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Show WANT TO CANCEL THE C0AIJEA1S WASHINGTON, Jon. 1. President Taft was appealed to today by former Forester Gifford Plnchot nnd his brother, Amos Pinchot, to cancel iin- mediately without further hearing the to-called Cunniugham Alaskan coal claims. In a voluminous brief filed with the president. In accordance with permission given In a letter written to them by Secretary Norton on November No-vember 29, Mr Plnchot nnd his brother broth-er contend that the record In the case "abundantly proves that tho claims are Illegal' and that from the beginning begin-ning the claimants have conspired to defraud the government." , "The report to a court for a rehearing rehear-ing of the case is necessary to secure Justice and protect the people's prop- ( erty," says the brief. "Tho case against the claimants Is already conclusive. We believe the duty of the executive In regard to the claims is obvious and Immediate. The claims should be cancelled by the president forthwith." ; "The transfer of tho Cunningham caseB to a court for a decision upon tho present record would relievo the executive department of responsibility for failure to luve the case against the claimants fully presented by attorneys at-torneys of experience and ability and j for omitting to produce all the evi- dence of fraud available," declares the brief after charging that "in spite of tho clearness of the. existing proof we believe It to bo onr public duty to point ou that tho whole of the case against the claimants has not been presented. "The ovldcnco in this case goeH much further than to establish tho fraud of attempting by subjorfuge to , acquire from the government more coal land than the law allows It bhows that from tho beginning tho claimants acted with the definite and BU8tainod Intention of defeating the purpose und essontlnl spirit of the law the spirit and purpose to prevent monopoly, and secure competitive development de-velopment of the nation's resources " Regarding the effect of monopoly In Alaska, the brief says: "It is evident that nn enormous saving can be mado to tho people of Alaska, to the whole northwest and to the United States navy If only these coal mines are opened, under conditions of competition." It chnrges that "tho Industries of Alaska havo been for years largoly In tho hands of a great and oppressive monopoly, tho Guggenheim syndicate, which has kept out other capital, throttled competition com-petition and held Alaska at a stand-Htlll stand-Htlll ' The brier recites that tho case ror the government Is supported by five main lines of evidence, as follows: , "First. The history of the operations opera-tions of the Cunningham entrymen In Alaska, as derived from their own records and statements, shows that from the beginning to the end they were nil members of a single association associa-tion engaged in acquiring a Joint property prop-erty and that the claimants never owned these claims separately. "Second Tho book of accounts of the Cunningham group and tho reports re-ports mado by its agents are all evidently evi-dently based on, the assumption that nil the claims are one property, owned bv one association. '"Third. From first to last the subscribers sub-scribers took no Interest whatever in tho situation or value or particular claims entered in tneir respective names. "Fourth. Within the shortest time practicable after rinal certificates wore iBsued, the Cunningham associates asso-ciates took steps to turn over their claims to a corporation on a basis of equal shares. "Fifth More than one-half or the claimants have admitted In affidavits that they had always acted with a mutual understanding that they would combine claims after titles were secured se-cured and one so confessed at the hearings." Discussing the charge that Important Impor-tant evidence against tho claimants was suppressed by laud office agents, the brier says; "John W. Dudloy, registrar of the land office at Juneau, Alnska, ono of theso agents, wont so far as to advise Cunningham specifically how one of the claimants, who had told the truth In his affidavit, should change h statoment so aH to strike oift evidence evi-dence of fraud nnd avoid investigation investiga-tion which would at least involve an Interminable delay." |