The Evening standard. [volume] (Ogden City, Utah) 1910-1913, 1910-11-14
PINCHOT
PPEALS TO
PRESIDENT

WASHINGTON. Nov. 13.-Exprcss-
Ing the fear that the interior depart
mcnt will recommend the pAtenting
| OF the Cunningham Alaskan land
claims which he believes to be fraud
ulcnt, Giford Pnchot ormcT orcster
o the United States, has appealed 10
the president to allow him 10 submit
brief before any such action Is given
| executive approval
Mr. Pinchot has written to the
president under date of November l.
He says In part.
No Confidence in officials.
1t is 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 pub
lie interest IN these Alaskan coal
! lands must depend directly upon the
president himself
Secretary Ballinger's connection
whit these claims. which have been
before the interior department since
he was commissioner OF the land Of
flee. preclpitated the socnllcd Bal
! linger- -Pinchot controversy, and the
| congressional luuulII VI lut lu'tll'i
department and the first service
which resulted therefrom."
The letter also bears the signature
Of the former toresters brother Amos
| Pipchot
Text Of the Letter
Following In the text of the letter:
New York. Nov. 10. 1910.
The President. Washington, d c.
10
determine the yalidhy OF the Cunning
ham claims has long since come to
an end and with the recommendation
OF the interior department to patent
or to not patent the claims doubtless
will be made before long. There Is
reason TO apprehend this reconmen
dalton will be favorable to the Gun
ning CHAM claimants and adverse TO the
interests of the pople of the United
States
The attorney for Mr Ballinger in
the printed brief submitted in behalf
of the secretary OF the interior, said
Moreover, an examination of the
record Of the Cunningham hearings
and which is a part of the record IN
this car. reveals not only that the
statements OF Cunningham are true
but that the Cunningham claims are
not fraudulent, but honest
Not Question OF Honesty.
This is not stated ror the purpose
OF having this committee consider the
question OF honesty or good faith o
these claims. for the purpose of de
cision or determination. II is stated
soley that the committee sec that NJ
perjury could be committed by Gun
ningham and that Mr.. Balllnger by NJ
possibility sould have understood
these claims to the fraudulent for the
reason that as a matter Of fact they
were not fraudulent, but good anc
, valid claims.
The evidence of all the claimants
. except one who Is dead. has been Ia
; ken in the Cunningham hearing anC
Is now on file. 1t shows conclUsiyel
, that none of the claimants entered
into an agreement prior 10 location
, or prior to the initiation OF the entry
for consolidating OF their claims"
Represents eaIIinscr's opinion.
1T is difficult to avoid the conclu
sion that these deliberate assertion;
made by the attorney for Mr.. Bal
lnger represent the opinion of thu
latter. reached after the evidence wa
all in that the claims are valid anC
should be patented.
"It Is true that Mr. Ballinger has re
fused 10 act himself in behalf of tn,
government. on the ground that h,
formerly represented the Cunningham
claimants and accordingly has turne,
over ell responsibility TO his associ
r ates. Nevertheless, this unqualified
endorsement of the validity of th'
; claims through his attorney cal
scarcely fail to have great mora
, weight with his subordlnates.
= Would Lend Support to Criticisms
, For them TO render n decision ad
1 verse TO the claims would not onl.
lend support To criticisms heretofor
, made against the department. bu
\ would amount TO taking direct Issue
[ with their chief on the argument mad
3 for him by his personal counsel.
In view OF these facts, 1t is i'm
possible to look with confidence u
y officials OF the interior department 70
an unbiased judgment If the dec
4 sion of the interior department shoul'
be TO patent tho Cunningham claims
no appeal to the courts could be pos
sibe.
: Value Of S25,ooo.oo
According TO the testimony q
representatives Of the Morgan Eug
genhelm syndicate, who have long rs
serted half interest In the CUNNING
ham claims. their ultimate value
In tho nciehborhood OF $25, 5,O00p0C
but the loss to the people of the Un
ted States that would follow the issu
OF patents by no means Is limited {
any such sum Although the govern
ment would receive but little NOR
than fifty thousand dollars for claim
Z worth many millions. a decision fnN
= orable TO the Cunningham claimant
l. would not merely result In an unjust
e fable loss to the public at large.
. also would establish precedcn
u which might admit TO patent othc
d inegal claims outside OF the Cunn'nl
d ham group. TO the value of man
J. millions of dollars.
While We recognize that the In
e under which these patents are sough
J. unfortunately places such limitation
X upon the area which can he embrace
Il In any one entry as 10 binder develoI
9 ment OF Alaskan coal lands, II
IS nevertheless obvious that the remed
L does not lie In patentinG unlawfl
j. claims.
n should Protect Coal Fields.
e 1T Is OF the highest importanc
j. that the governments coal fields !
e. Alaska should not be illegally acpui
n cd ty anv individual or syndicate
e but should be held in the public d.