Evening star. [volume] (Washington, D.C.) 1854-1972, 1910-03-01
PRESIDENT LEFT OUT
CONTINUED from First Page.)


and that of Mr.. Ballinger. / felt free,
under the supervisory power and execu-
tive discretion of cabinet offcer. 10
take action in the interest of the people,
so far as there was no prohibitory pro-
vision of law. Mr.. Ballinger seems to
take the position that he will not act.
even in the interest of the people, unless
there is a specific permissory or manda-
tory provision of law
The Garfield letter then proceeded with
a detailed explanation of. what had been
done in the matter of power site WIFI
drawals during his administration.
fingers reply to President Taft regard
ing the Garfield and Pinchot letters In
this letter Mr.. Ballinger said:
II am convinced that much of the ami
mus against me is due to the fact that
have had to find so many of my prede-
cessor's acts were without warrant of
law.
Misrepresentation Charged.
Pinchot claimed in his preliminary
statement that Ballinger in this letter
had been guilty of three misrepresenta-
lions to the President. He wished to
point out the first OF these. he said. by
the declaration that the letter and the
exhibits don't match" Mr.. Pinchot said
the letter referred to reclamation with
drawals whereas the exhibits cited py
Mr.. Ballinger referred wholly to with
dravals made under supervisory pow
er Mr. Pinchot next read from the
letter this statement by Mr.. Ballinger:
The only error I made in the whole
matter was in not making restoratlonS
and rewithdrawals (of power site iands)
concurrently. which / would have done
had I been as conversant with the facts
then as now.
DO you consider the course taken by
Secretary Ballinger in restoring all these
t~rr ~
mediate rewithdrawal a proper one!
asked Attorney Pepper.
Certainly not replied Mr.. Pinchot
IT will give you an illustration: suppose
lot of my neighbours chickens had got
ten mixed up with mine. / wouldn't nave
driven the whole flock out OF the road
and depended upon getting mine back. l
would have gone among the chickens
while they were in my yard: picked out
those belonging to my nefghoor ana
thrown them over the fence.
Mr.. Pinchot declared that former
Secretary Garfield had often told him
that he had told Secretary Bal1ngcr
he believed the Cunningham claims to
he fraudulent. whereas. Mr.. Ballinger.
according to the witness sought TO
give the impression that Mr.. CARRIED
had not made any such statements.
A decided surprise came at TINS
Basis for Pinchot's Charges.
point in the development that Mr..
Pinchot's charge that Mr.. Bal
iinger had in his reply to the Presi-
dent made statements that were ao-
solutely false in three essential par
ticulars" was not based upon Mr.. Bal
fingers letter, but upon letter writ
ten by Mr.. Ballinger's former la"
partner, J. T. Ronald, to DR.. Lyman
Abbott Mr.. Ballinger had sent this
letter to the President las part OF
his defense according to Mr.. Pin
chot. -, 49,
Mr.. Ronald, in his letter, said that
without knowledge of the records ne ieit
no hesitation in contending In Denalf OF
Mr. Ballinger that
port dealing with the Cunningham
4 The order revoking the clear-listing
OF the Cunningham claims was not paseo
upon a protest by CLAWS;
5. Mr.. Ballinger never appeared peIore
a congressional committee in the inter-
est of any Alaska claimants.
Mr.. Pinchot said 1t appeared from
copy of Mr.. Ronaids letter: when ne
ments on a magazine article containing
charges against which were noted the
marginal notes no in Mr.. Ballinger's
handwriting.
mony before the committee showed he
had reported on the Cunningham claims;
that Mr.. Ballinger admitted in a letter
to the President that the clear-listlng or
der was revoked on the protest of CLAWS.
and that Mr.. Ballinger in his testimony
before a congressional committee referred
to a group of thirty-three claims which
could have meant only the Cunningham
interests.
Senator Fletcher: why do you base
charges Of falsehood against Mr.. Bal
linger on a letter written by some one
else?''
Letter Transmitted to President.
Mr.. Pinchot: Because he annotated the
letter and transmitted 1t SO annotated
to the President as part OF his defeuse
to charges made by me in my letter of
November T.
Senator Fletcher: you mean to say
that Secretary Ballinger vouched for this
letter.
MI. Pinchot: 'I could draw no other
conclusions.
Senator Nelson: Don't you know as a
matter Of fact that before transmitting
Ballinger himself had made statement
to the President, in which he covered
these three points. and in which he stat
ed the actual facts"
Mr. Pinchot: Yes"
Senator Nelson: Then how do You say
that he willfully attempted to deceive the
President by transmitting this letter."
Mr. Pinchot: Il do not know the work
ings Of Mr.. Ballinger's mind, and do not
attempt to reconcile the two occur
rences.
At this point the luncheon recess was
ordered
Presidents Letter to Pinchot.
The Presidents letter to Mr.. Pinchot
introduced in the hearing today. was in
full as follows:
Beverly, Mass. September Is. 1909.
My Dear Clifford: / inclose herewith
a letter which / am about to send to
Secretary Ballinger for such use as he
sees At, In reference to the charges made
by CLAWS against Secretary Ballinger
Pierce, bennett and Schwartz. I have
reached this conclusion only after a very
and their answers to 1t. but 1 never
reached a conclusion based on stronger
conviction than this one Is.
.tClayis seems to be a man who has ar
orired to one idea and who has allowed
his suspicious to grow to such a point
as TO be altogether disingenuous In the
statement of evidence which he adduces
20 sustain his attack upon his superiors
II have made no reference to you in
this letter, which probably will be made
public, because l do not wish to bring
YOU into the controversy and his subordi-
advised Mr.. Ballinger and his subordi-
mates that ! wish your name left out of
the matter in their answers and refer
ences should il become necessary, as is
not unlikely to send the whole record to
Congress
Thinks Pinchot Unjust.