The Washington times., 1911-07-10
lie was through action by the Presi-

| Eyes: those lands being included in
the Chugach forest could only be opened
| by Executive action"
THE coal lands were open to entry,
but the Controller bay lands were not?"
Mr.. bennett thought that at the time
| the Cunningham claims were entered,
the Chuach forest was not created; II
| this be so, both the coal lands and the
| harbor lands were open to entry at that
time. Later, the bay lands were placed
in the forest, and not subject to entry.
| lis 1t not a matter of practice that
| Executive orders relating to public
lands are recorded in your officer"
| YES"
DO you recall receiving directions to
prepare an Executive order foG opening
| these bay lands
"On October 10 we received from the
| Department Of Agriculture a draft of
an Executive order to that effect.
noted 1t in our records, and sent 1t to
| the Interior Department"
Explaining the difference between q
proclamation and an Executive order,
insisted that they were practically the
same thing, in the case of withdrawing
| lands from entry.
Proclamation Usual Method.
In the case of the Controller Bay
lands, the withdrawal was made by
Executive order. The almost unbroken
rule has been to do this by proclama-
tion. 1t has been charged that in this
case the Executive order was substi-
tuted because 1t could be done more
secretly. bennett testified that when
the draft Of the order came to him he
believed it contained the usual clause
requiring sixty days notice by anybody
having purpose to enter the lands.
And before that order was signed,
somewhere by somebody that sixty
day clause was cut out?"
1T was not in the order as issued"
ITO leave it out would give manifest
advantage to persons having knowl-
edge?
Not Held Up, He Says.
Mr.. bennett was asked If, after the
order was signed. 1t was held up. He
said it was signed October Is, and on
November copies of it were mailed to
the land office at juneau, Alaska.
Il should say it was not held up"
said Mr.. bennett. evidently of the opin-
ion that a six-days' hold-up was such
little one it ought not to count.
Next came the question of whether
lands could have been entered in the
tract affected by this order before the
order reached Juneau. Mr.. bennett
said they could not, because the lands
, were not surveyed.
Further questioned. Mr. bennett ad-
mitted that despite this, entries have
been made under soldiers additional
scrip to four parcels of this land.
And If valid entries have been made
there is no power in Congress or else
where to take away the land thus legal
ly entered?"
Il think not, aside from possibility of
fraud"
Two Applications Filed.
In this case" went on Mr.. bennett,
IF our maps are correct, two appliCa-
tions have been filed contiguous to the
eighty-rod interval required by law.
One is by J. ]. Ryan, the other by Ar
mold L. Scheuer. 1t would be possible
that this might invalidate the claims "
Have any rights now attached as to
these lands?" asked Chairman Gra-
| ham.
Il am inclined to think they have.
| The law intends to keep open eighty
rod intervals between all locations. IN
der this rule some of the later applica-
| tionS may be invalid. II the first appli-
cation by the Controller Bay people for
terminal lands is valid, then 1 do not
think the later ones, within eighty rods,
would be valid.
But" suggested Judge Fennell, "if
! the first location is Invalid, the two,
| one on either side, would yet be valid
and he would catch it coming and
| going?"
Mr. bennett seemed to think that a
later and valid location could not be
invalidated because of an earlier and
invalid one
Purpose of Inquiry.
The purpose of this line of inquiry
was to develop that the Ryan crowd
has plastered the land with claims
in such fashion that even If It loses
on some. it will still hold complete
control of the whole situation. On
these points Mr.. bennett didn't want
to commit himself; it was law Ques-
tion not to be answered hastily.
But the impression was clearly left on
the minds of the committee that the
lands have been pretty completely over
spread with claims, some of which seem
likely to assure that the Ryan people
will get the control.
Did you ever hear of a certain Dick
to Dick letter, or see it, in files at
the Interior Department." asked Mr..
Fennel abruptly.
Il have no knowledge of It," replied
Mr.. bennett, laughing, except what l
have read in the newspapers"
DO you know If Mr.. Ashmun Brown
is still in the employ of the depart
ment?"
1 uHOcTSlduu lie Is nOl, lndI ne re-
signed. No; l do not understand that
he was dismissed"
Mr.. bennett left with the committee
some maps, plats, etc. He told the
committee how it could learn all about
the Controller bay harbor. by asking
the Geodetic Survey.
Going back to the Executive order,
Mr. bennett said it was usual to re-
Quire thirty days notice before entry,
and sixty days notice before settle
ment.
were left out of an order of this kind,
mediately on the signing of the order,
or only after the order had been re-
ceived in the land office in the vi
cfnity," asked Mr.. Graham.
Immediate Entry Possible.
IF the lands were surveyed entry
could be made Immediately on the issue
of the order"
The special survey of these particular
lands, which was made instantly after
the order issued for opening them, next
demanded attention. One of the sus-
picious circumstances in The Controller
bay affair is that special surveys were
made in unusual haste and circum-
stances. These special surveys hap
pened to fit accurately into the plans of
accommodation to him. 1t has been
charge d that the lands were surveyed so
suddenly that nobody except Ryan and
and his pals knew anything about 1t,
and the Ryan crowd, Of course, got their
entries made before the Executive order