The Evening standard. [volume] (Ogden City, Utah) 1910-1913, 1910-09-10


and unanimity, Ballinger announced
that his defcose would cause the as
founded public at once TO acknOwl
edge him as an abused and vilified
man That defense Is now all In.
one humble member OF the public
Is willing TO acknowledge himself
astoundcd.
Balhnger's defense fell along de-
fined lines. (a) II flatly denied the
yeraclty OF half dozen reputable wilt
nesses: Oh forgot failed to re.
member" could not recall" (c) it
substituted for the obvious reading
of letters and pubic documents the
most remarkable technical involved
and (from the viewpoint of common
sense) absurd interpretations, (dJ It
sheltered tsoprincipal behind assser-
tions OF ignorance. Against truly
formidable array Of public records.
private documents, personal testi-
mony and logical deduction, 1t had
only the. above ilimsy subterfuges TO
offer Not one record. not one letter,
nothing but technically legal inter
pretatlons OF non-legal matters, no
private testimony save denlals. This
Is a measured statement; made after
an eXhaustiyc-and somewhat eN-
ausing-examinatlo OF the proceed
ings. The promised defense has
dwindled to shifts and evaSions.
Balllngor has been twice white
washed: once by Taft, once by Wick
ersham. Both these gentlemen claim
ed that their action was based on
thorough investigation. The official
inquiry seems to show that the In
yestlgaton was Ballinger's.
Three ThrIllers and One Farce.
How do we know? BY an cxamina-
ton of the evidence. | had intended
10 attempt a resume OF the trial. but
the space at my disposal is too con,
tracted. There are some thousands
of pages to the record, So Instead |
shall offer you throe scenes and a
farce from the main drama
These are only four of couple
Of dozen or SO, be 1t understood
Perhaps some people would crit
Icile my selection. alleging
that other scenes and other farces are
more significant My reply would be
that, even were this so, these are sig
ni6Cnnt enough.
We Will take up, then, the following
thrillers
l, The Clearlistlns OF the Public
Lands.
II. The Activities OF a Private Cit.
zen.
III. The Interpretation of the Law.
This to be followed by that shrek,
ing farce:
". The Mystery of the Missing
Letters
/ The Clearlisting of the Public
Lands.
1t will be recalled that Agent Love
made a report favorable to the clear
listing OF the Cunningham claims.
This was Immediately followed by ad-
verse reports from Agents Jones and
CLAWS. Ballinger, then land commits
siOner, jumped over the two later adj
verse reports, made on investigation.
and clearlisted on the basis OF Loves
earlier report Even the Love report
was not so very favorable. In IL he
remarked that Cunningham had stat
ed 1t has always been the hope
that arrangements might be effected
after entry for the joint working Of
the lands'-a hope" in this cOnnec-
ton was hardly a guarantee that the
rights Of the public would be protect
ed. Subsequently both CLAWS and
Jones testified that in conversation
BallInger had agreed with them that
Love was not iit TO decide the case,
owing to political aspirations This
Is one OF the things Ballinger in his
testimony did not recall.
At any rate, the lands were order
ed clearllsted on the basis of Loves
report Ballinger's letter to Taft on
this point reads as follows:
4 had no knowledge of the specific
facts or any facts contained In the
records and files OF the general land
office, further than what was con-
tained in Special Agent Loves report
The files were not laid before me,
nor examined by me at any time, nor
were their contents made known TO
me-"
That Is a fairly specific statement
On the basis OF that. and evidently
without other basis. Taft wrote;
Il find that. as Commissioner. You
acquired no knowledge with respect TO
the claims except that of the most
formal character"
A Thing That Needs Explaining
Lot US sec how accurate is one gen
tlemaD, and how much misled the 9th
cr.
1t occurred to neither that this was
In Itself a strange statement Balliu-
gers personal friends were engaged
In getting many, many million dol
lars worth of land for S52. .S00-and he
knew nothing of It. Furthermore
mat land was under Balllnger's guar
uianshlp- Suppose you We're 10 put q
subordinate In charge Of your busi-
ness, suppose he were TO come 10 you
saying: Il let three men into tho
vaults last night Somebody said they
we're oil right; but my knowledge o.
mem Is of the most formal character, %
what would you say to him-and how
lar would you bounce him?
now In face OF this alleged igno-
rance comes tho TESTIMONY. NOT az men
merely. but Of documentary records.
was SHOWN that on four specific oc-
oAslons balllnger had personally in
terviewed all three OF his aoonts i'm
regard TO tho Cunningham claims
tnSt III 'hosc Interviews be had given
minute ana definite orders: that dur
lnG tncm he discussed with both Love
ana Jones all the evidence they were
gathering Furthermore. Jones testi.
ncd that nc had delivered his report OF
Balllnger In person, On this latter
point Ballinser Is again "forgetfui."
Corncred on this point. Balllngcr
calmly stated that he considered also
the Jones report favorable
II seemed. therefore. that Mr.. nal
llnger was acquainted with this lmnor
tant document, though he told the
president he know only the Love re
port