New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1910-05-12
MR.. BALuNCER DEFENDED
Was Drafted by Roosevelt ana
Garfield, Says Senator Piles.
BnRAH ON CONSERVATION
Attacks Theory of Presidents
Supervisory Power" Over Pub
tic Lands-Reply to Brandeis.
I'm, -1,e Ii hum Duran 1

From The Tribune Bureau
washington. May 1.-THE critics of Sec
-,,s-v Rallinger received two hard knocks
a. the Senate to-day. First Senator
,,1-sb. one Of the ablest lawyers in the
ceaste. IN an exhaustive speech riddled
,vsecretary CSsrfield's theory Of the ''su-
-s-visorv power of the President which
r. pronounced a figment OF the legal brain
+be former Secretary. When Mr.. Borah
te5 finished Senator Piles. who was
s-erre6 into the Ballinger- Pinchot con-
.-o,-e~sv yesterday by Louis D. Rrandeis,
,arrseI for L r CLAWS. charging the Sen
,.c- with responsibility for the appointment
- ~. RsIlinEer as Commissioner OF the
General Land Office, made q short state
,.--. in which he declared that President
poosavelt and Secretary Garfield practically
s-zr,ed Nj. Bsllinger into the public ser
.1-c
He said re had no doubt thai Mr.. Roose-
yet would verify under oath every state
-7--t made by him regarding the circum
stances cf NJ Ballinger's appointment 80
-be Land once. and added that President
-sf- would verify his statement that neither
n ro- his colleague. Senator Jones. had
heen consulted regarding the selection Of
II BsUinEer as Secretary Of the Interior.
vrh the exception OF a feT details, the
rtasenents made by Senator Piles are
proved bv letters and other records in the
rsuineer- P1nchot proceedings
Mr. Sorah on Conservation.
ASIDE from speech by Senator Simmons
sr favor Il z long-and- short-haul clause.
70 consideration was given TO the inter
,tste commerce hill by the Senate to-day.
senator Borah took the floor when Mr- Sim
discussed the legal vsEaTies Of the So
rale5 supervisory power Of the President
r. withdraw public lands. Incidentally. Mr..
Po-sh indicated his hearty approval Of the
conservation policies OF President Taft,
-ricf he said. meant the development OF
III West IN 7 progressive and practical
va Re Old not discuss any specific con-
ra-vation problem. but laid down the gen
s-sf rule that 10 progress is possible IN
5zse il shall conform TO and be within the
Irw. He said the men Of the West were
- land era bbers who sought 10 despoil
- public domain. nor were they willing
-h7- The great natural resources OF their
states should pass into the hands Of trusts
sr5 uonopolies- They were seeking in good
fs5rh - develop their resources and were
entitled 70 the good --ill and assistance Of
ro,-E-ess afr Borah laid down as the
hzzrc proposition o. his argument the key
ror= para graph Of President Taft's special
message On conservation. which vas as
fellows The problem is how 70 save and
-oz 20 utilize. how to conserve and still
ce-e1op- for no sane person can contend
-=z- IT Is for the common good that IA lures
blessings are or Il for unborn generations
IT. B0rah read many court decisions IN
support Of his contention, and quoted At
-,,EC-
Villas Hoke Smith and others, saying:
al the great Secretaries Of the Interior
have refused to ocns-rue the law as giving
hem power to make general Withdrawals
If tbs public land"
Explanation by Senator Piles.
Senator Piles said his attention had been
-zited 70 an intimation made At the Bal
'i1Eer-Plnchot hearing yesterday that he
lad brought about the appointment Of Mr.
fsallinser as Commissioner OF the General
Land once n the interest of certain per
ms IN the State OF Washington who were
rrrerested in getting public lands. He said
rs intimation vas without any foundation
--1srever. No man in Washington had
rrer suggested that he recommend Mr.
Ps1liazer or endeavor TO bring about his
appointment He had never given the sub
c7ued him on the telephone and told him
Hfr- Roosevelt wanted 10 see him. Re
bonding 10 this message, ne went 10 the
z l+te House. Mr. Roosevelt asked him Z
- knew Nj Ballinger. and he replied that
fr Vas well acquainted with him. The
resilient wanted TO know the kind Of
man NJ BalIinger was. and Mr.. Piles told
Inn re was man of high character and
Z eat ability. The President then said that
Re wished Mr.. Piles to send a message TO
~ RaIlingeT offering him the appoint
r-e1t Of Commissioner of the General Land
Cf7Ce- Mr.. Roosevelt explained that Secre-
ta-v Garfield had recommended Mr.. Bal
Enzer highly and that both he and Mr.
Garfield we're anxious TO have 2 good man
IN nat Office. Mr.. Piles said he then told
the President that he would send the mes
sage, but he did not believe MI. Balfinger
would give Up his law practice TO accept a
government post He declined to accept
hut considered when President Roosevelt
and Secretary Garfield sent him long tele-
Grams urging him to come 70 WASHINGTON
ard insisting that it vas his patriotic duty
70 CO 50.
Senator Pies said he had even less 10 do
with M BaIlinger'S appointment as Score
tsry % the Interior. The first accurate in
formation be had that M BaIIinger was
being considered for this place was from 2
newspaper article He saw Mr. BaIlinger
N Seattle later, and asked him IL he was
-eeklng appointment as Secretary Of the
Interior NJ Bsllinger replied that he WIS
not candidate and did not want the au-
polntnen- he explained that he and MI
'-7rIleld had been IN college together: that
Garfield was his friend; that he wanted n
e MN reappointed. and intended to do
-77er1thins IN his power TO help him Mr.
Niies said t1et when II became deHri+e1v
tno"n hat Mr. Ballinger vas 70 b- ap-
pointed Secretary OF the Interior he had :
'sik with his colleague. Senator Jones. He
feio senator Jones that he had not been
nonsoiaeo regarding the appointment. and
Jones sslo President Taft had not
asked his advice They did not think -
strange that they were not cons,,l,.5 :,
fhe selection Of the Presidents Official fam