Evening star. [volume] (Washington, D.C.) 1854-1972, 1911-05-08
Attorneys for Cunningham
Claimants Argue Case.
MAY CONCLUDE TOMORROW
Lawyer Says Payment Of Purchase
Price Entities to Delivery.
DENNETT TO GIVE DECISION
Final Dissemination Near In Matter
That Led to Bau1nger-
Pinohot Inquiry.

After having been out Of the public
eye for some time. the Cunningham
Alaskan coal land claims. wnioh
brought about tho BaIlinger-Pinchot
congressional investigation. because OK
charges by Louis r. CLAWS. a former
field agent OF the land ocf1e, today ap-
preached their final determination.
Attorneys for the Cunningham claim
ants appeared to argue their case be-
fore Secretary Of the Interior Fisher,
Land Commissioner bennett and men,
bers Of the board of law review of the
general land office. It Is expected
the hearing will be concluded tomorrow.
E. C. Hughes Of Seattle and John p.
Gray Of Wallace. Idaho, are represent
ing the claimants.
Commissioner bennett is charged
with the duty of handing down the de-
cision. Secretary Fisher determined
to sit at the hearing, however. so that
In case an appeal Is made to him time
and expense may be saved for all par
ties concerned.
The Cunningham coal-land claims,
thirty-three In number. are SO called be-
cause it was Clarence Cunningham Of the
state of Washington, who. while in
Alaska in 1902, discovered the coal which
led to the fling Of claims by himself and
by thirty-two others. Opposition to the
final granting Of the claims wa7 due to
the charge that there was conspiracy to
defraud the government.
Fight Started In 1908.
CLAWS. who wrote to President Taft
charging former Secretary Ballinger with
maladministration Of the public land
laws. started his fight against the Cum
ningham claims early in 1908. He as
serted that through an assignment Of the
Cunningham claims 1.-The Guggenheims'
were about to be given q monopoly Of
Alaskan coal.
The Ballinger-Pinchot investigating
committee filed two reports. the majority
exonerating Secretary Ballinger and the
minority sustaining to a large degr6e the
allegations made by CLAWS. No action
was taken by Congress. and since She
proceedings were directed chiefly against
Mr.. Ballinger his resignation probably
forestalls q congressional verdict
The majority did not pass upon the
merits Of the claims. declaring only that
If they are regular patents they should
be allowed" The committee said 1t found
no reason to doubt that the commissioner
OF the general land Office, with an ap-
peal to the Secretary Of the Interior.
would decide the cases fairly and i'm
partially.
The hearing starting today before Conn.,
missioner Bennett. who therefore, will
probably decide whether the Cunningham
claimants shall be granted patents to
their coal lands or whether these lands
shall revert to the public domain for
future entry. A decision by the Secre-
tary. on appeal from the commissioner
o6 the general land ofice, would be final.
Argument Of MI. Hughes.
~ Hughes. arguing for the claimants.
asserted that az they had paid the pur-
chase price Of the land. and held receipts
from the government for the money this
was equivalent to the actual delivery Of
patent rights. According to the Alaskan
coal land law Of 1904. which. he declared,
was complete in itself, as soon as a
claimant had staked of his land and had
entered It In the registers Ohice he had
Q right to make contracts to sell such
land. provided the claimant was not le-
gally disqualified.
Asked by Secretary Fisher whether he
had read the brief presented in behalf Of
Clifford Pinchot in connection with the
charges In the case, Mr.. Hughes declared
that this brief was only partially correct.
He did not believe there had been inten-
tional deceit, but asserted that the facts
had been "shufned." He did not explain
In what particular the brief was only
partially correct.