The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-11-14
APPEALS TO TAFT
Clifford PinchOt Writes a Letter
to the President.
Asks Permission to Submit a
Brief in Land Cases.
HE FEARS BALLINGER,
He Has No Confidence in the
Department Officials.
Suspects a Scheme to Patent
the Cunningham Claims.

u
the Cunningham Claims.
Washington Nov. 14.-Expressing the
fear that the interior department will
recommend the patenting of the Cum
ningham Alaskan coal land claims
which he believes to be fraudulent, Gift
foro Pinchot, former forester of the
United States, has appealed to the pres
fdent to allow him to submit a brief be-
fore any such action is given executive
approval.
Mr. Pinchot has written to the presi-
dent under date of November Z. He says
in part:
1T is unfortunately impossible to look
with confidence to the officials of the
interior department for an unbiased
judgment in this matter and it is clear
the protection of the public interest in
these Alaskan coal lands must depend
directly upon the president himself"
Secretary Ballinger'S connection with
these claims, which have been before
the interior department since he was
commissioner of the land Office, pre-
cipitated the so-called BaIlinger- -Pinchot
controversy and the congressional in
quiry of the interior department and
the forest service which resulted there
from.
The letter also bears the signature of
the former forester's brother, Amos
Pinchot.
The Letter.
Following is the text of the letter:
New York, Nov. z. 1910.
THE President, Washington, D. c.
''Sir:-The taking of testimony to de-
termine the validity of the Cunning
| ham claims has long since come to an
end and the recommendation of the in
terror department to patent or not to
a inns nil 11o
| made before long. There is reason to
| apprehend this recommendation will be
favorable to the Cunningham claimants
and adverse to the interests of the peo-
pie of the United States.
! 1.-THE attorney for Mr.. Ballinger in
the printed brief submitted in behalf
+ of the secretary of the interior said:
Moreover. an examination of the
record of the Cunningham hearings and
which is part of the record in this
case, reveals not only that the state
ments of Cunningham are true, but that
| the Cunningham claims are not fraudu-
lent, but honest.
This is not stated for the purpose
| of having this committee consider the
question of the honesty or good faith
of these claims for the purpose of de-
cision or determination. 1t is stated
solely that the committee see that no
perjury could be committed by Gun
ningham, and that Mr.. Ballinger by
no possibility could have understood
these claims to be fraudulent. for the
reason that, as a matter of fact, they
were not fraudulent. but good and
valid claims.
1.-THE evidence of all the claimants,
except one who is dead, has been TAX
en- in the Cunningham hearing, and is
now on file. 1t shows conclusiVely that
none of the claimants entered into
agreement prior to location or prior to
the initiation of the entry for consoli-
datiOn of their claims
! "It is difficult to avoid the conclu-
sion that these deliberate assertions
made by the attorney for Mr.. Ballin-
ger represent the opinion of the lat
ter, reached after the evidence was all
in that the claims are valid and should
be patented.
''It is true that Mr.. Ballinger has re-
fused to act himself on behalf of the
government, on the ground that he for
merly represented the Cunningham
claimants, and accordingly, has turned
over all responsibility to his assistants
/ Nevertheless, this unqualified endorse
ment of the validity of the claims
| through his attorney can scarcely fail
| to have great moral weight with his
| subordinates.
For them to render a decision ad-
verse to the claims would not only
lend support to criticisms heretofore
made against the department, but
would amount to taking direct issue
with their chief on the argument made
| for him by his personal counsel
| Could Be No Appeal.
"In view of these facts. it is inn
possible to look with confidence to Of
ficials of the interior department for
an unbiased judgment. If the deci-
sion of the interior department should
be to patent the Cunningham claims,
no appeal to the courts could be pos
sible.
According to the testimony of rep
resentatives of the Morgan-Guggen-
helm syndicate, who have long assert
ed a half interest in the Cunningham
claims, their ultimate value is in the
neighborhood of $25, 100000; but the loss
to the people of the United States that
would follow the issue of patents by no
means is limited to any such sum-
| although the government would re-
ceive but little more than $50.000 for
claims worth many millions, a decision
| favorable to the Cunningham claimants
| would not merely result in an unjusti-
fable loss to the public at large. II
would also establish a precedent which
might admit to patent other Illegal
claims outside of the Cunningham
group, to the value of many millions r1
| dollars.
'While we recognize that the law un-
der which these patents are sought un-
fortunately places such limitations
upon the area which can be embraced
in any one entry as to hinder develop
ment of Alaskan coal lands, 1t is
| nevertheless, obvious that the remedy
does not lie in patenting unlawful
claims.
"It is of the highest Importance thai
the governments coal fields in Alaska
should not be Illegally acquired by an.
individual or syndicate, but should bt
held in the public domain until legisla
ton is obtained which will at onc'
protect the peoples interest and pro
vide a fair opportunity for develop
Inent
Because of the attitude of the in
, terror department and of the peculia
circumstances of this case. it is cleai
the protection of the public interest il
these Alaskan coal lands must depend
! directly upon the president himself
| On 1zn11r- Iatta, q Lamar Z