The Clarksburg telegram. [volume] (Clarksburg, W. Va.) 1874-1926, 1910-06-16
Emphasizes Statement That a
Conspiracy Against Him
Exists
TO FORCE HIM OUT
Discharged Persons Are the
Only Ones Really to Be
Criticised.

MISUNDERSTANDING investigating COM
mittee today.
The committee diS not meet today
hut will assemble next Saturday to
prepare FOR It's dell6eratron. Attorney
BrandeIs, counsel for CLAWS, and At
torney Pepper counsel for PInchot,
contend in their briefs that the evl-
deuce adduced during the investiga-
ton has shown that Bailinger was un-
iii to administer the affairs Of the
public domain, because OF obvious
Gaming toward the policy of dlstrlbu-
ton instead OF conservation Of the
peoples land.
Equally insstent that Ealltnger's
actions are not open to criticism, At.
torney Nertrees. counsel for the sec
rotary, declares that none of the ae-
cnsatons made against him were sus-
tanned BY the presentation of the
facts
Mr. yertrees. after making an ex-
hlustive review of the evidence before
the committee. concludes:
When we consider how baseless
and groundless this accusation
against Mr., Ballinger is and the loud
and vehement cries of those who
have urged 1t on, we recall the Lam
suage of Fauyety, a juryInan OF the
days Of the Reign of Terror in France.
IN writing to one who served with
him, Fauvety says: My colleague is
worth nothtng-absolutel nothing.
Sometimes he wants to save counter
revolutionary priests. He requires
proofs. as in the ordinary Tribunals
u the Old Regime. We sometimes
have very heated discussions"
Mr.. vertrees insists that neither
the official nor professional acts Of
his client are open to criticism and
declares that none of the accusations
made against him have been sus-
tained by presentation of fact. He
says the accusations are the result OF
. conspiracy against him and quotes
freely from the evidence before the
committee in an attempt to prove the
existence Of plot involving former
Secretary Garfield and former For
ester Plnchot. to secure his removal
from office
First OF all, it is to be borne in
mind that Mr.. Ballinger neither dl-
recty or indirectly at any time was
interested in any coal lands in Alaska .
says Mr.. Vertrees. HE was not coun-
sci for the Cunningham claimants and
others as Mr.. CLAWS said. At the time
he became secretary he was counsel
for not one of them. The only con-
nection he ever had with the Cunning
ham claimants was the preparation of
the affidavit in September. 1905 He
had not been counsel heretofore; he
was not counsel thereafter; he entered
the office of secretary without inter-
ests of any kind Indeed, as ex-
pressed by him. he dissolved his firm,
disengaged himself and burned his
bridges" behind him."
Defending Mr.. Ballinger's clear
listing" of the Cunningham claims as
commissioner of the land office, Mr..
Nerees says the action was upon re-
conmendation OF Chief OF Field
Division Schwartz, the official upon
whom he relied to be advised. IF
thnt order was erroneous" continues
Mr. Nertrees. clearly the secretary
would ne excused, but 1t was not err
roneous 1t was proper and right as
the record stood" He says that Mr..
Ba'liugcr Immediately revoked the or
der when CLAWS suggested that the
claims should cot have been clearllsted
and that the claims had remained in
'rhancery" to this day.
Mr. Vertrees points out that
throughout the entire time CLAWS had
been kept in charge and was the one
man relied upon to investigate all
Alaskan claims. He says Ballinger
defended CLAWS, asserting that the
criticisms which Ex-Governor Moore
had passed upon him because of the
delay in natenting the Cunningham
RAINS was undeserved.
1T must be borne in mind also that
"1 question Of injury to the govern
mon, is involved" suggests Mr.. YER
Tees The patents did not issue
ana the questions Of the legality of he
Claims is now being tried. Finally it
should he stated that the evidence Of
9'"0"grapher Frederick NJ Kerby
a"ne is conclusive as to the rectitude
ID. Mr. Balinger's course. Kerby was
ME- confidential stenosrapher and clerk
and .n charge Of the confidential files.
here We're anything improper or
corrupt 90 he known 1t would be known
10 nam. He was eager to speak He
WISHED with all his soul" to be called
.e''"e the committee as he was called.
We ealIed him. The committee will
''".nber his eagerness and zeal. He
Was pressed to state what he knew
aS'tast his chief Again and again was
Ne asked to state anything in his opin-
,'R rejecting upon the secretary of the
interior. Not an act not transac-
.oR not a thing. could he stated by
nm He asserted that there was one
"ng, and that was that Mr.. Ballfnger,,
'"Seaacd. with full knowledge OF his
aAi';aesS to appoint r. II. Thomson,
,0 uE d A.. ~.