The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1909-08-26
interior Department Officials in
Feverish Haste to Prepare
Coal Lands Report
Pierce Refuses to Give Copy of
His Opinion, but Call Cor.
respondent Secures Ii
No Question That 1t Does Have
Reference to the Cunning
ham Alaska Claims
.Especial Dispatch 10 The CALI

y Special Dispatch 10 The Call
WTAsHINGTON. Aug. 25.-
w There was great excitement
in the interior department to-
day upon receipt of directions from
the president TO prepare a statement
immediately upon the CLAWS charges
! T fraud and conspiracy in connection
with the Cunningham coal claims in
Alaska.
In view of the grave charges made
by Claws the decision rendered by
acting Secretary Pierce May 10,
which upon the irregular appeal OF
CLAWS was reversed by Attorney Gen
eral Wickersam. has a significant in
terest coming as It did at a critical
period in the investigation of the
Alaska frauds.
Tuesday Pierce said this decision
had nothing to do with the Cunning
ham cases Today a request for a
copy Of this decision was met with a
sharp refusal from Pierce, who said
he had decided not to give it out.
However, The Call correspondent
is enabled to present the document
verbatim. ss follows. even to the Off
cial initiating upon II:
K. M. T. E. c. F. F. w. c.
Department of the Interior.
WASHINGTON, May 10, 1909.
The commissioner of the general
land Office.
Sir: Referring to your recent
request for instructions relative
to unprotected coal land entries
within Alaska, made by qualified
person prior to the passage of the
act Of May %, 1908 (35 stat. 424),
concerning which you report that
under varying conditions arrange
ments had been entered into look
ing to the transfer and consolida-
ton Of the entries into groups, in
order to secure such acreage as
would warrant the economic de-
velopment of the groups, and that
application is now being made to
perfect said entries under said act,
I have to advise you that the act
Of May %, 1908, was a curative
act and should be literally con-
strued so as to further the object
intended to be advanced by said
Legislation, namely, the consohda-
ton of coal claims in Alaska, ini-
tiates prior to November IL, 1906,
through means of associations or
corporations, so as to permit of
the requirement of title to con-
tiguous locations not exceeding
1850 acres.
There are, Of course conditions
respecting the qualifications of
the persons constituting the asso-
citation or corporation making the
consolidated entry, It's length, ETC.,
with respect to which your in
ouiry has no relation. 1t is as
sumed that the difficulty with
which your Office is confronted in
passing upon these applications is
merely that technical objection
might have been made as to the
good faith Of the claimant or en-
tryman, because of the under
standing, arrangement or agree
ment contemplated or entered into
with respect to the completion of
such entries, prior to the passage
of the act of May %, 1908. With
respect thereto am of the opin-
ion that to so limit the scope and
the purpose of the act of 1908 as
to refuse the privilege of perfect
ing such claims under its liberal
provisions, solely because of such
previous arrangement or agree
rnent, is unwarranted, and that in
passing upon entries sought to be
perfected under the act of 1908,
where the only objection thereto
is an arrangement of the character
specifically described in your let
ter, the same might and should be
accepted and passed to patent.
Very respectfully,
FRANK PIERCE.
First Assistant Secretary
The initials in the left hand corner
are those of the stenographer: IN the