The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1910-11-14
ROOSevelt'S Friend Tntimates
Ballinger Has Already Decided
Alaska Cunningham Case.
HAS NO CONFIDENCE In
INTERIOR DEPARTMENT
Asks President to Protect Pub
lie Against Morgan-Gug-
genbeim Syndicate.

WASHINGTON. Nov. 1s-Expressins
| the fear that the interior department
VIII recommend the patenting of the
Cunningham Alaskan land claims which
he believes TO be fraudulent Clifford
Pinchot, former forester OF the United
Stales, has appealed TO the president tc
allow him to submit Il brief before any
| such action is given executive approval
flnchot has written TO the president un,
der date of November T. Among othe,
things, Pinchots letter contains the fol.
lowing statements:
1T is unfortunately impossible to lool
with confidence to the officials of the
interior department for an unbiased
Judgment in this matter, and ii is clear
the protection OF the public interest In
those Alaskan coal lands must depend
directly upon the president himself
Secretary Ballingcr's connection with
| these claims, which have been before the
| interior depsKtment since he was com
missioner of tho land office, prccipitatcd
| the so-called Balllnger- Pinchot coDtro-
versy and the congressional inquiry of
the interior department and the forest
service which resulted therefrom-'
Pinchot to President.
The letter also bears the signature OF
the former foresters brother Amos
Pinchot, Following Is the text OF the
New York. November 7, 1910
The President. Washington, D. C.
Sir-The taking of testimony to de-
termine the validity of the cunningham m
claims has long since come to an end
and the recommendation of the interior
To patent or to not patent the claims
VIII be made before long. There is rea :
son TO apprehend this recommendation
VIII be favorable TO the Cunningham
claimants and adverse to the interests
Of the people of the United States.
The attorney. for Mr., Ballinger. in
the secretary OF the interior said
Moreover, an examination OF the
record or the Cunningham hearings.
and which is part OF the record in
this case, reveals not only that the
statements of Cunningham arc true,
but that the Cunningham claims are
not not Fraudulent, but honest. This is
not stated for the purpose of hav-
Ing this committee consider tho
question OF honesty or good faith Of
these claims for the purpose of de-
cision or determination 1t is stated
solely that the committee SEQ thai
no perjury could be committed by
Cunningham and that Mr. Ballinger
by no possibility, could have under
stood these claims to be fraudulent
but good and valid claims. The
evidence Of all the claimants, ex-
cept one. who is dead. has been
and Is now on file 1t shows con-
clusively that none Of the claimants
entered into an agreement prior to
location or prior to the initiation of
claims.
Ballinger's Opinion, Too.
''It is difficult TO avoid tho conclusion
that these deliberate assertions made by
the attorney for Mr.. Balllnger represent
the opinion OF the latter, reached after
the evidence was all in, that the claims
1T is true that Mr. BalIingcr has re
fused TO act himself In behalf of the
government, on the ground that he for
claimants and accordingly has Turned
over all responsibility 10 his assistants.
Nevertheless. this unqualified indorse-
ment Of the validity Of the claims
| through fjs attorney can scarcely fail To
have great moral weight with his subor-
dinates.
| For them to render decision adverse
to the claims would not only lend sun
port 70 criticisms heretofore made
against the department. but would
amount To taking direct issue with their
his personal counsel.
IN view Of these facts. it Is inpos-
| sibIe TO !ook. with confidence 10 off
cials OF the interior department for an
the interior department should be 10
patent tho Cunningham claims, no appeal
to the courts could be possible.
according TO the testimony OF repre-
scntatives Of the Morgan -Guggenheim
syndicate. vino have long asserted a
half interest in the Cunningham claims
their ultimate value Is In the neighbor-
| hood Of twenty-five million dollars, hi,i
the loss TO tho people Of the United
| States that would follow the issue OF
patents by no means is limited to any
| such sum.
Irreparable Loss to Public.
Although the government would re-
ceiye but little more than fifty thou
| sand dollars for claims worth many mil
| lions. a decision favorable to the Cum
| ningham claimants would not merely re-
suit in an unjustlfablc loss to the pub
lie at large: il also '"ould establish q
precedent which might admit to patent
other illegal claims outside OF the Gun
ningham group. TO the value OF many
millions of dollars.
| fWhilc recognize that the law I'm.
der which these patents are sought un.
| fortunately places such limitations upor
the area which can be embraced I'm an,
AlaslSan coal lands, II is nevertheless
obvious that the remedy does not lie ir
patcnting unlawful claims.
1T is of the highest Importance thai
the governments coal fields in Alaska
should not be Illegally acquired by ans
individual or syndicate. but should be
held I'm the public domain until leGjsla.
ton ia obtained which will at once pro
tect the peoples interest and provide Z
fair opportunity for development.
Because OF the attitude OF the interior
depa artment and Of the peculiar circum
stances Of this ease: Il, is clear the pro
lection Of the public interest in these
Alaskan coal lands must depend directl.
upon the president himself.
"In your letter to me OF January
1910. you said with reference TO tbs
Cunningham claims
Every patent as an
executive act Is completely within
thc jurisdiction oG the president to
direct the withholding OF il in order
| ,nir1 11H evidence