The San Francisco call., 1910-11-14
PINCHOT ASKS
TAFT TO CHECK
ALASKA FRAUD
Former Forester Fears Interior
Department Will Sanction
Coal Land Patents
President Appealed TO in Effort
70 Hold Up Approval of the
Cunningham Claims

N ASHIAGTON, Nov 13-EXpressing
The fear that the interior department
Will recommend the patenting Of the
Cunningham Alaskan coal land claims,
which he believes to be fraudulent.
Clifford Pinchot. former forester Of the
United States. has appealed to the pres
ident TO allow him 10 submit a brief
before any such action is given execu-
rive approval
Pinchot has written to the president
under date of November Z. He says in
part:
Tt unfortunately impossible TO
look with confidence to the officials
OF the interior department for an un-
biased Judgment in this matter, and it
IS clear the protection Of the public
interest in these Alaskan coal lands
must depend directly upon the presi-
dent himself.
BALLENGER'S CONNECTION
Secretary Ballinger's connection with
these claims. which have been before
the interior department since he was
commissioner OF the land office, precipi-
tated the so called Ballinger- -Pinchot
controversy and the congressional in
quiry OF. the interior department and
the forest service which resulted there
from"
The letter also bears the signature of
the former foresters brother. Amos
Pinchot- Following is the text Of the
letter
The President, Washington. u. c.
Sir; The taking Of testimony to deter
mine the validity OF the Cunningham
claims has long since come to an end.
and, with the recommendation of the
interior department TO patent or not to
patent the claims, doubtless will be
made before long. There is reason 10
apprehend this recommendation favor
able 10 the Cunningham claimants and
adverse TO the interests of the people
OF the United States.
BRIEF DENIES FRAUD
The attorney for Mr. Ballinger in
The printed brief submitted in behalf of
the secretary Of the interior said:
Moreover. an eXamina tion of the
record Of the Cunningham hearings.
and which is q part Of the record in this
case, reveals not only that the state
ments Of Cunningham are true. but that
the Cunningham claims are not fraudu-
lent, but honest
This is not stated for the purpose
OF having this committee consider the
question Of honesty or good faith Of
these claims for the purpose Of decision
or determination. II is stated solely
that the committee see that no perjury
could be committed by Cunningham.
and that AIr. BaIlinser by no possibility
could have understood these claims TO
be fraudulent. for the reason that. as
matter Of fact they were not fra udu-
lent 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 conclusively that
none Of the claimants entered into an
agreement prior to location or prior to
the initiation of the entry for consoli-
dation Of their claims
LEFT TO SUBORDINATEs
1T is difficult to avoid the conclusion
that these deliberate assertions made
by the attorney for Mr.. Ballinger rep
resent the opinion Of the latter reach
ed after the evidence was all in that
the claims are valid and should be
patented.
1T is true that Mr. Ballinger refus-
ed TO act himself in behalf of the gov
eminent. on the ground that he former
ly represented the Cunningham claim
ants. and accordingly has turned over
al responsibility TO his assistants
Nevertheless. this unqualified indorse-
meEt Of the validity Of the claims
through his attorney can scarcely fail
10 have great moral weight with his
Subordinstes
For them to render a decision ad-
verse to the claim would not only lend
support TO criticism heretofore made
Eainst the department but would
amount to taking direct issue with
their chief on the argument made for
him by his personal counsel.
No APPEAL POSSIBLE
In view Of these facts it is irnpos
sible 10 look with confidence to the
officials Of the interior department for
an unbiased judgment II the decision
OF the interior department should be
70 patent the Cunningham claims. no
appeal to the courts could be possible
According to the testimony of repre-
sentatives Of the Morgan -Guggenheim
syndicate which has long asserted a
half interest in the Cunningham claims
their ultimate value is in the neigh
borhOd Of $25.0O0,0 900; but the loss to
The people of the United States that
would follow the issue of patents bv
no means is limited to any such sum
Although the government would receive
but little more than $50, 200 for claims
worth many millions. a decision favor
able 10 the Cunningham claimants
would not merely result in an unjustif-
able loss TO the public at large It
also would establish a precedent which
might admit TO patent other illegal
claims outside of the Cunningham
group. 70 the value OF many millions
OF dollars.
REMEDY NOT IN PATENTING
While we recognize that the law
under which these patents are sought
unfortunately places such limitations
upon the area which can be embraced
in any one entry as to hinder develop
ment Of Alaskan coal lands. it is
nevertheless obvious that the remedy
does not lie in patenting unlawful
cla inns.
1T is Of the highest Importance that
the governments coal fields in Alaska
should not be illegally acquired by any
individual or syndicate. but should be
held in the public domain until legis-
lation is obtained which viii at once
protect the peoples interests and pro-
vide q fair opportunity for develop
ment.
Because OF the attitude of the in
terror department and Of the peculiar
circumstances of this case. it is clear
the protection Of the public interest
in these Alaskan coal lands must de-
pend directly upon the president him
self
I'm your letter 10 me of January {.
1870, you said. with reference TO the
Cunningham claims:
80 Every patent as an ex-