The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-05-27
DRANDEIS'S PLEA.
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Continued from Page One.)
Henry and Ex-Governor Moore, then it
must have been because their will was
law to him. Under their potent inf1u-
cree Mr.. Ballinger forgot the rules of
professional ethics as he forgot the
rules of the land department over which
he has presided and by which he was
ment from practicing before 1t.
rs such a man a safe trustee for the
peoples property?'' he demanded.
Mr.. Brandeis said when CLAWS ap-
pealed to BalHrger to postpone hear
ing on the Cunningham cases until af-
ter field examination could be made,
the then secretary drew strange ethi-
ical distinctions He said Ballinger
had felt at liberty to serve the Cum
bingham claimants, although he had
previously as land commissioner repre-
scented the government but on becom-
iEg secretary he had felt barred from
representing the people because as he
had expressed it he had incidentally
acted for the Cunningham claimants
Brandeis said Ballinger had felt no
such hesitation in Fastening at the in
stance of the claimants the investiga-
ton of the Cunningham and other
claims.
Referring to Claws successful ap-
peal to the forest service for a delay
of the hearings and his beginning sub
sequently superseded by the "inexperi-
enced" Sheridan, Brandeis said that
even Sheridan agreed that a post
ponement was proper.
AS to Mr.. Ballinger's assertion that
he had had nothing to do with the coal
cases since he became secretary, Bran
deis said:
He Knew ALI
Secretary .Ballinger knew. all and
in effect he did ALL 1t needed no writ
ing signed by him to do the act. 1t
needed no specific instructions. Those
by whom he was surrounded were of
that category who, AT the winking of
authority understand the law and who
would never prove insubordinate from
over-zeal for the public interest,"
AS indicating Mr.. Ballinger's irreso-
luteness, 'Brandeis recited how he had
acted under pressure in his various
steps in the Cunningham cases yielded
to the claimants when in Seattle and
later to CLAWS when he returned to
with the claimants three
thousand miles away
Mr. Brandeis spoke of BalIinger's
appearance on the witness stand, with
its extraordinary features of memory,
misstatements and denials" and quot
ed from the testimony of Ballinger's
cross examination about the Lawler
with the evident purpose
of showing that Ballinger attempted
to conceal the truth and evade his
question.
"Such is the conduct, such is the
character of Ballinger," he continued.
Mote his associations. He is obvi-
ously in the closest relations with men
like G. ]. Smith. c. Henry and their
associates, Charles Sweeney, ex-Gov-
ernor Moore and McGraw. He is evil
IDENTIFY in very close relations with
George w. Perkins, ]. P. Morgan and
49, IL
Alaska syndicate. Now consider the
past conduct of Ballinger Considering
his character as it has manifested it
self throughout this case do you really
think that the interest of the people
could be safely represented by Mr..
Ballinger as against the special in
terests of the Cunningham claimants
and the Observation-Disclosures syndi-
CATE
Defends CLAWS.
Mr.. Brandeis defended Claws action
in laying the matter of the Alaska coal
claims before the president by advice
of Pinchot. He said after CLAWS had
submitted his statement of August 10
last he was not again communicated
with by the president before the ap-
pearance of the latter's letter of Sep
TENDER 13, dismissing him and exoner-
ating Ballinger. He said a "deluge of
typewriter matter" came from the in
terror department In reply, supple
mented by oral statements and argu-
ments by Ballinger and Assistant At
torney General Lawler, and that finally
the president had committed to Law
Ter, IAN appointee, and in effect a sub
ordinate of Ballinger, a man who had
a special grudge against CLAWS, the
drafting of the presidents opinion on
the whole matter"
1T is not surprising under the cir
cumstances that the letter of the presi-
dent exonerated Mr.. Ballinger," ex-
claimed the attorney. He added that
it was surprising, however, that the
president should have sent a letter
which condemned CLAWS and charged
him with falsehood, with the suppress
sion of truth and with neglect of duty
"a condemnation on charges, of the
preferring of which against him he had
no knowledge whatsoever"
Brandeis said up to th~ time CLAWS
had never given To the. r1ub1io a single