The Sentinel=record., 1910-02-15

and people may have looked at the
thing differently, his action or partic-
ipation in the drawing up of an es-
crow agreement TO turn over claims
that had not been proved up and have
not been proved up. as matter of
tact, was criminal But the statute of
limitations has run and the evidence
is not quite clear. The record speaks
for itself.
Another thing wns Mr.. Ballinger's
expressions in the summer OF 1907 TO
Special Agent Jones, when he knew
that there had been violations of the
coal land laws. His statement that he
was coming to Washington to see
what congress could do to help tae
claimants get patents.
His action one OF the most impor-
tant in going to show that he is not
loyal 10 his trust and not faithful to
the people, was this one:
After giving me the full right and
instructions to make a full and COM
plete investigation of all the coal
cases. he personally took up an old
report by Special Agent Love a few
days after, and deliberately ordered
the Cunningham claims to proceed to
patent.
The Love report, to my mind, ami,
! nave acted ON thousand or more
reports, did not in itself warrant a
favorable recommendation. 1t showed
there had been an understanding
among the claimants and suggested
fraud rather than a compliance with
the law.
Another evidence that Mr.. Ballin-
ger was not trying to protect the peo.
pies rights was his appearance before
the public lands committee of the
house in favor of the Gale bill. which
carried out the statement Ballinger
made to Jones. that he would do what
he could 20 secure legislation which
would have enabled those fraudulent
claimants to secure patents. IF the
Gale law had passed it would have
validated the claims.
The next step Mr.. Ballinger took
was his unprofessional action-.at
least members OF the bar regard IL So
and | know of no attorney who
would have done ft--indeliberately GO
ing around and representing TO their
side after having been commissioner
OF the land office and having full
knowledge of the character of the in
vestigation we had made.
He did not act along the Cunning.
ham group, but in the Green group
as well. in which he took six affiday.
its. He also acted as arbitrator be-
tween IL r. Hartman and John Hart
lie relative To the purchase of some
coal claims.
His next action consisted in his
asking me in the fall OF 1908 when he
was in politics and arranging for cam
paign contributions to hold off any
investigation of the coal cases. This
showed me he did not have the in
terests of the government at heart. ;
In reply TO Representative Olmsted,
CLAWS said Mr.. Ballinger was not an
officer of the government at the time
but on a committee to get campaign
contributions.
Another action which showed he
was unfaithful was the fact that after
hearing at the conference between Mr..
Schwartz. Mr.. bennett and myself,
that there WAS great necessity of Sc
curing a construction of the law of
May. 1908, and agreeing with lis that
the matter was of such importance
that the attorney general should act
on il and after instructing us to pre-
pare a letter TO the attorney general
for him to sign, he deliberately chang
ed his mind for some reason and turn
ed the matter over to a subordinate
of his own department
None of these things upon which
a criminal charge could be predicated.
hut 10 my mind. it was far more COW
ardly for him to direct these things
than II man had actually stolen
something for which he could have
been convicted.
These statements are all that can
recall that show him unfit for his Of
fee, unfit to his trust and not loyal TO
the people"
Mr.. vertrees indicated today that
his cross~examination viii DO a thos-
ough one. The inquiry will proceed
tomorrow morning and II is expected
that for some time to come, daily ses-
slons will be held