The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1911-01-06

| ford Pinchot, former forester, and his
brother, Amos Pinchot, to cancel i'm
mediately, without further hearing,
the so-called Cunningham Alaskan
coal claims. In brief filed with the
president, in accordance with permis-
sion given in a letter written to them
by Secretary Morton, November 8,
Mr.. Pinchot and his brother contend
that the record in the cSe "abund-
antly proves that the claims are il
legal and that from the beginning the
claimants have conspred to defraud
the government"
NO resort to court or a rehear-
ing of the case is necessary to get
justice and protect the peoples prop
erty," says the brief. The case
against the claimants is already con-
elusive. We believe the duty of the
executive in regard to the claims is
obvious and immediate. The claims
should be Cancelled by the president
forthwith.
mo transfer of the Cunningham
cases to a court for decision upon
the present record would relieve the
executive department of responsibility
for failure to have the case against
the claimants fully presented by at
torneys of experience and ability, and
for emitting to produce all the evi-
dence of fraud available" declares
the brief, after charging that 'in
spite of the clearness of the existing
proof we believe it to be our public
duty to point out that the whole of
the case against the claimants has
not been presented.
The evidence in this case goes
much farther than to establish the
fraud of attempting by subterfuge to
acquire from the government more
coal land than the law allows. 1t
shows that from the beginning the
claimants acted with the definite and
sustained intention of defeating the
primary purpose and essential spirit
of the law-the spirit and purpose to
prevent monopoly and obtain compet-
tive development of the nations re-
sources"
Regarding the effect of monopoly
in Alaska the brief says:
1T is evident that an enormous
saving can be made to the people of
Alaska, to the whole northwest and
to the United States navy, if only
these coal mines are opened under
conditions of competition" 1t charges
that "the industries of Alaska have
been for years largely in the hands
of great and oppressive monopoly,
the Guggenheim syndicate, which |
has kept out other capital, throttled
and held Alaska at
standstill."
The brief recites that the case for
he government is supported by five
main lines of evidence, cited as fol-
ows:
/. The history of the operations of
he Cunningham entrymen in Alaska,
Is derived from their own records
md statements, show that from be-
ginning to end they were all members
If a single association engaged in
Icquiring a joint property and that
he claimants never owned these
laims separately.
.. The book of accounts of the
group and the reports
rade by it's agents are all evidently
'ased on the assumption that all the
laims are one property owned by
ne ASSOCIATION.
8. From first to last the subscrib-
RS took no interest whatever in the
or value of particular claims
ntered in their respective names.
4. Within the shortest practicable
ime after final certificates were is
ued. the Cunningham associates
1ok steps to turn over their claims
} a corporation on basis of equal
hares.
>. More than one-half the claim
nts have admitted in affidavits that
ley had always acted with a mutual
that they would COM
inc their claims after titles were Sc
lred and one so confessed at the
earrings.
Richard Ballinger, secretary of the
terror, has forwarded to the senate
nd house committees on public s
nds draft OF the proposed legis-
tion transferring to the District of
court of appeals the Cum H
CHAM coal cases. -