davidaulloa/AmericanStories huggingface dataset:
The Oskaloosa herald. (Oskaloosa, Mahaska County, Iowa) 1885-1919, 1911-07-27
Postscript to Letter Charging
Undue Family Influence Pro-
nounCed Wicked Fabrication
DEFENDS BROTHERS. NAME
Mr.. Taft Gives Congress Adminstra.
ton Explanation of Controller Bay
Incident, and Scores Authors OF
"VIciousIy False Statements"

Washington, July 26.-President
Taft today sent to the senate the fol
lowing special message in response to
resolution adopted Oh June u:
To the Senate of the United States:
On June 81 last, your honorable
body adopted the following resolu-
ton:
Resolved, That the president of the
United States be. and he is hereby, re-
quested to transmit to the senate of the
United States copies of all letters, maps
executive or departmental orders or in
structions, surveys, also applications to
enter land, or for rights of way for rail
roads or otherwise, and all other official
reports, recomme ndations documents or
records in the departments of war, in
terror, and agriculture, or by any of the
officials or bureaus of these depart
ments, not included in the report of the
secretary of the interior of April Is.
1911, printed as senate document No T.
siXty-SecOnd congress, first session, re-
lating in any way to the elimination
from the Chugach national forest in
Alaska, of land fronting upon Controller
bay, approXimaung 1850 acres; espe-
Cially referring TO such papers, dOCu-
ments, etc, as relate to the applications
of the Controller Railroad G. Navigation
Co. for rights of way or confirmation
of its maps Of rights of way or harbor
rights or privileges in or near to the said
Controller bay, or upon the Chugach ma
tiOnal forest, or upon lands eliminated
therefrOm, or upon the tide lands or
shore lands of the said Controller bay.
with such information, il any, as Is in
the possession of the war department, re-
lating to the character of Controller bay
as a harbor, its soundings, and desig-
nation of those portions of the harbOr
which are available for the use Of deep
water vessels.
Also. to include in the report hereby
requested the names of the soldiers
whose claims are to be used as bases for
the applications for the land referred TO,
the mesne and subsequent assignments,
and other data relating thereto, with a
statement of the present status Of all
said applications to enter said lands or
for rights of way thereon
! herewith submit copies of all the
documents above requested. The rec
ords in the Department Of Commerce
and Labor are not asked for in the
resolution, but the Secretary of the
Interior has secured from the Secre-
tary of Commerce and Labor certain
documents relating to the subject mat
ter on file or of record in the Bureau
OF Coast and Geodetic Survey, and
those are transmitted as part of the
documents furnished me by the Sec.
rotary of the Interior. | also submit
such documents as are on the execu.
tive Office files relating to the execu-
tive order OF October 20 last.
deem 1t wise and proper to accom-.
pany the submission OF these docu.
ments with statement in narrative
The Oskaloosa herald. (Oskaloosa, Mahaska County, Iowa) 1885-1919, 1911-07-27

vs.. Beach, 1s6 u. s., 54S.550) In prac-
tice the same publicity is given to
each. Both are sent to the state de-
partment for record. (See the letter
from the secretary of state-record
exhibit) The custom is to advertise
neither proclamation nor an execu-
tive order. Each is merely handed to
the representatives of the press after
being executed, and is sent to the
large mailing list of the state depart
ment. That course was here pursued
in respect to the executive order of
October %, 1910. In accordance with
custom, copies were sent to the In
terror department and the agricultural
department, because they we're espe.
cially concerned.
The charge has been made that
this was secret order, and that
though 1t was made in October, 1910,
no one knew of 1t until April, 1911.
This is utterly unfounded. The state
ment of Mr.. Vernon (Record exhibit)
the correspondent of the Post-Intelli-
gencer, of Seattle, newspaper OF
wide circulation among a people most
interested in Alaska shows that ten
days before the order was made, news
of the details of Ryan's application
and the probability of it's being grant
ed was given wide publicity. It fur
Their appears from the records of the
interior department that the evening
tho nrInr ctonaI sTaTNhnr 101nr
full notice of the issue of the order
and its details was furnished by the
department to all correspondents in
the form. of a news bulletin Finally,
the agent of the Associated Press GER
ttfies that at 1928 p. m, October %,
1910, there was sent out by. that asso-
citation to all its newspaper clients a
telegram taken from a typewriter
statement issued by the interior de-
partment, as follows:
Washington, Oct. %. - Approx
mately 1880 acres of land in the
Chugach National forest, Alaska, have
been restored by the president for dis
position under appropriate land laws,
according to information made public
today by the interior department.
These lands are situated on the coast
line of Controller bay in southern
Alaska near the Cunningham claims,
and have been found upon examina-
ton to be of little value for forestry
purposes"
1t would be difficult to prepare an
advertisement more informing to the
public or more likely to attract the at
tention of all likely to desire acquisi-
ton of land on Controller bay. On
the 10Th, the chief forester sent a
telegram making a similar announce
ment to his district forester at Port.
land Ore
The Oskaloosa herald. (Oskaloosa, Mahaska County, Iowa) 1885-1919, 1911-07-27
Assumes All Responsibility

