Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1910-09-11
DEMOCRATIC MINORITY REPORT

DEMOCRATIC MINORITY REPORT
Charges Against BaIlinger Were Well
Founded-PinchOt IL LRuded,
MINNEAPOLIS, Mimi, Sept. O-The
democratic report is signed by Senators
Duncan u. Fletcher Of Florida and William
e. Purcell of North Dakota and Represent
atves Ollie M James of Kentucky and
James M. Graham of Illinois. 1t says:
After careful, thorough and, we be-
lieve an impartial examination OF the
whole record we feel constrained to make
the following findings based on the evil
dence:
That the evidence does not show that Mr..
Ballinger drew up an escrow agreement in
the Watson Allen matter and we eXonorate
him from that accusation-this relates to
an agreement providing for the future con-
veyance Of lands not yet patented or proved
That the evidence does not show any con-
Ispiracy against Mr.. Ballinger and that the
alleged conspiracy had no existence in fact;
that what has been referred to as con-
spiracy was merely the efforts OF certain
persons to thwart and prevent the secre-
tary of the interior and the officers OF the
general land companies from accomplishing
what those persons believed to be the
fraudulent transfer of valuable public prop
lerty from the government to certain prl-
waite interests and to prevent the making
of radical and injurious changes in the
management of the reclamation service,
ln6n III n HiBn SldlG VI CAAiNiNhSS'
PinchOt and CLAWS Efficient.
That clifford Pinchot and L. r. CLAWS
were faithful and efficient agents of the
government and the people, devoted to their
work and conscientious in the discharges
of their onerous duties and in the rendition
of their valuable services; that their pro-
tests and actlons restrained the OFFICERS OF
the Interior department and prevented the
lconsummation OF great public wrong and
that their conduct throughout was wholly
in the interests of the people.
| That in his statement OF September H.
| 1909, to the president, and in other corne-
! spondence and communications to the pres
ident Mr.. Ballinger has been frequently
uncandid, that he has, on number of oc-
casions, been guilty of duplicity, and that
| his conduct in the premises was intended
TO and did have the effect of deceiving the
president. s#*
That Mr.. Dallinger, while commissioner
of the general land office, clear listed" the
so-called Cunningham claims on insult
ficient evidence and under circumstances
which convinces us he was aware of the
existence of other material evidence which
he did not call for or consider, and which,
| II considered, should surely. have prevented
! the clear listing of the claims, and we find
| that in clear listing said claims Mr..
| Ballinger showed either a lamentable want
of capacity and competence or such a dis
| regard for the rights Of the public as
amounted to bad faith.
Favored Fraudulent Claims.
That as commissioner of the general land
office Mr., Ballinger prepared the Gale
BILL that he appeared before a committee
| of the house of representatives in advocacy
Of said bill, and that he then knew and in
tended that said bill, If 1t became a law
would have the effect of validating the
said Cunningham coal claims and other
coal claims in Alaska which claims were,
in fact, fraudulent because of non-com-
plance with the law; that after resigning
as commissioner of the general land Of
flee Mr. Balinger resumed the practice OF
the law in Seattle, Wash; that he became
interested an attorney in cases which
were pending in the general land office
while he was commissioner and that In al
his services and that such conduct was
highly reprehensible
While Secretary Balinger claims that be.
cause of his professional connection with
some of the claimants he turned the con-
sheraton and control of all Alaska GOA
claim matters over to Mr.. Frank Pierce
that he did not in fact do so, but on the
contrary, improperly continued his connec.
ton herewith and from time to time was
consulted by his subordinates and gave di
/ rectons with regard to said claims; thai
he aided the movement to force the Gun.
ninghom claims to a hearing before the
government was ready to proceed. and
properly produce its evidence and placed
the management of cases in the hands OF
J an inexperienced young attorney. with full
knowledge of the Importance of the cases
both with regard to the great value of the
property and the fact that they were the
first cases OF their kind and there bens
were, in measure test cases.
Encouraged InsubOrdinatiOn.
That he encouraged characterization II
the reclamation service by trying to dis
credit the director or head Of that service
IN a general way and by issuing orders
direct to subordinates In said service with
out consulting or communicating with tn,
/ proper person or persons in charge o.
said service,
That he condoned highly improper of
ficial conduct on the part OF Mr. Perkins
head OF the Chicago offices of the reclama
tion service and instead OF reprimandinl
| him. or of asking for his resignation, a.
r recommended by the director and chic
engineer he retained him in the same of
flee with increased power, directing hin
to report to Director Newell, whose
authority he had already overriden.
: Under these circumstances and in view o
! the findings which are forced upon us b!
> n consideration of the evidence. we ar
: under the stern necessity of making
further finding:
, the trust reposed in him as secretary o.
+ the interior; that he is not deserving OF
public confidence and that he should b'
: requested by the proper authority to re-
: sign his office as secretary of the interior.
. Mr.. Lawler. assistant attorney of the In
e terror department, the report says, ties
: titled only concerning the so-called Lawle
memorandum prepared by him at the presi
: dents request, under the direction that h
e should write it as II he were the presi
e dent 1t adds
Mr.. LAWYERS partisanship. his violent
a offensive and irascible demeanor, his eNi
. dent lack OF fTankness and his confessed
animOsity towards Mr.. CLAWS, detrac
d greatly from the value Of his testimony.
! PInchOt Is Lauded.
AS TO clifford Pnchot the report says:
. Mr.. Plnchot is so well known to tn
American people that IL is unnecessary q
= refer 90 his standing, but IL cannot b.
out OF place TO cite a few Of the presi
= dents words concerning him.
4 Quotations from the presidents letter
@ follow and the report continues:
n We do think these encomiums deserved
e We believe the evidence shows Mr. Pin
g chot 10 be man OF high character, OF fin
a honor, OF stainless integrity and o
> patriotic purposes.
We indorse this commendat ton by IN
l. president and We agree with him that Mr.
ftnChots desire was faithfully 10 serve tn
e American people to the best OF his ability
I As witness he Was prompt. frank ans