The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-01-02
APPEAL TO TAFT.
The PincI1ots Beg the President to
| Cancel Cunningham Claims.

| WASHINGTON. Jan 2.-President Taft
| has been appealed to by former F'ores-
| ter Clifford Pinchot and his brother,
1 Amos Pinchot, to cancel Immediately,
| without further hearing, the so-called
| Cunningham Alaskan coal claims. In a
| voluminous brief filed with the presi-
dent in accordance with permission
given in a letter written to them by
| Secretary Norton on November ., MI
Pinchot and his brother contend THAI
! fine record in the case ''abundantly
proves that the claims are Illegal anu
that from the beginning the claimants
have conspired to defraud the govern
ment.''
mo resort to a court or re-hearlns
of the case is necessary to secure JUS
tice and protect the peoples property,
saws the brief 1.-THE case against the
claimants is already conclusive we
believe the duty of this executive in
regard to the claims is obvious ana I'M
I mediate. The claims should pc can
celled by the president forthwith"
mo transfer of the Cunningham
cases to a court for a, decision upon
the present record would relieve the
executive department of responsibility
for failure to have the case against the
claimants fully presented by attorneys
of experience and ability and for omit
ting to produce all the evidence OF
fraud available" declares the brief
after charging that lin spite of the
clearness of the existing proof we be-
Iieve it to be our public duty TO point
out that the whole of the case against
the claimants has not been presented.
1.-THE evidence in this case goes much
farther than to establish the fraud Of
attempting by subterfuge to acqulr g
from the government more coal Land
than the law allows. 1t shows that
from the beginning the claimants act
ed with the definite and sustained in
tention of defeating the primary pur-
pose and essential spirit of the laW-the
spirit and purpose to prevent monop-
oily, and secure competitive develop
ment of the nations resources"
Regarding the effect of monopoly in
Alaska, the brief says:
cit is evident that an enormous saw
ing can be made to the people of Alas
ka, to the whole northwest and to the
United States navy If only these coal
mines are opened. under conditions of
competition 1t charges that 1.-The in
dustries of Alaska have been for years
largely in the hands of great and
oppressive monopoly. the Guggenl1elm
syndicate which has kept out other
capital, throttled competition and held
Alaska at a standstill.''
The brief reciteS that the case for the
government is supported by five main
lines of evidence. cited as follows:
=" First-The- history of the operations
of the Cunningham entrymen in Alas
ka, as derived from their own records
and statements, shows that from be-
ginning to end thev we're all members
of a single association engaged in ac-
curing a joint property and that the
| claimants never owned these claims
separately.
"Second-The book of accounts of the
Cunningham group and the reports
made by it's agents are all evidently
based on the assumption that all the
claims are one property owned by one
association.
"Third-F'rom first to last. the sub
scribers took no interest whatever in
the situation or value of particular
claims entered in their respective
names.
"Fourth-Within the shortest practi-
cable time after final certificates were
issued, the Cunningham associates took
steps to turn over their claims to a
corporation on a basis of equal shares.
"Fifth-More than one-half the claim
ants have admitted in affidavits that
they had always acted with a mutual
bine their claims after titles were Sc
cured and one so confessed at the hear
| ings."
| Discussing the charge that important
| evidence against the claimants was
suppressed by land office agents, the
brief saws:
John w. Dudley register of the land
| office at Juneau, Alaska. one of these
agents, went so far as to advise Cum
ningham specifically how one of the
claimants, who had told the truth in
his affidavit, should change his state
ment so as to strike out evidence of
fraud and avoid investigation which
will at least involve an interminable
delay