1t had been originally suggested by
the forestry bureau that $4,000 acres
might safely be eliminated so far as
forestry purposes were concerned, but
fear had been expressed by one of the
district foresters that such a large
elimination would offer an opportunity
to the company to use land scrip and
and the result of the joint considera-
ton of both departments had been the
reduction to 800 acres.
| wish to be as specific as possible
upon this point and to say that alone
am responsible for the enlargement of
the proposed elimination from 800
acres to 1880 acres, and that | pro-
posed the change and stated my rea.
sons therefor, and while both secre-
tares cordially concurred in it, the
suggestion was mine.
The statement OF Mr.. Ryan, who had
been properly vouched to the forester
by two gentlemen whom | know, Mr..
Chester Lyman and Mr.. Fred Jennings,
and who had produced letter from a
reputable financial firm, Probst, Wetz-
Ter & Co., was that the railway COM
pany which he represented had ex-
pended more than $4,000 in making
preparations for the construction of a
railway from Controller Bay to the coal
fields, 25 miles away, but that they
were INSTRUCTED in so doing by the Or
der reserving the Chugach forest res
ervation, which covered all of the Con-
troller Bay shore. He. as well as
Probst, Wetzler & Co., gave every as
surance that the Copper River Railway
company, owned by Messrs. Morgan
and Guggenheim, had no connection
with them. and that they were en-
gagged in an Independent enterprise in
good faith to build an independent rail
road. No evidence to the contrary
has been brought to my attention
since
or course 1t was possible that the
owners Of the Copper River Railway
company might attempt to buy this
railroad when, and II. II was built. 1t
was possible that Mr.. Ryan was act
ing in the interests of the Copper
River railroad, although ] did not be-
Iieye Il; but, whether this was true or
not, / was clear that the order OF elm.
nation by reason OF the restrictions
Of the act of congress hereafter ex-
planned, would not permit the owners
of either railroad to shut out any other
capitalists who might desire 10 con-
The Oskaloosa herald. (Oskaloosa, Mahaska County, Iowa) 1885-1919, 1911-07-27
Asks CHANGE of Venue.

Des Moines, July 26.-Special
Charging that the steel trust is
heading all attack on the structural
steel workers union in Iowa, Charles
o. Holly asks for a change of venue
for the six union men against whom
information charging rioting have
been filed. He says he has evidence
that the arrests were brought through
malice at the dictation of the steel
trust and that an organized effort is
being made to break the union in
Iowa, as is the case in the eastern
states.
The Oskaloosa herald. (Oskaloosa, Mahaska County, Iowa) 1885-1919, 1911-07-27
Accuses Bushes Men.

Iowa City, July 26.-Special: The
fight against the mail order and cat
alogue houses of the big cities was
continued at the Monday noon meet
ing of the Iowa City Commercial club
when a number of speakers were call
ed upon for their opinions. David
Brant, editor of the Iowa City Repub-
lican, created a sensation when he
arose and stated that it was useless
to try to influence the farmers of the
county not to purchase from these
mail order houses so long as 80 per
cent of the business men of the city
were patronizing such houses.
The Oskaloosa herald. (Oskaloosa, Mahaska County, Iowa) 1885-1919, 1911-07-27
Reason for Attack.

