The Washington times., 1910-12-15
Representative Hitchcock
Will Introduce Bills to
Save Great Deposits.
QUESTION OF POWER
OF CONGRESS TO ACT
May Be Too Late TO Prevent
Famous Cunningham Claims
Going 10 Patent.
By JUDsoN c. WELLIvER.

VI GAAAlE sam NEd4An II coal A1la4C-a
Alaska is directly and Indirectly IN
VOWED in a measure or measures which
viii shortly be introduced fl the House
by Representative Hitchcock Of Ne
brasBa-
Mr. Hitchcock. who after Na-rh 4.
wiz be Senator from Nebraska. MS
undertaken the huge task Of saying u
coal lands OF Alaska, including not only
the famous Cunningham claims that
have been so deeply Involved IN TIE con
troversy between Secretary RaIuuger
and Clifford Plnchot, but the rest OF the
great coal deposits Of the Tar north
western territory
Conferences have been held AZ Mr.
HitchcOck's invitation BY various friends
Of the conservation movement and spe-
cialists IN Alaska affairs in the effort %
determine the proper legislation 10 ac-
complish the purpose.
Question Of. Authority.
At the outset, the very serious legal
question requires attention. whether
Congress has any power 70 save the
Cunningham claims There are thirty
I'VE OF these, at the heart Of the BehHng
river coal fields IN Alaska Before the
Senate committee on territories last
winter Messrs. Birch and Steele, repre-
senting the Alaska syndicate which IS
dominated BY the Guggenheims, admit
ted that these particular claims constl-
tUted the richest section OF that field
In answer 70 questions Il was brought
out that whatever interest controlled
this particular group OF claims and owns
the railroad from tidewater 10 this deld.
viii, IN effect, have complete monopoly
OF the entire 5ehrinE river field
Il is widely reputed and believed that
this field inc udes the most extensive
anthracite deposits as yet U1deyei0pe1-
that are known IN the world Clarence
Cunningham and others located the
tLirty-three claims that have been In
controversy. and have pressed them
10 the point where only q single step
yremains 70 be taken 70 perfect their
title This. however, Is the extremely
important step Of securing final patents
from the General Land ONCE
Under Fire Two Years.
The Cunningham claims have been
under investigation more than two
years. ard the procedure, which In
wolves them has been the most i'm
portant single feature IN the BaIlngeT-
PinchOt controversy Ar P1nchOt IN
substance charged that under Score
tary Bailinger the Interior DeparIIne
was using al its authority and nfu-
ence in the effo-t to force these claims
TO patent- Cunningham and his asso-
GATES nave sou al L--tAE A5-A-7 AA-
the claims To the Alaska syndicate, and
il was admitted by Messrs- Burke and
Steele before the senate Committee,
that Il the claims 50 70 patent they VII
be taken over by the syndicate
Back Of all the phases OF the Bal
uuger-Pinchot controversy has from the
very beginning stood an OInInous N
terroEation point the inquiry as 70
finally goins to set this TREMENDOUS
treasure ,-g
Antagonists Of Secretary Balinger
have cynicalIy insisted that, whatever
fine promises 20 conservation the Secre-
tary might make, he ultimately FotlId
ind a way 10 patent these claims SO
that they would fal into the couIIol o.
the Guggenheim syndicate
Sale to Syndicate Admitted
In the beginning Of the controversy
II was not even known certainly ina
the Cunningham grQup OF cialllSlts
had actually sold thefr interests TO the
CIaZgeuheim forces II vas charged Dy
Mr. Pinchot that there was convincing
cfrcumstantiaI evidence OF this transac-
ton but the fact that the deal hao &C
tually been made was not known be
yond uncertainty until the admission
was frankly made during the EXAMINE
ton OF MeSsrs- Burke and Steele
The Guggenheim syndicate IN ADD
ton to buying this group OF ClalIiS'
which represent ultimate eoIlsLoi S o. -
Behring coal field, owns the COPPER
River and North western raAroed.
which is being constructed from tide
water Up the Copper river 70 the coal
The road viii be considerably more
than 100 miles long. and IS now WITHIN
about eleven miles OF the Cunning nsIa
claims. according 20 the reports OF peO-
pie who have investigated the SITUATION
in Alaska recently. Within another year
il is presumed that transportation &C
tually viii have been provided, ano y
will be possible TO open the mines ana
begin moving and marketing the nun
dreds Of millions Of tons Of the WORD
finest anthracite, which the entire Pa
cifc Coast needs and demands
The question is whether there Is any
chance Of saving this vast coal field 10
the Government, TO be developed LOT
the advantage primarily Of the people,
or whether on the record that has now
been made in connection with the Gun
bingham entries. Il is too late TO pre-
vent the claims going TO patent
Would Repeal Laws
The proposal is 10 be presented, that
the coal land laws generally applicable
throughout the p1blic domain shall be
repealed so far as Alaska is concerned,
and that some plan looking 10 leasing
Alaskan coal deposits for considerable
periods. shall be substituted This
would keep the fee TO the lands in the
Government, and so far as concerns
terms and conditions on which mining
would be done THESE fOLl4 0[ AAAG-A -
the leases, in conformity with the law
But this does not embrace any assur-
ance that the Cunningham claims can
No saved. because these already have
~beer1 entered ard are well on the way 10
T-qtent under the present laws and the
question arises, whether rights have
vested which can now be set aside By
new law.
one proposal is that the Government
shall annuI al proceedings in these
claims to this time, pay back the money
that has been paid 20 & by the entry
men. and resume control OF the land
but II is by no means certain this would
be legal Precedents are being inves-
tfeated. and IL is believed that Il VIII
be found that there are cases IN which
the Government has practically done
this.
1t is claimed. in short. that no right
vests in q piece Of Government land.
which is fndefeasIbIe. until the patent
actually issues. II such right does be-
come established before the patent is
sues. why need there be any patent
at all. is the argument advanced. In
several cases II is said the Government
actually has taken this position and
made It hold good