The Birmingham age-herald., 1910-11-14
In Letter to Taft ReOpens Fight Against Cunning
 ham Claims
INTERIOR DEPARTMENT
 MAY FAVOR TIE CLAIMS
Fears Subordinstes of Baliinger Dare Not Oppose Pntenting of Claims
 Which Would He Detrimen- tai to the People

Washington. November 15.-Expressing the fear that the interior department will
 recommend the patenting of the Gun
 nfngham Alaskan coal land claims which
 he believes to be fraudulent, Clifford
 Pinchot. former forester of the United
 States, has appealed to the President to
 allow him to submit a brief before any
 such action is given executive approval.
 MT. Pinchot has written a letter to the
 President under date of November ! in
 which he says.
 Tt is unfortunately impossible to look with confidence to the officials of the
 interior department for an unbiased 1 judgment in this natter and he de-
 clares 1t is clear that the protection of
 the public interests in these Alaskan coal
 lands must depend strictly upon the
 President himself
 Secretary Ballinger's connection with
 these claims. which have been before tho
 interior department since he was com
 missioner of the land office, precipitated the so-called Ballinger- -Pinchot contro-
 versy and the congressional inquiry of
 the interior department and the forest
 service which resulted therefrom
 The letter also bears the signature of
 the former forester's brother, Amos
 Pinchot It was given out tonight by MT.
 Pinchot for publication.
 | Following is the text of the letter: New York. November Il, 1910. The President Washington, D. C.
 "Sir-The taking of testimony to de-
 termine the validity of the Cunningham
 claims has long since come to an end and | ba dott of he int 5
 partment to patent or not to patent tho claims will doubtless be made before long. There is reason to apprehend that this | recommendation will be favorable to ths l Cunningham claimants and adverse to
 the interests of the people of the United States. The attorney for MT. Ballinger l in the printed brief submitted in behalf Of the Secretary Of the Interior saif; | Moreover, au cSamination of the rec ord of the Cunningham hearings and which is part of the record in this ease. | reveals not only that the statements of the Cunningham are true, but that the Cunningham claims are not fraudulent
 but honest claims This is not stated for
 the purpose of having this committee con
 slider the honesty or good faith of these
 claims for decision determina ton, but
 for the sole purpose that the committee | may see that no perjury was committed | by Cunningham, and that MT. Ballnger | by no possibility could have understood
 these claims to be fraudulent but good and valid claims. The evidence of all
 claimants except one. who is dead. has
 been taken in the Cunningham hearings. 1 and is now on file. 1t shows concusvely
 that none of the claimants entered into an agreement prior to locating prior | to the initiation of the entry for consoli- datlon of their claims
 Tt ,is difficult to avoid the conclu- | eli ba
 made by the attorney for MT. Ballin-
 ger represent the opinion of the lat ter, reached after the evidence was all l in, that the claims are valid and should
 be patented.
 Tt is true that MT. Ballinger refused | to act himself In behalf of the gov
 ernment on the ground that he for | merly represented the Cunningham | claimants and accordingly has turned l over all responsibility to his assist | ants. Nevertheless this unqualified in- dorsement of the validity of the claims | through his attorney can scarcely fail to have great moral weight with his | suhordinates.
 For them to render q decision ad- verse to the claim would not only lend support 10 criticisms heretofore made against them but would amount to taking direct issue with their chief on the argument made for him by his personal counsel.
 Tn view of these, facts it is unfor- tunately impossiblesto look with con fidence to officials of the interior de- partment for an unbiased judgment. If the decision of the interior department sh ould be to patent the Cunningham claims an appeal to the courts would
 be possible.
 According to the testimony of rep resentatives of the Morgan -Guggen- helm syndicate. who have long assert ed half interest In the Cunningham claims their ultimate value is in the neighborhood of s25,ooo,o0o; but the loss to the people of the United States would follow the issue of patents by no means limited to any such sum- AL tn ough the government would receive but little more than $50,000 for claims worth many millions, a decision favor able to the Cunningham claimants
 would not merely result in unjustifi- able loss to the public at large, It would also establish a precedent which might admit to patent other illegal claims outside the Cunningham group to the additional value of many mli- lions of dollars.
 While we recognize that the law under which these patents are sought unror- tunately places; such Limitations upon the area which can be embraced In any one entry as to hinder develop ment of Alaskan coal lands, it Is never In 6leSS OBVIOUS tndt tiit fSihcuy uotS not lie in patenting unlawful claims. It Is of the highest importance that the governments coal fields in Alaska should not be illegally acquired by any individual syndicate, but should be held
 in the public domain until legislation is obtained which will at once protect the peoples interests and provide fair opportunity for development. Because of the attitude of the in- terior department and on the peculiar circumstances of this case 1t Is clear that the protection of the public tn- terest in these Alaskan coal lands must depend directly upon the President him. self
 Tn your letter to me of January :. 1910. you said with reference to the Cunningham claims: Every patent as an executive act is completely within the Jurisdiction of the President to di- rect the withholding of it, in order that he himself may examine the evidence as to the validity of the claim. "We are advised by counsel retained for the purpose of reporting on the Cum 1r1 tlat no teS xaP