Evening star. [volume] (Washington, D.C.) 1854-1972, 1910-05-28
DEFENDS EVERY ACT
Vertrees Declares BaIlinger'S
Course Above Reproach.
EXCORIATES HIS CRITICS
Gives Disappointment and Revenge
a. Reasons for Attack.
SPEAKS OVER TWO HOURS
Resumes His Argument Before the
Ballinger-Pinchot Committee.
Brandeis and Pepper Next.
|EXCORIATES HIS CRITICS
SPEAKS OVER TWO HOURS

disappointment and revenge Of men in
capable of generous impulses and sentl-
exclaimed his defender. Attorney
John j. Vertrees. during continuance
of his summing-up argument before the
BALM ger Pinchot investigating committee
today.
Vertrees asserted that every official act
of Mr. Ballinger had been above re-
proach,' but that even il he had been
guilty of improper conduct in preparing
the Cunningham affidavit the committee
would have no authority to censure him
for what he had done as a private citi-
zen. He added. however, that he did not
care to stand bchird that question. and
that If the committee thought he had
done anything improper he should be
censured.
Discusses Cunningham Claims.
For more than two hours of the fore
noon session OF the final public hearing
of the committee. Mr. Vertrees address
ed himself to the subject of the Cur
ningham Alaskan coal claims in support
of the contention that there was nothing
in Mr.. Ballinger's connection with them
as commissioner of the land Office. as
Secretary of the Interior or as a private
citizen that justified criticism.
eertrces insisted that it had been
shown that Bailinger had Originally
clear listed the Cunningham claims
on recommendation of Chief of Field
Service Schwartz and that when later.
after his retirement from the land ONCE,
he had drawn up the Cunningham aff-
davit, his conduct was not improper in
asmuCh as he possessed no information
by reason of his former position that by
any possibility could be used to the
prejudice of the government.
He also denied that there was any rui-
ing in the department that made it inn
proper for him to represent the claim
ants under the circumstances.
Scores Former officials.
Former Secretary Garfield and former
Forester Pinchot were bitterly scored by
Mr.. Ballinger's attorney. He said Car
fields attack upon Ballinger was the act
Of disappointed office seeker who, as
secretary, might be compared with a SO
horse under $1Go saddle, who realized
that stripped Of his saddle he would find
himself mere pony. Nertrees said
that Pfneilot as forester reminded him of
small pOssum up very big tree.
When the committee took the usual
luncheon recess Mr. VertreeS had about
an hour of his time remaining. 1t was the
expectation that Attorneys Brandeis and
TSlptt "Oulu OtCups Oil iiOul VI
their remaining two hours in replying to
Vertrees' argument.
Discusses Cunningham Cases.
Mr.. Vertrees. counsel for Secretary Bal
linger, proceeded with his argument and
took up the subject of the Cunningham
coal cases. He referred at length to the
legal situation in Alaska. SO far as the
land laws were concerned. He asked
members of the committee to remember
that when Mr.. Ballinger went into Office
as commissioner of the land office March
4, 1907, the Cunningham cases had been
advanced nearly to completion.
Everything had been DONE he said,
except making the final payments. and
getting receipts and certificates
Mr.. Ballinger. he said, had come into
office under circumstances which ought
to preclude the suggestion that he did
anything except his duty.
Mr.. Ballinger,' he said, accepted
this Office with reluctance. When it
was rendered to him he declined it,
which. it seems TO me. utterly precludes
improper purpose. He had no interest.
directly or indirectly, in any of these
claims. He entered the Office with the
single idea to the discharge of his
duty"
If the members of the committee should
decide against Secretary Ballinser. said
Mr.. Vertrees. they would have to cast an
imputation upon ever man in the In
terror Department who had anything to
do with the Cunningham claims.
They must proceed upon the aSSump-
ton that these men are not to be be-
lieved." he said.
Terms Testimony Malevolent.
Testimony against the Secretary was
termed "malevolent vociferation" by
the attorney, who declared that there
had been no substantial charges sus-
tanned against him.
Guggenheim. seems to be the boyle
Of the west" said Vertrees, with en-
phasis. Il assume he is like other men,
He has his virtues and his faults. lie
built a railroad in Alaska without any
stock or bond issue and with. his own
money, and that seems to be a good
thing to me-.
Reading extensively from the printed
testimony. Mr.. Vertrees declared that
Special Agent H. T. Jones and others who
took affidavits Of coal claimants made
record only of such statements as they
believed to be damaging to the persons
making the claims.
NO act capable of two interpretations
ever receives an honest one at their
hands, he charged, referring to Claws,
Jones and others who had been interested
in the Cunningham cases and were In
OQpOSltiOu W 1cClcloiS AAiAi"oSA'
Action Based on Schwartz's Report.
eff anything wrong was done at all
by Ballinger it was the clear-listing of
the Cunningham claims" said Vertrees.
He added that the order clear-listing the
claims was made upon the report Of
Schwartz, chief of the field service, that
it was the right thing to do, and that
the record sustained that Interpretation.
But" he added, my point is that if
the records did not sustain Schwartz's
Ballinger that they were correct and
that the claims ought to be clear-listed.
nothing short of malice could impute
wrong-doing to Mr.. Ballinger in clear
listing them"
Mr.. Ballinger's action in drafting the
Cunningham affidavit and presenting it to
Secretary Garfield and the land office was
justified by his attorney on the ground
that he had left the public service at that
time and was private citizen.
Garfield and Pinchot Denounced.
Former Secretary Garfield was de-
nounced as a disappointed Office seeker
who knew that "once stripped of his sad
die he would find himself a mere pony"
while Mr.. Pinchot was characterized as
"a small possum up very big tree"
1T is an objectionable sin to cross the
ambition of man. exclaimed Attorney
Vertrees Such a man will forgive al
most anything. but 1t was an unpardon-
able sin for the President to cease to re-
tain Mr. Garfield as Secretary of the In
terror