Omaha daily bee., 1910-05-28
MIR. BaIIinger's "trip East.


and Michigan"
Mr.. BalIinger's Trip East.
Proceedings to the clear listing of tho
Cunningham claims in 1907, Mr.. Brandeis
said that the suspension of the order after
Claws protest was evidently done nv
Ballinger with the idea that ultimately the
patents should be granted when this I'M
comfortable obstacle presented by CLAWS
intervention should be overcome" When
the Gale BILL which Brandeis said Bal
linger had drafted to overcome that OBJ
stacle, failed and the law of May 2s. 1908,
was enacted, Lawyer Ballinger was an
pealed to for aid, not only by Clarence
Cunningham, but by ''Ballinger's influential
friend, J. c. Smith, the senator maker"
He said Ballinger then drew the Gun
ningham affidavit containing sworn state
ments obviously in irreconcilable conflict
with the terms of the then existing agree
ment with the Morgan-Guggenheim syndi-
cate of July 90 1907" He referred to Bal
lingers trip east to see his old friend,
Garfield and Ibis friend and protege.
bennett" on behalf Of the Cunningham
claimant.
why did Ballinger do THAR" 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 bennett; to capitalize and influence
necessarily attending his recent incumbency
in office: to capitalize the knowledge he
had acquired when filling the important
office of land commissioner?
violation of Professional Ethics,
HE says he was unwilling to undertake
this land office work and that he rather
| Unexpectedly received only reimbursement
of his travelling expenses If this be so,
SO much the worse! If against his will
and without expectation of compehsat ton
he undertook this service for such men as
Charles ]. Smith, Charles Sweeney, Horace
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 professional
| ethics as he forgot the rules of the land
department over which he has presided and
by which he was barred for two years after
his retirement from practicing before it,
els such. a man a safe trustee for the
peoples property" he demanded.
| Mr.. Brandeis said that when CLAWS ap-
pealed to Ballinger to postpone hearings
/ on the Cunningham cases until after a field
examination could be made. the then secre-
tary drew strange ethical distinctions -
He said Ballinger had felt at liberty to
serve the Cunningham, claimants, although
he had previously, as land commissioner,
represented the government, but on becom-
| ing secretary he had felt barred from rep
resenting the people, because, as he ex-
pressed It., he had incidentally acted for
the Cunningham claimants"
Brandeis said that Ballinger has felt no
such hesitation in fastening, at the IN
stance of the claimants. the investigation
of the Cunningham and other claims.
Claws Appeal for Delay.
Referring TO Claws successful appeal to
the forest service for a delay Of the hear
ing and his being subsequently super
seeded by the inexperienced" Sheridan,
Brandeis said that even Sheridan agreed
that postponement was proper" AS to
| Mr.. Ballinger's assertion that he had had
nothing TO do with the coal cases since he
became secretary. Brandeis said:
Secretary Ballinger knew all and in ef'
feet he did all. 1t needed no writing signed
by him to do the act. 1t needed no specifiS
instructions. Those by whom he was sur
rounded were of that category who at the
winking of authority - understand
a law and who would never prove insubor-
dnate from over zeal for the public inter-
est"
AS indicating Mr.. Ballinger's 'irresolute-
ness" Brandeis recited how he had acted
under pressure in his various steps in the
Cunningham cases, yielded to the claimant,
when in Seattle and later TO CLAWS wher
he returned TO Washington, with the claim
ants 5000 miles away.
Mr. Brandeis spoke Of Balilngers appear
ance on the witness stand with its ex
traordinary failures OF memory, misstAte
ments and denials" ana quoted from thu
testimony Ballinger's cross-examinatioI
about the Lawler memorandum, with tn
evident purpose OF showing that Bal
linser attempted to conceal the truth an'
evade his questions.
MT. BalIinser's Associates.
'Such is the conduct such is the char
acter OF Mr. Ballinger," he continued
Mote his associations He is obviously II
the closest relations with men like c. ]
Smith, Horace C. Henry and with thei