Evening star. [volume] (Washington, D.C.) 1854-1972, 1911-07-10
4 the alleged letter from Ryan

copy of the alleged letter from Ryan
to Ballinger.
Commissioner bennett was examined by
W. P. FenneH. counsel for the commit
tee. Mr. Fennell asked II the Cunning
ham coal land claims had not been dis
cussed before the Controller bay land was
opened to entry under executive ORDER.
They were under investigation" said
Mr.. bennett.
amy one could Initiate claims for coal
lands. but not for the Controller bay
lands?"
Withdrawal Of the Land.
Mr. bennett replied that the Controller
bay lands had been withdrawn in 1907.
Just prior to the start Of the Cunning
ham CASE said Mr.. Fennell, ''the Con-
troller bay lands had been withdrawn and
were in the power Of the President?'
Yes"
Mr. bennett testified that the execu-
tive order regarding the opening OF the
Controller bay lands had not been held
up by the Interior Department. He said
the proclamation making the order enec-
tive was signed in his office october 20
printed copies received flve days later
and on the next day sent to the register
of the general land office at Juneau, Alas
ka, to be posted and made pubic there III
the customary way.
Ignorant of the Letter.
Commissioner bennett testified that he
knew nothing-and wouldn't necessarily,
anyway-of the letter already referred TO
from Ryan to Ballinger, signed Dick
and addressed to Dick relating to
Charles P. Taft's alleged appeal to the
President in the Controller bay matter.
He explained that the land commission
er's Office is distinct from the Secretary
office.
asked Mr.. bennett to furnish copies of all
kilograms and correspondence regarding
the Controller bay claims and the report
dealing with the surveys made there
Mr.. Graham asked whether legally
surveyors could enter and begin work
on land before the date OF the actual
public proclamation of an executive
order opening land to public entry.
Mr.. bennett said 1t was a legal
question. which he could not answer
definitely.
Original Order Changed.
The most important development of
the investigation was the testimony of
Commissioner bennett that the claim
ants represented by Richard S. Ryan
Of New York, the alleged representa-
I've VI tIe duSSciAe1 OSto' AAoo
benefited from the omission OF one
provision in the final official papers.
Mr.. bennett said that when the exec
utive order of October TO- 1910, open
ing the Controller bay land to entry
reached his Office 1t contained a pro-
vision under which entrymen could not
file on the land for sixty days after
the order was issued. In some way or
other. he did not know how, he said.
this provision was lost or eliminated
before the final PRONUNCIATION of the
order. This omission. he admitted,
gave great advantage to the Ryan
who were on the ground
when the order reached Juneau.
In regard to the omission of the provi-
sion inhibiting entrymen from filing on
the land until sixty days after issuance
Of the order, Mr.. bennett testified that
the first draft, which, in accordance with
the usual custom, was prepared at the
Department Of Agriculture. contained the
provision, but that 1t was not in the
order as finally signed by the President.
when the order came to your Office"
asked Mr.. Fennell, did 1t not contain a
sixty-day clause providing for notice to
persons having designs on the land?"
Yes
Doesn't Know Who Made Change.
who struck II out?"
Il do not know
"Did the elimination of that clause
make material difference as far as the
chances of the public locating on the land
in question were concerned? Wouldn't the
effect be to give advantage to those who
knew Of the order and were on the
ground?',
Mr.. bennett replied that it would.