The Washington herald., 1910-06-14
BALLINGER BRIEFS IN
Counsel ReYamp Arguments
Made at Trial.
APPEALS MORE ELABORATE
Secretary's Attorney Asks Congress
sionaI Investigating Committee 20
Discard Partisan Consideration,
and CIatms Kerby Proved Defend
ant an Honorable Official.

Lawyers on both sides Of the Ballinger-
Pinchot controversy filed their briefs be-
fore the Congressional investigating COM
mittee yesterday.
The matter for the most part is an
elaboration Of the arguments made by
counsel in their summing up at the clos
ing hearing Of the committee.
J. J. Vertrees. Mr.. Ballingers counsel.
takes occasion to appeal 10 the commit
tee to discard partisan considerations.
It should regret TO think" says he IN
his brief. that there are Republicans on
this committee who would seek TO excuse
a member Of the Cabinet who IS really
deserving Of censure.
Every Republican on the committee
should cease to be a Republican, as TO
that On the other hand. / should re-
greet exceedingly 70 know that there Is
! Democrat upon this committee who would
be content 10 seek party or political adj
vantage by injuring character.
so, I say. when il comes 70 questions
/ like this. we ought all to be Republicans;
we ought all to be Democrats-that is TO
| say. We ought to be neither Republican
/ nor Democrats"
Regarding Kerby Testimony.
Mr. Vertrees puts up a new line OF
/ defense for his client in regard TO
/ Stenographer Kerby's testimony. and
the point that he makes IN this con-
nection probably will have a good deal
Of weight with the committee.
AT the close OF these proceedings"
says he. there was brought in this
creature Kerby. not for the purpose
Of injuring Mr.. Ballinger. because ell
understood that up to that hour moth
/ ing really had appeared against him.
and also that the matters which Kerby
proposed to relate did not affect Mr..
/ Ballinger, but solely the Chief Magis-
trate, who sits IN the White House
/ that gentleman whose character is as
spotless as the star.
! When that was done I said TO Mr..
Ballinger, and ] repeat 1t to you, that
individually he was to be congratu-
lated upon the fact that Kerby had
been produced as a witness.
why? Because with all searching,
with all the calls for documents. with
all the ADMINISTRATIONS, our adver-
saries had finally gone to the one
place where If there was anything
wrong IL would be unearthed and dis
covered TO the private and confidential
clerk of Mr.. Ballinger, the man who
sat by his side and at his elbow and
received his every word through all
the months and months of this investi-
| cation, as well as a long time before;
a man who not only knew what there
was, If anything. to be told. but who
was most willing and eager to tell it.
yet when that man was brought in,
there was nothing that he could say
which detracted from Mr.. Ballinger' s
good name. Mr.. Ballinger was TO be con-
graduated upon the facts that he had
come forward. His coming and his testl-
mony are conclusive as to the upright
ness OF Mr.. Ballinger's course and the
integrity of his official life"
Brandeis Makes Reiteratfon.
Louis D. Brandeis, in his brief, reiter-
ates that the paramount question for the
committee to decide is this:
rs the Department of the Interior in
safe hands? or TO put it in other words,
Is Mr.. Ballinger a man single-minded,
able, enlightened, and courageous. so
zealously devoted to the interests OF the
common people, so vigilant and resoiute
IN resisting the insidious aggressions of
] the SRS~A-~A A-4N@ATIN9g tAt1l 20 siliif may pe
safely intrusted the carrying forward of
the broad policy OF conservation of our
national resources2"
Mr. Brandeis contends that the facts
j shown in the inquiry have shown that
Mr. Ballinger is not such a man. and,
therefore, is not fitted to be in charge of
the Interior Department.
Brandeis contends that the Presidents
exoneration OF Mr.. BaIlinger should have
no weight, with the committee, because
the record which was laid before the