The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1910-06-25
The Case Against Ballinger.

The Case Against Ballinger.
Mr.. Brandeis' brief in the Ballinger
case. filed with the Joint Investigating
Committee today. is not likely to have
much effect upon the committees ver-
dict, for that verdict. there Is good
reason TO suspect. was substantially
decide upon before a word of testi-
mony was heard. and even before the
committee itself was appointed; but
the people OF the United States, with
whom. after all. the final decision
\ rests. will probably find the argument
OF CLAWS attorney sufficiently con-
vincing. IL sets forth the case against
Ballinger with accuracy and ability.
IL arraigns him before the bar of
public opinion as a shifty and insin-.
cerity. an utterly inefficient and un-
faithful public officer.
Ballinger cut sorry figure before
the committee. AS Mr.. Brandeis
points out. "he did not seem able TO
give direct answer" When con-
fronted with the evidence Of his own
duplicity. he evaded and quibbled.
When iRassailable records, In black
and white. were set before him. he did
not hesitate to interpret them gro
tesquely and incredibly. giving COM
mon words meaning opposite TO
their plain sense. Time and time
again he took refuge behind the plea
; that he did not know what was going
on In his own office. And, to top 1t
ALL he assumed an attitude Of blatant
defiance. He seemed to be firmly con-
vinced, In a word. that he would
be triumphantly vindicated. and he
plainly regarded the whole inquiry
! as an invasion on his right TO do as
ne pleased.
IL Is upon his slnsister connection
with the Cunningham coal claims in
Alaska that the case against Ballinger
chiefly rests. When he came to Wash
ington as Commissioner of the Gem
eral Land Office the effort of the Gug-
enormous tracts OF coal land was al
ready under way. Ii was Ballinger's
duty. as Commissioner, to oppose that
piracy. to break up that bold and in
tolerable conspiracy. But what did he
actually do? AS Mr.. Brandeis points
out. he gave a hundred proofs that he
was on the side OF the pirates. While
his own subordlnates were collecting
evidence against him. he himself was
In friendly communication with them.
He ''let them know what evidence the
agents had secured and what they
proposed TO do" In the end he clear
listed the Cunningham claims-and
then resigned his Office and appeared
In the open as attorney for the claim
ants.
IL Is difficult TO imagine a public
offlcer betraylng his trust more openly
and fagrantly. Whatever Ballinger's
honest opinion regarding the validity
of the Cunningham claims-and IL Is
only fair to him TO assume that he
was more or less sincere In that mat
tort was plainly gross breach of
propriety for him TO accept the re-
tainer OF the claimants after ne had
accepted tine Governments retainer
against them. \ lawyer who appears
upon one side and then upon the other
Is not a lawyer worthy Of confidence.
by the laws OF many States. In truth.
ne Is n lawyer In serious danger OF
losing his right to practice. All fair
men view such duplicity with abhor-
renee. II Is repugnant 20 every notion
OF honesty and Justice and decency.
And yet II seems necessary. In the face
OF tho direct evidence. 90 believe that
Balllnger was guilty o. Z.
This Is the man selected by Mr.
Taft TO sit at his Cabinet table. This
Is the man who seeks 10 pose before
the country as a martyr. This Is Bal
Ilngcr the Unht-Baltimorc Sun.