Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1910-11-14
Declares Executive Alone Should Act
Upon These Cases.
TFERs BAILNGER PRE-JUDeED
Thinks Secretary Has Actually De-
oided to Invalidate Them.
BAILMsER TO TRANSFER CASES
Offfoiai Tauuea statement in which
ne says win Ask Congress 70
Send whole Matter 20 Court
of Appeals.


wAsHNGTON. Nov. l2-Expressing the
fear that the Interior department will
recommend the patenting OF the Cunning
ham Alaskan coal land claims which he
believes to be fraudulent, Clifford Pinchot
former forester OF the United States, has
appeaied 20 the president to allow him to
submit a brief before any such action is
given executive approval.
MIR. Pinchot writing to the president
under date OF November T. says in part
1T is unfortunately impossible 10 look
with confidence 10 tho officials OF the
Interior department for an unbiased judg-
ment IN this matter. and Il IL clear the
protection OF the public interest in these
ALASKAN coal lands must depend directly
upon the president himself"
Secretary Ballinger's connection with
these claims, which have been before the
Interior department since he was commits
sioner OF the land office. preoipitated the
so-catled BallinEer-Pinchot controversy and
the congressional inquiry OF the Interior
department Of the forest service which re-
suited therefrom.
The letter also bears the signature of the
former forester's brother, Amos Pinchot.
Text of Letter.
Following IS the text Of the letter;
NEW YORK. Nov. THE President,
Washington. y. C.-sir. The taking Of
testimony to determine the validity Of the
Cunningham claims has long since come to
an end and the recommendation Of the
Interior department TO patent or not to
patent the claims doubtless will be made
before long There 10 reason to apprehend
This recommendation viii be favorable to
the Cunningham claimants and adverse to
the interests Of the people Of the United
states
yThs attorney for Mr. Bsllinger in the
printed brief submitted In behalf Of the
secretary OF the interior said
Moreover an examination Of the rec
ora o. the Cnnninehaniih hearings. and which
II part OF the record in this case. re-
vcais not only that the statements Of cum
ninnham are true but that the Cunning
ham claims are not fraudulent but honest
This Is not stated for tho purpose OF hav-
ing this committee consider the question
OF the honesty or good faith OF these claims
for the purpose OF decision or determina-
ton, - stated solely that the committee
rec no perjruy could be committed by
Cunningham and that Mr.. Bainger, by no
possibility could have understood these
claims to be fraudulent for the reason
that as a matter OF fact, they were not
fraudulent but good and valid claims.
Tile evidence Of all the claimants, except
one who is dead, has been taken In the
Cunningham hearings and is now on file.
II shows conclusively that none OF the
claimants entered into an agreement prior
70 location or prior to the initiation OF
entry for consolidation OF their claims
Opinion ON validity.
IT Is difficult 20 avoidNthe conclusion
that these deliberate assertions made by
the attorney for Mr. Ballihger represent
the opinion OF the latter, reached after
the evidence was all in that the claims are
valid and should be patented.
1T Is true that Mr.. Bannger has re-
fused to act himself IN behalf OF the gov
Crnment on the ground that he formerly
represented the Cunningham claimants,
and accOrdinly has turned over all respon-
Bibtity TO his assistants. Nevertheless,
this unqualified endorsement OF the valid
lty OF the claims throuh his attorney can
scarcely fail 10 have reat moral weihi
with his subordinates.
For them 20 render decision adverse
% the claims would not only lend support
30 criticisms heretofore made against the
department. but would amount 90 takine
direct issue with their chief on the argu-
ment made FOR him by his personal coun-
vi.
20 look with confidence TO officials OF ths
Interior department for an unbiased iudg
mont II the decision Of the Interior de
partment should be 90 patent the Cunning
ham claims, no appeal 20 the courts woulc
be possible.
Possible Value 90 Property.
81 According 10 the testimony Of the Nor
gan n-Guggenheim syndicate who have loni
asserted a half interest In the Cunninghan
olairns. theit ultimate value IS in the neigh
borhood OF S25Oco00 hut the loss 10 th
people OF the United States would follow
the issue OF patents hy no means nmite,
10 any such sum
Although tho government would receiv
but little more than $4,000 for claims WORT
many millions. a decision favorable TO tn
Cunningham claimants would not merel
result IN an uniusuilable loss to the publ
a. large. 10 would also establish
precedent which might admit 10 paten
other Illegal claims outside OF the CUNNING
ham group to the value Of many million
OF dollars
while we recogrize that the law unde
which these patents are sought unfOl
tunately places such limitations upon n
area which can De embraced I'm any on
entry as TO hinder development OF Alaska
coal lands, is a. nevertheless. obvious una
the remedy doe not He IN patenting unlav
ful claims
IL is OF the highest Importance that al
Eovernmenrs coal fields IN Alaska shoul
not De Illegally acquired by any individu,
or Fyndioate but should be held IN a
public domuin until legislation IS obtane
which Win az once protect the peoples il
terest ana provide a fair opportunity {,
development
Appeals 90 President.
because OF the attitude of the Iuteri,
department and because OF the pecuns
circpmstances Of this case. it is clear n
proteotion of the public interest IN the.
f-,,.tt...s - -, -,