Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1911-06-30
KILLS THE ALLEGED
alaska COAL GRAB
SECRETARY OF INTERIOR FISHER
ORDERS CANCELLATION OF
VALUABLE LAND CLAIMS.
DECISION BASED ON GROUND OF FRAUD
Famous Case, Out of Which Grew the
BaIlinger-Pinchot Controversy and
Which Has Been Fought for
Years, Finally Settled.

Washington, D. C.-The Cunning
ham Alaskan coal land claims,
which brought on the Ballinger-Pin-
| cnot controversy, were decided by
| Secretary of the Interior Walter l..
Fisher against the Morgan-Guggen-
helm syndicate, who, it is alleged,
had planned through the claimants, to
extend their vast interests in Alaska
and control one of the richest coal
fields in the world Fraud was the
ground on which the decision was.
based The last door is closed to the
Cunningham claimants through the de-
cision which was handed down by
Fred bennett, commissioner of the
land office, and approved by Fisher.
The attorneys for the claimants have
threatened to take the case to the Uni
ted Safes supreme court, but such
an appeal can be based only on some
law point involved, and not on the
findings of fact.
The cancellation of the claims
closes one of the most bitterly
fought controversies of the Taft ad-
ministration. The case has been in
the public eye for two years. 1t
brought ont the Ballinger-Pi -Pinchot in
vestigation by congress, the dis
missal from the public service of
Chief Forester Clifford Pinchot and
Louis R. Dlavis, a chief of field divi-
sion in the land Office, and was sup
posed to be responsible for the later
resignation of Secretary of the In
terror Richard A. Ballinger.
In announcing the decision of the
department Secretary Fisher, who
succeeded Ballinger in March last, de-
clared that new coal land laws are
needed in Alaska if that territory is
to be developed properly. In a state
ment he said: This is final de-
cision of the Cunningham claims so
far as the department of the interior
is concerned. 1t is the intention of
the department to proceed at once to
a final determination of all the re-
naming Alaskan coal claims so far as
this can properly be done. ] do not
believe the present laws applicable to
coal lands in Alaska are wise or prac-
ticable laws. Nevertheless, their pro-
visions must be enforced, first, be-
cause they are the law and, second,
because they afford the only protec-
tion to the public welfare against the
abuses of monopoly and unrestricted
private exploitation. | sincerely trust
that these laws will be modified at the
next session of congress"
Commissioner bennett, in his de-
cision on the ground Of fraud, declares
that each of the 33 entries was i'm
oil &c oto1 40
fects apparent on their face. He as
serts that the government conclusive
ly established the charges brought
agaist the claimants, and that there
is no doubht but that an agreement
existed among them in violation of
law. The 33 claims involved amount
ed to an aggregate area of $3.50 acres.
The value of the land has been esti-
mated high in the millions. The coal
embraced in the claims is said to be
the finest in the world.
In his report bennett finds that
the claimants, many of them are
wealthy and prominent men of the
northwest, made their entries on the
coal lands in pursuance of an agree
ment to combine the several claims,
form a corporation, and permit the
Gdggenheims to operate the property
on a royalty basis. The Guggenheims
were also to build railroad from the
mines to the coast. The various
claimants were interested in the Alas
kan coal situation in 1902 by Clarence
Cunningham, who made the filings
and conducted most of the negotia-
tions. The claims were once clear
listed for patent but were held up at
| the request of CLAWS. In the many
| hearings on the case extending over
a period of several years, it was not
denied by the claimants that all the
work thus far done has been paid
| for out of common fund. Commits
| sioner bennett sees in this proof that
the claimants had entered into a
scheme to violate the law, which does
not permit such pooling o. interest
in lands opened by the government.
! "If there was no pri0r agreement,
says bennett, would Clarence Cum
ingham in April, 1907, before many
of the certificates were issued, have
entered into negotiations with the
Guggenh eims looking to the disposi-
ton of the combined properties?"
Concluding his report bennett says:
THE plan from the outset was to ac-
quire coal field at joint expense to
| be developed for the common benefit.
Carrying it into effect, the purpose of
acquiring this coal field for the COM
mon use and benefit of the members
of the association, claims were located
and entries made in the names of in
dividuals, but the making of these To-
cations and entries in the manner in
dicated were but incidents in the
transaction, but means to an end, and
the names of the individuals were
used only to effect colorado com
pliapce with the law"