Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1910-06-14


heard, and what is even more, on charges
OF the preferring OF which against him he
had no knowledge whatsoever"
Concerning Mr.. Balllnger's defense the |
brief says that II consisted chiefly in |
explaining away the natural meaning Of
documents, in pleas of ignorance, In pac- !
| ing responsibility upon subordlnates. His |
word alone gives whatever force such |
testimony possesses"
| In conclusion the brief says: I'm this |
proceeding Mr.. wickersham appears no |
| longer as assistant judge filing his |
concurrence after decision. but an over |
Jealous advocate. In this proceeding Mr.. |
| Lawler is rot the Judge but stands in his
| true light, a prejudiced witness, bitter and |
vituperatlve.
such are tho facts. Such is Mr.. Bal
! linger's record. Such his character. Can
you say that the Department Of the In
terror. that the peoples domain, is in safe
hands2'
| Brief tor Mr.. BnlIinger.
Secretary Banlngers final word OF de-
Tense was presented in the form of a brief
prepared by his attorney, John j. Vertrees.
Mr.. Vertrees insists that neither the Of
fetal nor professional acts OF his clients
are open TO criticism ana declares that
none of the accusations made against him
have been sustained by presentation OF fact.
He says the accusations are the result of a
conspiracy and quotes freely from the evil
dence before the committee in an attempt
to prove the existence of a plot involving
former Secretary Garfield and former
Forester Pinchot, to secure his removal
fom office.
Defending NJ. Ballingers 'clearlisting' Of
the Cunningham claims as commissioner Of
, the land office Mr. Vertrees says the ac-
! MN do . .
r Field Division Schwartz, the official upon
whom he relied to the advised. IF that
E order was erroneous" continues Mr. Yer
= trees, clearly the secretary would be ex-
| cused, but 1t was not essoneous. 1t was
( proper and right as the record stood" lie
says that Mr.. Ballinger Immediately re-
voked the order when CLAWS suggested
that the claims should not have been clear.
y listed and that the claims had remained
$ in "chancery" 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
p investigate all Alaskan claims. He says
. Balinger defended CLAWS, asserting that
the criticisms which Ex-Governor Moore
had passed upon him because of the delay
in patenting the Cunningham claims was
: undeserved.
kerby's Testimony Analysed.
. question of injury to the government is in
volved," suggests Mr.. Vertrees. 1.-The pat
ents did not issue and the questions of the
u legality of the claims is now being tried
Finally it should be stated that the evil
dence of Stenographer Frederick M. Kerby
: alone is conclusive as to the recttude of
: Mr.. Ballinger's course. Kerby was his con-
= fidential stenographer and clerk and in
: charge of the confidential files II there
d were anything improper or corrupt to be
e known IL would be known to him. He was
[ eager to speak. He wished with all his
: soul to be called before the committee as
q he was called We called him. The COM
: mittee Will remember his eagerness and
n zeal lie was pressed to state what he
knew against his chief. Again and again
was he asked to state anything that in his
opinion reflected upon the secretary of the
interior. Not an act, not q transaction
: not thing, could be stated by him. He
. asserted that there was one thing and
II that was that Mr.. Bainger intended with
u full knowledge of his unftness, to appoint
IS r, H. Thomson, to be director Of the rec
n lamation service"
h Mr.. Vertrees calls attention to the rigid
: scrutiny and examination the Interior de-
}. lpartment has been under during the INQUIRY
!. and says nothing has been revealed which
IS reflects upon the loyalty, the integrity, the
= good faith. the sense Of duty of any man
= therein"
y The only persons who can be criticised, -
h continues Mr.. Vertrees, ARE those who
:, have been discharged and arrayed them
:. selves against the secretary and the De-
" Ipartment OF the Interior This inquiry in
wolves the good rame of a gentleman and
the reputation Of the member of the cab
"a met. 1t is no idle thing TO assalI the
70 character of a member of the cabinet. He
ar is one Of the advisers OF the president and
dishonorabe conduct on his part not only
brings disgrace to him as an Individual but
reproach upon the government itself. Con
~ seqCently such an accusation ought moi
d to be lightly brought. There ought surely
ID to be substantial grounds. Here, it may
n be asserted, there are absolutely none The
re- prosecution is cruel and it is baseless."
+ Secretary Garfield Wrong.
N Defending Mr.. Ballingers conservation
oI policy, Mr. Vertrees cites numerous case:
Ut in support Of his contention that former
q Secretary Garfield was wrong in his view
IS that the secretary of the interior in deal
n, ing with the public lands, had authority
in to do that which he may conceive advis
he able and for the public good, unless 1t b,
forbidden by some statute, and this neces
e. sarily without regard to the usage Of tn;
he past
r Mr.. Ballinger's position with regard t.
r. the exercise of the so-called supervisor,
he water power sites. on which question h
=, also differed with Mr.. Garfield, Is define,
na as follows: That when congress had, b!
- law, said that the public lands should b.
Is open to entry-that is, entry under TIN
= homestead, mining and desert land laws
~ IL is beyond the power OF any administra
~ tive officer to withdraw by executive or1e
uo the lands which congress has thus state
co shall be open to entry. Numerous case
ne also are cited in support OF thets view.
Oh Discussing the Garfield policy OF issuin
I'M cooperative certificates" whereby re
ito clamation projects could be expanded an
'pt extended, the brief says Mr.. Ballinger
is view that those certificates were illegG
'ly was fully sustained by the attorney ger
erals opinion, which held the certificate
invalid, based upon the fundamental propC
r.. stion that an executive officer could nC
- enter into any contract unless it was al
- thorized by some act of congress, an
that the reclamation act did not confS
10 authority upon the secretary OF the II