The Salt Lake herald-Republican. [volume] (Salt Lake City, Utah) 1909-1918, 1910-05-02
ALASKA COAL CASES.


the United States, makes an appeal for
fair play in a recent issue of the En-
cheering and Mining Journal Mr..
Wincheu is one of the Cunningham
claimants, is conveFsant with the land
laws the coal districts in Alaska, and
particularly the group in which he is
interested.
The article of Mr.. Winchen sheds
new light on the Ballinger-Pincfo ct con-
troversy. He quotes the law under
which the locations were made, gives
the names of substantial citizens who
employed Clarence Cunningham, and
gives a complete history Of the whole
transaction.
1t appears that the law under which
the entries were made was complied
with in every respect; that Secretary
Garfield refused to allow patents to be
issued until the law was modified; that
the claimants stood upon their rights
and refused patents after new law
had been passed; that the patents have
never been issued
Mr.. WinchelI shows that the existing
law was set aside by Secretary Garfield
without the least cOmpunctiOn or re-
gard for the rights of men who had
put up their good money to acquire
coal claims in Alaska, men who had
no intention of violating the law and
who did not violate it. He gives the
history of the connection of Secretary
BaIlinger with the claimants and ex-
plodes the story that the Guggenheims
were to get the lands when patents
were issued.
Attention is paid to CLAWS and all
others connected with the case, and Mr..
Winchen makes the following sum-
mary:
although there has been for six
years a law specifically providing for
the location and sale of coal lands in
Alaska at SO per acre, there has not
as vet been one acre patented.
Instead of controlling all the coal
lands in Alaska, the Cunningham
claims comprise only $500 acres
Omitted States geological survey esti-
mates about 10000 acres in this particu-
lar field, and many times as much in
other Alaskan felds).
"The Guggenheims have no interest
in the Cunningham claims, and negou-
atoms looking to that end fell through
almost Immediately.
THE Cunningham claims were not
located by dummies, but by respectable
citizens under the law.
IF justice is rendered they viii prob
ably be the first Alaskan coal lands
patented and developed
THE interests OF Alaska, Of the Pa
cific coast and of the general govern
ment require the opening of coal mines
in Alaska. The policy of obstruction
and delay has already resulted in
dwindling of population and the stag
nation of enterprise and all kinds of
development.
conservation does not mean obstruc-
ton and positive violation of the laws
in force. In so far as it does it is not
sound nor to be commended and prac-
ticed"
The hue and cry raised Immediately
after Mr.. Baninger became secretary
of the interior was entirely owing to
the fact that he proposed to be guided
by the law as he found il. He knew
that an attempt had been made to
make the law of 1908 retroactive, and
had no sympathy with the men who
tried to conduct the business of the
government in that manner. Hence
war was made upon the new secretary
In order TO bolster up the actions of
his predecessor.
Now that the undertaking has pro-
ceeded to the extreme limit it is time
for the people of the country to calmly
analyze all the facts brought out and
render Judgment. 1t is the purpose Of
the so-called prosecution" to appeal
70 the people in case the verdict goes
against them. That the committee viii
exonerate Secretary Ballinger there
can be no doubt. The evidence not
only warrants such action, but con-
dennis his accusers.
Another thing 1t has been shown
that instead of enforcing the laws I'M
der the constitution. high government
officials have been in the habit of an
nuIling these laws whenever it suited
their whims, and we have been drift
Ing IN the direction o. an aO'OSiaSS-
1t is time the seal of condemnation was
put upon that practice
In President Taft we have an execu-
tive who is striving to perform his du-
ties in accordance with his oath Of Of
fee. Knowing the law. he viii enforce
it, But he viii not take a single step
beyond the authority expressly given
him The effort to strike down Secre-
tary Ballinger is an attempt TO wreck
the administration of President Taft.
In effect it is an attack upon our re-
publican form of government We
fancy the people of the country are not |
ready to abandon the constitution |
framed by the fathers.