The sun. [volume] (New York [N.Y.]) 1833-1916, 1911-06-27
CUNNINGHAM CLAIMS INVALID
ORDERED CANCELLED ny LAND
OFFICE OMNfSSIONER.
The Fight Wagcd by Pinchot and CLAWS
Against PatcntinE These Claims Is
Sust taincd We're nt the ISOttom Of
the lSaIilngcr.PInchOt Contro> crsy.

Cunningham coal claims in Alaska. which
figured 20 conspicuo,isly in the intermin-
able Rallinger-Pinchot controversy, are
invalid and were to-day ordered can
celled by Fred bennett. Commissioner
of the General Land Office. Thus the
fight wagcd by Clifford Pinchot and his
friend Louis X. CLAWS against the pat
enting Of these claims has been sus-
tanned by final Government authority.
1t has been the contention of Mr.
Pinchot that the patcntinE OF these
claims would open the way for n mo-
nopolization of the coal lands of Alaska.
the value of which has been estimated
in the hundreds of millions of dollars.
The Guggenheims had an option on tn"
claims when the figh, was begun against
their being admitted to patent. and
Pinchot and his followers have declared
that the coal properties comprised in
the thirty-thrce claims were ultimately
to have fallen into the hands of the Gug
genheim syndicate. That apparently ia
made impossible by to-day's decision.
although the claimants probably will
appeal I, the courts, As to findings of
fact. however. the Interior Department s
decision is final.
The Cunningham claims will thus be
restored to the unentered body Of the
public domain and will continue there
until President Taft's order withdrawing
from entry all Alaska coal lands is re-
voked or Congress has passed a new law
for the control Of these lands.
While the decision in the Cunningham
coal claims is signed by Commissioner
bennett. il is we'll known that it really
represents the views of Walter l.. Fisher
the new Secretary of the Interior. who
succeeded Mr. Ballinger few months
ago. II is safe To assume also that Mr..
Fisher consulted President Taft and other
members of the Administration in reach
ing a decision III this important case.
While the decision justhes Pinchot s
fight against the patentng OF the claims.
it in nowise vindcates his personal attack
upon the character of Mr.. Ballnger.
although the latters friends expect that
1t will be seized upon IA justification
Of the entire Pinchot assault
Pinchot's friends will undoubtedly en-
phasize the fact tina: Mr. Ballnger him
self on December &c. 1905. when he was
Commissioner of the General Land Office.
ordered these claims clear listed which
Louis r. CLAWS contended meant that no
further investigation of them was neces-
eary At that time CLAWS was investigat-
ing the claims under direction Of Com
missioner Ballnger. and he Immediately
telegraphed his protest against the pro-
posed clear listing. Upon the receipt
N Mr.. Glaviss telegram Mr. Ballinger
promptly rescinded the order and neither
he nor any of his subordinates ever sough,
to restore it, Mr.. Bal!ingers counsel
contended when the case was being in.
vestigated that Mr.. Ballnger had ordered
the claims clear listed on the record ther
before him. which not only justified bu,
demanded action by him
MIR. Ballinger represented the Cunning
ham claimants professionally after he hao
resigned as Commissioner of the Genera
Land Office. and before he became Sec
retary of the Interior and because of thi
connection he personally refrained from
passing in any way upon these claim
after he had reentered public life as Sec
retary Of the Interior. This relation will
the Cunningham claimants. several o
whom We're Mf. Rallingers friends, wa
another subject of attack by the Plncho
forces in the course of the Balnger
Pinchot controversy
Secretary Of the Interior Fisher in
statement issued to-day says that an!
further proceedings in regard TO the claim
would be merely formal for the purpos,
of perfecting the record in case the claim
ants think there are questions Of law whicl
they desire to present to the courts.
1T is my understanding, says tn
Secretary. that it is conceded that III
findings upon the facts by the Department
are conclusive"
The Secretary announced that it is tn
purpose Of the Department to proceed q
once to final determination Of all th
remaining Alaskan coal claims. Of .whc
there are many The Secretary expresse
his lack Of sympathy with the present Law
applicable to the Alaska coal lands, bu
declares that they must be enforced be
cause they afford the only protection to IN
public against the abuses of mono pol
and unrestricted private exploitation
He expresses the hone that Congress wi
enact laws at the next session whic. wi
permit the development of the Alask
coal fields under provisions that will ade
Quately protect the public interest
The Cunningham claims were locate
by Clarence Cunningham of Spokane an
thirty-two Of his friends back in 1902 il
the Controller Bay region OF Alaska, Fac
claim is a fraction less than half a mil,
square including about 1850 acres, all q
them aggregating $3.50 acres The VAIN
of the coal deposits on the Cunningham
claims have been variously estimated
Stephen Birch. managing director Of III
Guggenhem interests in Alaska last yea
told the State Committee on Ierritorle
that there was about s5D 900 900 worth {
coal in the thrty-three claims and tina
there would be siOO, 900 600 of profits fo
the people who developed them Othe
experts have given lower estimates.