The herald-advance. (Milbank, S.D.) 1890-1922, 1911-06-30
COMMISSIONER BENNETT AND
SECRETARY FISHER DECIDE
FAMOUS CASES.
CUNNINGHAM TO APPEAL
Attempt by Morean-Gugeenheim Inter
ests to Grab Alaska Coal Fields
Caused Long Controversy, Dis
charge Of Pinchot and Down.
fall Of BalIinger.

Washington, ID. c.. - The famous
Cunningham Alaskan coal land claims,
through which it has been alleged That
the ACKNOWLEDGEMENTS syndicate had
planned to extend their vast interests
in Alaska and to control one of the
o valuable coal fields in the world,
were tOdcy finally disallowed by the
department Of the interior.
Secretary of Interior Walter Fisher,
having approved the departments de-
cisions, as handed down by Fred Dem
nett, commissioner of the land office.
the last door is believed to have beer
closed to the Cunningham claimants.
The attorneys have threatened an APP
peal to the United States supreme
court, but such an appeal can be based
only on some point of law involved
and not on the findings of fact as an
nounced by the department.
The CUNNINGHAM claims have been
in the public eye constantly for more
than two years past. They brought
about the Ballinger-Pinchot investiga-
ton by congress and the dismissal
from the public service of Chief For
ester Clifford Pinchot. Louis r. CLAWS,
a chief of field division in the lane
office, and several minor officials.
Both Messrs. Pinchot and CLAWS were
dismissed for INSTRUMENTATION incident
to their attacks on former Secretary
Ballinger, who they claimed was fav-
orably disposed toward the claims.
In announcing the decision today,
Secretary Fisher, who succeeded MI.
Ballinger in March last. declared that
new o land laws are needed in Alas
ka if that territory is to be developed
properly. In a statement the secre-
tary said:
Decision Is Firai.
This is a final decision of the Cum
bingham claims so far as the depart
ment of the interior is concerned. ANY
further proceedings will be merely
formal for the purpose of perfecting
the record in case the claimants think
there are questions of law which they
desire to present to the courts. 1t is
my understanding that it is conceded
that the findings upon the facts by
the department are conclusive.
IL IL tHS lIttutlOH OI the QoDdTI-
ment to proceed at once to a ina de-
termination of all the remaining Alas
kan coal claims so far as this can pro-
perly be done. denying those that
should be denied and granting those
that should be granted as rapidly as
possible.
Il do not believe the present laws
applicable to coal lands in Alaska are
wise Or practicable laws. Neverthe-
less, their provisions must be enforced
first, because they are the law and.
second, because they afford the only
protection to the public welfare
against the abuses of monopoly and
unrestricted private exploitation.
sincerely trust that these laws will
De modified at the next session Of
congress-, so as to permit the develop
ment of the Alaskan coal fields under
provisions that will more adequately
protect and promote the public inter-
est. If, however, there are claims now
pending, which, under the existing law
are entitled to patent, | see no justifi-
cation for not taking action upon them
as promptly as the department can
be assured tina it is in possession Of
the facts upon which such action ulti-
mately can be taken"
Entries Improperly Allowed.
Commissioner bennett in his deci-
sion holding the claims for cancellation
on the ground of fraud, declares that
each OF the thirty-three entries was
improperly allowed because of fatal
defects apparent on their face. He
asserts that the government conclus-
lively established the charges brought
against the claimants and that there
is no doubt but that an agreement ex-
listed among them in violation of law.
The government charged against
Cunningham and his associates that
their entries of the coal land we're
made in pursuance of an understand
ing and agreement, entered into by
all the claimants prior to location. to-
combine the several claims for the
joint use and benefit of all. 1t was
further claimed that the entries we're
made with the unlawful purpose that
they should inure to the use and ben
eft OF an association or corporation.
Among the Cunningham claimants
are a number of the prominent men
of the Northwest.
Fire al MarshaIItown.