Arizona republican., 1909-11-25
FREE FROM
 GUGGENHE|MS Testifies a Witness n Alaska
 Coal Land Case HAD BEEN NEGOTIATIONS
Looking Only to the Build ing of a Railroad, But Nothing Came of That and Then the Claimants Organized Themselves.

Seattle. Nov. 24.-For the first time since the hearing opened. the relations of the so-called Guggenheim interests to the Cunningham claimants was taken up by the attorney for the claimants in the inquiry into the Alaskan coal land cases today. Although it had been expected that the claimants would not put any witnesses on the stand until the hearing was transferred to Spo- kane the attorneys for both sides held a conference this morning and it was decided 70 go ahead with the case here. taking the testimony Of witnesses who live in Seattle.
 Charles J. smith. a Seattle baker. one of the promoters of the Alaska Yukon Pacific exposition. and who is one of the claimants interested in the Cunningham group. was put on the stand b,- the defense at the opening Of the afternoon session. smith, whD has had several years experience operating coal properties in the Cas- cades. was interested in the Alaska claims by Cunningham. who was au- thorized b. him to file on a claim m the Katalla district.
 Smith said there had never been any intention of holding the claims for some outside corporation. He said he knew if would be impossible for one man or three men working together to successfully operate mine in the Ka- talla district owing to the isolation of the property. and the expenditure re- quired to get the coal to tide water. He said 1t was his understanding that they would join together for the purpose of carrying on only that work which could not be successfully carried on by the claimants acting separately.
 Cunningham informed him that the so-called Guggenheim interests pro- posed to build a railroad from the mines to tide water at Cordova, Alas ka. and he said meeting was to be held at Spokane to consider the propo- sitiOn
 Smith was asked to attend the meet ing. but he said that he could not go. Later Cunningham informed him that a committee had been appointed at the Spokane meeting to take up the mat ter with a representative of the Gug- genheim interests. AS a result of the efforts of the committee an agreement was drawn up which provided that the Guggenheims would build line from the mines to tide water. in return for which they were to handle the output of the mines. Smith said he was not party to this agreement. which sub sequently fell through. and he never sanctioned in any way the action of the Spokane meeting in opening negO- tiations with the Guggenheim inter ests. Later some of the claimants formed a chartered company to build tdeir own railroad
 Smith then told of a little tilt he had with l.. R. Glavis. at that time special agent for the government. Cunningham brought Glavis into Smiths office after the claims had been held up. Cunningham said that Glavis wanted them to sign an affi- davit setting forth that they had no intention of holding the coal claims for the Guggenheims.
 ''I told Clavis I had made all the af fidavits l was going to make" said Smith. When Glavis explained that he wanted the affidavit to clear up a belief prevalent in the land office that we were working for the Guggenheims. consented. l was under the impress sion that this would clear the whole matter up. and there would be no further delay in the delivery of our patents"
 Smith was not crossexamined this afternoon but it is probable that the governments attorneys will take him in hand the first thing Monday morn ing