Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1910-05-28

is such 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 un-s
til after field examination could be
made the then secretary drew strange
ethical distinctions" He said Bal
linger felt at liberty to serve the Cum
bingham claimants, although he had
previously as land commissioner repre-
scented the government, but on becom-
ing secretary he :. felt barred from
respecting. the people. because as he
expressed it, he had incidentally acted
for the Cunningham claim interests"
Brandeis said Ballinger felt no such
hesitation in fastening. at the in
stance of the claimants, the investiga-
ton of the Cunningham and other
claims
Referring to CLAWS successful ap-
peal to the forest service for delay
quently superseded by the 'inex-
perienced' Sheridan, Brandeis said
that "even Sheridan agreed that APP
pointment was proper" AS to Mr..
Ballinger's assertion that he had moth
Ing W uO WIFI Tie COdl cases Slice he
became secretary, Brandeis said:
Secretary Ballinger knew all, and in
effect he did all. 1t needed no writing
signed by him to do the act. 1t need
ed no specific instructions. Those by
whom he was surrounded were of that
category who at the winking of au-
thOrity * understand a law
and who would never prove subordi-
nate from over zeal for the public in
terest"
AS indicating Mr.. Ballinger's 'ir
resoluteness." Brandeis recited how he
had acted under pressure in his vari-
Gus stepssin the Cunningham cases;
yielding to the claimants when in
Seattle and later to CLAWS when he
returned to Washington. with the
claimants three thousand miles
away"
Mr.. Brandeis spoke of Ballinger's ap-
pearance on the witness stand with
it's extraordinary failures of memory,
misstatements and denials,' and quot
ed from the testimony. Ballingers
cross examination about the Lawler
memorandum with the evident purpose
of showing that Ballinger attempted
to conceal the truth and evade his
questions.
such is the conduct, such is the
character of Mr.. Ballinger," he con-
tinued. Mote his associations. He is
obviously in the closest relations with
men like c.. J. Smith, Horace G. Henry.
and with their associates, Charles
Sweeney, Ex-Governor Moore and Nc
Graw. He is evidently in very close
| relations With George w. Perkins, j. P.
Morgan & CO., and the members OF the
Alaska syndicates. Now consider the
past conduct of Mr.. Ballinger. Con-
sidering his character as it has mani
tested itself throughout this case, do
you really think that the interests of
the people could be safely represented
by Mr.. Ballinger as against the special
interests of the Cunningham claimants
and the Guggenheim Morgan syndi-
cate?'
Mr.. Brandeis defended CLAWS action
in laying the matter of the Alaska coal
claims before the President, by advice
of Pinchot. He said that after CLAWS
submitted his statement of August 18
last, he was not again communicated
with by the President before the APP
pearance of the latters letter Of Sep
TENDER 1. dismissing him and ex-
onerating Ballinger He said a "deluge
of typewriter matter" came from the
interior department in reply. supple
mented by oral statements and argu-
ments by Ballinger and Assistant
Attorney General Lawler and that
finally the President committed to
Lawler IAN appointee and in effect a
subordinate of Ballinger, man who
had a special grudge against CLAWS