El Paso herald. (El Paso, Tex.) 1901-1931, 1911-01-02
PINCHOT SAYS
CANCEL LEASES
Charges That Guggenheims
Are Throttling Alaskan
Industries.

Washington, D. c., Jan. president
Taft has been appealed TO by former
! forester Pinchot and his brother, Amos
Pinchot, to cancel immediatelv withou-
further hearing the socalled Cunning
ham Alaskan coal claims.
IN a voluminous brief filed with the
president in accordance with permits
sion given in letter written to them
/ by secretary Norton or November Q,
Mr. PinchOt ard his brother contend
that the record in the case ''abundantIy
proves that the claims are Illegal and
that from the beginning the claimants
have conspired to defraud the govern
ment-'
'The resort to a court or a rehearing
of the case is not necessary to secure
justice and protect the peoples proper
ty." says the brief. THE case against
the claimants is already, conclusive We
belieoe the duty of the executive in
regard to the claims is obvious and
immediate The claims should be can
celed by the president forthwith"
No transfer of the Cunningham
cases to court for a decision upon
the present record would relieve the
executive department. of responsible
ty for failure to have the case aaginst
the claimants fully presented by attor-
emitting to produce all the evidence of
fraud available" declares the brief.
after charging that in spite of tho
clearness Of existing proof. we believe
1t to be our public duty to point out
that the whole of the case against the /
claimants has not been presented
Meant to Defeat Law.
"'The evidence in this case goes much /
farther than to establish the fraud Of
2 Mi
from the government more lands than
the law allows. It shows that in the
beginning the claimants acted with
definite and sustained intention of de-
feating the primary purpose and essen
ti9l spirit Of the law-the spirit and |
purpose to prevent monopoly and Sc
cure competition development of the
nations resources"
Regarding the effect of monopoly in
Alaska, the brief says:
1T is evident that an enormous saw
ing can be made to the people of Alas /
'Sa. to the whole northwest and to the
United States navy if only these coal
mines are opened, under conditions of
It charges that 'the industries of
Alaska have been for years largely in
the hands of a great and oppressive
monopoly. the Guggenheim syndicate.
l..
throttled competition and held Alaska
at a standstill"
Governments Case.
The brief recites that the case for
the government is supported by five
main lines of evidence, 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 the
members of. a single association engag-
cd in acquiring a joint property and
that the claimants never owned the
claims separately.
Second. the book of accounts of the
Cunningham group and the reports by
its agents are all evidently based on
the assumption that all the claims are
one property owned, by one association.
Third. from first to slast the sub
Scribers took no interest whatever in
Ne situation or value of particular
cIsims entered in their respective
names.
Fourth, within the shortest practi-
cal time after final certificates were
issued, the Cunningham associates took
steps to turn over their claims to a
on a basis of equal shares.
Fifth, more than one half the claim
ants have admitted in 8ffidavits that
,hey hau always acted With a mutual
that they would COM
oine their claims after titles were Sc
cured and one so confessed at the hear
ngs."
Land Office Aids Fraud.
Discussing the charge that impor-
ant evidence against the claimants
was suppressed by the land office
agents the brief saws:
John w Dudley, register of the
and office at Juneau. Alaska. one OF
hese agents, went so far as to advise
Cunai2 CHAM specifically how one OF
he claimants who had told the truth
n his affidavit. should change his
tatement so as TO STRIKE Gus evidence |
f fraud AID avoid Investigation ehieh
you'd avoid interminabIe deplay."