The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1910-11-14
PINCH0T
APPEALS TO
PRESIDENT.
LACKS CoNFIDENcE IN
OFFICIALS OF INTERIOR
DEPARTMENT
FEARS CUNNINGHAM LAND
CLAIMS WILL BE PATENTED
impossible TO Look Forward to
Unbiased Judgment In Alaska
| Land Gases
(By Associated pressJ

10Y hSbAldleu t-FShsJ
Washington, d. c., Nov. LEX
pressing the fear that the interior de.
partment will recommend the patent
ing of the Cunningham Alaska coal
land claims which he believes to be
fraudulent, Giffqrd Fnchot, former
forester of the United States has APP
pealed TO the president to allow him
70 submit brief before any such ac-
ton is given executive approval.
Mr.. Pinchot has written TO the
president under the date of Nov. T..
He says in part:
1T Is unofficially impossible to look
with confidence to the officials OF the
interior department for an unbiased
judgment in this matter and 1t is
clear the protection of the public in
terest on these Alaskan coal lands
must depend directly upon the presi-
dent himself.
Secretary Ballinger's connection
with the claims, which have been be-
fore the Inferior department since
he was commissioner OF the land Of
flee, precipitated the socalled Ballin-
ger-Pinchot controversy and the con-
gressional inquiry of the interior de-
partment and the forest service which
resulted therefrom,"
The letter also bears the signature
of the former foresser's brother, Am
os Pinchot
Following is the text OF the letter
New York. Nov. 7, 1910.
THE President, Washington. .. c.
"Sir:-The taking of testimony to
determine the validity of the Cum
ningbam claims has long since come
to an end and the recommendation OF
the interior department to patent or
not to patent the claims doubtless
will be made before long. There is
reason to apprehend this recommends
tlon will be favorable TO the Cunning
ham claimants and adverse to the in
terests OF the people of the United
States
The attorney for Mr.. Ballinger In
the printed brief submitted in behalf
of the secretary Of the Interior said.
Moreover, an examination of the
records OF the Cunningham hearings,
and which Is part of the record In
this case. reveal not only that the
statements Of Cunningham are true
but that the Cunningham claims are
not fraudulent, but honest
This Is not stated for the purpcee
of having this committee consider the
question of the honesty or good faith
of these claims for the purpose of de-
cis.on or determination. 1t Is stated
solely that the committee might see
that no perjury could be committed By
Cunningham. that Mr.. Ballinger by
no possibility could have understood
these claims to be fraudulent, for the
reason that. as a matter OF fact, they
We're not fraudulent, but good and
valid claims.
The evidence OF all the claimants
except one who Is dead. has been
taken in the Cunnlngha mhearing, and
Is now on file. 1t shows concmsiyely
that none of the claimants entered in
to an agreement prior to location or
prior 10 the initiation of the entry for
consolidation of their claims"
1T is difficult to avoid the conclu-
sion that these dellDerate 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.
1T is true that Mr.. Ballinger has
refused to act himself in behalf OF
the government, on the ground that
he formerly represented the Cum
ningham claimants, and accordingly
has turned over all responsibility to
his assistants. Nevertheless, '1ais un-
qualified Endorsement of the validity
OF the claims through the attorney
can scarcely fail to have great moral
weight with his subordinates.
Fer them to render decision ad-
vCrge to the claims would not only
lend support to criticisms heretofore
mace against the department but
would amount to taking direct issue
with their chief on the argument
.lale for him by his personal coun-
sel
" In view of these facts II Is impos-
sible to look with confidence to of
ficials of the interior department for
on unbiased judgment. II by its de-
cislon the interior department should
grant the patent to the Cunningham
claims, no appeal to the courts could
be possible.
According to the testimony of rep
resentatiyes of the Morgan-Guggen-
helm syndicate who have long assert
ed half interest in the Cunningham
claims, their ultimate value Is N the
Deighborhood of twenty-five million
dollars; but the loss to the people.
of the United States that would fol-
low the issue of patents by no means
is limited TO any such sum.