Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1910-09-06

the basis of single 16O-acre tracts. The
claims for the most part were handled
in groups, for which one agent repre-
scented the several different owners.
Unfortunately, strict 1nrerprelatlC4
of the statute raised the question
whether even tacit understanding be
tween claim owners to combine after
patents had been obtained was not IL
legal. Remedial Legislation was sought
and enacted in the statute of May %,
1908. The law permitted the consQli,
dation of claims staked previous to
November IL, 1906, in tracts of 1850
acres One clause of this law invali.
dated the title if any individual or cor
poration at any time in the future
owned any interesHwhatsoeyer, direct
ly or indirectly in more than one tract.
The purpose of this clause was to pre-
vent the monopolization of coal fields !;
its immediate effect was to discourage
capital. 1t was felt by many that this
clause might lead to forfeiture Of title
through the accidents or inheritance,
or might even be used by the unscrupu-
lous in matchmaking. 1t would appear
that land taken up under this law
might at any time be forfeited to the
government through the action OF any
individual who. innocently or other,
wise, obtained interest in more than
one coal company. Such title was
felt to be too insecure to warrant the
large investments needed for mining
developments. The net result Of all
this is that no titles to coal land have
been passed"
The Cunningham Claim.
On November IL, 1906, President
Roosevelt issued an executive order
withdrawing all coal lands from loca-
ticn and entry in Alaska. On May To-
1907. he modified the order so as to
permit valid locations made prior to
the withdrawal on November ~, 1906
to proceed to entry and patent. Prior
to that date some 900 claims had been
filed. most of them said to be illegal
because either made fraudulently by
dummy entrymen in the interest OF
one individual or corporation, or be
cause of agreements made prior to To-
cation between the applicants to CO.
operate in developing the lands. There
are SO claims for 100 acres each,
known as the Cunningham claims
which are claimed to be valid on the
ground that they were made by an at
torney for 33 different and bona fide
claimants who, as alleged, paid their
money and took the proper steps to To-
cate their entries and protect them
o%o% 0f "a ON
in the hearings before the land office
have attacked the validity Of these
Cunningham claims on the ground that
prior to their location there was an
understanding between the claimants
to pool their claims after they had
been perfected and unite them in one
company The trend of decision seems
to show that such an agreement would
invalidate the claims, although under
the subsequent law of May %, 1908
the consolidation of such claims was
permitted, after location and entry, in
tracts of, 1850 acres. 1t would be, OF
course, improper for me to intimate
what the result of the issue as to the
Cunningham and other Alaska claims
is likely to be, but it ought to be dis
tinctly upnderstood that no private
claims for Alaska coal lands nave az
yet been allowed or perfected, and al
SO that whatever the result as to pend
ing claims. the existing coal land laws
of Alaska are most unsatisfactory ano
should be radically amended. TO begin
with, the purchase price of the land Is
flat rate of SO per acre. although
as we have seen, the estimate of the
agent of the geological survey woulo
carry up the maximum of value to $5o(
an acre. In my judgment 1t is essen
tial in the proper development OF Alas
! ka that these coal lands should Dc
! opened, and that the Pacific slope
| should be given the benefit of the com
paratively cheap coal of fine quality
| which can be furnished at reason
able price from these fields but the
| public. through the government, ougn
certainly to retain wise control ane
interest in these coal deposits, and
think it may do so safely If congress!
will authorize the granting Of leases
as already suggested for government
coal lands in the United States, witt
Eprovisions forbidding the transfer Q
the leases except with the consent o
the government, thus preventing thel
acquisition by combination or mon
6piy ond upon limitations as to tn
area to be included in any one ieas'
to one individual, and at a certain
moderate rental, with royalties upol
the coal mined proportioned to tn
market value of the coal either a
Seattle or at San Francisco. Of cours
! such leases should contain condition
requiring the erection of proper plants
the proper development by moderl
mining methods of the properties leas
ed. and the use of every known an
practical means and device for savln
the life of the miners.
! The government Of the United state
has much to answer for in not hay1n
given proper attention to to the gov
ternment of Alaska and the develop
|ment Of her resources for the benen
of all the people of the country. I.
would not force development at tn
|expense of a present or future waste Q
resources: but the problem as to tn
disposition of the coal lands for pres
ent and future use can be wisely an
safely settled In one session II con
eress gives 1t careful attention.
! Oil and Gas Lands.
In the last administration there wer
withdrawn from agricultural entry 2,
$4,000 acres of supposed oil land !
California; about a million and hal
| " a H. -- 1., q