The Washington herald., 1911-01-02

COAL LAND FRAUDS
Brief of Cunningham Cases
Presented to Taft.
MUCH OF EVIDENCE Is OLD
Brothers Charge Alaskan Claimants
Made an Unlawful Agreement
Among Themselves to Defeat Pro-
visions of Statutes and Acquire for
Monopoly Area of $3.50 Acres.

Clifford Pinchot made public last night
the brief he and his brother. Amos. have
presented to President Taft IN the Cum
ningham coal land cases. The brief is
10000 words in length. and reviews the
history of what Pinchot declares is a
fraudulent plaa to acquire for a single
association public coal lands in Alaska
greatly in excess of the amount allowed
by law According to the brief. the
area involved is about $3.50 acres, and the
coal is estimated to be worth at least
$25.o00000
THAT the Cunningham claimants" says
the brief. '.if they secure patents. will
be in a position to establish. in conju1c-
tion with J. P. Morgan & Co. and the
Guggenheim Exploration Company. a vir-
tual monopoly of coal production in
Alaska is clear from consideration of
actual conditions as they exist in
Alaska"
Case Before Taft.
The Pinchot brothers asked permission
several weeks ago to present a brief on
the Cunningham case, before the Presi-
dent should approve the expected recon-
mendations of Secretary of the Interior
Ballinger that the Cunningham claims be
validated. Mr. Ballinger has not. how
ever, approved the Cunningham claims.
but has turned the case over 70 Presi-
dent Taft with the recommendation that
it be put up to the Court of Appeals
Of the District for approval or disap-
proval. The Pinchot brief was filed,
nevertheless, for the Presidents informa-
tion.
Much of the evidence presented in the
brief is old. The Pinchot brothers charge
claimants
agreement among themselves to defeat
the provisions of the United States
statutes limiting the holdings Of any one
claimant to 16O acres. or any associa-
ton to $40 acres.
Each. according to the Pinchots. was
to swear that he had made entry for his
own sole use, when. as n matter of fact,
all understood that after title was Sc
cured their interests should be consOi-
dated. The claimants, the brief says, de-
sign to secure a monopoly of the coal
Of Alaska.
Presidents Duty Told.
Under a subhead in black type. read
ing, The responsibility of the Execu-
tive" the brief plainly tells Mr.. Taft what
the brothers consider his duty in this
case.
I'VE believe" say the Pinchots. that
the duty of the Executive in regard to
the Cunningham claims is obvious and
immediate. The record. in our judgment,
abundantly proves that the claims are
illegal, and that from the beginning the
claimants have conspired to defraud the
government. No resort to a court or a
rehearing of the case is necessary to Sc
cure justice and protect the peoples
property. The case against the claimants
is already conclusive. The claims should
be Cancelled by the President
In accordance with the suggestion con-
tained in his recent annual report Secre-
tary Ballinger has forwarded to the Sem
ate and House Public Lands commit
tees a draft Of the proposed legisla-
ton transferring to the Court of Appeals
of the District for adjudication as to their
merits the group of thirty-three Alaska
coal claims, known as the Cunningham
cases.
The legislation proposed by Secretary
Ballinger provides for the immediate GER
tification Of the record to the court. 1t
provides that the court may proceed to
try the cases de novo-that is, il may
disregard the case as made by the Cen
eral Land Office and take new evidence
if it deems such course necessary to ar
rive at a proper decision. The Attorney
General is to appear and represent the
interests of the government.
This is the group of claims that has
been attacked by Clifford Pinchot