The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-05-08
OLD CASE REVIVED
Alaska Coal Lands Claims Comes
Up for Argument.
Is an Echo OF the Ballinger-
PinchOt Controversy.
BENNETT TO DECIDE.
Secretary Fisher Will Be Pres
ent at the Hearing
In Order to BE Prepared to Hear
an Appeal.
BENNETT TO DECIDE.

Washington, May S.-After having
been out of the public eye for some
time, the Cunningham Alaskan coal
land claims which brought about the
Ballinger-Pinchot congressional inves-
tigation because of charges by Louis
r. CLAWS, former field agent of the
land office, today approached their de-
termination, Attorneys for The Cum
ningham claimants appeared to argue
their case before Secretary of the III
terror Fisher, Land Commissioner Den
nett and members of the board of law
review of the general land office. 1t
was expected the hearing would. be
continued tomorrow.
z. c. Hughes of Seattle and John P
Gray of Wallace, Idaho, represented
the claimants.
Commissioner bennett is charged
with handing down the decision. Sec
rotary Fisher determined to sit at the
hearing, however, so that in case an
appeal is made to him, time and ex-
pense may be saved for all parties con-
cerned.
The Cunningham coal land CLAIMS
thirty-three in number, are socalled
because it was Clarence Cunningham
of the state of Washington who while
in Alaska in 1902 discovered the coal
which led to the filing of the claims by
himself and two others. Opposition to
the granting of the claims was due to
TIC Sc lIldl there was d COHSp
to defraud the government.
CLAWS, who wrote to President Taft
charging former Secretary Ballinger
with maladministration of the public
land laws started his fight against the
Cunningham claims early in 1908. He
asserted that through an assignment
of the Cunningham claims the Gug-
genheims were about to be given a
monopoly of Alaskan coal"
The Ballinger-Pinchot committee
filed two reports. the majority exoner-
ating Secretary Ballinger, and the mi
uority sustaining to a large degree the
allegations made by CLAWS. The ma
tority did not pass on the merits of the
claims.
The hearing starting today before
Commissioner Dennet will probably
decide whether the Cunningham
claimants shall be granted patents to
their coal lands or whether these lands
shall revert to the public domain for
future entry.
Mr.. Hughes, arguing for the claim
ants, asserted that as they had paid
the purchase price of the land and held
receipts from the government for the
money, this was equivalent to the ac-
tual delivery of patent rights. Ac
cording to the Alaskan coal land law
of 1904, which he declared was COM
plete in itself, as soon as a claimant
had staked off his land and had en-
tered it in the registers office he had
2 right to make contracts to sell such
land, provided the claimant was not
legally disqualified.
Asked by Secretary Fisher whether
he had read the brief presented in be-
half of Clifford Pinchot, in connection
with the charges in the case, Mr..
Hughes declared that this brief was
only partly correct. He did not be-
lieve there had been intentional de-
ceit, but asserted that the facts had
been "Shuffled." He did not explain
in what particular the brief was only
partly correct.