Los Angeles herald., 1910-03-20
"GUILTY OR INNOCENT,
BALLINGER IS UNFIT"
Proof That Servant Has Done Anything IL
legal Not Burden for Public
to Bear, Says White
STEWART EDWARD WHITE
(In the American Magazine)
BaIIinoer Acts Right, Legally

I he advocate a bill to legalize them?
Fortunately Mr.. Garfield put the klbosh
on that.
Ballinaer Acts Right, Legally
On March 4. 19OS then. Ballinger hav-
ing accomplished nothing definite, re-
tired. Within the land office imme-
diately fell a great calm as regards the
coal claims. Most emphatically there
was nothing doing toward patentlng
these lands One year later, March 1,
1909, Ballinger became secretary of the
interior. Just six days after his IN
stallation these claims awaken to new
life and are again vigorously pushed
toward patent. OF course this is mere
coincidence; but for the moment please
pile it alongside the other three coin
cidences we have laid aside.
Now, strangely enough, the law firm
with which Ballinger is connected has
done great deal of legal work for the
Cunninghams BallinXger denies his
professional connection with them sub
sequent to his withdrawal from the
land office Quite right. Such a con-
nection would have been illegal. Taft
and Wickersham have both looked into
this matter and inform us that no such
connection can be proved. OF course
that settles the whole moral issue. But
he was certainly interested-as we all
are A letter from Cunningham to a
third party, dated March IA, 1908, seems
to indicate that he, of course, errone-
Ously, regarded Ballinger as his coun-
sci. Ballingers law firm drew up an
affidavit in favor of the Cunninghams
which he (Ballinger) personally carried
across the continent to present to the
then secretary of the interior If he
did this for nothing, it only the more
clearly shows his vivid interest in the
patenting of the Cunningham claims.
If he was going east anyway" why
that $3.50 for travelling expenses" Co
incidence No. 4. Perfectly explainable,
nicely explained, absolutely legal.
Six days after Ballinger became sec
retary of the interior the Cunningham
claims, after a year of quiesence, awoke
to life. Five messages were sent to
CLAWS within about a month"; urging
haste and placing on final investigation,
definite but impossible time limit At
about the same juncture a question
came up as to the Interpretation of the
law.
Abandoned Course
A man named bennett was then land
commissioner. bennett was seized with
a bright idea. According to his notion,
the existing law might be interpreted
in such a manner as to permit the
From this view CLAWS dissented
strongly Ballinger thereupon author
lied a letter requesting the attorney
general to decide on the point This is
right and proper, and the usual course
in such doubtful matters. But this
letter was never sent; and a few days
later Ballinger announced that he did
not wish to have anything more to do
with the cases on account of his en-
NIL a a h. ba f,,r
hams.
This point has been made much of
since, until we have been persuaded to
look on il as a virtue. Is ii so? Lcav-
ing aside the fact that this delicacy of
feeling of the secretary had a good deal
of hang-fire to il, here is a secretary
called upon to deal with one of the
biggest questions ever brought up be-
fore the department of the interior, a
question involving billions of dollars
worth of public property. That was
what he was put on the job for. That
is why he is a servant of the public,
occupying a high position in the ma
tion's counsels. Yet he turns over an
affair of a thousand millions TO the
minor officials as though it were mere
ly a matter of a settlers homestead.
This. of course, indicates delicacy Of
feeling and implicit confidence in said
minor officials. If he had had less
confidence in these underlings he would
have said to the president something
in this vein:
This is a decision that will affect
our people for many generations that
will decide a monopoly; that will have
to do with the direct alienation of
enormous wealth. l feel my connection
with the Cunninghams Warps my judg-
ment. Therefore, in order that a man
fully competent to deal with the situ
alton may be in position to do SO, I
hereby resign"
But since Mr.. Ballinger had absolute
confidence in his assistant, Mr.. Pierce,
he turned the matter over to him.
But in that trusting act Mr.. Ballin-
ger found himself cruelty abused. Mr..
Pierce did not submit the disputed
as had been promised to CLAWS. He
decided it himself On that decision
the Cunningham claims could be forth
with patented. Was it not a shame so
to deceive ones trusting chief? For
Mr.. Ballinger having been overcome
with delicacy, knew nothing more of
the Cunningham claims. His especial
assistant did, though, as is evidenced
bv his initials on the Pierce decision.
So here for the third time, quite
without Mr.. Ballinger's knowledge, are
the Cunningham claims in a fair way
for patent. If Mr.. Eallinger had been
on the job, as he should have been, we
must believe that this would not have
happened. But let us at least arrogate
to ourselves the privilege of lining up
another recruit to the thickening ranks
of coincidence.
CLAWS Sounds Another Alarm
At this point CLAWS committed his
rudencss. Before the pat
enting could be completed he himself
submitted the matter to the attorney
general That legal light promptly re-
versed Pierce's Interpretation of the law
on every point. once again CLAWS in
the coal lands We're saved
for the people.
Now CLAWS goes west for evidence,
lust in the event the Cunninghams
should have the nerve to push the
cases all the same Ballinger has with
drawn. In face of his assertions We are
not permitted to doubt the genuineness
Of this withdrawal, but we can marvel
in passing that this man should be so
i'm the matter of conci-
dences and appearances. We find tele
grams to him from under officers ask
ing advice, and documents initiated by
Carr his private secretary. The tele-
grams were plainly indiscreet, not to
say impertnent. Ballinger very prop
erly replied that he had nothing to do