The order has been attacked on the
ground that it did not contain a pro-
vision delaying it's taking effect for 80
days after its publication as orders
restoring land to settlement by home
steaders frequently do. An examina-
ton of the record furnishes an expla-
nation of this feature of the order as
made. When in October the two de-
partments had agreed, with my acqui-
escence, that the order should be an
elimination of only 80 acres, an order
describing the 800 acres directing it's
restoration to settlement and contain
ing the usual provision postponing its
taking effect 80 days was prepared in
the forestry bureau and forwarded to
the interior department There is was
deemed wiser to spread on the face
of the order a specific declaration
that it was made to afford terminals
for the Controller Railway & Naviga-
ton company, and as no one else was
expected to intervene and take up any
part of the eliminated tract, the res
toration was made immediate.
The form thus amended was sub
mitted to the secretary of agriculture,
who expressed his preference for the
immediate restoration order through
his solicitors memorandum on the
face of the order, as follows:
Mr. Clements, Assistant Attorney
in the Interior Department: We think
this o. X. The secretary says it is
the direct way, and appeals to him.
GEO. P. M'CABE."
Before closing, | desire to allude to
a circumstance which the terms of
this resolution make apt and relevant.
1t is a widely published statement at
tributed to a newspaper correspondent
that in an examination of the files OF
the interior department a few weeks
ago a postscript was found attached
to a letter of July IS, 1910, addressed
by Mr.. Richard S. Ryan to Secretary
Ballinger-and in the present record
urging the elimination of land
enough for terminals for the Control
Ter Railway G. Navigation company
The postscript was said to read as fol
lows:
Dear Dick: | went to see the presi
dent the other day He asked me
who 1t was | represented told him
according TO our agreement, that
represented myself. But that didn't
seem to satisfy him. So I sent for
Charlie Taft and asked him to tell
his brother, the president. who 1t was
really represented. The president
made no further objection to my
.Ioin, vours DIrKn
The Oskaloosa herald. (Oskaloosa, Mahaska County, Iowa) 1885-1919, 1911-07-27
Chuqach National Forest. Alaska.

Under authority of the act of con-
gress of June 4, 1897 go Stat, II,
at "a and 36), and on the recommends
ton of the Secretary of Agriculture, it
is hereby ordered that the proclama-
ton of February %, 1909, enlarging
the Chugach National forest, be modi-
fed to reduce the area of such ma.
tional forest by eliminating therefrom
the following-described tract, contain.
ing approximately 1880 acres OF
land, which has been found, upon ex-
animation, to be not chiefly valuable
for national forest purposes:
beginning at a point where the
meridian of longitude 144 degrees 4
minutes west crosses the coast line
of Controller bay, thence north along
said meridian line to the parallel of
latitude at 60 degrees and 10 minutes
north; thence west along said parallel
to point where the same crosses the
coast line at or near the mouth of
Behring river, and thence along the
coast to the place of beginning.
The tract above described is here,
by restored to the public domain.
WIN. H. TAFT.
THE White House,
Washington, October g. 1910"
The effect of the order is seen in
the attached map.
The Oskaloosa herald. (Oskaloosa, Mahaska County, Iowa) 1885-1919, 1911-07-27
Need of Development.

The thing which Alaska needs is &c.
velopment, and where rights and fran.
chises can be properly granted TO en-
courage investment and construction
Of railroads without comforting ex.
elusive privileges, l believe it to be
In accordance with good policy to
grant them.
If a railroad was to be. constructed
from Controller Bay to the Boring coal
teids, 1t was perfectly evident that
there must be a terminal town on the
shore of Controller Fay. and | was
therefore glad aud anxious to throw
1t open to entry aai settlement as
one important sten in encouraging
railroad enterprise. / was certain that
congress had provided, in the statutes
affecting the entry and settlement OF
land in Alaska, limitations which
would prevent the possibility of the
exclusive appropriation of the harbor
and channel of Controller Bay or its
shores or upland to any one railroad,
This propose now to show. -
The Oskaloosa herald. (Oskaloosa, Mahaska County, Iowa) 1885-1919, 1911-07-27
The Iowa Eiremen.

