The Bridgeport evening farmer., 1910-05-27
tspecia1 from United Press )

Especial from United Press
 Washington, May 27.-A keen, criti- cal analysis of Richard A. Ballinger as the s'irresolute." "shifty." ''unethi- cal" public officer. weighed and found wanting, was the summing. up" to- ,day of Attorney L. D. Brandeis, coun- lsel for L.. R. Glavis, before the Con- Ekressionai committee which has just IconcIuded its probe into the conserva- stion row.
 Brandeis dealt in cold chronological facts and seldom ventured into ora ttorical realms. The first part of his argument was devoted to minute ! history of the Cunningham claims. Ballinger's connection with the cases twas described in detail, the lawyer fbranding the present secretary of the sfnterior as unfit for his place as trus- tee for t41e people
 aOne of the main essentials of an adeuuate secretary of the interior he said, s'is resoluteness. vigilance, sturdi- ness to resist all aggression, 1nS1d1- otis or otherwise. Is there not exh1- sbfted in MT. Ballinger the most strih- ing lack of just that quality? In the spring of 1907 he agreed with Garfield that a thorough investigation should be made of the Alaska coal lands. In the summer he goes to Seattle. The suressure of the claimants is undoubt- edly great. On the other hand the land office is 5000 miles away. Bal Ilinger yields to the claimants and in iyestigation is stopped
 In December Ballinger is in Wash ington and there comes Glavis-Glavis fhe zealous, the indomitable, and urges the resumption of the Alaska coal investigations. Now. the claim ants are 5000 miles away. Ballinger yields to Glavis.
 44But scarcely has Glavis left Wash ington when ex-Governor Moore the tempter appears on the scene with his potent influence in the commits sioner's office. Now Glavis is 5000 miles away and the Cunningham claims are clear listed. A few weeks later ex-Governor Moore, having re- turned to the west, Glavis, who is also out there, hears of the clear-l1St- ing.
 A telegram of protest is sent. Com missioner Ballinger. free from the presence of both Moore and Glavis, nevertheless bears in mind Glavis restless zeal and also the let ters to the Department of Justice with which he is armed. The clear-listing order is immediately suspended.
 Throughout his career as secre- fary.o Brandeis continued, T'Ballinger
 
 traordinary absence of that quality a tendency to run to coverA The sec retary of the interior, the trustee of for the people of the public domain, should have the ability to stand up against everyone and should be vigl- lant. Would anyone think of clubbing our present secretary 'Stonewal Bal finger? Instead of being unswervlng he yields to pressure, bends to 1t not only in acts but also in statement, be 1t written or spoken
 The attorney then read copiousiy from the report of Ballingers testl- raony on the stand and pointed out how the secretary side-stepped any reference to the Lawler draft of the Presidents letter. Brandeis paid glowing encomiums to l.. R. Glavis and Frederick M Kerby former steno- grapher to Ballinger-two public ser wants, who. he said. were discharged for telling the truth.
 'Subordfnation and loyalty to ones immediate superior" he declared. may become insuSordination and disloyalty to one's ultimate superior-the Amerl- can people Who was Glavis' em- blower? Who was Kerbys employer Who paid them? To whom did they lake the oath of loyalty in office? Not fc Ballinger but to the government and people of the United States. Loy- eIty may compel the declaration. My country right or wrong'-but did loy- aIty imply for Glavis and Kerby Bal finger right or wrong? And Glavis and Kerby, Pinchot and Davis. Newell. Jones. Spaulding and Bowman. were fhev really snakes in the public ser vice.
 sarhe criticisms of Kerby's act in making public facts about the Lawler draft of the letter for the present rests upon a strange misapprehens1on of the facts or a like misa pprehension of eth IraI ideas. Kerby refused to remain riIent when in this investigation dedi- cated by the law to the unrestricted ascertaining of facts his superior ofn- cers wilfuIly repressed important in eormation concernimg papers persis- tently called for and grossly misrep- re@ented the facts concerning them. The demand of personal loyalty to Bal ifnrer- as distinguished from loyalty to fhe American people rests upon a mis-