The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-06-13
Attorneys in the Ballinger-
Pinchot Investigation
Submit Written Argument to
the Congress Committee.
HAS MADE NO CASE.
Is Vertrees' Allegation Against
the Prosecution.
brandels Holds That All Charges
Have Been Proven.

washington. June 13.-Ballinser-Pin-
chot briefs were filed by the attorneys
for the prosecution" and defense
with thu Ballinger-Pinchot investigat-
Ing committee today. The committee
did not meet today, but will assemble
next Saturday to prepare for its deIib-
erations. Attorney Brandefs. counsel
for former Special Agent CLAWS. and
Attorney Pepper, counsel for former
Forester Pinchot. contend in their
briefs that the evidence adduced dur
| ing the investigation has shown that
Secretary Ballinger is unfit to admin
lister the fairs of the public domain be-
cause of an obvious leaning toward a
policy of distribution instead of con-
| servation of the peoples land. They
condemn his attitude toward the cham
p1ons OF conservation and charge him
with causing embarrassment to the
president and loss to the people.
Equally insistent that Mr.. Ballinger's
actions in and out of the interior de-
partment, have not been open to criti-
cism, Attorney Vertrees, counsel for the
| secretary, declares that none of the ac-
! cusations made against him has been
! sustained by presentation of fact. Mr..
Vertrees attempts to show by the evil
dence that there has been a con-
| spiracy afoot to secure Mr.. Ballinger's
|
approve of the so-called Garfield
policies.
BaIIfnger's Brief.
when we consider how baseless
and groundless this accusation against
Mr.. Ballinger is and the loud and We
nement cries of those who have urged
| it on, we recall the language of Fau-
vety, a juryman of the days of the
reign of terror in France. In writing
\ to one who served with him, Fau-
vety says: My colleague is worth moth
| ing-absoluteiy nothing Sometimes he
wants to save counter-revolutionary
priests. He requires proofs, as in the
| ordinary tribunals of the old regime.
We sometimes have very heated dis
cussions.' " ..,+.--
| Mr. Vertrees insists that neither the
official nor professional acts of his
| client are open to criticism and de-
| clares that none of the accusations
made against him have been sustained
by presentation of fact. He says the
| accusations are the result of a con-
spiracy against him and quotes free
ly from the evidence before the COM
mittee in an attempt to prove the ex-
| istence of a plot involving former Sec
retary Garfield and former Forester
| Pinchot to secure his removal from
office.
| "First of all, 1t is to be borne in
mind that Mr.. Ballinger neither d.
| rectly nor indirectly at any time was
4 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 had ever had with the
Cunningham claimants was the prep
aration of the affidavit in September,
1905. He had not been counsel there
tofore; he was not counsel thereafter;
! he entered the office of secretary with
out interests of any kind. Indeed. as
expressed by him, he dissolved his
firm, disengaged himself and burned
his bridges behind him"
The Cunningham Claims.
Defending Mr.. Ballinger's "clear
| listing" of the Cunningham claims as
commissioner of the land Office. Mr..
Vertrees says the action was upon rec
| ommendation of Chief of Field Divf-
sion Schwartz. the official upon whom
he relied to be advised. eff that or
der was erroneous continues Mr..
Vertrees CLEARLY the secretary would
be excused. but it was not erroneous.
| 1t was proper and right as the record
stood He says that Mr.. Ballinger
! imm mediately revoked the order when
CLAWS suggested that the claims should
not have been clear listed and that the
claims had remained in "chancery'' to
this day.
Mr.. vertrees points out that
| throughout the entire time CLAWS had
4
| 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 patenting the Cunningham
claims was undeserved.
| eft must be borne in mind also that
no question of injury to the govern
ment is involved" suggests Mr.. Ver-
trees. "The patents did not issue and
1 I+I, Of he
| claims is now being tried. Finally 1t
/ should be stated that the evidence of
| Stenographer Frederick NJ. Kerby
| alone is conclusive as to the rectitude
of Mr.. Ballinger's course Kerby was
his confidential stenographer and
| clerk: in charge of the confidential
files. If there were anything improp-
| er or corrupt to be known it would be
known to him. He was eager to speak.
He wished with all his soul to be
called before the committee as he was
| called We called him. The commit
fee will RENE mber his eagerness and
zeal He 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 interior. Not an act, not a
transaction, not a thing, could be stat
ed by him. He asserted that there
was one thing, and that was that Mr..
1 Rallinger intended, with full know
| ledge, of his unfitness, to appoint R.
H. Thompson, to be director of the re-
cIamation service"
| Referring to Kerby's testimony that
The regarded Thomson as unfit because
Mr.. Ballinger thought he was the man
| to go to Alaska to advise j. z. Morgan
and company when his friend, Geo.
! w Perkins, of that firm, asked him to
recommend a western engineer to
make an examination with view to
a contemplated railroad enterprise.
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