The Ogden standard. [volume] (Ogden City, Utah) 1902-1910, 1910-06-13
bRANOfIS
EMP IIAT|C
Says BaIIinger is Wholly
Unfit to Serve as a
Cabinet Officer

Washington. June 13.-To substan-
tiate his claim that Secretary OF the
Interior Richard A. Ballinger has
shown his hostility 10 tho peoples In
terest and his cooperation With tho
private special interests that are striv-
ing to take the peoples property in
violation of law, Louis p. CLAWS, for
mer chief OF the field division OF the
land office OF the department OF aGri"
culture. today submitted to the Bal
linger-Pinchot investigating commit
tee a brief In which the case is re-
viewed at great length.
THE brief. prepared by CLAWS at
torneys, Louis D. Brandeis, George
Rublee and Joseph p. Cotton Jr. is
volumnous printed document OF be-
tween 10000 and 10000 words. and is
divided into seventeen chapters
In the Introductory chapter, the
brief discusses what the attorneys call
'Mr. Ballngers unfltness as trustee
for the people, and asks the quess
tion. rs Mr. Ballinger q man. single
minded, enlightened and courageous
so seriously devoted to the interests
of the common people, so vigilant and
resolute In resisting the insldlous in
gressIons of the special interests that
to him may be entrusted the carrying
| forward of the broad policy OF con
| Servation of our natural resources
In answer, Mr. Glavlg attorneys de-
| clare that Mr. BallfngeIs does not
meet these simple tests. We submit.
| has been concluslvely established. and
If only this is trne the department Of
the interior should be under othe,
| guidance The best defense that Mr..
Rallnger has offered is that he was
| ignorant OF the situation in Alaska.
| and that all facts for which he was
| criticised were performed by subor-
dlnates for whom he is not responsi
ble. Such defense ought to condemn
| him.
I'm our opinion. the record dlscloseS
Mr. Ballinger's knowledge OF The sltu-
alton The evidence In the record and
| the conduct of Mr.. Soallinger throw
straight light upon his character.
! No man with such character would
be trusted by ON individual or private
corporation with the care OF important
| property interests
Regarding the investigation of the
Alaskan coal claims by Special Agents
II. K Love and Horace T. Jones, the
second chapter of the brief says
Tho testimony shows Mr.. Ballln-
gers sympathetic attitude toward the
coal claimants 1t shows that Mr.. Bal
linger minutely supervised the inyes-
tigation, and. while 10 was in prog
ress. discussed with Jones and Love
the result they were obtaining. This
is important in its bearing-frst. upoI
Mr. Balllnger's assertion that when
he directed the clear-llsting OF the
Cunning claims he acted without
any knowledge except Loves favor.
able report. and. secondly, upon the
Presidents find of the fact that as
commissioner, Mr. Balllnger acquired
no knowledge in respect to the claims
except that of the most formal char
acter.'
Succeeding chapters OF the brief de
scribe CLAWS Intervention 10 save
the Alaska coal lands" and review
the clear.listIng of the Cunningham
OF the Cunningham claims by Mr. Bal
lInger. who was then commissioner OF
the land office In this connection the
brief saws I'VE don't pretend to
fathom Mr Ballingers mind and to
discover the motives that prompted
him to clear-lIst the Cunningham
claims. Whatever his motives. his
act was indefensIble. The order clear
listing the Cunningham claims show
Mr. Ballinger had no proper concep
tion of his duty as trustee. and tha
he was willing to obet what he would
describe as a technical violation o
the statue by which the Cunningham
coal claims would pass unlawful.
into private ownership instead OF be
Ing kept by the United States fol
consequent disposal under law tha
should adequately protect the public
interests
! Another chapter charges that. afte
Mr.. Balinger retired from the Lane
, Office and resumed the practice OF law
he acted as attorney for the Cunning
: ham claimants On this point tn
| brief GAYS:
After having represented the gov
: eTnment against the claimants, he ac
cepted fee on the other side OF thu
case. placed the knowledge he had &C
y. quired In the government service q
their (the claimants) disposal. drew
speclous and perjured affidavit 70
=. the purpose OF overcoming the ev
t dence obtained by the government ant
J ! personally took this AFFIDAVIT 60 Secrc
. tary Garfield This is the kind O
thing for which attorneys In practic
/, are and always have been. dlsbarred.
l CLAWS fourth Intervention to saw
q the Alaska coal lands Is reviewed 4
T. the eleventh chapter. which tells ho7
Claws was superseded by Mr.. Sher
/ dan, whom, the brief says, "ha1 grad
- uated from the law school only yea
G before. had never tried case in couI
e and whose total previous experience
e In the examination of Witnesses
S comprised in attendance during tn
n whole OF part of IL days
d Concerning CLAWS report to tn
n President. the brief SAYS that will
II was OF necessity frsgmentary b'
/. cause il dealt only with the matter {
c which CLAWS had personal know
d edge, 1t is notable for accuracy an
e moderation"
C Continuing. the brief sayS: :"
~ deIuge of typewritten matter came
e. the President from the interior d
II partment in answer TO The CLAWS Il
c. port Those answers were suppl