Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1911-01-02
PRESIDENT ASKED
To CANCEL ALASKA
COAL CLAIMS
REQUEST COMES FROM
EX-F0RESTER PINCH0T
Duty Of Executive in the Prem
misses to Secure Justice to
People IS Immediate and OBJ
vlouS Declares Brief.

my Morning Journal Special leased wlrel
Washington. Jan. President
Taft was appealed TO today by for
mer Forester clifford Pinchot and his
brother. Amos Pinehot. to cancel inn
Imediately without further hearing
the so-ealled Cunningham Alaskan
coal claims.
In voluminous brief filed with the
president in accordance with permls-
sion given IN a letter written 10 them
by Secretary Norton on November >,
MIR. Pinchot and his brother contend
that the record In the case abundant
| ly proves that the claims are Illegal
| and that from the beginning the
claimants have conspired to detraud
the government.
THE resort to a court for rehear-
| Ing of the ease In unnecessary TO se-
cure justice and protect the peoples
/ property" says the brief. The case
ingainst the claimants Is already con-
elusive. We believe the duty OF the
executive In regard to the claims IL
obvious and immediate The claims
should be cancelled By the president
forthwith"
No transfer of the Cunningham
| cases to court for decision upon
/ the present record would relieve the
executive department Of responsibility
| for failure to have the case against
the claimants fully presented By at
torneys OF experience and ability and
for omltting to producing all the evil
dencc of fraud available declares
the brief after charging that I'm
spite OF the clearness of the existing
proof we believe 1t to be our public
duty to point out that the whole OF
the case against the claimants has not
beer presented.
The evidence In this case goes
much farther than to establish the
fraud of attempting by subterfuge Il
acquire from the government more
coal land than the law allows. Il
shows that from the beginning th,
claimants acted with the definite ant
sustained intention of defeating th'
primary purpose and essential spirl
Of the law--the spirit and purpose t,
prevent monopoly. and secure compe
ltition development OF THE stations res
sonrces.
Regarding the effect Of monopol.
IN Alaska, the brief says:
ut is evident that an enormou
saving can be made to the people o
Alaska, to the whole northwest and {,
the United States navy II only thes'
coal mines are opened, under condi
tions of competition.
II charges that the industries 0
Alaska have been for years largely II
the hands OF great and oppressive
monopoly. the Guggenhelm syndi
cate, which has kept out other capital
throttled competition and held Alaski
at a standstill."
The brief recites that the case 70
the government is supported by flv
main lines of evidence. az follows.
First the history Of the operation
of the Cunningham entrymen Il
Alaska. as derived from their own rec
ords and statements, shows that iron
the beginning TO the end they wer
all members of single association
engaged In acquiring joint propert
and that the claimants never owne
these claims separately.
Second, the book or accounts 0
the Cunningham group and the re
ports made by its agents are all evl
IDENTITY based on the assumption tina
all the claims are one property owne
by one association.
Third. from first to last, the sub
scrlbers took no interest whatever |
the situation or value of particula
claims entered In their respectiy
names.
Fourth, within the shortest prae
ticable time after final certificate
were issued. the Cunningham assc
ciates took steps 60 turn over thel
claims to a corporation on a basis q
equal shares.
Fifth, more than one-half tn
claimants have admitted In affidavit
that they had always acted with
mutual understanding that they woul
combine their claims after titles wer
secured and one so confessed at th
hearings"
Discussing the charge that Impor
ant evidence against the claimant
r was suppressed by the land offit
agents, the brief says:
John w. Dudley. register OF II
land office al Juneau, Alaska, one ,
these agents, went so far as To az
wise Cunningham specifically how or
of tho claimants, who had told III
truth in his affidavit. should chanl
his statement so as to strike out ev
dence of fraud and avoid investigate
which would at least involve an ind
terminable delay"