Los Angeles herald., 1910-11-14
PINCHOT APPEALS
To PRESIDENT IN
COAL LANDS CASE
Former Forester Fears Interior
Dept. Will Favor Patent
ing Cunningham Claims
CRITICISES FEDERAL OFFICE
Secretary BaIIinger Issues State
ment Denying Charges and
Offers Adjustment Plan
cRITICISEs FEDERAL OFFICE
Especial to The Herald

WASHINGTON, Nov. 13.-Express-
ing the fear that the interior depart
ment will recommend the patenting of
the Cunningham Alaskan coal land
claims which he believes to be fraud
ulent, Clifford Pinchot, former forester
of the United States, has appealed to
the president to allow him to submit
brief before any such action is giv-
en- executive approval.
Mr.. Pinchot, writing to the president
under date of November z, says, in
part:
Ut is unfortunately impossible to
look with confidence to the officials of
the interior department for an un-
biased judgment in this matter and it
is clear the protection of the public
interest in these Alaskan coal lands
must depend directly upon the presi-
dent himself.
Secretary Ballinger's connection
with these claims, which have been
before the interior department since
ne was commissioner of the land Of
flee, precipitated the so-called 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 foresters brother, Amos
Pinchot. Following is the text of the
letter:
New York, Nov 7, 1s1O.-The Presi-
dent, Washington, D. C.-Sir: The TAX
ing of testimony to determine the val
| idity Of the Cunningham claims has
long since come to an end and the
recommendation of the interior depart
ment to patent or not to patent the
claims will be made before long. There
is reason to apprehend this recommen-
dation favorable to the Cunningham
claimants and adverse to the interests
of the people of the United States.
CUNNINGHAM CLAIMS HONEST"
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 a part of the record in
| this case, reveals not only that the
statements of Cunningham are true
| but that the Cunningham claims ar
not fraudulent, but honest.
""This is not stated for the purpose
of having this committee consider the
question of honesty or good faith of
these claims, but for the purpose of
decision or determination. It is said
solely that the committee see that no
perjury could be committed by Cum
ningham, and that Mr.. Ballinger by
no possibility could have understood
LU6S6 CldlIIlS W U6 lIdQQQISntg lOT LIi6
reason that, as matter of fact, they
were not fraudulent, but good and
valid claims.
"'The evidence of all the claimants
except one, who is dead, has been
taken In the Cunningham hearing and
is now on file. 1t shows conclusively
that none of the claimants entered
into an agreement prior to location or
prior to the initiation of the entry for
consolidation 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 latter,
reached after the evidence was all in.
that the claims are valid and should
be patented.
''It is true that Mr.. Ballinger has
refused to act himself in behalf OF
the government, on the ground that
he formerly represented the Cunning
ham claimants, and accordingly has
turned over all responsibility to his
assistants Nevertheless, this unqual
flied Endorsement of the validity of the
claims through his attorney can
scarcely fail to have great moral
weight with his subordinates.
INTERIOR OFFICIALS CRITICISED
"For them to render a decision adj
verse to the claims would not only
lend support to criticisms heretorofe
made against the department, but
would amount to taking direct issue
with their chief on the argument made
for him by his personal counsel.
"In view of these facts, it is impos-
sible to look with confidence to the
officials of the interior department for
an unbiased judgment. If the decision
of the interior department should be
to patent the Cunningham claims, no
appeal to the courts could be possible.
ffA % " n
resentatives of the Morgan-Guggen-
helm syndicate, who have long asserted
a half interest in the Cunningham
claims, their ultimate value is in the
neighborhood of $25,000,0o0, but the loss
to the people of the United States that
would follow the issue of patents py
no means is limited to any such sum.
Although the government would re-
ceive but little more than $4,000 for
claims worth many millions, decision
favorable to the Cunningham claim
ants would not merely result in an un-
1ustifiable loss to the public at large;
it also would establish precedent
which admit to patent other illegal
claims outside of the Cunningham
group to the value of many millions
of dollars.
"While we recognize the law under
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 Alaska coal lands, it is never
theless obvious that the remedy does
not lie in patenting unlawful claims.
ut is of the highest Importance that
the governments coal fields in Alaska
should not be Illegally acquired by any
Individual or syndicate, but should be
held in the public domain until legisla-
tion is obtained which will at once
protect the peoples interest and pro-
vide a fair opportunity for Develop
ment.
Because of the attitude of the in
terror department and OF the peculiar
circumstances of this case it is clear
the protection OF the public interest IN
IContinued On Pass xWsa