Des Moines, July 26.-Special: The
Iowa fremen are here today in annual
meeting and tournament. Special
trains over the Rock Island and the
interurbans from Iowa City, Newton
ColfaX, West Liberty, Lone Tree,
Grinnell and other places brought in
large delegations.
The Oskaloosa herald. (Oskaloosa, Mahaska County, Iowa) 1885-1919, 1911-07-27
Rests With Congress-.

The whole contention that the
executive order and the opening to
settlement of the shore of Controller
bay grants a monopoly to the railway
company rests on the claim that it
has given an opportunity to persons
using scrip to appropriate the control
of the only available and practicable
parts of the channel by the location
of the scrip opposite to those parts.
If now the location Of the scrip oppo-
site to the harbor gives no right to
reach the harbor except as congress
may expressly give it, clearly the
Controller Railway & Navigation Co.
has not the slightest opportunity for
exclusive appropriation of the harbor
facilities unless congress shall by fu-
ture act deliberately and voluntarily
confer II.
i should be lacking in candor If 7
allowed it to be inferred that this
third reason for saying that there Is
not the slightest danger of this order
giving a monopoly of the channel to
the Controller Railway & Navigation
Co. was present in my mind when
made the order. I was, of course,
satisfied because of the other restric.
tions mentioned that no monopoly Of
the channel could follow, but did not
examine the law as to this point at
that time. But the law is as have
stated IT. and the consequences are in
evitable. .rH
In the records of the War Depart
ment will be found one permit to con.
struct a trestle from the Controller
bay shore to the channel, which, by
extension, Is still in force and will
remain so until January /, 1912. This
was given to the Controller Bay e
Bering Coal Railway Co., different
company from the Controller Railway
& Navigation Co. II does not appear
upon what authority such permit
could be given by the War Depart
ment. Under the statute, the secre-
tary Of the treasury is charged with
supervision over such a case, and be.
fore lawful license can be granted
his consent must be obtained.
The fact is that in law there is in
effect no difference between a procla-
NATION and an executive order. (Wood
The Oskaloosa herald. (Oskaloosa, Mahaska County, Iowa) 1885-1919, 1911-07-27
To Keep The Price Up.

Des MONIES, July 26-Special; Rath,
er than let the price of potatoes go
down by permitting the market to be-
come overloaded, commission men
here recently destroyed three cars Of
potatoes, according to information
furnished The Daily Capital by local
grocer.
The Oskaloosa herald. (Oskaloosa, Mahaska County, Iowa) 1885-1919, 1911-07-27
CLAIM DEFECTIVE WIRING.
Fire Did Not Start in Box Of Fire
works, Say Joseph Bros.

Joseph Brothers, whose place was
damaged by fire early Monday morn
ing. take exceptions to the statement
that the fire started in box of fire
works They claim that defective
electric wiring was the probable cause
OF the blaze, The brothers say they
VIII make repairs to the shop and be
ready for business again as soon as
the insurance is adjusted.
The Oskaloosa herald. (Oskaloosa, Mahaska County, Iowa) 1885-1919, 1911-07-27
Sues Railway Company.

Cedar Rapids, July 26.-Special:
George H. Smith has brought suit
against the Cedar Rapids & Marion
City Railway company for $4,000
damages for being struck by a car
while riding bicycle over bridge.
The Oskaloosa herald. (Oskaloosa, Mahaska County, Iowa) 1885-1919, 1911-07-27
. Iowan Dyinu in Arizona.

Creston, July 26.-Special: Edward
Jones, master mechanic of the Burl
ington railroad is lying in a critical
condition in Arizona and his son of
this city is speeding to that place to
bring him back for medical treatment
The Oskaloosa herald. (Oskaloosa, Mahaska County, Iowa) 1885-1919, 1911-07-27
did n1t care TO be- held up as claim
Ing such wild story.
Cleared of Heresy.

Des Moines, July Especial; Guy
Sarvis, former Drake University
student, accused by the general council
OF the Church of Christ of heresay in
connection with his studies in higher
thought, has been cleared of all ale
cations and has left for China as
missionary for the Christian church.
The Oskaloosa herald. (Oskaloosa, Mahaska County, Iowa) 1885-1919, 1911-07-27
Governor a Witness.

