The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-05-27
In the Ballinger-Pinchot Com
mittee Investigation.
is NOT A PROPER MAN
To Remain in Charge of the
Peoples Interests.
Is the Way He Describes the
Secretary Of the Interior.


the case of the so-called prosecution"
before the Ballinger-Pinchot investi-
eating committee today, Attorney
Louis d. Brandeis, counsel for L. r.
CLAWS, declared that it has been con-
clusively established that Secretary
| Ballinger is not a man so zealously
| devoted to the interests of the common
people, SO vigilant and resolute in re-
sisting the insidious aggression of the
special interests, chat he may be safely
| depended upon TO carry forward tho
broad policy of conservation of our
natural resources"
THAT he is subject to far severer
criticism we firmly believe" added Mr..
| Brandeis.
| Mr. Brandeis spoke for about two
| ing after Attorney Vertrees had ad-
dressed the committee on behalf of Mr..
| Balhnger. He referred to Mr.. CLAWS
! as "the ideal public servant and to
| Clifford Pinchot as "a man of charac-
| ter so high to be even above the
suspicion of self-seeking.''
| He vigorously defended the action of
| Stenographer Frederick Kerby in MAX
| ing public confidential information of
( the interior department bearing on the
| preparation of the Lawler memoran-
| dunn and said: ITO criticise Kerby for
this act involves 81 total misconception
4
| 1.-THE secretary of the interior, the
trustee for the people of the public do
| main, should have the ability to stand
up against every one and should be
1 vigilant,'' declared Mr.. Brandeis.
| would any one think of clubbing our
| present secretary sStonewalP Ballinger:
| Instead of being unswerving he yields
| to pressure not only in acts, but also in
| statement, be it written or spoken.
Struggle for Democracy.
4 A.
red to as struggle for conservation, a
struggle against the special interest. 1t
/ is that but it is far more. In its
essence, it is the struggle for democ-
| racy, the struggle for the small man
| against the overpowering influence of
the big-politica1ly as well as f1nan-
cially. The struggle to establish that
| every American is entitled to equal
justice--in the public service well as
| in the courtS-that no official is so
| ruthlessly and unjustly upon even the
| humblest American citizens. The cause
| of CLAWS is the cause of the common
people and more especially the cause
| of hundreds of thousands of govern
ment officials
| Mr. Brandeis gave a chronological
resume of the Alaska coal LAND situa-
| tion from the time the Cunningham
claims were first filed upon in 1906 He
| laid particular stress upon the con-
| tention that Mr.. Ballinger, as COM
| missioner of the land office was fully
acquainted with the situation and per-
| sonally directed the procedure in the
| land office whereby the claims were
scrutinized. He declared that of 461
| Alaska coal claimants whose addresses
were secured by special agents early in
| their investigation 1856 appeared to he
residents of the Pacific coast and 164
/ lived in Seattle, Ballinger's home city
among the claimants were the men
of greatest influence in the state finan-
| cially and politically and among these
i were friends and associates of Mr.. Bal
| linger," said the attorney while these
Pacific coast claimants remained un-
| disturbed by further inquiries into the
validity of their claims most of the 9TH
| ers, those residing in Illinois and Mich
| igan, were, on September "a. 1907 di-
| rected to be thoroughly investigated.
Was it a coincidence that the inveStiga-
| ton of Special Agent Jones in the sum-
mer of 1907 into the Cunningham claims
stopped shortly after Ballinger return
| ed to Seattle, shortly after the agree
| rnent between the Morgan-Guggenhe
Alaska syndicate and the Cunningham
| claimants, which rendered an early is
sue of the patents important? Was it
| a coincidence that an active inquiry
was undertaken into the claims of resi-
| dents of Illinois and Michigan?'
The Cunningham Claims.
Proceeding to the clear listing of the
Cunningham claims in 1907, Mr.. Bran
| deis said that the suspension of the or
der after CLAWS protest was evidently
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 BalliDger had drafted to overcome e
that obstacle. failed and the law of May
%, 19o8 was enacted, Lawyer Bal
1inger was appealed to for aid, not
only by Clarence Cunningham but by
| "Ballinger's influential friend, g. j..
Smith-the senator maker"
He said Ballinger then drew the Cum
ningham affidavit containing sworn
statements obviously in irreccncilable
conflict with the terms of the then ex-
isting agreement with the Morgan
Guggenheim syndicate of July 20, 1907
de referred to Balhngers trip east to
see ''1his old friend Garfield and "his
friend and protege, bennett" OH be-
half of the Cunningham claimant.
why did Ballinger do that? he ask
ed.
aHe SAYS that these were not strict
ly legal services. If they were not, so
much the worse. Was this then an at
tempt to capitalize his friendship with
Garfield and with bennett; to capital
ize an influence necessarily attending
his recent incumbency in Office: to cap
itsIize the knowledge he had acquired
| when fllicg the important office OF
land commissioner?
Forgot the Rules.
HE gays he was very unwilling to
| undertake this land Office work an6
that he rather Unexpectedly received
only reimbursement of his travelling ex-
penses. If this be so, so much ths
worse. If against his will and without
expectation of compensation, he under
took this service for such men as Chas
]. Smith, Charles sweeney. Horace c
Continued on Page Eight.l