The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1914-02-24
VIRTUAL VICTORY
FOR Government
Special Agent John A. Smith
So Construes Technical
Defeat in Alaska,

Thai the government Won Il virtual VIC
tory as regards the actual evidence oi
The trial even though the defendants
were found not guilty by the jury. Is the
opinion of John A. Smith. special agent
i'm charge of hearings OF the field service
division of the United States land office.
concerning the Alaska coal land conspir-
acy case recently tried in Seattle Mr.,
Smith. who collected all tho original evil
tence In the case, was one Of the govern
ment's principal witnesses. He returned
10 his Salt Lake office yesterday morh-
ing.
The case was a criminal one. charT
ing G. r. Munday. one OF Seattle 3 lead
ing attorneys and Archie w. Shields. an
employees OF the Guggenheims, with seek
ing to defraud the government BY max ,
than were allowed by law for any one
corpora ton The case involved apout
5000 acres of land located near katal;i,
Ala ska, In the Rering river district, not
tar from the cunningham III coal clallns
The government charged that after the
entries were discovered by the govern
ment the false ,entrymen tnTncu over
their entries to the present holders, VINO
then executed secret deeds 10 the Siaska
Development company and gave power
OF attorney 10 the defendant. Munday;
In discussing the case yesterday MI
Smith Id:
The evidence showed that after the
act OF April 2s, 1904. was, passed; per-
mitting coal entries in Alaska, Alger-
non Fl Tracey secured forty-tWo
employees of the Pacific Coal Oh
company-a Canadian corporation
and the Alaska DEVELOPMENT conf
pany TO make coal entries and convey
Immediately to the Alaska Dereop-
ment company for a eonsidera tion OF
known by the government officials,
the Ala ska Development company
made deeds Of disclaimer to the orig,
inal locators, who in turn conveyed
to stockholders of the company. THESE
made new locations in their own
names and Immediately conveyed by
secret deeds TO the development COM
pany. Later an irrcvocable power
of attorney was given by each present
locator to c. +. Munday. secretary
OF the development company, with
full power TO sell and dispose as he
might see fit.
These were the same ocations in
voved in this case, for which the de-
PENDANTS were being tried, twenty
one claims of which were to go to
the development company and twelve
10 the Pacific Coal & on company,
foreign corporation and lessee Of the
coal and oil lands OF the Alaska De-
velopment company. The original OF
the deeds and powers OF attorney
were introduced in evidence and
made a prima facie case,
The defense contended that the
deeds were delivered in escrow and
the powers Of attorney given for the
purpose OF empowering Munday to
give mortga ges to cover expenses OF
development and purchase price. The
case was originally tried three years
ago before Judge Hanford Of Seattle,
who construed the coal land law
against the government. This decision
was reversed by the supreme court
and sent back for trial
The government did not expect
conviction because of the prominence
of partisan public sentiment In Seat
tie against the federal Alaska policy.
Those interested In the governments
case feel that the good accomplished
by the introduction OF It's evidence
will have all the cffec; n conviction
would have had.