Los Angeles herald., 1910-09-10

association or corporation; that he was
to have one-eighth of each subscribers
stock for his service in prospecting
land and managing the deal"
The findings declare: THAT strong
evidence was produced that this plan
was adopted and acted upon by the
subscribers; that the Cunningham
claims can be Cancelled for fraud IL
vigorously prosecuted by the govern
ment; that the claims contain from 50,-
100000 to 9O00O,OO0 tons of COAL"
The composition of the Morgan
Guggenheim, or Alaskan syndicate Is
given and. declared to be IAN associa-
ton organized to exploit Alaska"
The findings of Mr.. Madison declare
this syndicate entered into an option
agreement with the Cunningham claim
ants in 1907 whereby said claimants
were to organize a corporation capital
lied at $5,000,000 and convey one-half
the stock to it for $250,000. The coal
lands of the Cunningham group were
to be decided to said corporation.
1.-THE evidence fairly shows that the
syndicate aimed at the monopoliZation
of the BehEing river coal fields" con-
tinues the findings.
ORDERED CLAIMS TO PATENT
an December, 1907, Mr.. Ballinger, as
commissioner Of the general land office,
Moore of Walla Walla, Wash, Cum
ningham claimant. ordered the Cum
ningham claims to patent. Previous to
this order the Guggenheim option
agreement had been made. Claims had
gone to entry, but patents were being
delayed.
"All Alaska coal claims were under
suspicion of being fraudulent. The or
der under such circumstances was
Fs.. 1,,x
before been instructed to investigate all
Alaska claims, and who was given a
formal notice of the order, protested
against it, and the order was revoked.
After resigning as commissioner Mr..
Ballinger acted as advisor and counsel
for the Cunningham claimants, in their
attempts to obtain patents. He pre-
pared a lengthy affidavit for Clarence
Cunningham and presented 1t to the
secretary of the interior and commits
sioner of the general land office, in an
attempt to explain away a former aff1-
daVit of Cunningham and the entries In
the Cunningham journal, both of which
had been secured by CLAWS and were
the most damaging pieces of evidence
against the claimants In possession of
the government.
"Mr. Ballinger violated no statute in
so doing, but he did violate the moral
ODIlRdIlOn
attempt to embarrass the government
in an effort to conceal the entries be-
gun while he was commissioner, and
which it was his duty to aid in good
faith while in Office.
GOOD FAITH INTENDED
"The act of May 2S, 1908, permitted a
consolidation of coal claims to the ex-
tent of 2560 acres, where the locations
a. To- Il cot
struction placed upon the act by
Messrs. Pierce, Bennett, Finney and
Clements, and seemingly by Mr.. Bal
linger, would have condoned all agree
ments to combine in violation of the act
of April 2S, 1904. The Pierce decision
had that effect. Through the efforts of
CLAWS and Henry M. Hoyt this decision
was reviewed by the attorney general
and reversed.
"In the summer of 1909 III. H.
Schwartz, chief of the field division of
the general land office, endeavored to
force CLAWS to report on the Cunning
ham coal claims and to go to trial
or hearing in the proceeding to cancel
the entries, without an examination or
the claims to ascertain II improve
ments were being made as prescribed
by law. This was an important Cir
cumstance in the governments case.
charge of the case James M. Sheridan,
who was sent to succeed him, re-
ported that he was right and the field
examination was made prior to the
hearing"
Mr.. Madison discusses the Pinchot
charges and the question of water
power sites, and their withdrawal by
the government in order to prevent
monopoly. He says:
1&f a lf m r.
flee as secretary, declared such with
drawals were without authority of
law. although there was much author
itv to uphold Mr.. Garfield's action,
and restored the lands to entry and
exposed them to the danger of ulti-
mately, without any restriction as to
their use, falling into the possession
of those who would monopollze the
power.
"At the time of restoration he did
not intend to rewithdraw the LANDS,
but on account tf protests from those
whom he said had an exaggerated
idea of the danger, he rewithdrew the
lands in sufficient quantities to pro-
feet the sites. He made, to Senator
La Toilette, in a letter, as the reason
for the restoring a large portion OF
the land, the statement that the re
clamation service had recommended
the restoration of the land to the pub
lie domain. This statement also wa was
made in a letter tosthe president. The
evidence before the committee shows
the officers of the reclamation service
protested against the restorations.
'eMr. Ballinger's course toward the
director of the reclamation service,
since he has been secretary, has been
such to destroy discipline and harmony
in the bureau.
in the accomplishment of results. ne
protested against and prevented the
patenting of the Cunningham claim
when ordered to patent by Commis-
sioner Ballinger. He secured re-
versal of the Pierce decision constru-
ing the act of May 2S, 1908, and he
prevented the commencement of hear
ings to cancel the Cunningham entries
until a field examination had been mad;
CLAWS, Henry M. Hoyt, Horace Tillard
Jones and Andrew Kennedy are de-
serving of commentator by the peo-
pie of the country"
FITNESS OF BAILINGER QUESTIONED
"The questions to be- determined in
the fitness of Mr.. Ballinger as pubic
servant were those which arose out or
the Cunningham claims and the restor-
alton of the water power sites. These
had to do with the conservation of the
natural resources of the nation. Mr..
Rallinger on one side and Mr.. Pinchot
and Mr., Garfield on the other occupy
entirely opposite positions toward that
policy.
"Mr. BaIlinger was willing the Cum
ningham claimants should obtain their
patents without investigation, although
the signs were prominent, and ne