The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-06-13

order clear listing the Cunningham
claims shows that Mr. Ballinger had
no proper conception of his duty as a
trustee and that he was willing to abet
what he would describe as a technical
violation of the statute by which the
Cunningham coal lands would pass I'M
lawfully into private ownership instead
of being kept by the United States for
consequent disposal under law that
should adequately protec the public
interest"
Attorney for Claimants.
Another chapter charges that after
Mr.. Ballinger retired from the land Of
flee and resumed the practice of law
ne acted attorney for the Cunning
ham claimants. On this point the brief
says:
After having represented the gov
eminent against the claimants, he ac-
cepted a fee on the other side of the
case, placed the knowledge he had &C
quired in the government service at
their (claimants) disposal, drew a spe-
cious and perjured affidavit for the
purpose of overcoming the evidence
obtained by the government and per-
sonally took this affidavit to Secretary
Garfield This is the kind of thing for
which attorneys in practice are and al
ways have been disbarred.'
CLAWS fourth intervention to save
the Alaska coal lands is reviewed in
the eleventh chapter which tells how
CLAWS was superseded by Mr.. Sheridan
who the brief says, Had graduated
from the law school only year before,
had never tried a case in court and
whose total prior experience in the ex-
animation of witnesses or at hearings
is comprised in attendance during the
whole or part of Al days"
Concerning Claws report to the
president the brief says that while it
was of necessity fragmentary because
it dealt only with the matter of which
CLAWS had a personal knowledge. 1t is
notable for accuracy and moderation.
The LawIer Letter.
Continuing, the brief says "a deluge
of typewritten matter came to the
president from the interior depart
ment in answer to the CLAWS report.
Those answers were supplemented by
oral statements and arguments maze
by Secretary Ba1linger and oscar
Lawler, assistant attorney general OF
terviews with the president on Sep
TENDER and z; and finally by the
draft of a letter generating Mr.. Bal
linger. prepared by LAWYER. his ap-
pointee and in effect his subordinate,
a man who had special grudge
against CLAWS and who in that draft
of letter declared CLAWS guilty OF
falsehood, of the suppression OF the
truth and of neglect of duty, thus con-
demning CLAWS on evidence winch ne
had never seen and of course had no
opportunity to meet, on arguments
that he, had never heard, and what IS
even more, on charges OF the prefer
ring of which against him he had no
knowledge whatsoever.
The fifteenth chapter is devoted to
the missing letters and in this con-
nection the brief says that the interior
denartment officials unconsciously paid
a high tribute to SGlavis's official rec
ord. when in searching for some means
to discredit him, they could find moth
ing m ore damaging than the baseless
and silly charge that he had conceal
ed % insignificant letters which Spe-
cial Agent Bowman had brought to
Seattle from Alaska just before CLAW
ISIS dismissal from the service. The
brief expresses the opinion that
Gavis's. successor, Christensen. put the