Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1911-06-27
Department Of, Interior Dis
allows the Cunningham
Claims Which Caused Bal
linger-P inchot Row.
FISHER SAYS NEW
LAWS ARE NEEDED
Secretary Declares That De-
partment, However, Has
No Alternative but to En-,
force Present Statutes.


claims, through which 1t has been A.
legged that the Morgan-G -Guggenheim
syndicate had planned to extend it,
vast interests In Alaska and to CON-
troll one Of the most valuable coal
fields in the world, were today finally
disall0wed by the department Of the
interior.
Secretary Of Interior Walter Fisher
having approved the departments de-
c1sion, as handed down by Fred Den6
nett, commissioner Of the land once,
the last door is believed to have been
closed to the Cunningham claimants.
Their attorneys have threatened an
appeal to the United States supreme
court, but such an appeal can be based
only on some point OF law involved
and not on the findings OF fact - an
nounced by the department
The Cunningham claims have boon
in the public eye constantly for more
than two years past. They brought
about the Ballinger-Pinchot investiga-
tion by congress- and the dismissal
from the public service OF Chief For
ester Clifford Pinchot, Louis r. CLAWS,
as chief OF field division In tho land
Office and several minor ofnciAls.
Both Messrs. Pinch0t and Claws were
dismissed for characterization incident
to their attacks on former Secretary
Ballinger, who, they claimed Was fav-
orably disposed toward the claims.
In announcing the decision Of tho
department today Secretary Fisher,
who succeeded Mr.. Ballinger In March
last. declared that new coal land laws
are needed In Alaska IL that territory
Is to be developed properly. In
statement the secretary said:
"This is final decision OF the Gun.
ningham claims so far 40 the depart.
ment Of the interior ID concerned. Any
further proceedings will be merely
formal for the purpose Of porfecting
the record In case the claimants think
there are questions Of law which they
desire to present to the courts. It 10
my understanding that It In conceded
that findings upon the facts by the Dc
partment are conclusive.
1T is the intention of the depart
ment to proceed at once to q final DE-
termination OF all the remaining
Alaskan coal claims 80 far - this can
properly be done, denying those that
should be denied. and granting those
that should be granted a. rapidly -
possible.
II do not believe the present laws
applicable to coal lands In Alaska ar0 i
wise or practicable laws. Neyerthe-
less, their provisions must be enforc-i
ed, first, because they are the law and.
second because they AFFORD the only
protection to the public welfare
against the abuses Of monopoly and
unrestricted private exploitation
Fraud In Filing Declared.
Commissioner bennett In his deeds. /
ion holding the claims for concellarl
ton on the ground OF fraud, declares
that each OF the thirty-three entries
was improperly allowed because OF
fatal defects apparent on the face.
He asserts that the government con-
clusively established the charges
brought against the claimants and that
there IL no doubt but that an agree.
ment existed among them In violation
OF the law. The thirty-threo claims
involved amounted to an aggregate
area Of $3.50 acres. The value Of the
land has been estimated high In tho
millions. The coal embraced In the
claims Is said. to be among the finest
in the world.
The government charged against
Cunningham and his associates that
their entries OF the coal land were
made In pursuance Of an understand
ing and agreement entered into by all
the claimants prior to location, to COM
bine the several claims for the joint
use and benefit OF all. It was further
claimed that the entries were made
with the unlawful purpose that they
should inure to the use and benefit OF
an association or corporation.
Commissioner bennett reached the
conclusion that the claims had no leg
al standing and ordered them cancel
ed Secretary Fisher promptly approv-
ed this finding, although to complete
the record ne must do SO formally up
on appeal to him. The various claim
ants were interested in the Alaskan
coal situation in 1902 by Clarence
Cunningham, who made the various
filings and conducted most Of the nego-
tiations. The claims once were clear
listed for patent but final action was
held up at the request of Claws.
Commissioners Dennett's Findings.
There seems to be no doubt" said
Commissioner bennett in his decision.