The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1910-06-13
PLEA OF IGNORANCE
ENOUGH TO CONDEMN
ASSERTS BRANDEIS

torney Brandeis says:
The best defense Mr.. Ballinger has
offered is that he was ignorant OF the
situation in Alaska, and that all Of
the acts for which he is criticised
we're performed by subordinates for
whom he is not responsible.
such a defense in itself is enough
to condemn him. The natural re-
sources of Alaska have value so
huge as to be beyond estimation and
they all still belong 10 the people. Yet
the trustee of these resources for the
people says he did not know what was
being done and allowed his subordin-
ates to dispose Of them.
Even this plea of ignorance can
not be maintained. In our opinion the
record amply discloses Mr.. Ballinger's
knowledge of the situation and shows
his hostility to the peoples interest
and his cooperation with the private
special interests which were and are
striving TO take the peoples property
in violation of law
Conclusion Of Lawyer.
The conclusion as expressed by Claws
attorney is: These facts which have
becn stated are proved by the record.
and by this record the Department Of
the Interior is 20 be judged 1t is not
the same record which was before the
President. and therefore his opinion is
not brought directly in question here,
nor is it a precedent TO bind this com
mittee.
In this proceeding Mr.. INickersham
appears no longer as an assistant judge
filing his concurrence after decision, but
as an OveTZealOUs advocate. In tins
proceeding MI Lawlor Is not the Judge,
but stands IL his true light, preJudiced
witness. bitter and vituperatlVe. In TINS
proceeding CLAWS has had the OppOI-
tunity to hear the charges against nina,
to confront his accusersl and 70 wiring
from them unwilling admissions, 10 ui!-
cover their evasions and their secrecleS-
Snakes or Honest Men.
In these controversies. CLAWS, Pin
chot, Jones, and Kerby have been dis
missed. Hoyt has resigned. Newell and
Davis hold so slight a tenure OF office
that before this committee reports they
may be no longer in the service From
the conduct Of these men this commit
tee will determine whether they are
honest men or snakes to De knleu anu
traitors TO be Shamed. II anyone or
them has told the truth, the secretary
OF the Interior is Cishonored and unh-
for his office
fingers record. Such his character
can YOU say that the Department OF the
Interior, that the people domain, Is IN
safe hands?
10 BalIinger'S alleged efforts to aid the
Alaskan coal claimants The attorney
asserts that il has been shown IhaJ al
that was done in the Interior Depart
ment in connection with these matters
was 70 the interest Of the claimants ana
not Of the people, beginning first with
the clear listing OF the CUNNINGHAM
claims, and continuing through all SUD
sequent efforts in opposition 10 the CON
tention of CLAWS and others who IN
sisted upon an investigation
BaIIinger's Employment.
Attorney Brandeis declares that Bal
fingers previous employment as an at
torney by the coal claimants, prior 70
his .appointrnent as Secretary Of the In
terror. is in itself sufficient TO disprove
The Secretary's statement that he knew
nothing either about the claimants or
the Alaska situation
Tnon the subject Of Mr.. RalliuSer's
employment as attorney for the claim
ants the brief says.
six months before ne drew the af-
fdavit for Cunningham, IIr. Ballinger
was Commissioner OF the Land once,
and in that office had had control or
the investigation instituted with view
OF CauCelling the Cunningham claims.
He had personally directed Jones at the
time when the first afrdaNltS were Sc
eIred from Cunningham claimants He
had personally directed CLAWS TO resume
investigation of these claims. Then he
personally clear-listed them and later
again suspended the clear-listing order.
Acceptance Of Fees.
He had all the information in the
Land Office in regard 10 the Cunning
ham claims and knew the strength and
weakness OF the Governments case. In
effect he had been the Governments
chief prosecuting attorney against the
Cunningham claimants.
Now think of what he did after he
left the Land Office. After having
represented the Government against the
claimants, he accepted a fee on the
other side of the case advised and con-
suited with the claimants, placed the
knowledge he had acquired in the Gov
erumenJS service NJ their disposal. drew
a SDeciOuS and perjured affidavit for
the purpose Of overcoming the evidence
obtained by the Government ard pcr-
sCnally took this AFFIDAVIT TO Secretary
Garfield and appeared before Commits
siOneT bennett in order that his friend
ship with those men and the influence
resulting from his former association in
office with them might count in favor
of his clients. the CunniDgham claim
ants This is the kind or thing for
which attorneys in practice are and al
WAYS have been disbarred-
Ground of Condemnation.
I'VE do not base our condemnation Of
Tr PalliEger ppon the ground that he
was disObeying the law in representing
the Cunningham claimants. We condemn
him upon the higher ground that his
conduct was not in accordance with the
instinct Of honoroble men and was in
violation Of the rules Of professional
ethics which are binding upon all law
yorsP
The most scathinC araignment of
BallirEer Is in connection with his own
testimony before the committee.
With respect 10 this the brief SAYS
We do not believe that in the history
OF this country any high official Of the
nation has ever presented so humlliat-
ing. a spectacle as Secretary Balllnger
did during his CTOss-eNam inatiOn- He
did not seem able 10 give a frank an
swer. Sometimes he refused to answer
at all. His answers were seldom respOn-