Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1910-03-25

der which the claimants would convey
a haf Interest boo their coal lands
and Daniel Gusgcuheim represent
cd the Guggenheim syndicate
asked Nh Bandie-
eyes. sir'
Representative Madison called atteu-
ton 20 the fact that at the time the
agreement was dated several Cunning
ham claims had not gone Goo entry
Mr. Brandcis read % letter from Dlar-
ence Cunningham Too AIR. Birch dated
May D. 1907 Zoo which Cunningham said
ho had not been able 90 make any
progress. but had called % meeting OF
the claimants May at spokane wash.
when he hoped am agreement could be
reached
when I saw Cunningham in Seattle
ln june. continued the witness. ne
said he had been unable 90 get bis
people together. i went to Alaska ana
remained there an summer
There was next introduced Doc cvi-
dcucc copy of the minutes Of The
Spokane meeting which was attended
10y Us OF the 1888 Cunningham claim
ants AT this meeting Cunningham
said he had been approached by "a rep
resoutatiye OF On. GuEEcuhoims who
desired coal Tor the operation of their
roads and smcltCls The proposition
which Cunningham outlined was for
the claimants CO. deed their property
90 "a company aud retain half the stock
800 that company the other 80 per
cent OF the stock to be sold tn the
Gurgcuhcims for 90 sum sufficient to
equip the mines, estimated at 100000
Tho Guggenhc.ms We're to mine the
coal and pay 90 royalty of 3 cents a
ton S. w. Eoclcs Mr. Guggenheim
said. was the man who had made DO"
a riHH =
appointed by the claimants To- look into
the matter
Mr. Braudels next read copy OF
the minutes of meeting of the claim
ants held july lt 1901 1t which Clar-
eucc Cunningham. Miles g. Moore and
a Is Campbell were appointed
committee to negotiate with the rep.
rcsentatiye of the Gusgenhsims, all cot
the other claimants present agreeing Co
ratfy the action OF the committee
Under date of AUG Dc. 1901 tareuC.
Cunningham wrote to Daniel Guggcn-
holm. thanking him for the promptuess
with which he had taken the matter
up and saying be- would sail within two
hours with a representative of the SYM
dwicatc Go inspect and examine tho
coal property.
The Gugrenheims mad notified Cum
ningham that they had been advised
by counsel not Co purchase the claims
Iu their incompleted state. and had re-
uuested that The patents be- hurried.
Washington March 25--ln reply
Mr cunningham wrote that the 1s-
-uancr OF patents WAS "a matter rc-i-
ing with the convenience of the goN-
erumcnt and could not be hurried. ale
though ho had been informed that the
commissioner Of the land office tMr
Ballingerl had intimatcd that the
matter would AN be cleaned up in
go days.
John n. steele. attorney of the
Morgan Guggeuhcim syndicate hao
been called uppn from time to- time
hy Mr. Rraudeis for statements and
letters while Atr. Birch was question
ed n was suggested that Mr. steele
De sworn Chairman Nelson caused
laughter in swearing the witness ol
pledging him 90 tho truth Of testi-
monv already given and to De given '
TELEGRAM FROM GUGGENHEIM
Following this ceremony, MT lsran-
deis read telegram from
Daniel Guggenheim 90 Clarence
Cunningham dated Dec g. 1907. final
Is accepting the proposition made ln
the memorandum agreement Of July
co." by Messrs Cunningham, Moore
and Campbell ON behalf ~ themselves
and their associates. A letter from
Cunningham acknowledging receipt OF
the telegram was also put In evidence.
Mr. Birch said that in none of his
conversations with Cunningham was
Bslungcr's name mentioned OF any
promise recited ms to the action ~ the
commissioner Of the land office.
Mr. Rrandeis was about 90 question
the witness concerning the report or
the expert sent boy the Guggenheims
To examine the Cunningham claims
when Mr steele protested against
making the document public he said
IL was q private matter and had moth
ing 90 do with any questions 40 Is
sue before the committee re was will-
ing. he said. 90 lCt the committee
have the report in confidence Further
questions regarding the report were
deferred
Mr. Birch testified chat the Gug-
genheims had projected railroad
from Cataua To- the coal lands Later
they changed their plans Goo build
from Cordoys Co the copper fields.
When Cunningham heard of TINS
change early Zoo 1905. he told Birch
that the agreement had been violat-
ed. that 20 was mo- longer binding ana
would not bo lived un Co.
The witness said no did not consider
the change OF plans violation or The
agreement az the Cunningham claim
ants had done nothing on their Side
OF the contract. they had not formed
a company or placed any deeds In es-
crow So from the time of accepting
the agreement Co the present day no
action has been taken under the agree
meut The witness was questioned as
90 the cost and amount of railroad con-
structI0u done by tho Alaska syndicate
He said 70 always was the plan To- build
"a road which would tap both the cop
Der mines and the coal fields
"If the coal had not been there, we
would not have gone said Mr. Birch
Nh steele here was asked whether
or not there had been O. formal nnthou-
ton by Cunningham 90 the syndicate
that the agreement bad been forfeit
ed Tie declared there had not
JOINT WITNESSES
throughout the giving of testimony
as 90 the GuCeouheims. Messrs. Birch
and steele acted as sort OF Joint Wit
nesses MT steele said ho did not rec
gard the syndicate.s purpose ~ build
road as binding and therefore said
he did not consider the agreement yiu-
lated
At this point the luncheon recess was
ordered