The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-03-25

nesses in this proceeding ?" asked Rep
resentative. DENLY.
mo. My client, Mr.. CLAWS, has not
had an equal opportunity"
Mr.. Brandeis admitted he desired to
have the right to examine Mr. Bal
linger in his own way. Representative
Olmsted said he thought Mr.. Ballinger
should have the opportunity first TO
make his statement to the court in his
own way. Mr. Brandeis was directed
to proceed with his other witnesses, the
Ballinger matter being deferred for
the time being
Syndicate Manager Testffies.
Stephen D. Birch, manager and di-
rector of he ACKNOWLEDGEMENTS
syndicate in Alaska, then was sworn.
He said the syndicate was composed OF
J. P. Morgan e. Co., and some members
of the firm of M. Guggenheim Sons
Mr.. Birch recently appeared before the
senate committee on territories ana
gave the testimony which he repeated
today. He laid he first saw Clarence
Cunningham in connection with ms
claims in Seattle early in April. 1907.
The witness said he saw Cunning
ham several times in Seattle. Mr.
Brandeis then read into the record a
copy of the memorandum agreement
entered into July 20. 1907, by Clarence
Cunningham Miles c. Moore. A. B.
Campbell and the other Cunningham
claimants as vendors to Daniel Gug-
genheim as Vendee. stating terms un-
der which the claimants would convey
a half interest in their coal lands.
"And Daniel Guggenheim represent
ed the Guggenheim syndicate 2" asked
Mr.. Brandeis.
''Yes, sir
Representative Madison called at
tention to the fact that at the time
the agreement was dated several Cum
ningham claims had not gone to entry.
Mr. Brandeis read letter from Clar-
ence Cunningham to Mr.. Birch. dated
IL, f4H HNt1r, inc r1,ar m
said he had not been able to make
any progress, but had called a meet
ing of the claimants May 15, at
Spokane, when he hoped an agree
ment could be reached.
when saw Cunningham in Seattle
in June" continued the witness. ''he
said he had been unable to get his
people together. went to Alaska
and remained there ell summer"
There was next introduced in evil
dence a copy of the minutes of the
Spokane meeting, which was attended
by of the 1873 Cunningham claim
ants. At this meeting Cunningham
said he had been approached by
representative of the Guggenheims.
who desire coal for the operation of
their railways and smelters. The prop
osition which Cunningham outlined
was for the claimants to deed their
property to a company and retain half
the stock in that company-the other
SO per cent to be sold to the Guggen-
helms for a sum sufficient to equip
the mines, estimated at 100000.
Royalty of is Cents.
The Guggenheims were to mine the
coal and pay a royalty of Is cents a
ton. S. w. Eccles. Mr.. Cunningham
said, was the man who had made the
proposition to him. A committee was
appointed by the claimants to look !nto
the matter. Mr.. Brandeis next read a
copy of the minutes of the meeting of
the claimants held July 16, 1907. at
which Clarence Cunningham, Miles c.
Moore and A. B. Campbell were ap-
pointed a committee to negotiate with
I he representative of the tSuggenheims,
all of the other claimants present agree
ing to ratify the action of the commit
tee. Under date of August II, 1907.
Clarence Cunningham wrote to Daniel
Guggenheim, thanking him for the
promptness with which he had taken
the matter up and saying he would sail
within two hours with a representative
of the syndicate to inspect and exam
inc the coal property The Guggen-
helms had notified Cunningham that
they had been advised by counsel not
to purchase the claims in their incom-
pleted state and had requested that the
patents be hurried.