The Marion daily mirror. (Marion, Ohio) 1892-1912, 1909-11-09

cfsion, and at my request letter
was sen to me on May ~, directias
me 80 to report.
On the 26th reported that, ac-
cotding to the decision rendered by
the Interior Department. 1t was use-
less to proceed with any further IN.
vestigation and that under the deci I.
sion ! was obliged to report 1872
claims, including the Cunningham
group, for the consideration Of the
Commissioner under this decision.
The decision rendered by MIR. Pierce
was as follows:
Department of the Interior.
Washington, May 10. 1909.
The Commissioner OF the General
Land Office.
"Sr-Referring to your recent re-
quest for instructions relative to un-
perfected coai-land entries within
Alaska, made by unqualified persons
prior to the passage of the act of
May 2s. 1908 (35 stat, 42D. con-
cerning which you report that under
vurying conditions arrangements had
been entered into looking to the
transfer and consolidation OF the en-
tries into groups, in order to secure
such acreage as would warrant the
economic development of the groups,
and that application is now being
made to perfect said entries under
said act, 1 have to advise you that
the act of May 2s, 1908. was a cura-
tive act and should be literally con-
strued so as to further the object in
tended to be advanced by said leg
islation, namely. the consolidation of
coal claims in Alaska, initiated prior
to November 10. 1905. through
means of associations or corporations,
so as to permit OF the requirement
OF title to contiguous locations not
exceeding $3.50 acres.
There are. of course. conditions
respecting the qualifications of the
persons constituting the association
or corporation making the consolidate
ed entry, its length, etc, with respect
to which your inquiry has no rela-
tion. 1t is assumed that the difficulty
with which your Office is confronted
in passing upon these applications
Is merely that technical objection
might have been raised as to the
good faith of the claimant or entry
man because of the understanding ar.
plated or entered into with respect to
the completion of such entries prior
To the passage OF the act of May 2S,
1908. With respect thereto, I am OF
the opinion that to so limit the scope
and purpose of the act of 1908, as to
refuse the privilege of perfecting
such claims under its liberal provi-
slons, solely because of such previous
arrangement or agreement, Is unwar-
ranted, and that in passing upon en-
tries sought to be perfected under tho
act of 1908, where the only objec'
ton thereto Is an arrangement o,
agreement OF the scharacter specific
ally described in your letter. the same
might and should be accepted ant
passed to patent.
"very respectfully,
"(Signed) FRANK PIERCE,
First Assistant Secretary.
was then in n very difficult posi-
ton. / knew what the law was. ant
my superiors were against me. If
accepted their ruling. 100000 acres o
Alaska coal lands were slipping froii
the United States with no hope of re
covery-and were going to claimant
many of whom were fraudulent. TIL
chance for the wise regulation O
Alaska coal lands urged by Presiden
Roosevelt would be gone.
Overrulcs Ballinger.
without consulting with my super
. lors, went to Attorney-Genera
, Wickersham and stated the matter I
: him. / understand that he asked MI
: Ballinger to refer the matter to hin
: Mr. Ballinger requested me to with
: draw my report. which showed tina
if the Pierce decision was correct. tn
: Government had no ground to oh
ject to any of the Alaska claims.
Withdrew that report.
; Ten days later the Attorney-Gener
al delivered an opinion on the ques
tion--it is long. and | shall not quot
IT, Suffice 1t to say II overruled tn
Pierce decision on every point, up
held my contention, and saved tn
Alaska coal cases.
Ballineer Against Investigation.
|, One other fact arose on my visit I
Washington (and of this have n
documentary evidence.
In my conference with Mr.. Balling
er, / stated to him that I was goin
to see one of the congressman. re
garding whose participation In tn
Alaska coal cases had sworn ties
timony; he replied that there ha'
been too much of this sort of thins
and that that was a matter for Con
gressional investigation. In conse
quence. after consultation with othe
Government officials, decided not 4
see any Congressman; but I after
ward found out--from sworn tesa
mony obtained by me and now In tn
Land Office--that Mr.. Ballinger had
about year before. represented I
Congressman In Alaska coal matters
At the expiration of the sixty day
allotted for the completion of my re
ports. I teelgraphed that was got
ting new evidence, and that I could
4 not consistently make final reports
while further evidence was available
Cunningham cases included, and tina
the time should be exterded at lean
sixty days longer.
Balllnger Pushes Trial.
In answer to this telegram re
ceived despatch from the Genera
Land Office that the reports must
be submitted at once and that al
agent would be sent to Seattle al