The Madison daily leader. [volume] (Madison, S.D.) 1890-current, 1911-01-03


capital should be encouraged to enter
these fields and develop the coal for
the benefit of the people. But this
result can only be accomplished by
the passage in congress of reasonable
and practical laws for the disposal of
the coal fields in the interest of the
people. Until this is done the present
law should be enforced and the peo-
pies property protected. 1t was to
prevent Just such monopoly as the
Cunningham claimants are seeking
that the existing Alaskan coal land
law was made.
The Claimants Not Pioneers.
1t must not be imagined that in can
ceiling the claims in the Cunningham
group the government would work an
injustice to the pioneers who have
braved the hardships and dangers of
Alaska. Contrary to the popular inn
preston the Cunningham claimants
are not pioneers at ALL They are a
group of wealthy, hard headed men of
affairs, representing chiefly the great
corporate interests of the Northwest
ern states, mosI of whom have never
set foot in Alaska. The hardy pio-
neers who discovered and located the
Cunningham claims were bought out
by Clarence Cunningham In 1903 at
about $500 claim, or $1.S8 an acre.
The Cunningham claimants are men
in very different circumstances. Their
ranks were recruited by Clarence Gun
ningham generally from among the
presidents, vice presidents and direc-
tors of banks, insurance companies
and commercial institutions of the
Northwest. Among the claimants who
testified at the hearings in the fall
and winter of 1909 were the follow
ing:
Frederick III. Mason, president and
sole owner of the manufacturing cor
poration known as Holly, Mason,
Marks & Co. of Spokane, Wash.
Miles c. Moore, president of the
Mercantile bank.
Henry White, vice president of the
First National bank of Wallace, Ida.
Charles j. Smith, real estate and
coal mine owner of Seattle.
Byron c. Riblett of Spokane, Wash,
president and treasurer of a corpora
tion engaged in building tramways in
the United States and Canada.
John A. Finch of the firm of Finch
& Campbell of Spokane, Wash, bank
ing, mining and general investment
business.
Horace c. Henry, chairman of the
board of directors of the National
Bank of Commerce, Seattle; president
OF the Metropolitan bank, Seattle;
president of the Pacific Creosoting
company; president of the Northern
Life Insurance company.
Frank Johnson, president of the
First National bank of Wallace, Ida.
Orville ID. Jones of Wallace, Ida,
proprietor of large mercantile busi-
ness
Amassa B. Campbell, principal own
er with John A. Finch of the First
National bank of Wallace, Ida.
The issue of Fact.
The issue Of fact in this case is
simple.
The government contends that all
the Cunningham entries were made
for single association and that they
were recorded in separate names
merely as a device to evade the law.
The claimants contend that each en-
tered his claim entirely for his own
use and benefit and that no one of
them has any interest in any claim
except his own.
If there was, prior to entry, an un-
derstanding or agreement. express or
implied, among the Cunningham
claimants to turn their claims over to
81 company after they got title, or to
pool their interests and work them
| together, the claims are illegal. In
, making entry under such &C agree
ment or understanding the claimants
would be attempting to obtain from
the government, for the benefit of an
| association, $3.50 acres of coal land,
or more than eight times as much as
the law allowed. They would thus
have violated both the essential spirit
and the letter of the coal land laws
and the claims should be cancelled
| without delay. If, on the other hand,
| the claimants entered claims without
agreement to combine after they got
title they should receive patents from