The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1910-05-28

done by Ballinger with the idea that
! ultimately the patents should be grant
ed when this uncomfortable obstacle
presented by Claws intervention
should be overcome" When The Gale
bill, which Brandeis said Ballinger
had drafted to overcome that obstacle
failed and the law of May 2S, 1908,
was enacted, Lawyer" Ballingnr was
appealed to for aid not only by Clar-
ence Cunningham, but by "BalItnger's
influential friends" G. J. Saith, the
senate maker"
He said Ballinger then drew the
Cunningham affidavits containing
sworn statements obviously in irrecon-
cilabde conflict with the terms of the
then existing agreement with the Nor
n-Gugegnheim syndicate of July 20,
1907"
He referred to Ballinger's trip to see
his old friend Garfield" and his
friend and protege, Dennet," on be-
half of the Cunningham claimants.
| NOT LEGAL SERVICES.
why did Ballinger do that?" he
asked HE says that these were not
strictly legal services. If they were
not, SO much the worse. Was this,
then, an attempt to capitalize his
friendship with Garfield and with Dem
nett to capitalize an influence neces-
sarily attending his recent incum-
bency in office; to capitalize the
knowledge he had acquired when I'LL
| ing the important Office of land COM
missioner? He says he was very I'M
willing to undertake this land once
work and that he rather Unexpectedly
received only reimbursement of his
travelling expenses. If this be so, so
| hA oir,rA hi will
and without expectation of compensa-
ton he undertook this services for
such men as Charles J. Smith, Charles
Sweeney, Horace G. Henry and ex-
| Governor Moore, then it must have
been because their will was law to
| him. Under their potent influence,
Mr.. Ballinger forgot the rules Of pro-
fessional ethics as he forgot the rules
Of the land department over which he
had presided and by which he was
| barred for two years after his retire
ment from practicing before it."
rs such a man safe trustee for
the peoples property" he demanded.
Mr.. Brandeis said that when CLAWS
appealed to Ballinger to postpone
hearings on the Cunningham cases
until after a field examination could
| be made, the secretary drew Strange
ethical distinctions" He said Balm
ger had felt at liberty to serve the
Cunningham Claimants, although he
had previously as land commissioner
represented the government, but on
becoming secretary he had felt barred
| from representing the people because
as he had expressed it, he had Incl.
dentally acted for the Cunningham
claimants"
| Brandeis said that BaIlinger had
felt no such hesitation in Fastening at
the instance of the claimants, the in
vestigation of the Cunningham and
other claims
Mr.. Brandeis defended Glavis's ac-
ton In laying the matter Of the Alaska
coal claims before the president by adj
vice of Pinchot
He said after CLAWS had submitted
his statement Of August Is last he
was not again communicated with by
the president before the appearance
Of the latter's letter Of September IL
Diminishing him and generating Bal
linger. He said "deluge of type
written matter" came from the interior
department in reply, supplemented by
oral statements and arguments by
Ballinger and Assistant Attorney Cen
eral Lawler and that finally the presi-
| uSnL udu COMMITTED 10 lJdWl6T dn dp-
pointee and effect a subordinate OF
Ballinger, man who had a special
grudge against CLAWS, the drafting OF
the presidents opinion On the whole
matter"
ACT NOT SURPRISING.
ut is not surprising under the cir
cumstances that the letter Of the
president exonerated Mr.. Balringer,
exclaimed the attorney. He added
that it was surprising, however, thai
the president should have sent letter
which condemned CLAWS and Charged
him with falsehood. with the suppress
sion of truth and with neglect Of duty
la condemnation on charges the pre-
ferring of which against him ne had
no knowledge whatsoever. Brandeis
said that up to that time CLAWS had
never given to the public a single
word in criticism of BalIinger or OF
his other superiors
But for this investigation Claws
the ideal public servant-comDetenf
faithful, Jealous, would have been Per,
manently condemned and hell IN Il
public isgrace-without hearing
without even knowledge that charges
had been preferred against him. Tic
needed this investigation to give him
an opportunity to answer the g"Ound
less charges by which the president
was misled."