New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-01-23
Cunningham CLAIMS
=, question Of Referring Them
10 the Courts.

sr ..~,,,ir Of Butte, Mont, defend
G NJ p,.n,,rsr.s proposal 20 have a spe-
~ NI' congress passed for the pur-
s. IS, ,r,nsferring the decision Of the
yss 2. -, coal cases to the courts. In
cDnnnles - great public interests involved
csT Oh ,,rn-ccedented character Of the
a. o. ~ ,rorosal I desire 20 call your
ss,'e'N q, The fact that Mr.. Bourquin's
s.'sr''- -.ts,s,ding. and 90 point ont the
N'G p. N fscts In regard TO the Gun
- s'1' ,lsims AR Bourqu.n defends
r's ..r tile decision of the Gun
trf4A5 .is.r,s 90 the courts on the
fnslsN- not if the Secretary OF the In
r'alu .sss against the claims the judi-
Ffd ~, NJ the government has no
g ion or power directly TO review
'-sl- .,. ~ correct the acts II the Score
=. ,tsv never so erroneous and I'M
erH 80 che government can hold and
81 % ,,-4s forever. even though the
~ = -oirst BE uuQuestionahly entitled
! Gem .-.-.. .,,,-.,,. 60
l'' ..-,r-r as claimants may appeal
p ~. decision of the Secretary on all
h'~ ' n law. and. tn case such appeal
80. chem. may carry the case 20
~ .'--.r,s Court Of the United States.
800 rrs Cunningham case IS not
-,.-r g. 20 be- decided by the Sccre-
.s,ss Interior az ALL because, on June
ne President took the FINAL decision
! ~ l,.-rirghau cases ont Of the hands
t-.srior Department and assumed
-ssr.9sinIity for e himself. I'm
80. - November . To Clifford and
p~,r1f the President rccited tho
.-.s..rcss under which nc took this
20 stated that the evidence was 70
-...--s5 20 him. and authorized the sub
-, r, hin, ss q brief for his informa-
regard o. tlc- legality OF these
-. To say that there IS injustice I'm
,.-.,- Tie decision ~ this case 20 remain
-, hands of t.e President would be
..r-s that the President was in
..,.a u making fair deductions from
:. sr,ssacc presented TO him.
r, executive Department Of the gov
-. is The trustee for the people Of
!. ,.f-ral public lands Il has always
A. ,,s duty OF Oh. Executive Department
3..ils in the FIRST Instance upon the
.sg.v # claims against the public do
II, Never iu the history of this Coun-
- r-,1 The Cunningham claims came UP
~ decision has the power and duty Of
=. executive Branch Of .he government
- RS. lyon land claims been questioned.
=, l-'uvce I'm ,he existing system Of
r,o.~5s-s was ever discovered until a de-
es,s on The Cunningham claims was inn
-irsrt al the hands of the Executive.
Tie case bstv cen the Cunningham claim
ants ari ths people of the United States
IA, ben flly tried. Evidence has been
nksa at great expense TO TIE government
r. mlry parts OF this country. as we'll a.
z France and Italy. The trial was con
,.s6 between November, 1909, and June.
w Tie record IS now before the Pres
.rt sio is qualified not only by law. but by
: Esaf judicial experience To- decide upon
mdencs The record SHOWS that the
Iilnt character of the claims Is proved
.N1d the slightest doubt There is no
w for argument upon the question
tshsr these claims should BE cancelled or
rz'ei A. the moment when a decision
x hands of the President is expected
screary Of the Interior has taken tie
-gsder,ed step OF proposing two bills
| fngrsss. either one of which would
p the claims from the Presidents
~ and e-fr.. rT,. ole f.,.-s- Owe r-,ora