Omaha daily bee., 1910-03-26

would convey q half interest in their coal
lands.
And Daniel Guggenheim represented the
Guggenheim syndicateT' asked Mr., Bran
deis.
Yes, SIR"
Representative Madison called attention
to the fact that at the time the agreement
was dated, several of the Cunningham
claims had not gone to entry.
Mr.. Brandeis read letter from Clarence
Cunningham to Mr.. Birch, dated May 1,
1907, in which Cunningham said he had not
been able TO make any progress, but had
called a meeting Of the claimants May 15
at Spokane, Wash, when he hoped an
agreement could be reached.
when 1 saw Cunningham in Seattle In
June" continued the witness, he said
he had been unable to get his people to-
gether. went to Alaska and remained
there ali summer"
Contract with GuRgenheim.
There was next introduced In evidence a
copy Of the minutes Of the Spokane meet
ing. which was attended by eighteen of
the thirty-three Cunningham claimants,
A. this meeting Cunningham stated that
he had been approached by a representa-
| tive Oh lu6 6uBkGHnSAAAl1 wiz NSSANu COai
for the operation Of their railroads and
smelters. The proposition which Cunning
ham outlined was for the claimants to
deed their property to a company and re-
tain half the stock in that company
the other 80 per cent of the stock to be
sold to the Gupgenheims for a sum suf-
| ficlent to equIp the mines, estimated at
100000 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 PROPOSE
l ton to him. A committee was appointed
by the claimants to look into the matter.
! Mr.. Brandeis next read copy Of the
minutes of a meeting of the claimants
held in July 16, 1907. at which Clarence
| Cunningham, Miles c. Moore and A. b.
Campbell were appointed a committee to
| negotiate with the representative of the
Guggenheims all of the other claimants
| present agreeing to ratify the action Of
the committee.
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 examine the coal property
nc 1uBHCuueliuS itoh hONAAANh cunning
ham 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. In reply Mr.. Cunning
ham wrote that the issuance Of patents
was a matter which rested with the con-
venience of the government and could not
be hurried, although he had been informed
that the commissioner OF the land office
(Mr. Balllnger) had lntimated that the mat
ter would be Cleaned up in ninety days.
GuEEenheIm Attorney sworn.
John N. Steele. attorney Of the Morgan
| Guggenheim syndicate, had been called
| upon from time to time by Mr.. Brandeis
for statements and letters while Mr.. Birch
was on the stand. 1t was suggested that
Mr.. Steele be sworn. Chairman Nelson
caused ripple Of laughter in swearing the
witness by pledging him to the truth Of
testimony already given and to be given
Following this ceremony Mr.. Brandeis read
a telegram from Daniel Guggenheim tc
Clarence Cunningham dated December Z
1907, finally accepting the proposition made
in the memorandum agreement OF July 20
\ by Messrs. Cunningham, Moore and Camp
bell on behalf Of themselves and their as
sociates. A letter from Cunningham ac-
lnowledging receipt OF the telegram was
| also put in evidence.
Mr.. Birch said that in none Of his con-
versauons with Cunningham was Ballin-
gers name mentioned or any promise re-
cited as to the action Of the commissioner
OF the land office.
Mr.. Brandeis was about to question the
witness concerning the report Of the ex-
pert sent by the Guggenheims to examine
the Cunningham claims when Mr.. Steele
protested against making the document
public He said II was a private matter,
and had nothing 20 do with any question at
issue before the committee. He was will
ing, ne said, to let the committee have the
report In confidence Further questions re-
garding the report were deferred.
Mr.. Birch testified the GuEgenheims had