Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1911-06-27
Decision in Cunningham
Coal Lands Gases.
Department Of Interior Closes
Last Door 10 Claimants.
Statements OF BaIIinger, Pinchoi
and Sec. Shipp--History of Case.

Washington. June 26.-The famous
Cunningham Alaskan coal land claims,
through which it has been alleged that
the Morgan Guggeuheim syndicate
had planned to extend their vast IN
terests in Alaska and to control one
eff the most valuable coal fields in the
world, We're today entirely disallowed
by thc department of the interior.
Secretary OF the Interior Walter l..
Fisher. having approved the depart
ment's decision. as handed down by
Fred bennett. commissioner Of the
land office, 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 ap
peal can be based only on some point
Of law involved. and not on the find
ings of fact as announced by the de-
putaent
'rhe Cunningham claims have been
in The public eye constantly for more
t'an two years past. They brought
: bout the Ballingcr-Pinchot inNeStiga
tiuH by Congress and the dismissal
from the public service Of Clnef Fer
ester Clifford Pinchot, Louis r, CLAWS,
2 chief of field division in the land
Office. and several minor officials,
Roth Messrs. Pinchot and CLAWS Were
dismissed tor INSTRUMENTATION incident
20 their attacks on former Secretary
Hailinger whom they claimed WIS
favafahlY disposed toward the claims
Ia announcing the decision Of tire
department today Secretary Fisher
Who succeeded Air. Balhnger in March
| last, declared thai new coal land laws
are needed in Alaska if that territory
| Is To he developed properly. In d
statement the secretary said
This is the final decision OF the Gun
ninsham claims 50 far as the depart
ment of :he interior is concerned Any
| further proceedings viii be- merely
| formal for the purpose of pcrfecting
| The record in case tue claimants think
| there gre questions OF la% which they
! desire - present to the courts. 1t IS
| ray understanding that it is conceded
that tlie findings upon the facts by the
dro4rtment are conclusive.
1t is tie intention Of the depart
n,ent 20 proceed 1t once To a final de-
termination of AL the remaining Alas
kan coal claims 50 far as this can
property be done. denying those that
should be denied. ana granting those
that should be granted as rapidly as
possible. SRA d.
| i ao not believe the present laws
applicable to coal lands in Alaska are
wise or practicable laws. Nevertheless,
| their provisions must be enforced, first,
because they are the law, sand second.
| because they afford the only protection
l. 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 10 per-
nit the development of the Alaskan
zeal fields under provisions that viii
more adequately protect and promote
the public interests. If. however. there
are claims now pending which, un-
| der the existing law are entitled 10
patent l see no justification Tor not
taking action upon them as promptly
rs the department can be assured that
is Ia possession of the facts upon
which such action must ultimately be
taken.
! Commissioner bennett, in his deois-
ion holding the claims for cancellation
on the ground OF fraud. declares that
each Of the SO entries was Improperly
|
| Parent on their face. He asserts that
| the government eonclusively establish
cd the charges brought against the
claimants and that there is no doubt
| hit dat an agreement existed among
them in violation of law.
The IS claims involved amounted to
ar aggregate area of $3.50 acres The
value of the land has been estimated
| i
| in the claims is said to be among the
finest in the world.
| Commissioner bennett makes refer
ence 10 the work of CLAWS in preseeut-
! ing the governments ease against the
| Cunningham claimants. He also refers
at. length to the negotiations between
| Cunningham and representatives of the
| Guegenheims. who We're shown at the
| Ballinger- Pinchot hearing To have TAX
| en- an option on those coal lands which
were to he worked in connection with
The other extensive Guggenheim inter
| asts In Alaska.
The government charged against
Cunningham and his associates that
| their entries of the coal land We're
made in pursuance of an understand
| ing and agreement, entered into by
| all the claimants PRIOR 10 lucdllon, "
combine the several claims for the
| Joint use and benefit of all. 1t was fur
| Their claimed that the entries were
made with the unlawful purpose that
they should inure to the use and bene-
fit Of an association or corporation.
After reviewing the facts brought out at
the various trials and hearings in the cases.
| extending over period of several years,
and including the final hearing recently
| attended by Secretary Fisher himself Com
| missioner bennett reached the conclusion
that the claims had no legal standing and
ordered them cancelled Secretary Fisher
promptly approved This finding although to
complete the record he must do 50 for
maly upon appeal to him.
Among the Cunningham claimants are a
number Of the prominent men of the North
west Commissioner bennett refers to
them as having sufficient means to have
| carried forward extensive coal operations
in Alaska. The various claimants We're in
terested in the Alaskan Coal situation in
l.