Twice-a-week plain dealer. (Cresco, Howard County, Iowa) 1895-1913, 1911-01-06

would De attempting to OBTAIN IRON
the Government, for the benefit O
an association $3.50 acres of coal land
or more than eight times as much a.
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
the Government.
Claimants Efforts to Clear Record.
'The former Land Commissioner
r. A. Ballinger, of Seattle, became
counsel to the claimants. He drew
up for Cunningham an affidavit stat.
ing in effect that Cunninghams entry
in his journal about the agreement to
form a company was true when he
made it; that the claimants believed
at the time that s,sch an agreement
was lawful. but that later the agree
n1apt was entirely Abandoned; that
when Cunningham relocated the
claims in 1894 there was no under.
standing or agreement; and there
had never been any understanding or
agreement since; that the admissions
In the too.candid affidavit of March
9Th, to the effect that there had been
an understanding to form company,
required explanations; and because
no combination or joint interest by
way of corporate interests or other
wise was contemplated.
In behalf of the claimants, Mr.. Bal
finger took this affidavit in person to
the Secretary of the Interior. Mr.. Gar
field, who forwarded it to the Land
Office. There it was read by H. H.
Schwartz, Chief of Field Service, who
said of it in his letter of September
23d to Land Commissioner bennett:
i have considered carefully the at
tached affidavit of Clarence Cunning.
ham. 1t is ingenious but unconvinc.
ing; although the showing is ex parte
and made after several weeks of very
careful consideration by Cunningham
and his attorney
"Mr. Ballinger was promptly in.
formed by the Secretary of the Int.
rior that patents would not be grant.
ed. While he was in the East, Mr..
Ballinger protested to the Land Com.
missioner against the use of the Gun.
ningham journal as evidence against
the claimants.
mad equately Represented
1.-THE Cunningham case is of enor
nous importance. 1t will decide wheth
er many millions of dollars worth OF
coal lands Cone of the richest deposits |
Of semi-bituminous coal on the North
American ContinenD shall be held in |
trust for the people, or pass forever to |
claimants charged with fraud, under
which make monopoly an
imminent probability. When the
hearings began it was the duty of the
United States Government as trustee
to provide counsel to protect the PEG
PIES interest against the alleged
claimants.
accordingly Mr.. James r. Sheridan
was assigned by the Interior Depart
ment to conduct the case in behalf Of
the people. Eminent counsel in the
persons of Mr.. E. c. Hughes, of Seat
lie, and Mr.. John p Gray, of Wallace
Idaho, were retained by the Cunning
nam claimants. Mr.. Sheridan's quail
ications for the great responsibility
placed upon him were as follows: He
had been graduated just thirteen
months from the law school; he had
lever tried a case in court; his whole
experience in taking testimony before
, Commissioner was confined to forty
one days of actual work; his salary
vas $1,000 year. and his total ex
oe rience in Government service, pre-
,ious to his appointment as an agent
n the Land Office, had been as trans
ator of Spanish in the War Depart
nent His inexperience manifests it
elf throughout the record He hat
10 grasp of the case against the
claimants. His unfamf1iarity with the
ulcs of evidence is shown by the fact
Turing the cross-examination of wit
lesses for the Government he repeat
dly objected to questions asked by /
ounsel for the claimants on the
round that they were leading.
mo transfer of the Cunningham
asses to court for decision upoI
he present record would relieve the
Executive Department of responsible
Ly for failure to have the case againsl
he claimants fully presented by at
orneys of experience and ability, anG
or emitting to produce all the evi
ence of fraud available. No trustee
DR. a private individual, or corporation
'Ould venture to entvust the property
I his charge to an incompetent anC
attorney. The people
I the United States are entitled to
Ill and reasonably able presentation
( their case.
Responsibility Of the Executive.
I'VE believe that the duty of tn,
Executive in regard to the Cunning
am claims is obvious and immediate
he record in our Judgment abund
ntly proves that the claims are illega
nd that from the beginning the claim
nts have conspircd to defraud tn,
government. No resort to a court O.
rehearing of the case is necessar,
} secure justice and protect the PEG
les property. The case against til, 4
laimants is already conclusive. Tn,
laims should be cancelled by tn
resident forthwith"