The Birmingham age-herald., 1910-06-14
BRIEFS ARE FILED
 IN BALL|NGER CASE
Attorneys Brandeis and Pep
 per Present Prosecution
DEFENSE BY VERTREEs
Attorneys Representing Glavis md Pin chot Declare That BalIinger Is Unfit For His Position,
 Which vertrees Denies

Washington, June 13.--Brefs were l filed by the attorneys for the prose cution" and defense" with the Bal llnger-Pinch ot investigation committee today.
 The committeeman met today but will assemble agais next Saturday to prepare for its deliberations.
 Attorney Brandeis, counsel for for mer Special Agent Glavis. and Attor- ney Pepper. counsel for former For ester Pinchot, contend in their briefs that the evidence adduced during the Investigation has shown that Secretary Ballinger Is unfit to administer the af- fairs of the public domain because of an obvious leaning toward policy or distribution instead of conservation of the peoples lands. They condemn his attitude toward the champions of con- servation and charge him with causing embarrassment to the President, and loss to the people.
 Equally insistent that MT. Bal1in- gers action in and out of the depart ment has not been open to criticism, Attorney Vertrees, counsel for the "de | cusations made against him has been sustained by presentation of facts.
 MT. Vertrees attempts to show by the evidence that there has been a con- spiracy afoot to secure MT. Ballingers removal from office because he did not approve of the so-called Garfield pol icies."
 Briefs Are Submitted | To substantiate his claim that Sec retary of the Interior Richard A Bal finger has shown his hostility to the peoples interests and his cooperation with the private special interest which is striving to take the peoples prop erty in violation of law. Louis R. Gla- vis former chief of the field division of the land office of the department of agriculture, today submitted to the Ballinger -Pinchot Investigating com mittee a brief in which the evidence in the case is revived at great length
 The brief which was prepared by Glavis attorneys, Louis D. Brandeis, George Ruble and Joseph P. Cotton, Jr., is voluminously printed document of between 50. 900 and 60,0O0 words and is divided into IT chapters. In the in- troductory chapter the brief discusses what the attorneys call MT. Ballin- gers unfitness of trust for the people," and asks the question: 'Is MT. Bal finger man single minded, enlight- ened and courageous. so zealously de- voted to the interest of the common people, so ,vigilant and resolute in re- sisting the insidious aggressions of the special interests that to him may have forward the broad policy of conser- vation of our natural resources?" Answer of Attorneys In answer Glavis attorneys declare:
 That MT Ballinger does not meet the simple test that has, we submit, been conclusively established, and if only this is true, the department of the interior should be under other guidance The best defense that MT. Ballinger has offered is that he was ignorant Of the situation in Alaska and that all of the acts for which he was critised were performed by subordnates for whom he is not responsible Such a defense Is enough to condemn him. In our opinion the record amply discloses MT. Ballingers knowledge of the gsitu- ation. The evidence in the record and the conduct of MT. Ballinger throw d strong light upon his character. No man with such a character would be trusted by an individual or private cor< poratfon with the care of important property interests"
 tl1
 coal claims by Special Agents H. K. Love and Horace T. Jones, the second chapter of the brief says:
 The testimony shows MT. Ballinger' s sympathetic attitude toward the coal claimants. It shows that Mir Ballinger minutely supervised the investigation and while 1t was in progress discussed with Jones and Love the results they were obtaining. This is important in its bear ing. first. upon MT. BaIlinger's assertion
 that when he directed the clear-iistins of the Cunningham claims he acted with. out any Knowledge except Loves favor able report; and, secondly, upon the Presidents finding of the fact that as commissioner MT. Ballnger acquired nc
 knowledge in respect to the claims ex-
 cept that of the most formal character Intervention of Giavis Succeeding chapters of the brief de
 scribe MT. Glavis' intervention to save , the Alaska coal lands and review tht . clear-listing of the Cunningham claims
 by Mr. Ballinger who was then com
 missioner of the land office. In this con
 noction the brief says:
 We do not pretend to fathom MT
 tives which prompted him to clear-lis the Cunningham claims. Whatever hi I motives were. his act was indefensible
 The order ciear-lising the Cunningham 2 claims shows that MT. Ballinger had m S proper conception of his duty as a trus ! tee and that he was willing to abet wha ' he would describe as technical violation : oi the statute by which the Cunningham 0 coal lands would pass unlawfully int
 priate ownership Instead of being kep i, by the United States for correct, dis :, posal under laws which would adequatel,
 protect the public interest,"
 Another chapter charges that after MT Balinger retired from the land office an, \ resumed the practice of law he acted a attorney for the Cunningham claimants On thls point the brief says: After having represented the govern ment against the claimants he accepte fee on the other side of the case, plac |: ing the Knowledge he had acquired Ii
 the government service at their 9th