The sun. [volume] (New York [N.Y.]) 1833-1916, 1911-06-27

dragged along the series of invest cation,
Secretary Ballinger before he retired
asked Congress TO pass a law referring
he claims to the Court Of Appeals of the
District Of Columbia for adjudication.
President TAFT also advocat ed this course.
hut the Democrats and insurgent Repubh-
Cane, who insisted on keeping the bal
lingcr issue alive, refused to pass such "A
law. Secretary iIallinger asked for this
disposition of the case because he pre-
ferred personally to have the claims
passed upon by authorities who had been
in no way concerned in the controversy.
1t islbelieved tina, the failure of Congress
| to enact such a Law was one of the reasons
that prompted MIR Baliiuger 10 tender his
, resignation and thus leave the President
free to choose another Secretary to pass
on the claims Secretary Fisher took
UP the matter as soon a. he entered Office.
! The Alaska coal land laws make invalid
entries executed by claimants who hav.
an understanding or agreement prior TO
| locat ion TO combine the several claims
, for the joint Use and benefit of all. The
! Government Contendcd thai IN the case
of the Cunningham claims entry was
| made with the unlawful purpose and IN
tent that the titles acquired should inure
to the use and benefit Of an association or
| CORPORATION formed by the claimants.
! The Government con'ended also that
the laws had been violated. that no mines
OF coal were opened or improved on any
of the several tracts Also II WAS charged
that there were defects in the paper OF
entry affecting all the claims
The claimants attempted on two or
three occasions to reach an agreement
with the Guggenheims in regard to their
coal claims On July ~. 1908. committe.
representing the claimants met Daniel
| IN mi h.aif
ration be formed with capital stock OF
S. uDn,UW divided into $4,000 shares (;
that the title.to all the properties be trans
ferred TO the corporation. in consideration
for which 5000 shares OF the stock were
to be dist ributed to the vendors OF the
claims. the remaining %. 600 shares TO be
delivered to Guggenheim upon the pay
ment of $3.50, 900. to be used as working
capital by the corporation in the equip
ment. development and operation OF the
property Guggenheim was given the
exclusive privilege to purchase the run
of the mine for a period Of twenty-five
years az the rate of 81 rs a ton. Guggen-
helm was TO build a railroad from the
mine 10 tidewater. Guggenheim sent
experts TO examine the property and
thought 40 we'll Of il that he notified the
committee of his acceptance OF the propo-
sition Several Of the claimants objected
10 the terms of the agreement and with
drew their deeds
Commissioner bennett says in his re-
port
Carving into effect the purpose Of ac-
quirine this coal field for the common Use
and benefi, OF the members Of the associa-
tion claims were located and entries made
in the names Of individuals hut the making
of these locations and entries in tho manner
indicated were hut incidents in the trans
| actions but means to an end. and names
, of indiydu were used only 10 eNect a
colorado compliance with The law. Each
location was made and each tract was
ientered with the understanding and under
. an agreement that the lands SO located
! and entered should be held for the common
| use an; benefit of all the members in the
= aSsooia ion. and II was futher undefs'o ood
and agreed that the claims located and
, entered for the common use and benefit
should be consolidated into one property
and taken over by corporation TO be or
ganized bv the members of the association
\ They exercised no choice IN the seec-
I tion of their claims. manifes'ed no interest
: in their individual value and except per
I hap- Baker sought no information "a to
their respective locations The field ioin'ls
acquired hy all OF them and explored at th'
common expense was the only object %
:. their solcitude
Commissioner bennett finds also tha
allowed because of fatal defects appar
. ent on the face Of the papers.
PINCHor's TIP TO CONGRESS.
Clifford Pinchot gave out yesterday
e the following statement
[ The cancellation Of the Cunninghau an
claims is proof given bv the Administration
g itself that the nghf made against II to pre-
p, ven, coal MONOPOLY in Alaska was not orl!
. successful but necessary and right. Thi
!. victory insure~ tho cancellation of multi
II tud.s Of other fraudulent claims in Alasta
5 | have not vet seen the tex, of the decision
: II should result ia saving the most vaiuah'
I coz, fields s'ill in Government ownership
= for the usa of the people IT the nght ha'
q rot been made the tunringham claim
y would have been patented long ago an! h.
his time coal monopoly in Alaska woul
- have trsn m assured fact. The yiPorou
~ attempts made during the investigation b.
II counsel for III" Interior Department to sho'
a that the claims were valid leave little douh
= ,ha, they would have been patented ha
the Administration been allowed 10 proceed
q our fight. however. is not yet fully won
II ie still possible that n secret order OF las
u October, hy which President Taft opcnc
- he harbor front Of Controller Ray, n
', natural outlet for the coal. 10 acquisition h
n special interests. may result in coal monoI
n oily through monopoly of TRANSFORMATION.
Now that the claims are cancelled IN
10 one imperative need for Alaska is an homes
Ir coal land Law opening the coal 10 immedi a,
IS development under lease from the Govern
If men' The passage Of such n law was pre-
It vented AZ the last session of Congress nv n
n failure of the public lands committees {
" the House and S-na'. to report bills honestl
in the public interest ! see no reason VIII
n the passage Of u coal LEASING law shoul
~ await tho next session OF Congress
i ought to he passed at once.
" New Foreman Of Grand Jury.
., Judge Malone Of General Sessions ha
4 appointed Frederick Blackall, a contra,
'r tor foreman Of the June Grand Jury
AZ place Of Evert J Wendell MIR. Wende