The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1911-01-02
P|NCHOT FLAYS
. GUGGENHE|MCO.
Former Forester Asks President
to Cancel Coal Land
Claims.
SEES PLOT TO M0NOP0LIZE
FUEL LANDS in ALASKA
Competition Already Crushed
by Syndicate, Says RoOse-
welt AppOintee.

WASHINGTON, Jan. 1.-Presldent
Taft was appealed to today by former
Forester Clifford PInchot and his broth
er. Amos Pinchot. TO cancel Immediately
without further hearing, the so-called
Cunningham Alaskan coal claims.
In a voluminous brief filed with the
president. in accordance with permis-
sion given in a letter written to them
by Secretary Norton on November 80.
Mr.. Pinchot and his brother contend that
the record in the case ''abundantly
proves that the claims are illegal and
that from the beginning the claimants
have .comspircd TO defraud the govern
ment.' The brief says that resort TO a
court for rebearing OF the case Is
necessary TO secure justice and protect
the peoples property.
The brief continues: The case against
the claimants is already conclusive. We
believe the duty OF the executive in re-
gard To the claims is obvious and i'm
mediate. The claims should be cancelled
by the president forthwith"
No transfer OF the Cunningham cases
TO court for n decision upon the pres
ent record would relieve the executive
department of responsibility for failure
10 have the case against the claimants
fully presented by attorneys OF expert
ence and ability and for omittlng to pro-
duce all the evidence Of fraud available
declares tie brief after charging that
In spite Of the clcarness of the exist
ing proof we believe II to be our public
duty TO point out that the whole OF the
case against the claimants has not been
presented"
Denounces Guggenheims
The evidence In this case goes much
further than 10 establish the fraud OF
attempting by subtcrfuge 70 acquire from
the government more coal land TRAN the
law allows Iteshows that from the be-
ginning the claimants acted with the
definite and sustained intention OF defeat
Ing the purpose and essential spirit of the
law-the spirit and purpose TO prevent
opment OF the nations resources"
Regarding the effect OF monopoly in
Alaska. the brief says:
1T is evident that an enormous saw
ing can be made TO the people of Alaska.
to the whole northwest and to the United
States navy IL only these coal mines are
opened. under conditions OF competition.
1t charges that ''the industries OF Alaska
have been for years largely I'm the hands
OF a great and oppressive monopoly, the
Guggenheim syndicate. which has kept
out other capital. throttled competition
and held Alaska at standstill"
The brief recites that the case for the
govaSnment is supported by five main
lines OF evidence, as follows:
"Frst-The history OF the operations
OF the Cunningham entrymen in Alaska
ms derived from their own records and
statements, shows that from the begin
ming TO the end. they were all members
qurnG a joint property and that the
claimants never owned these claims sep
arately.
Points Out Evidence.
"Second-Thc book OF accounts OF the
Cunningham group and the reports made
| by lis agents are all evidently based on
| the assumption that all the claims are
one property. owned by one association.
| "Third-From first TO last. the sub
scribers took no interest whatever In the
| situation or value OF particular claims
entered In their respective names.
>Fourth-Withn the short time prac-
| ticable after final certificates were is
sued the Cunningham associates took
steps TO turn over their claims to a cor
| poration on a basis Of equal shares.
| "Flftb-Morc than one half the claim :
| ants have admitted In afidavits that
| they had always acted with a mutual
| understanding that they would combine
| their claims after titles We're secured
| and one so confessed at the hea rings"
Discussing the charge that important
| evidence against the claimants was sup
pressed by land office agents. the brief
SAYS.
John w. Dudley. registrar of the land
office AT Juneau. Alaska, one OF these
agents went so far as to advise Cum
| nlngham specifically how one OF the
claimants. who had told tho truth In
his affidavit should change his state
| ment so as TO strike out evidence ot
| fraud and avoid investigation which
would at least Involve an interminabe