Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1911-05-09
Alaskan COAL
LANDCASESUP
FORAGR'EE||::.M||ENT |: .M||
Arguments on Cunningham
Claims Heard BY Land
Office and Secy. Fisher
Long In Public Eye.

Washington, D. c., May 8.-Afterl
having been out Of the public eye for
some time the Cunningham Alaskan
coal land claims which brought about
the Ballinger-P -Pinchot congressional
investigation, because of charges by
Louis R. CLAWS, former field agent
of the land office. today approached
their final determination. Attorneys
for the Cunningham claimants ap-
peared to argue their case before
Secretary OF the Interior Fisher, Land
Commissioner bennett and members
of the board of law review Of the gem
eral land office. 1t was expected the
hearing would be concluded tororrow.
r. C.. Hughes of Seattle and John P.
Gray Of Wallace, Idaho, are represent
ting the claimants. Commissioner
bennett is charged with handing down
the RECESSION. Secretary Fisher is de-
termined to sit at the hearing, how
ever, SO that In case proposition be
made to him time and expense may be
saved for all parties concerned.
The Cunningham coal land claims,
thirty-three In number. are so called
because 1t was Clarence Cunningham
of the state Of Washington. who, while
in Alaska in 1902, discovered the coal
which led to the fling Of claims by
himself and by thirty-two others.
CLAWS Charges Started Inquiry.
Opposition to the final granting Of
the claims was due to the charge that
Gr(v IN
government. CLAWS, who wrote to
President Taft charging former Secre-
tary Ballinger with maladminstration
of public land laws, started his fight
against the Cunningham claims early
in 1908 He asserted that through an
assignment Of the Cunningham claims,
'the Guggenheims" were about to be
given monopoly Of Alaskan coal.
The Ballinger-Pinchot investigation
committee filed two reports, the ma
1ority report generating Secretary
Ballinger and the minority sustaining
to large degree the allegations made
by Claws No action representing the
merits OF either finding was taken by
congress and since the proceedings
were directed chiefly against Mr.. Bal
linger his resignation probably fore
stalls congressional verdict. The
majority did not pass upon the merits
OF the claims declaring only that 'sif
they are regular patents they should
be allowed" The committee said 1t
found no reason to doubt that the COM
missioner Of the general land office, on
an appeal to the secretary Of the In
terror, would decide the cases fairly
and impartially. The hearing starting
today before Commissioner bennett
therefore. will probably decide whether
the Cr ngham claimants should be
granted patents to their coal lands or
whether these lands shall revert to the
public domain for future entry. A de-
cision by the secretary, on appeal from
the commissioners of the general land
office, would be final.
Hughes Argues for Claimants.
Mr.. Hughes, arguing for the claim
ants. asserted that as they had paid
the purchase price Of the land and
held receipts from the government for
the money. This was equivalent to an
actual delivery of patent rights. Ac-
cording to the Alaskan coal and land
law Of, 1904. which he declared was
complete in itself. as soon as claim
ant had staked of his land and had
entered it in, the registers Office, he
had right to make contracts to sell
such land provided the claimant was
not legally disqualified.
Asked by Secretary Fisher whether
he had read the the brief presented III be-
half of Clifford Pinchot in connection
with the charges in the case, Mr..
Hughes declared that this brief was
only partly correct. He did not be-
lieve there had been Intentional deceit,
but asserted that the facts had been
"shuffled.'