The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-01-02
ASK Him to Act in Gun
ningham Alaskan
Coal "Grab. =
AGAIN OPPOSED
TO BALLINGER
Declaring That Government Is
Being Robbed, They Ask That
President Refuse to Await
Action of Courts as Has
Been Recommended to
Congress.

TAFT was appealed 10 to-day by forster
Forester Gincrd Pinchot and his broth
or. Amos Pinchot. to cancel imme-
dintcly. without further hearing. the
Fo-callcd Cunningham Alaskan coal
claims. In voluninous brief filed
wth the President, in accordance with
permission given In a letter written
10 them by Secretary Norton on No
Ncmber Q. Mr.. Pinchot and MS brother
contend that the record in the Gaze
'abundantly proves that the claims
were Illegal. and that from the begin
ming the claimants have conspircd to
dcfraud the government"
NO resort to court or a rchcnrins
OF tie case Is necessary TO secure JUS
lice and protect tho peoples property"
says tho brief. The case against tho
claimants is already conclusive. We
believe the duty OF tho executive in
regard to the cl;ms Is obvious and
immediate The cluims should be can
celed by the President forthwith
Oppose BaiifnEcr.
Mes.rs Pinchot thus oppose the rec
concentration 10 Congress made by
Secretary OF tho Interior Ballinrcr. in
his annual report that tho Cunning
ham cases be referred 20 tho Court OF
Appeals Of the District OF Columbia FOR
Adjudication, owing Ia the wide dis
cussion and popular interest they have
provoked. largely owing TO their al
legci value and method Of attempted
acquisition Those cases have been
pending before the General Land Once
for several years.
NO transfer OF the Cunningham
cases 10 n court for decision upon Tho
prescott record would relieve The cN-
ecutivc department. OF rcsnonsIbiIity
Tor failure TO have the case against tho
Claimants fully presented by attorneys
OF experience and ability, and Tor
om'ttinG 10 produce all the evidence
mi FRI "a ,,s L.. - ~
after charging that lin spite OF The
ciearness of the existing proof we be-
lieve 1t TO be our public duty-to point
out thar the whole OF the case against
the claimants has not hccn presented
the charge also is made By the PIN
ehois mat certain evidence OF CON
epiracy WIS suppressed by agents OF
INC Land Office: that available evidence
In existing documents was no, nro-
duced, and that the governments ca.c
sell"
Inv Is Defective.
INC evidence I'll this case goes much,
'aitnpr 'han 10 establish the fraud OF
attempting by subterfuge 10 aco,iirr
from the government more coal land
than the law allows" saws tho ahrior
~ shows that from the beginning m,
claimants acted with the definite ana
sustained intention OF defeating tho
P"4 posc ana essential spirit
OF inc law--thc spirit and purpose ~
prevent monopoly and secure comment
i've development OF tho nution's re-
sources. The law under which na,cnts
Tor these claims are asked lis defcc
i've IN that 1t contains no provision
~ j.. c,eHt combination after titles are
secured This fact makes IL even more
imperative to enforce, strictly mo m
VISION forbidding agreements To com
pinc maze before patents arc issued
onlS mus can monopoly he prevented
>. ,nesardinG the effect OF monopoIv in
,hat me brief says: 1T is evident
tnat an enormous saving can be made
20 INC people OF Alaska, to the whnIe
'Sorlhwest and to the United states
onen Omen " un only these coal mines are
.,oh, IL charges that the industries
o. -,laska have been for years largely
MI me hahnS OF great and oppressive
which has kept out other canitai'
at n standst!ll." ''''
;tne government is supported bv dye
iluin lines OF evidence, cited as fol-
First. the history OF the operations
or the Cunningham cntrymen in Alas9
IA, as derived from their own records
anu statements. shows that from be-
OF single association engaged in
occurring joint property, and that
me claimants never owneN these
claims separately.
ri Owned by Assoc,atIon.
Second. The book OF accounts or
thc Cunningham group and tho renorJe
n!hde by It's agents are all evidently
based on the assumption thai ali IN.
ciaims arc one property. owned By one
associations. oS
Third. From nrst to last, the sub
scribers took no interest whatever in
INC situation or value of the Dar-
s t,Gnlar claims entered In their rcspec-
aivc names. They cared only for tho
value OF the claims as IL whole.
Fourth Within the shortest practi-
GAME time after final certificates we're
combine. provided there had been no
prior agrcemenD. the Cunningham as
sociates TOOK steps to turn over their
Exams s TO cooperation on basis OF
equal shares. although they knew their
claims were of unequal value
Fifth. More than one-half the
sela a have admitted in anidavits
mutual understanding that they would
combine their claims after titles were
secured ana one so confessed at tho
Discussing the charge that import
ant evidence against the claimants
was suppressed by Land Office agents,
INC me brief says, John w. Dudley, reg
Nlaska. one OF these agents, went so
Tar as to advise Cunningham specin .
Saliy now ono OF the claimants. who
mad told the truth in his affidavit
Etrikc out evidence Of fraud anil avoid
investigation, which will ut least In
Solve an interminablc delay"
In support of their contention that
me governments case was inndcouate-
~ presented during tho hearings. elf
FORD rinchot and his brother assert
mat James S. Sheridan. who was as
fGo9tinucd on Third page.)