New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1910-05-28

tare, but as honorable ana fairnii'ueu i'''
who were seeking the truth.
NJ y.rtrees. in the course of his argyll
uent made a scathing denunciation OF the
nres. for it's attitude toward this case anu
said the only commandment the newspaper
men seemed TO obey was: Give US TINS udS
our daily bread.
Mr.. Olmsted interrupted to inquire what
commandment that was. and Judge Vertrees
replied. amid laughter: THE eleventh
.arhe only thing the committee can deai
with" said Mr.. Vertrees, is as 10 the up
rig Illness OF Mr.. BalIinger. j am not heIo
TO ask that this committee shall deai wiz.
this case upon the basis OF eriili'iia'
prosecution-that there must be PROOF O0
yond q reasonable doubt Even VI the'e
was a we'll founded suspicion that aS .
public officer he was at fault you ought u
say So o.
At no inconsiderable length MT. Fsiuee'
discussed the subject Of conservation In
Just and proper sense" he saids we "i
all conservationists, and as sncn theIe -
pone more sound than Mr. Ballnger. Now
I am not talking about these men W.
have gone TO seed on conservation-men OF
the Pinchot brand-33d degree consei va
,tonists-like some people running on with
fad and fancy
Senator Root. who departed for The
Hague peace tribunal last week, was the
only member of the committee absent when
to-dav's session began. The committee room
was crowded, and. as usual. most or the
snectators were women. None Of the prin-
cipals involved in the controversy was
present.
Before Mr. Brandeis began his argument
Mr.. Pepper counsel for Mr.. Pinchot, sub
mitted lengthy affidavit OF e A Branin'
who was in charge of the forestry worK
done on the Menominee CEis) Indian Res
ervation where 1t had been charged by the
defence" the forestry work had been
wastefui.
BranIff was present and ready TO testify
in refutation OF the charges. but 1t was de-
cided to dispose of the matter by printing
Branins affidavit In the record
Resume by Brandeis.
In the course of his argument Mr.. Bran
deis gave a chronological resume of the
Alaska coal land situation from the time
the Cunningham claims were first filed,
IN 1906 He laid particular stress on the
contention that Mr.. Ballinger. as Commits
sicner OF the Land Office, was fully ac-
quainted with the situation and personally
directed the procedure in the Land Office
wf ereby the claims were scrutinized. He
declared that of 461 Alaska coal claimants
whose addresses were secured by special
agents early IN their investigation. 35S ap-
peared to be residents OF the Pacific Coast
and 164 lived in Seattle, Ballinger's home
city.
Among these claimants were men Of the
greatest influence in the state. financially
and politically. and among these were
friends and associates of Mr.. Ballinger,
said the attorney. while these Pacific
Coast claimants remained undisturbed by
further inquiries into the validity of their
claims, most of the others those residing
In Illinois and Michigan. were. on Septem-
Der "a, 1907, directed to be thoroughly in
vestigated. Was II a coincidence that the
investigations Of Special Agent Jones in
the summer of 1907 into the Cunningham
claims stopped shortly after Ballinger re-
turned to Seattle. shortly after the agree
ment between the Acknowledgements
Alaska syndicate and the Cunningham
claimants, which rendered an early issue
of the patents important? Was it a coin
cidence that active inquiry was under
taken into the claims of residents Of IIli-
nois and Michigan
Proceeding to the clear listing OF the
Cunningham claims in 1907, Mr.. Brandeis