Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1911-06-27
Secretary of Interior Fisher MAI
Final Decision Against Nor !,
Guggenheim syndi scNsSN
LAST DOOR BELIE EcLosED
Appeal to Court Not Possible on Find
ings of Fact.
ASSERTS NEW LAWS ARE NEEDED
Present Statutes Applicable to Coal
Lands Are Unwise.
EVIDENCE OF FRAUD APPARENT
Finding of Commissioner bennett,
which Discusses Evidence at
ASSERTS NEW LAWS ARE NEEDED
EVIDENCE OF FRAUD APPARENT
which Discusses Evidence at
Length, L. Approved-New
Laws Are Needed.

Laws Are Needed.
WASHINGTON. June zs-The famous
Cunningham Alaskan coal lands claims,
through which It has been alleged that the
Morgan Guggenhiem syndicate had planned
10 extend their vast interests to Alaska
and to control one OF the most valuable
fields in the world. were today finally dis
allowed by the Department OF the Interior.
Secretary Of Interior Walter Fisher, hay-
ing approved the departments decision as
handed down by Fred bennett. commits
sioner Of the land office, the last door Is
believed to have been closed to the CoH-
ningham 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 as an
nounced by the department.
The Cunningham claims have been In the
public eye constantly for more than two
years past. They brought about the Bal
linger- Pinchot investigation by congress
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 officials.
Both Messrs. Pinchot and CLAWS were dis
missed for characterization incident to their
attacks on former Secretary Balllnger,
whom they claimed was favorably disposed
toward the claims.
New Laws Are Needed.
In announcing the decision OF the depart
ment today. Secretary Fisher. who sue
ceeded Mr.. Ballinger in March last. de-
clared that new coal land laws are needed
in Alaska II that territory is to be de-
veloped properly. In statement the
| secretary said:
This is a 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
the claimants think there are questions
OF law which they desire to present to the
courts. IL is my understanding that II Is
conceded that the finding upon the facts
by the department are conclusive.
1T IL the intention of the department to
proceed at once to a final determination
OF all the remaining Alaskan coal claims
30 far as this can properly be done deny
ing those that should be denied ard grant
ing those that should be granted as rapidly
as possible.
Il do not believe the present laws ap-
plicable TO coal lands In Alaska are wise
or practicable laws. Nevertheless. their
provisions must be enforced, 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 /
sincerely trust that these laws viii be
modified at the next session OF congress.
so as to permit the development OF the
Alaskan coal fields under provisions that
will more adequately protect and promote
1 the public interests. IT, however, there are
claims now pending which, under the ex-
isting law are entitled to patent i see no
Justification for not taking action upon
them as promptly as the department can
be assured that 1t is in possession OF the
facts upon which such action ultimately
be TAKEN"
Evidences of Fraud Apparent.
Commissioner Dennett, in his decision
holding the claims for cancellation on the
thirty-three entries was improperly allowed
because OF fatal defects apparent on their
A face.
He asserts that the government con-
. olusively established the charges brought
agains the claimants and there is no doubt
E that an agreement existed among them In
A violation of law.
: The thirty-three claims involved
: amounted to an aggregate OF $3.50 acres
The value OF the land has been estimated
d high in the millions. The coal embraced
in the claims il said to be among the finest
a in the world.
! Commissioner Dennstt makes frequent
references to the work Of CLAWS In prosecut.
ing the governments case against the Gun
ningh&m claimants. He also refers Al
length to the negotiations between Gun
|: ninGhAm and representatives OF the 0us-
Eenheins. VINO were shown at the Bal
= nnger-Pinchot hearing to have talxsn AZ
option on these coal lands. which were &c
be worked in connection with the Other
extensive Guggenheim interests In Alaska
3 The government charges against Gun
n ninsham and his associates that their en-
d tries OF the coal land were made in pur
K suance OF an understanding and agreement
entered into by all the claimants prior e
J, location. to combine the several claims FOL
s the joint use and benefit OF all. 1t wal
z further claimed that the entries were mad,
) with the unlawful purpose that the,
i should inure TO the use and benefit OF al
I association OF corporation. After reviewing
ell the facts brought out the various trial.
d and hearings of the case. extending over
h period OF several years. and including tn,
Il final hearing recently recommended By
Secretary Fisher himself Commissions
bennett reached the conclusion that tn,
; claims had no legal standing and orderes
them cancelled. Secretary Fisher promptly
approved the finding although to complet'
the record he must do 90 formally upon ap
peal to him.
PROMINENT Men Interested.
Among the Cunningham claimants are
= number OF the prominent men Of the north
west Commissioner bennett refers q
= them a. having sufficient means TO hav,
carried forward extensive coal operation
"a in Alaska The various claimants were In
terested in the Alaskan coal situation n
T. in lsOe by Clarence Cunningham. who mad
the necessary filinEs and conducted mos
Of the negotiations. The claims were clear
listed for patent. but final action was hei,
70 up at the request Of CLAWS
a There seems to be no doubt" said Com