The Washington times., 1910-03-25

Land Office. be called as a witness in
| connection with the clear listing Of the
Cunningham group of Alaska coal
! claims.
Brandeis then called stephen D. Birch.
| managing director of the Morgan-Gug-
Senheim syndicate in Alaska, TO the
stand
The witness then produced copy OF
I the memorandum, executed by A r.
! Campbell. Clarence Cunningham. and
Miles c. Moore. TO Daniel Guggenheim,
proposing that the MOrsan-G GuEEenheim
syndicate purchase the thirty-three
coal claims i'm the Cunningham group. 1t
was dated July %, 1907.
Wanted Half Interest.
Responding TO a question. the witness
declared that this memorandum option
was presented 10 Daniel Guggenheim as
the head OF the syndicate, and its object
was the purchase by them OF . 30 per
cent interest
Representative Madison then brought
out the fact that several Of the claims
in the Cunningham group had not. at
the time Of the execution of the mem
Uranium. passed to entry in the Land
Ofica
Birch then explained that the syndi-
cate desired the coal lands particularly
because II was necessary for the opera
tlon Of railroads which the MOrgan-Gug-
Eenhelm outfit expected 10 build.
BrandelS then put in evidence the
minutes Of a meeting Of claimants,
dated Seattle. on May Is, 1907. 4rOm
Ihese minutes II appeared that Gun
hingham had been approached by a rep
reSentatiye Of the GuggenheimS" with
regard to the coal claims
Bircl teSuhed that S. w. EcClCs. pres
ldent Of the Copper River Railroad
Company Of Alaska. and vice president
Of the American Smelling and RcnninE
company, two Guggenheim companies,
had also met Cunningham.
Correspondence Is Read.
Correspondence which passed between
Daniel Guggenhelm and Clarence Gun
nInsham in regard TO the claims was
read by Brandeis. They were produced
by the Guggenheim syndicate.
II was one Of these that Cunning
ham declared, in response 10 a request
from Daniel GUEgenheim 10 hurry, the
issuance OF patents I'm the cases. that
the commissioner Of tho Land Office
iat that time BallinEerl had assured
tnem that everything would he cleaned
up within ninety days.
i feel that the patents will be {ssued
IN the ordinary course Of departOenfal
afalrS, Cunningham said i'm ConClud-
ing. This letter was dated August j..
Al this jUncture John y. Steele. an
other OF the Morgan n-GUEgenheim repre-
Sehiatlves, was sworn, Braudefs befur
'"IhPeled frequently to question him on
points in connection with the n4cotia-
dicates ~
Reads Guggenheim Telegram.
BTandeis then read telegram from
Daniel GuEgenheim 10 Clarence Gun
ningham dated December Z, 1907. accent
inE the option Of July 90.
Inc attorney tnen reverted 10 Gun
Mugham letter OF August L 10 Daniel
- ,TuSSenhelm, IN which he stated that
iit commissioner OF the land office had
promised 90 have everything cleaned r5D
Within ninety daVS- He asked the vii
ness whether. IN the course Of his CON
EeISauons with Cunningham IN DeCern- !
Der the latter had said that tho COM
missioner had promised the Claimants
10 have patents al an early date.
Blrch declared positively that Cum
n.ngham had never mentioned the name
or the commissioner in his couversa-
u"ls. or spoke Of promises thar rhp
ONCE had made
Objects to Publicity.
Reading from documents produced nv
Steele, Brandeis brought out the fact
that Cunningham aCcOmuanipd the syn
dicate's coal expert 10 Alaska when he |
examined the thirJy-three claims. Tho
attorney then suggested that the report
or inns expert be printed In the Record
steele objected StrenuOusIy. declaring
that ne didn't want some Of the infor-
nation in that report 10 be made public |
property, although he didn't mind the
comWl'tee examining II. Il don't think
private afeairs ought 10 be made pub |
lie here ne said
We'll private affairs have been gone
into pretty thoroughly said Braudeis. /
in reply
Tt was finally decided To consider the /
matter IN executive session
Birch then related the substance 0r q /
conversation he had with Cunuingbs0 m 1
in 1905 The latter. ne said told him /
tnat he considered the option signed by !
Daniel GuEEeuheIm on December = 1907
was void. This, he explained, was be /
cause the syndicate. in changing us !
railroad teTminsl from Katalla To Cor
doya, had abrOEated their obligation {
implied IN the Ereement-which was
to build a railroad TO the coal fields
Representative Madison asked Steele i
whether there had ever been anv uotif-
cation from Cunningham that he and his
associates considered this agreement or
contract with the GugEenheimS as be-
Ing terminated
We never have received any such
notification" answered Steele. though
we have generally considered. since
early in 1908, that Cunningham and his
associates felt that the contract was
terminated"