El Paso herald. (El Paso, Tex.) 1901-1931, 1910-05-11
BALLINGER SAYS
HE VIOLATED RULES
Secretary Admits That He
Did Not Observe All
Land Office Rules.

w u. L., May Ii
istence Of rulings in the interior de-
partment which Mr.. Ballinger must
have violated In appearing before the
general land office in behalf Of the
Cunningham coal claimants after his
retirement as land commissioner, was
brought out by attorney Brandeis in
cross examination of the secretary or
the interior in the Ballinger-P1nchot
investigation Tuesday.
Mr. Brandeis secured an admission
from Mr. Ballinger that he had
been barred from appearing before the
land office by a similar ruling IN
another case subsequent to his activity
in the Cunningham cases and prior TO
his becoming secretary Of the interior
Mr.. Ballinger SAID he had not called
these rulings to the attention of the
president TO assist him in reaching a
conclusion of the CLAWS charge because
he did not think there was any law to
sustain them.
The committee decided TO grant the
request Of attorney Brandies that Os-
car Lawler, assistant attorney general
for the interior department, be asked
to furnish the original or copies In
his possession OF the memorandum
which he prepared for the president
last September and which Mr.. Brandeis
has intimated the president followed
in writing his letter vindicating Bal
nnger and dismissing l. H Claws BY
unanimous vote the committee refused
to ask the president for similar infor-
nation
Secretary Cornered.
Mr.. Brandeis asked the secretary
about his connection with several COM
panies that had cases before the land
office In all of these cases Ballinger
said he represented the companies
purely out of accommodation. as II
belonged to that class OF business
which his firm did not care to develop.
Reading a letter written by Mr.. Bal
linger as the representative Of the Han
ford Irrigation company in which he
used the term we" Mr. Brandeis ask
ed the witness what were his relations
with that company
81 have no hesitation in saying" said
the secretary, that 1 had $4,000 worth
of stock in the company. I have since
disposed of it,
.'Why did not you state that fact dur
ing our direct examination" inquired
Brandeis
Because I did not think of it and
did not think ii cut any figure and don't
think so now"
willing TO Accommodate.
Returning again to the Cunningham
tary why he had appeared as counsel.
for the claimants before the land Of
flee after he had passed upon the
claims as commissioner of the land
office Mr.. Ballinger replied that he
drew up the affidavit for Clarence Cum
ningham and presented it to secretary
Garfield more as a matter Of accom-
mediation than anything else. He said
he had not appeared" before the
IN a
Questioning the secretary as to
whether the Improperly of represent
ing the Cunningham claimants before
the land office had occurred to his mind,
Mr.. Brandeis pressed the witness for
direct answer.
Ballirger merely replied that there
was no occasion for it to occur to his
mind as he was satisfied he was violat-
ing no law in doing So
Rulings OF No Force.
The attorney referred to attorney
general Understands resume of the
CLAWS charge which had been prepared
for the president. Mr.. Wickersham
construed section 100 of the revised
statutes as containing nothing to pre-
vent Mr.. Ballinger from appear
ing as counsel before the land office
within two years after he had left IT,
Mr.. Brandeis asked the secretary why
he had not called to the attention OF
the attorney general or Of the presi-
dent the fact that secretaries hitch
cock and Garfield had both made rul-
ing to the contrary and that assistant
secretary Pierce had ruled that Mr.. Bal
linger himself could not practice be-
fore the land office.
Mr.. Ballinger replied that he did not
consider the rulings had any statute
TO back them up.