The Oskaloosa herald. (Oskaloosa, Mahaska County, Iowa) 1885-1919, 1910-06-02
BRANDE|S SAYS
BALL|NGER WEAK
Attorney for CLAWS Picks Sec
rotary to Pieces.
DEFENDS ACTION OF KERRY
To Criticize stenographer, He Says,
Involves MlsconceptIon Of Our
Governments Nature-GIves
Resume of Alaska Case.


Washington, May 2S.-'Tt has been
conclusiyely established that Secre-
tary. Ballinger is not man so zeal
ously devoted to the interests of the
common people, so vigilant and reso-
lutte In resisting the insidious agrees
sions of the special interests, that he
may be safely decided on to carry for
ward the broad policy of conservation
OF our natural resources"
This was the condemnation of the
secretary of the interior delivered by
Attorney Louis d. Brandeis in sum-
ming up the case of the so-called
prosecution" before the Ballinger-
Pinchot investigating committee.
That he is subject to far severer
criticism we firmly believe" added
Mr.. Brandeis.
Calls CLAWS Ideal Servant.
Mr.. Brandeis spoke for about two
hours, reserving half an hour for
closing, after Attorney Vertrees has
addressed the committee on behalf of
Mr.. Ballinger. He referred to Mr..
CLAWS as the ideal public servant"
and to Clifford Pinchot as "a man of
character so high as to be even above
the suspicion of selfseeking"
He vigorously defended the action
of Stenographer Frederick M. Kerby
In making public confidential informa.
ton of the interior department bear
Ing on the preparation of the Lawler
memorandum and said ito criticize
Kerby for this act involves a total
misconception of the nature of our
government"
THE secretary of the interior, the
| trustee for the people of the public
domain, should have the ability to
stand up against everyone and should
be vigilant," declared Mr.. Brandeis.
Would anyone think of clubbing our
present secretary 'StonewalP BALM.
ger? Instead of being answering he
yields to pressure, yields to it not
only In acts but also in statement, be
1t written or spoken. -.
Struggle for Democracy.
This investigation has been re-
ferred to as struggle for conserva-
ton. a struggle against the special in
terest. 1t is that, but 1t is far more.
In its essence it is the struggle for
democracy, the struggle for the small
man against the overpowering influ-
ence of the big politically as we'll as
financially; the struggle to establish
that every American is entitled to
equal justice-in the public service as
well as in the courts-that no official
is so highly stationed that he may
trample ruthlessly and unjustly upon
even the humblest American citizen.
The cause of CLAWS is the cause of
the common people and more espe-
cially the cause of hundreds of thou
sands of government officials"
Mr.. Brandeis gave a chronological
resume of the Alaska coal land situa.
ton from the time the Cunningham
claims were first filed upon in 1906.
He laid particular stress upon the
contention that Mr.. Ballinger as com.
missioner of the land office was fully
acquainted with the situation and per-
sonally directed the procedure in the
land office whereby the claims were
scrutinized.
Critic Of BalIinger Testimony.
Mr.. Brandeis spoke of Ballinger's
appearance on the witness stand with
its extraordinary failures of memory,
misstatements and denials," and
quoted from the testimony of Balm
gers cross-examination about the
Lawler memorandum with the evident
purpose of showing that Ballinger at
tempted to conceal the truth and
evade his questions.
The lawyer defended Claws action
in laying the matter of the Alaska
coal claims before the president by
advice of Pinchot. He said that
finally the president had committed to
Lawler, IAN appointee and In effect a
subordinate of Ballinger. man who
had special grudge against Claws,
the drafting of the presidents opinion
on the whole matter"
Not Surprised at Taft Course.
ut is not surprising under the cir.
cumstances that the letter of the
president exonerated Mr.. Ballinger,"
exclaimed the attorney. He added
that it was surprising, however, that
the president should have sent a let
ter which condemned CLAWS and
charged him with falsehood, with the
suppression of truth and with neglect
OF duty-"a condemnation on charges
of the preferring of which against him
he had no knowledge whatsoever"
"Iut for this investigation CLAWS
the ideal public seryant-competent,
faithful Jealous. would have been per.
nianently condemned and held up to
public disgrace-w without hearing
without even knowledge that charges
had been preferred against him." he
concluded. He needed this investi.
CATION to give him an opportunity to
answer the groundless charges by
which the president was misled."