The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1910-05-28
Brandeis and Pepper Declare
That the Secretary Is Un-
fit for His Position
vERTREES DEFENDS HIS
CLIENT vEHEMENTLY
Attorney for Mr.. Ballinser Barely Gets
Started In His Argument Before
He Stops for Adjournment
Until Next Day

Washington, May 27.-With the at
tornevs on one side scoring Secretary
Ballinger as a man unfit to be at the
head of the interior department and
with the lea ding attorney on the other
side defending him and denouncing his
accusers whom he termed the "Gla-
Wis Garfield Clifford group the Ballin-
ger -Pinchot investigation committee
listened to summing up arguments by
counsel today. The argument probably
will be concluded tomorrow.
Attorneys Brandes and Peppepr told
the committee they had produced evil
dence which they said established that
Ballinger was not "vigilant and
.resolute" in resisting the aggressive
ness of special interests and that his
course had been characterized by lack
of hdelity to the public interest.
| Attorney Vertrees reply was that Mr.
Ballinger was as much of "conser-
vationist" as anyone lin proper
sense" but that he did not belong To
the "Pinchot brand of thirty-t third de-
gree conseryationists who have gone
to seed on conservation"
| The lawyers for the prosecution
finished Neir speeches, but Mr. Ver-
trees was barely launched IN his ar
guments when the committee adjourned
and he will conclude tomorrow. Bran
deis and Pepper Will make short argu-
ments in rebuttal.
"It was his constant yielding under
pressure" MIR. Brandeis thought most
untitled Mr.. Ballinger to carry forward
the big policy of conservation. Pep
per advanced the reason Ballinger
| should be supplanted secretary was
| that during his regime .there has been
no administration worthy of the name
but only series of acts unwise in
themselves, referrable to no principle
OF action and the cause of embarrass-
ment TO the President and injury to
the public"
Garfield Policies
Vertrees said Balinger was to be
commended for the so-called Garfield
! policies" he had reversed and contrast
ed former Secretary Garfield with Mr..
| Ba1linger. He said the former thought
| he had the right to do what he was
not specifically prohibited by law from
doing, while Mr.. Ballinger always was
guided by law in his official acts
! Defending Mr.. Ballingers action in
restoring water power sites withdrawn
during the last days of Garfields ad-
ministrat tion and in subsequently with
dra wing them Nertrees said Ballinger
had merely carried out the wishes OF
the President and that he was fortified
| In his construction of the law by the
opinion of the law officers of the gov
eminent.
when the ambitions of Pinchot and
Garfield were shattered" exclaimed
Vertrees, "then revenge took the place
| OF that which before was good in
tention and they endeavored to drive
down the man that was doing the thing
that he thought was right"
| Vertrees INDUCED in scathng
nunciation of CLAWS and kerry +
ferring to the latter as that ere, re
Kerby." He said Pinchot had testinea
that he knew of nothing himself to
substantiate charges he preferred
agains Mr. Ballinger
1T remained for this hireling of Ire
CLAWS Garfield Clifford group to nsinu-
ate and intimate what they did not
dare to charge and could not prose"
exclaimed Vertrees, shaking a bony fin
ger at Brandeis, CLAWS, attorney smiled
| In reply.
Argument BY Brandeis
In summing up the case of the proseou-
tim in the Ballinger- Pinchott investiga-
ton Attorney Brandies, counsel for L. r.
CLAWS. declared that it had been con-
cusively established that Secretary Bal
linger is not man so zealously devoted
to the interests of the common people.
SO vigilant and resolute in resisting the
insidious aggressions of the special in
terests that he may be safely decided on
to carry forward the broad policy of con-
servation of our national resources
That he is subject to far severer criti-
cism we sincere believe, said Mr.. Bran
des.
Mr. Brandeis spoke for about two hours,
reserving half an hour for closing after
Attorney Vertrees had addressed the COM
mittee on behalf bf Mr. Ballinger He
referred to Mr.. CLAWS as the ideal pub
lie servant and to Clifford Pinchot as a
man of character for high and lofty
things above the suspicion of self-seeking
advancement.
Mr.. Brandeis vigorously defended the
action of Stenographer Frederick NJ
Kerby In making public confidential In
formation of the interior department bear
ing on the preparation of the Lawier
memorandum and said to criticse kerby
for this action involves total miscon.
ception OF the nature of our government.
ment
The Secretary of the Interior the trus-
tee for the people OF the public domain,
should have the ability to. stand up
against every one and should be viligant.
declared Mr. Brandeis. Would any one
think of clubbing our present secretary 4
Stonewall Ballinger asked the attorney.
Instead of being answering he Yields to
pressure, yields to it not only In acts
but also In statements. be it written or
spoken. said the attorney.
Struggle for Conservation
This investigation has been referred to
as struggle for conservation, said the
attorney, struggle against special inter-
ests. 1t is that and far more he said
In essence 1t is a struggle for democracy,
the struggle for the small man against
the overpowerng influence of the big
politically as well as financially. continued
the attorney. The struggle to establish
that every American is entitled to equal
Justice in the public service as well as
in the courts. said Mr.. Brandeis. that no
official is so highly stationed that he
may trample ruthlessly and unjustly upon
even the humblest American citizen IL
correct. The cause OF CLAWS Is the cause
of the common people and more especially
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