The Topeka state journal., 1911-06-26

- C--H = ~ N--1CsS
an aggregate area Of $3.50 acres. The
value of the land has been estimated
hlgn IN the millions. The coal embrac-
the finest in the world.
Refers to CLAWS.
Commissioner bennett makes fire.
quent reference to the work Of CLAWS in
prosecuting the governments case
against the Cunningham claimants. He
also refers at length to the negotiations
between Cunningham and representa-
tlVes OF the Guggenheims who were
shown at the Ballinger-Pinchot hearing
70 nave taken an option on these coal
connection with the other extensive
Guggenheim interests in Alaska
TIE government charged against Gun
nlngham and his associates that their
entries OF the coal land were made in
pursuance of an understanding and
agreement entered into by all the
claimants prior to location. to combine
the several claims for the joint use
and benefit of all. It was further
claimed that the entries were made
with the unlawful purpose that they
should 1nure to the use and benefit of
an association or corporation.
After reviewing all the facts brought
out at the various trials and hearings
in the cases extending over a period Of
several years and including the final
hearing recently attended by Secretary
Fisher himself, Commissioner bennett
| reached the conclusion that the claims
had no legal standing and ordered them
cancelled Secretary Fisher promptly
approved this finding, although to COM
/ plete the record he must do so formally
upon appeal to him.
Among the Cunningham claimants
are a number Of the prominent men Of
the Northwest. Commissioner bennett
refers to them as having sufficient
means to have carried forward extern
sive coal operations in Alaska. The
various claimants were interested in
| the Alaskan coal situation in 1902 by
! Clarence Cunningham. who made the
various filings and conducted most OF
the negotiations. The claims once were
clear-hsted for patent, but final action
was held up at the request of CLAWS.
No Room for Doubt.
There seems to be no doubt said
Commissioner bennett, in his decision,
that in the beginning the participants
were subscribers for joint interests and
not owners of separate claims and that
actlon never changed In 1905 they were
still co-ownerS of a single property,
although, in order to acquire it, each
particular claim had been allotted to a
particular individual and had been en-
tered by him in his name"
The original agreement with the Gug-
genheims contemplated the formation
of a corporation as soon as the titles
were secured. This plan gave the Gug-
genhefmS the right to mine the coal
on a royalty basis. The Guggenheims
were also to build a railroad from the
mines to the coast. AS finally entered
into the agreement With the Guggen-
helms for a sale aroused serious OBJ
jections from several claimants.
1.-THE fact" says Commissioner Den
nett, that it was represented to the
Guggenheims that there were ,33 indie
pendent claimants to be reckoned with,
in no wise strengthens the defense. 1t
is not to be supposed that any sane
men representing these entrymen as
committee would suggest to a pros
pective purchaser Of the property that
the claims were illegal and the several
entries subject to forfeiture"
PincEot Is Pleased.
New York, June 26-Perhaps nobody
in the country was better pleased with
the final disposition of the Cunning
ham claims than Clifford Pinchot, whose
own fortunes had pivoted upon them
so critically.
1.-THE cancellation of the claims he
said here today, ''is proof given by
the administration itself that the fight
made against it to prevent coal mon
opoly in Alaska. was not only success
fu1 but necessary and right. This VIC
tory inSureS the cancellation of multi
tudes of other fraudulent claims in
Alaska. I have not yet seen the text
of the decision but judge it should result
III ScNiIlS the IlOSL NdAudDl0 GOd4 iASluS
stin in government ownership for the
use of the people.
Our fight, however, is not yet fully
won. 1t is still possible that a secret
order of last October, by which Presi
dent Taft opened the harbor front of
Controller bay, the natural outlet for
the coal, to acquisition by special in
terests may result in coal monopoly
through monopoly Of transportation.
Now that the claims are cancelled the
one imperative need for Alaska, is an
honest coal land law, opening the coal
to Immediate development under lease
from the government