New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1910-06-14
FINAL PLEAS MADE
IN BALL|NGER CASE
Vertrees, Defending the Secre-
tary, Declares Conspiracy Has
Been Clearly Proved.
BRIEFS FOR PROSECUTION"
Brandeis, for CLAWS, and Pepper,
for Pinchot, Assert That
Ballinger Is Unfit to
Hold His Office.

washington. June l5--B-iefs f. the Bal
Enger-Pinchot case were fled with the in
yestigating committee to-day by counsel for
ali the parties. Secretary BalIingers final
word Of defence was presented by John j.
Vetrees. After making an exhaustive re-
-iew Of The evidence before the committee,
AIr. Tertrees concludes:
When We consider how baseless and
g-oundless this accusation against Mr..
Balinger IS. and the loud and vehement
cries Of those who have urged il on, We
recall the language Of Fauvety. a jury
man of the days of the Reign Of Terror in
France. In writing 10 one who served
with him Fauvety says: My colleague is
worth nothing-absolutely nothing Some
times he wants 10 save counter-revolu-
tonary priests. He requires proofs. as in
the ordinary tribunals Of the old regime.
We sometimes have very heated discus
sions'"
Louis D. Brandeis, counsel for I. r
Claws. and George Wharton Pepper. coun-
eel for Clifford Pinchot. contend that the
evidence has shown that Secretary Balm
gsr is unfit TO administer the affairs of the
public domain because of an obvious lean
ing toward g policy of distribution instead
Of conservation Of land. They denounce
his attitude toward the champions of con-
ctANoNAoal anu N4Ad4 sc AiA1l1 Will CduSliS
barrassment to the President and loss TO
the people.
AR. -Nertpees insists that neither the Of
fetal nor professional acts of his client
are open TO criticism, and, declares that
none Of the accusations made against him
has been sustained by presentation of
fact. He says the accusations are the re-
suit Of q conspiracy against him, and
Quotes freely from the evidence before the
committee IN attempt 10 prove the ex-
istence OF a plot involving former Secre-
tary Garfield and former Forester Pinchot
20 secure his removal from office.
The Cunningham Claims.
First Of all. It is TO be borne in mind
that Mr. Ballinger neither directly nor in
directly al any time was interested in any
coal lands in Alaska" says Mr.. Vertrees-
He was not counsel 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 ne had ever had with the Cunning
ham claimants was the preparation of the
affidavit in September, 1908. He had not
been counsel heretofore; he was not cou'-
sci thereafter: he entered the office of Sec
rotary without interests of any kind In
deed, as expressed ny him, he dissolved his
firm. disensaged himself and burned hts
bridges behind him"
Defending Mr.. Ballingers clear listing
Of the Cunningham claims as Commissioner
of the Land Office, Mr.. Vertrees says the
action was upon recommendation OF Chief
Ct Field Division Schwartz. the official r1-on
whom he relied TO he advised. IF that
order was erroneous" continues Mr. Yer
trees, clearly the Secretary would be ex-
cused. but II was not erroneous. It was
proper and right as the record stood He
says that Mr. Balfinger Immediately re-
Vclzed The prder when CLAWS suggested that
the claims should not have been clear listed
and that tire claims had remained In Chan
cerv" TO this day.
AIr. Nertrees 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 saws
Ballinger defended CLAWS. asserting that
the criticisms which Ex-Governor Moore
had PASSED upon him because Of the delay
in pafenting the Cunningham claims was
undeserved.
Says kerby Helped BaIIneer.
II must be borne in mind also that no
question Of injury TO the government is in
volved," suggests Mr.. Vertrees The pat
ents did act issue and the question of the
legality of the claims is now being tried
Finally, il should be stated that the evi-
de7ce Of Stenographer Frederick NJ Kerbv
alone is conclusive as 10 the rectitude of
Mr. Ballinger's course. Kerbv was his con-
fdental stenographer and clerk and in
charge Of the confidential files. If there
were anything improper or corrupt TO be
known # would be known 10 him He was
eager 10 speak. He wished with all his
soul 10 he called before the committee as
h was called. We called him. The COM
n1ittee will remember his eagerness and
zeal He was pressed TO state what he
knew against his chief. Again and again
vas he asked &c state anything that in his
opinion. reflected upon the Secretary of the
Interior. Not an act, not transaction, not
Z thing. could be stated by him. He as
serted that there was one thing, and that
was that Mr. Ballinger intended, With full
knowledge ot his unf1tness, to appoint r.
H Thomson. to be director of the Recla-
nation Service"
Referring 10 Kerhys testimony that he
regarded Thomson as unfit because Mr.. Bal
iinger thought he was the man to go 10
Alaska 10 advise J. P Morgan & Co when
bis frien1, George W. Perkins. Of that firm.
asked him 10 recommend a Western engi-