Daily capital journal. (Salem, Oregon) 1903-1919, 1911-02-11
La TOILETTE
ASKS SOME
QUESTIONS
PUTS 1T UP TO TAFT TO STAND
PAT AND DECIDE THE CUM
NINGHAM CLAIMS, AS HE HAS
ASSUMED TO DO.
[uY1rEp rREss LEAsEp wInE.l

Washington, Feb 10-Direct de-
mand that President Taft publicly an
swer the question whether he is at
tempting to dodge a decision in the
Cunningham coal land case was made
today by Senator LaFollette, Of Wis
consin in an open letter to the presi-
dent which was published in LaFol-
lete's magazine and given out here
today. The letter is signed "LaFol-
lette's Magazine" but is regarded
here as coming from the senator him
self. r-g .TlT. =
LaFollette's letter asserts that 1t
has been publicly stated that two
bills introduced in the senate by Sen
ator Nelson, (Republican), of Mime
sofa, have in some measure re-
ceived your support" In opening,
LaFollette says:
"The first is a special bill for a
transfer of the decision in the Cum
ningham case from your hands to the
court of appeals of the District of
Columbia. The second Is a general
bill providing for the transfer OF the
decision of all land cases from the
executive to the courts and authoriz-
ing a trial DeNovo in all cases which
have already been heard in the de-
partment of the interior"
After pointing out that President
Taft has affirmed directly and indl-
rectly his determination to pass per-
sonally on the Cunningham case and
calling attention to the fact that he
permitted Clifford Plnchot to file a
brief with him in that case the letter
cOntinues
"The claimants have had a fair
trial; they have been represented by
able counsel; no error or injustice to
them is alleged. Since April, 1890,
the Cunningham case has been pend
ing for adjudication The evidence
in the case establishes conclusively
that these claims were entered under
an Illegal agreement to combine after
title was secured. Both documentary
and oral evidence in the case proves
beyond argument or dispute that the
Cunningham entries should be can
celled on the ground Of fraud.
Long ago the secretary of the in
terror announced that he considered
himself disqualified from acting in
regard to the Cunningham case.
This is matter of record
"The fact that before he became
secretary of the interior he gave pro-
fessional assistance to certain of the
claimants in their efforts to secure
patents and the further fact that,
since becoming secretary, he has,
through his attorneys, filed a brief
with the Joint committee of congress
in which he warmly defends the en-
tries against the charge of illegality,
make 1t desirable that you should
have relieved both Ballinger and his
subordinates Of the duty of deciding
the Cunningham case. 1t is easy to
conceive that Ballinger's subordlnates
would feel a serious embarrassment
in deciding this particular case con-
trary to the expressed opinions of
their chief.
"But now that you have assumed
the responsibility of decision, there
appears no reason why the extraor-
dinary step of seeking legislation to
wrest the case from your hands
should be taken, step which will eff
fectually postpone the cancellation of
the Cunningham claims for an indef-
mite period.
IF the first bill referred to passes,
there will result protracted delay
and the expense of additional hear
ings, The fraudulent character Of
the claims is already proven, Yet
II this bill should become law the
claimants will be given chance to
make one more effort to defeat the
governments case
III the second bill passes, the
claimants will be given the hitherto
unknown privilege of having the case
tried over again DE NOvo No such
stumbling block to the prompt dis
posal of land cases was ever devised
until the Cunningham claims were
pending before you for adjudication
Moreover II either bill becomes
law, in second consideration of this
case the claimants will have the ex-
traordinary advantage of knowing in
advance the exact lines of attack of
the government, both as shown by
record OF the hearings already held