The Washington times., 1911-05-19

DECISION EXPECTED
SOON ON ALASKAN
COAL LAND CASES
Cunningham Ruling Will Be
Announced AS Soon AS
Reached.
DENIAL OF PATENTS
WILL ACCENT CRISIS
La Toilette Will Work for Govern
ment Operation of Mines and
Probably Federal Carrier.

Attorneys, public men, and employees
Of the Interior Department are predict
ing that decision In the great case Of
the Cunningham coal claims In Aiaska
may be reached any day. II will be an
nounced Just as soon as It il reached.
More than this, a curious shifI OF
opinion has brought the general i'm
with the case that Clarence Cunning
ham and his principals are going to lose,
and that they will be denied patents 10
the thtrty-three claims that are said to
tse potential gTSts If given to
Men VINO q month ago were positive
that Cunningham would win now un-
Qualihedly predict that he will lose the
claims. They base this on the attitude
Of Secretary Fisher and Commissioner
bennett during the recent arguments
and on alleged inside information from
the Interior Department.
Will AggIavate Coal Crisis.
If the Government wins and patents
are refused, these coal lands will be re-
stored automatically to the public do
main, but will not be subject to entry.
Last autumn President Taft issued an
order Withdrawing from entry all Alaska
coal lands.
Thus the denial of patents viii ag-
gravate the coal crisis in Alaska. The
recent Cordoya coal party, an up-to-
the-minute adaptation of the Boston tea
party to modern Alaska conditions,
sharply reminded the authorities that
Alaska is country which peculiarly
needs coal The furnace has to be OPP
Grated late in the spring and early in
the fall up there. and yet, with the
greatest deposits Of coal in the world,
Alaska must needs buy its coal from
British Columbia. With the Cunning
ham lands returned to the public do
main, there will begin a long contro-
versy as to legislation under which coal
may safely be opened and worked.
Alaska is more concerned about the
privilege Of burning than the duty of
conserving coal. Utmost effort will be
made to get something done - soon
as possible. The Alaska authorities
oppose leasing coal lands, because
! they say IL that is allowed the Gug-
genheims. in control of the trans
portation, will have everything their
own way. They will either get the
leases or control the lessees.
Alaska as a District.
To make the situation more difficult
in this regard, Secretary Fisher has
issued an order directing Governor
Walter Clark that Alaska Is to be
regarded as a district, and not a ter
ritory, for the purposes of interstate
commerce regulations. II II be Ter
ritory. then the Interstate Commerce
Commission has the same Jurisdiction
there which It exercises over commerce
among the States, in the District of
Columbi and in the Territories. II
| Ii is not a Territory, then the COM
mission has no Jurisdiction there.
Governor Clark has been instructed
that Alaska is not to be treated, in
these regards, as q Territory, and
| told that he is himself to assume
general authority in regulation OF
carriers and their charges. Alaska
people consider this q backward step,
| so far as their interests are concern
ed. They look upon II as playing into
the hands of the Guggenheim railroad
| interests, and point out that 1t
strengthens the Guggenheim trans
portation grip on the country.
Secretary Fisher Decides.
The Interstate Commission has de-
cided that Alaska is not a Territory;
but the Supreme Court of the Dis
trict of Columb ia found the commits
sion wrong, though admitting that 1t
| had no power to make the commits
sion adopt that view. Now Secretary
Fisher has for the time being decided
| the matter.
In order to get coal to the Alaska
people as soon as possible. a measure
| will be introduced by Senator La Fol-
lette for the Government operation Of
| the Alaska mines, and probably for
| the construction of a Government
railroad, about fifty miles long. from
the nearest harbor to the Cunningham
section.