Des Moines, July 26.-Special: Gov.
ernOr B. F. Carroll will be called up
on to testify in The district court in
the cases now pending to determine
the sufiiciency of the Des Moines
mulct petition. =.
The Oskaloosa herald. (Oskaloosa, Mahaska County, Iowa) 1885-1919, 1911-07-27
Drowned in the Mississippi.

Fort Madison, July 26.-Special: j
W. Connolly. q years old, a well
known vaudeville artist, playing at the
Empire theater here. was drowned in
the Mississippi river here last even
ing in the presence OF a number OF
friends. While in swimming he was
seized with cramps and drawned be-
fore his companions could reach his
side.
The Oskaloosa herald. (Oskaloosa, Mahaska County, Iowa) 1885-1919, 1911-07-27

street rafircch from the channel lof
Controller Bay to the coal fields; and
II BY this order We could secure the
construction of a railroad from Con,
troller Bay to the coal fields, 1t would
be distinct step In tho, useful devel.
opment OF Alaska. The rates of freight
for coal to be charged, of course. would
always be subject to congressional con-
troll and II government ownership
seemed wise policy under the pc
culiar circumstances, condemnation
was an easy me. hod
The Oskaloosa herald. (Oskaloosa, Mahaska County, Iowa) 1885-1919, 1911-07-27
Aued Woman Dead.

Creston, July 26.-Special: Mrs.
Christina Stivers aged 81, mother
of Henry Stivers of OsceoIa, former
editor of the Des Moines Leader, died
last night of old age. Funeral will be
held this afternoon.
The Oskaloosa herald. (Oskaloosa, Mahaska County, Iowa) 1885-1919, 1911-07-27
Securing Title.

The only practicable method for sc.
such tract as this after its elimina,
ton is by the use of what is called
soldiers additional homestead right
evidenced by scrip. The statutory linn
itations upon this method of acquiring
title are threefold:
First. No more than $50 acres can
be entered in any single body by such
scrip.
Second. No location of scrip along
any navigable waters can be made
within the distance of so rods of any
lands along such waters, and no entry
can be allowed extending more than
100 rods along the shore of any naviga-
BILE water, and along such shore a
space of at least so rods must be re-
served from entry between all such
claims
Third. Nothing in the act contained
is to be construed to authorize entries
to be made or title to be acquired to
the shore of any navigable waters
within said district.
The theory upon which it has been
contended that the Controller Bay
Railway & Navigation Co. has prac-
tically acquired an exclusive appropri-
alton of the harbor is that its antici-
pated ownership of the lands entered
and abutting on the shore will give it
the right to build viaducts from these
lands to the side of the deep channel
81 miles away and there establish
wharves on the channel equal in
frontage to that of the locations made
on the shore, and that even If 1t does
not itself build such wharves, 1t can
prevent anyone else from enjoying &C
cess to the channel for the whole
length of its frontage, say miles. I
have shown that even if this were
the law, the public reservations and
the INDICATED frontage would prevent
monopoly of the channel. But it Is
not the law.
The shore runs from highwater
mark down to low-water mark. The
owners of the upland, by virtue of
the title they have acquired from the
government, do not acquire . vested
right of access to the deep water and
have no right or easement 70 build
viaducts or trestles across the fats
or wharves along the deep channel
which congress may not regulate or
defeat
The Oskaloosa herald. (Oskaloosa, Mahaska County, Iowa) 1885-1919, 1911-07-27
Uses Strong Language.

The postscript is not now on the
ales of the department. If it were,
1t would be my duty to transmit it
Under this resolution. Who is really
responsible for its wicked fabrication
If 1t ever existed. or for the viciously
false statement made as to its authen.
ticity, is immaterial for the purposes
IF this communication. The purport
If the alleged postscript is, and the in
tention of the fabricator was. to make
Mr.. Richard S. Ryan testify through
its words to the public that although
/ was at first opposed in the public in
serest to granting the elimination
which he requested. nevertheless
through the undue influence of my
brother. Mr.. Charles p. Taft, and the
disclosure of the real persons in in
,erest, | was induced improperly and