Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1910-11-14

washington, NOV. lo.-EApIeSS!HS
the fear that the interior department
will recommend the patenting of the
| Cunningham Alaskan coal claims
which he believes to be fraudulent,
| Clifford Pinchot, former forester OF the
United States, has appealed 70 the
President TO allow him to submit
brief before any such action is gwen
| executive approval.
Mr.. Pinchot has written a letter to
tie President under date of Nov Z,
hich also bears the signature OF
the former foresters brother, Amos
Pinchot. 1t was given out tonight by
Mr.. Pinchot for publication. Follow
ing is the text of the letter:
| "Sir:-Th taking of testimony to
determine the validity of the Cum
ningham claims has long since come
to an end and the recommendation Of
the interior department to patent or
rot to patent the claims will doubtless
be made before long. There is reason
to apprenend that this recommends
ton will be favorable to the Cunning
ham claimants and adverse to the in
terests Of the people of the United
States The attorney for Mr.. Balm
behalf Of the secretary of the interior
said:
| Moreover, an examination of the
record of the Cunningham hearings
and which is q part of the record in
this case reveals not only that the
statements of Cunningham are true.
but that the Cunningham claims are
not fraudulent. but honest claims.
This is not stated for the purpose Of
decision or determination, it is stated
solely that the committee may sec
that no perjury could be committed by
Cunningham and that Mr.. Ballinger.
by no possibility could have under
stood these claims to be fraudulent for
the reason that, as matter of fact.
they were not fraudulent, but good
and valid claims The evidence Of all
the claimants, except one who is dead.
has been taken in the Cunningham
hearings and is now on file. It shows
co1clusively that none of the claim
ants entered into an agreement prior
to location or prior to the initiation
to entry for consolidation of their
claims. It is difficult to avoid the
conclusion that these deliberate as
sertions made by the attorney for Mr..
Ballinger represent the opinion of the
latter, reached after the evidence was
all in that the claims are valid and
should be patented
ut is true that Mr.. Ballinger has re-
fused to act himself in behalf of the
government on the ground that he for
merly represented the Cunningham
claimants and accordingly has turned
| ;l,;J III. icta nj.
Nevertheless this unqualified endorse
ment of the validity of the claims
through his attorney can scarcely fail to
have great moral weight with his subor-
dnates For them to render a decision
adverse to the claims would not only lend
support to criticisms heretofore made
against the department, but Woul''
amount to taking direct issue with thelf
chief on the argument made for him by
his personal counsel.
I'm view of these facts, it is unfortu-
nately impossible to look with commence
to officials of the interior department 1oi
an unbiased Judgment. If the decision oil
the interior department should be to pa
tent the Cunningham claims no appeal &c
| the courts would be possible. AccOrdlne
to the testimony of representatives of th'
rgan-Guggenhem syndicate. who nave
long asserted a half interest in the Gun
ningham claims, their ultimate value is
in the neighborhood of $25,OOOUo but inc
loss to the people of the United state
which would follow the issue of patent L
, bv no means limited to any such sum
Although the government would receive
but little more than $4,000 for clam!
worth many missions, decision FAVOR
able to the Cunningham claimants Woui'
not merely result in an unjustifiable ios'
to the public at large. 1t would also es
tablish a precedent which might admit u
patent other illegal claims outside OF th'
| CUNNINGHAM group amounting to many
millions of dollars.
while we recognize that the law un
der which these patents are sought uh
fortunately places such limitations upol
| the area which can be embraced in an!
one entry as to hinder in development
Of Alaskan coal lands, it is nevertheless
obvious that the remedy does not la!
in patenting unlawful claims. 1t is o
the highest Importance that the govern
ment's coal fields in Alaska should no
be illegally acquired by any individual
or~syndicate, but should be held in tn
public domain mntil legislation is OBJ
tanned which will at once protect tn
peoples interest and provide a fair op
portunity for development.
Because of the attitude of the interio
department and of the peculiar circum
stances of the case, it is clear that tn
protection Of the public interests i
these Alaskan coal lands must Deepen
directly upon the President himself
I'm your letter to me of Jan. 7, 1910, 70
said, with reference to the cunningham
Claims:
= Every patent a
an executive act is completely within TIL
jurisdiction of the President to diree