Evening star. [volume] (Washington, D.C.) 1854-1972, 1911-06-26

The famous Cunningham Alaskan coal
lands claims, through which 1t has been
alleged that the Morgan-Guggenheim syn
dicate had planned to extend their vast
interests in Alaska and to control one of
the most valuable coal fields In the
world. were today finally disallowed by
the Department of the Interior.
Secretary of the Interior Walter L.
Fisher. having approved the depart
ment's decision, as handed down by Fred
bennett. commissioner of the land office.
the last door is believed to have been
closed to the Cunningham claimants.
Their attorneys have threatened an ap-
peal to the United States Supreme Court
but such an appeal can he based only on
some point of law involved, and not on
the findings of fact as announced by the
department.
The Cunningham claims have been in
the public eye constantly for more than
two years past. They brought about the
Ballinger-Pinchot investigation by Con-
gress and the dismissal from the public
service Of Chief Forester Clifford Pinchot,
Louis r. CLAWS. a chief of field division
In the land office. and several minor OFF,
cials. Both Messrs. Pinchot and Claws
were dismissed for insubordination Incl
dent to their attacks on former Secretary
Ballinger. who they claimed was favor
Statement by Secretary Fisher.
In announcing the decision of the de-
artment today Secretary Fisher. who sue
ceeded Mr.. Ballinger in March last, de-
olared that new coal land laws are need
ed in Alaska IL that territory is to be
developed properly. In a statement the
Secretary said:
This is final decision Of the Cunning
ham claims so far as the Department of
the Interior is concerned. Any further
proceedings will be merely formal for the
purpose of perfecting the record in case
law which they desire to present to the
courts. IL is my understanding that It 10
conceded that the findings upon the facts
by the department are conclusive.
1T is the intention of the department to
proceed at once TO a final determination
OF all the remaining Alaskan coal claims
so far as this can properly be done.
denying those that should be denied, and
granting those that should be granted as
rapidly as possible.
Il do not believe the present laws ap-
phcabe TO coal lands in Alaska are wise
or practicable laws. Nevertheless their
provisions must be enforced-first be-
cause they are the law, and second be-
cause they afford the only protection to
the public welfare against the abuse of
monopoly and unrestricted private ex-
InOSG
laws will be modified at the next session
OF Congress. so as to permit the develop
ment of the Alaskan coal fields under
provisions that will more adequately pro-
tect and promote the public interest H.
however, there are claims now pending
which under the existing law are entitled
10 patent l see no justification for not
taking action upon them promptly as
the department can be assured that II is
in possession of the facts upon which
such action must ultimately be taken"
Fatal Defects Cited.
Commissioner bennett. In his decision
holding the claims for cancellation on
the ground OF fraud. declares that each
OF the thirty<three entries was improp-
erly allowed because of fatal defects ap-
parent on their face. He asserts that the
government conclusively established the
charges brought against the claimants.
and that there is no doubt but that an
agreement existed among them in viola
ton OF law
The thirty-three claims involved
amounted 10 an aggregate area of $50
acres. The value of the land has been
estimated nigh in the millions. The coal
embraced in the claims is said to be
among the finest in the world.
Commissioner bennett makes frequent
reference TO the work of CLAWS In prose
cutting the governments case against the
Cunningham claimants He also refers at
length TO the negotiations between Cum
ngham ana representatives, of the Gug-
genheins, who were shown at the Bal
lingerPinchot hearing to have taken an
option on these coal lands which were to
he worked in connection with the other ex-
tensive Guggenheim interests in Alaska
The government charged against Cum
ningham and his associates that their en-
tries of the coal land were made In pur-
suance OF an understanding and agree
ment, entered into by all the claimants
prior to location, to combine the several
claims for the joint use and benefit OF all.
II was further claimed that the entries
were made with the unlawful purpose
that they should inure 10 the use and
benefit Of an association or corporation.
Claims Without Legal Standing.
After reviewing all the facts brouxh,
out at the various trials and hearings In
the case. extending over a period Of sew.
eral years and including the final hearina
recently attended by Secretary Fisher
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