The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-11-09
CLAWS IS HEARD.


the coal claims were not bona fide
My report of this matter to Mr. Bal
1nger states that one claimant had
refused me an affidavit. on the ground
that Mr.. Ballinger himself had told
some of the claimants to make no
statement until the charges were
made, in order that they might know
what they had to meet but that
could not believe this statement. Mr..
Ballinger never commented to me on
this phase of my report. 49, -
In December. 1907. I was called
to Washington, and explained to Mr.
Ballinger, then land commissioner
what I had found out about all the
claims, including the Cunningham
claims. 1 also stated that the depart
ment of justice would know these
facts and would investigate them if
the land Office did not Mr.. Bal
linger told me he was a friend of
many of the claimants. but that was
authorized to go ahead and in
vestigate all these claims, no matter
what the result. He then wrote me a
letter, putting me in charge of the in
vestigation of all the Alaska coal
claims. 1t was agreed by Mr.. Bal
linger that inasmuch as Special Agent
Love was a candidate for United
States marshal in Alaska. he was not
investigation. At our. conference in
December, 1907, the good faith of the
Alaska entries was discussed by Mr..
Ballinger. On January Z, 1905. ten
days afterward, Mr.. bennett, assistant
commissioner, notified me. as in
vestigator of the whole field, that the
Cunningham claims had beeo ap-
proved for patent on the Love re-
port. Three days before this 4 tele-
gram. signed r. A. Ballinger,' was
sent to Love in Alaska. directing him
to forward the Dlats which the land
nffion would rpnllira in iCSlliD q
patents to the Cunninsham claims.
Again, On January IL. zoos, a tele-
gram was sent. signed with Mr.. Bal
fingers name, to Love, asking him
whether he had acted on the previous
telegram. Love telegraphed that he
had sent the plats. The envelope of
this telegram in the land Office was
endorsed Hand to Carr. o. K. Carr
Carr was then private secretary to ME-
Ballinger.
A Leak in the Land Office.
"On January Is. 1908, Cunningham
agent for the claimants. wrote Letter
to the Juneau land office. in which hi
said:
THE commissioner. (Mr. Ballinger,
| has furnished US with copies of all tn,
/ correspondence and kilograms relating
| to our entries between the various spec
| TO date everything seems to have beer
approved by each department chief, 81
now our only delay will be occasionet
| through failure to receive plats accord
| ing to Judge Ballinger's advice
| IF the Cunnir CHAM claims had the1
gone to patent, 5000 acres of coal land
containing, according to Mr.. Cunning
/ hams expert, 91.000,000i tons of coal
would have gone to the Cunningham
group without adequate investigation o
| title. When the Cunningham claims
/ were ordered to patent. Mr.. Ba1linge
and his assistants must have known
from the reports of Special Agent Jone
and myself, the suspicious character o
these claims.
Here was nv first dilemma. 1 did no
wish to protest to Secretary of the In
/ terror Garfield against the action of tn
commissioner, and 1 did not like TO Sc
| 5000 acres of coal lands go to the Gun
bingham group when I believed tn
claims fraudulent.
IT did protest Immediately, by tele
lGram and letter. direct to COMMISSIONS
Ballinger, against the issuance of tn
patents. The order clearlisting tn
Cunningham claims to patent was al
most immediately revoked. ard, o.
:. March i, 1908, I again took up the worl
ION these claims. Special Agent JaDa