Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1910-01-29
THE OT-BALLlNGER
INQUIRY GROWS LIVELlER.
CONTINUED from Page One.)

! the journal OF Clarence cunningham VI
Wallace, Idaho, the agent in the Cum
ningham claims, which contained the
| entry:
| Have agreed with w. B. Hepburn in
consideration for his services as at
torney to carry him for one claim of
| 100 acres in the coal. free or cost to
him and he agrees TO do all our legal
work in procuring titles, etc
The journal contained under date
OF 1903 an agreement among the Cum
ningham claimants to form company
each claimant to give Cunningham one
eighth of his stock in return for SER
vices rendered.
In an affidavit made subsequent to
the loss of his journal, Cunningham
| made public letter from Senator w.
B. Hepburn of Idaho, in which the SEN
ator said:
| Il do not desire to participate in or
| be introduced in any manner directly
| or indirectly, in acquiring public lands
Whatever services l may perform
properly within my duty as public
official for yourself or any other con-
stituent, I shall checrfully perform,
but not for any consideration, directly
or indirectly l do not desire any in
tereSt to be carried for me or on my
account with d view to any present or
| future profit to myself" Cunningham
preceded this letter with the state
ment:
las soon as | became aware that coal
| lands could not be taken in Alaska UNI
| der the mineral laws, Mr.. Hepburn in
| formed me in person that he could not
under said agreement
CLAWS said that Ex-Governor Miles
c. Moore, one of the Cunningham
claimants told him that there was
nothing to prevent the issuance of pa
tents and that if it had not been for
CLAWS protest the land would already
have gone to patent.
There was then offered in evidence a
letter from Clarence Cunningham dated
| at Seattle, Jan. Is, 1908, addressed to
| the register Of the land office, Juneau
Alaska in which these statements oc-
Cured:
Il am glad to know that you sent
your office copies on the Washington,
for I am advised by Gov Moore that
he is assured by the department chiefs
| that patents will be issued your forth
with on arrival of Plats unless some
reason for withholding same is adj
vanced by Special Field Agent CLAWS
which is not expected.
THE commissioner has furnished us
with copies OF all the correspondence
and kilograms relating to our entries
between the various special agents and
also with your office Up to date every
thing seems to be approved by each
special and department chief So now
our only delay will be occasioned
through failure to receive Plats ac-
cording to Judge Ballinger's advice"
CLAWS testified to an interview he
had with Mr.. Ballinger in Seattle in
the middle of March, 1908, two weeks
or so after Mr.. Ballinger had resigned
as commissioner. A letter was intro
duced showing that prior to April 1,
1908, Mr.. Ballnger had requested in
formation regarding some of the land
claims from Fred bennett, his success
SOr.
CLAWS said he knew Judge Ballinger
would be bothered by a lot of people in
Seattle as soon as he returned there
after leaving the government service
and he wanted to lay his side of the
| case before him first.
but he wasn't a government official
then" suggested CLAWS counsel.
But I regarded him as such,' re-
| piled CLAWS.
Mr.. Ballinger told, me- the witness
continued, that there has been lot
Of muck raliing and that l ought to be
careful before making specific charges
against anyone. At a subsequent in
terview with Mr.. Ballinger, l told him
Cunningham was accusing me of hav-
ing stolen his journal. He told me not
to worry that Cunningham evidently
was spreading this story to square
himself with his principals for doing
such silly thing as to give the journal
| to me-.
AS TO the Guggenheims' interest in
| the Cunningham claims. Mr.. Brandels
read letter from Field Chief Schartz
of Sept. %. 1908, which said among 9TH
| err things:
While Cunningham is strenuous in
his affidavits that they are not part
| of or bonded to the Guggenheirls it is
little peculiar that this memorandum
| book of expenses incurred should pro-
coed along from day to day with great
| detail from the inception OF the claims
| in 1902 until December. 1907. and then
close with:
The above sum was received from
| Daniel'Guggenheim in full for expense
incurred on account of the eXamina-
ton of coal lands on his account
check received $135S6 :"
CLAWS, proceeding, told of another
interview with Mr.. Ballinger in Port
| land, Ore, in October. 1905, during the
course of which the witness said Mr..
| Ballinger remarked that the Cunning
| ham claimants were in a bad fix and
asked if he (Glavisi knew of any way
| they could get title to the land.
| II told him. the witness continued,
that if the claimants would relinquish
| their claims their wives and friends
| might Tile on the land, provided they
| did so without agreement and could
| go to patent without trouble. Mr.. Bal
linger said he thought this arrange
| ment would leave the cases in the same
| fix"
Representative DENLY interrupted:
Wasn't your suggestion rather look
| ing to an evasion of the law than