The Birmingham age-herald., 1910-06-14
his firm, disengaged himself and burned


 his firm, disengaged himself and burned
 his bridges behind him."
 Defending Mir Ballinger's "clear list ing" of the Cunningham claims as com missioner of the land office, MT. Yer trees says the action was upon recom- mendation of Chief of Field Division Schwartz, the official upon whom he relied to be advised. If that order was erroneous" continues MT. Yer trees. clearly the secretary would be excused, but it was not erroneous. IL was proper and right as the record stood" He says that MT. Ballinger immediately revoked the order when Glavis suggested that the claims should not have been clear listed and that the claims had remained in "chancery" to this day.
 GInvis Kept In Charge
 Mir. vertrees points out that through out the entire time Glavis had been kept in charge and was the one man relied upon to investigate all Alaskan claims. He says Ballinger defended Glavis, asserting that the criticism which ex-Governor Moore had passed upon him because of the delay in pat enting the Cunningham claims was un- deserved.
 Tt must be borne in mind also that no question of injury to the govern ment is involved" suggests MT. Yer | trees. The patents did not issue and | the questions of the legality of the fciaims is now being tried. Finally It | should be-, stated that the evidence Of lStenographer Frederick K. Kerby alone | Is conclusive as to the rectitude of MT. Ballinger's course. Kerby was his con- fdential stenographer and clerk and
 in charge of the confidential files. If
 there were anything improper or cor
 rupt to be known it would be known | to him. He was eager to speak. He wished with all his soul to be called | before the committee as he was called. We called him. The committee will | remember his eagerness and zeal. He was pressed to state what he knew
 against his chief Again and again was
 he asked to state anything that In nis
 opinion reflected upon the Secretarv of
 the Interior. Not an act. not trans !. | action, not thing, could be slateA.
 him. He asserted that there was one
 thing, and that was that MT Ballin : ger intended, with full knowledge of his. unf1tness, to appoint R. H. Inom- son to be director of the reclamation | service" 4--e.- i-'i5sf Kerby's Testimony Referring to Kerby's testimony that
 he regarded Thomson as unfit because | to go to Alaska to advise J. F. Nor Egan & Co.,, when his friend George
 W. Perkins, of that firm, asked him to recommend a western engineer to make an examination~with a view to con- templated railroad enterprise MT. Yer trees says: This is the only sign of Mir Ballinger which MT. Kerby could name ?
 MT. 'yertrees calls attention to the rigid
 scrutiny and examination the interior de- nj "a fv,-
 quiry and says nothing has been re-
 vealed which reflects upon the loyalty.
 the integrity. the good faith, the sense
 of duty of any man therein"
 The only persons who can be crit
 icised," continues MT. vertrees, ''are
 those who have been discharged, and
 have arrayed themselves against the sec.
 retary and the Department of the In. , terior This inquiry involves the good name of a gentleman and the reputation of the member of the cabinet. It Is nc
 idle thing to assail the character 0f z
 member of the cabinet. He is one of ths
 advisers of the President and dishonor
 able conduct on his part not only bring.
 disgrace to him as an individual, bu reproach upon the government itself. Con
 sequently such an accusation ought no
 to be lightly brought There ought sure
 ly to be substantial grounds. Here, i : may be asserted there are absolutel, none. The prosecution is cruel and it fl baseless.'
 Accusations Defined
 } MT. Vertrees says the accusations
 against MT. Ballinger relate, officially. t his policies with respect to conservation . water-power sites and reclamation ant to his course with respect to the Gun , nngham claims and, personally, to cer | ltain acts of alleged professional impro priety committed by him as a lawyer not as an official, but when in privat life. s..sS. ...--
 7 Defending Mr BalIingers conservatio policy. MT. yertrees cites numerous case . in support of his contentioz shat forme : Secretary Garfield was wrong in his vic, : that the Secretary of the Intertpr. l
 dealing With the public lands, had au 2 thority to do that which he may concelv | advisable and for the public good unles ' 1t be forbidden by some statute, an n this necessarily without regard to tn ! usage of the past.
 = Mir Ballinger's position with regard t u the exercise of the so-called supervisor 2 power with respect to the withdrawal c water-power sites, on which question h r also differed with Mir. Garfield, Is de . had, by law, said that the public land
 should be open to entry-that is. entr
 l under the homestead, mining and desel d land iaws-it is beyond the power ( T any administrative officer to withdraw b n executive order the lands which Congrea r. hss, thus stated shall be open to entr, e Numerous cases also are cited in suE s port on this view If Garfield Policy
 c Discussing the Garfield policy of isSuin l. "co-operative certificates whereby reel, it nation projects could be expanded all m extended, the brief says Mr. Ballinger eI view that those certificates were illegi ;. was fully sustained by the Attorney Ger l. erals opinions which held the certificate a invalid based upon the fundamental prol