The Barre daily times. (Barre, Vt.) 1897-1959, 1911-01-26
NO HELP FOR
BALLlNGER
He Cannot Shift Cunningham
Verdict
BILL FOR COURT DECISION
Not Likely to Be Passed-Democrats
Would Keep Issue Alive-Little
Doubt as to Way Secretary
Will Decide.
BILL FOR COURT DECISION

Washington, Jan. 26.-The responsible
! ity of passing upon the legality OF the
Cunningham claims to Alaskan coal
lands probably will be left with Secre-
tary OF the Interior Ballinger and Com
missioner bennett of the general land
office, in spite of the controversy that
has been waged over this question for
more than year. All hope of enacting
legislation to provide for review OF
these cases by the court of appeals OF
the District of Columbia practically has
been abandoned. Close friends of Secre-
tary Ballinger and Commissioner Dem
nett said that they would not shirk the
responsibility of acting upon the claims
if they were left in their hands.
Secretary Ballinger himself has been
indicated by report from Joint Con-
gress committee, and both the secretary
and President Taft have Joined In rec
ommending that the Cunningham coal
claims, which were the basis of the con-
troversy, be referred to the court of ap.
peals of the District of Columbia for
settlement. Following Secretary Bal
linger's annual report and the presidents
recommendation in his annual message
to Congress, bills were introduced, con-
ferring on the court Of appeals of the
District of Columbia jurisdiction to hear
and determine the Cunningham cases.
Senator Nelson introduced the bin in
the Senate and Representative Mondell
in the House.
The bill was initiated, therefore, by
the chairman of the public lands commit
tee in each House. Under such favor
able auspices, it was thought the bill
would have clear sailing. 1t is charged
now that there is too much politics in
the matter TO permit action on the
measures. From the very outset the
insurgent Republicans, backed by Clifford
Pinchot, opposed the passage of the bill,
Representative Miles Poindexter, sena-
tor-elect from Washington, voicing the
insurgent objection has declared that
it was the duty of the secretary OF the
interior and the commissioner Of the
general land office to decide the cases,
either by passing the claims to patent
or by rejecting them.
The Democrats, scenting the political
advantage TO be gained by keeping the
Ballinger- Piuchot issue alive in the Re-
publican party, have decided, it is said,
against the proposed legislation The
Democratic leaders, backed by the insur-
gent Republicans, have served notice on
the administration leaders in Congress
that the proposed legislation will not be
permitted to pass,
The friends of the administration in
Congress have informed the president and
Secretary Ballinger that the case is hope
less.
1t is the understanding at the cap
itol that Secretary Ballinger believes the
issue in the Cunningham cases should be
settled without delay. In view Of the
refusal OF Congress to relieve him of
the duty Of settling it, he may dispose
of the cases after Congress adjourns.
The claimants having paid their fee, the
secretary believes the government should
not hold the case in allegiance indefinite
ly In view of the secretary's attitude,
that in the absence Of proof
of fraud the cases should go to patent, /
there is little doubt Of what his decision
win be on the showing in the record up
to date. The patents will probably be
issued to the Cunningham claimants /
Then it is expected an uproar viii fol- |
low, and opponents of the Taft admin
istration viii seek political capital
from it.