Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1911-06-27


lar claim had been allotted to particular
his name
| The original agreement with the Gug-
! genhemS contemplated the formation of a
corporation as soon as the titles were Sc
! cured. This plan gave the Guggenhems
| the right TO mine the coal on royalty
| basis. The Guggenheims also were to
! build a railroad from the mines 10 the coast.
A. finally entered INTO the agreement with
| The Guggenheims for sale aroused seri-
! Gus objection from several of the claim
, ants.
The fact, says Commissioner bennett.
that it was represented 10 the Guggen-
helms Chat there were thirtv-threc indie
| pendent claimants TO be reckoned with in
: no wise strengthens tae defense. 1t is
not 70 be supposed that any sane men
| representing these entrvmen as d commit
tee would suggest to It prospective pdrehas-
er Of the property that the claims were
Illegal and the several entries sub5set to
forfeiture.
That all the work so far done was
paid from the common fund Is not de-
MED. It is admitted b. the claimants
and frankly stated in the brief OF their
counsel that one claim OF 100 acres can
mol oo prontabiy worked, that some time
and somehow the claims must be operated
together Is It reasonable 10 suppose that
business men would agree 10 the common
investment OF their moneys 10 Jointly ex-
ptore a coal field in Alaska with Tie un-
Outstanding that the several claims should
be operated separately. or with no under
standing with respect thereto Would they
consent 10 spend money jointly where there
vas 10 be no common profit?
Knowing that an area OF $50 acres
Gould not be successfully operated aud
tHdl The greater Inc area the mora val
liable tie property, would men connected
by ties OF blood have consented tina; their
claims be scattered throughout The field.
Would men who had been associated a.
partners since their youth and had crown
rich together have agreed 10 the placing
o. th,iE claims al remote distance from
each other? II each claimant wa 10 rr-
GIVE single tract and no interest ia any
of4er, would Cunningham have loca,ea IA.
great majority Of the men who hlt went
..a55 jhe scheme ard made its sderess pos
lrie on the timber claims OF the south
eru Tier, claims which possessed buf iittle
yalue as compared with tn other
II there was no agreement, would Glar-
ente Cunningham III April. 1SdI Estore
a any OF the certificates we're issued nave
entered into negotiations with the Guggcu-
helms looking 70 the disposition OF tie com
timed properties
The amount contributed by the sever
al entrymcn were substantially the same.
IF fl WIS not understood there wa 10 be
common profit would the sixteen upon
~Anse claims nothing whatever vas done
have pefHitled the use OF their funds Tor
the development OF The other claims ard
would - Of them have suffered their Joint
funds 10 De expended in driving the
peasiSe tunnels on one claim
4 further discussion OF the facts is
mo- necessary. They speak for themselves
and speak plainly There was not at any
Time a single act performed that con
neeted any claimant with the precise tract
he claimed to locate There Wa not a
dollar spent by any locator individually or
by any agent oil the land he entered, but
every act done and each dollar disJarsed
were for The purpose of determining whe-
tier the field as a whole contained work
able deposits OF coal.
Prior 10 the hearing, eighteen OF the
ton OF IN oath, thai they proceeded from
the beginning with the understanding that
when the patents were secured they would
form a company Tor tae development Ct thc
property.
The plan from the outset was 10 ar
Qui9e a coal Gsid Al Joint expense TO be
developed for tire common benefit. There
was not At an. Time departure from this
original compact save The substitution of the
salary 10 cunningham Tor ;he onc-eishth
interest he intended TO secure in the sew
eral claims.
Carrying ato elect The purpose Of ac-
curing this coal field for the common use
ana D,neft Of the members of the Assoc
citation, claims were located and entries
made in The names of individuals 3ut he
making Of jtese locations and entries in ihc
manner indicated were but incidents in the
TRANSACTION. but means to an end. and the
names OF the individuals were used only
to effect a colorado compliance with the
law.
They exercised no choice in the selee-
ton Of taeir claims, manifested no inter-
est in their individual values, and Except
perhaps Baker, sought no information OF
their respective locations. The field Joint
ly acquired by all of them and explored
at the common expense was the only object
OF their soliciuGe.