The Birmingham age-herald., 1910-06-14
BRIEFS ARE FILED
 IN BALLINGER CASE
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 reclamation, and all because he did not concur in the policies which they had pursued. As already shown, on princi- ple on fair and proper construction of the acts involved, the decisions of judges. the departmental decisions, and the opin- ion of the law advisers of the Secretary, the view which he entertained was cor rect and the doubts which he entertained were well founded.
 'The suggestion now to be made, it would seem, ought to dispose of the in- ' quiry so far as the supervisory power and the questions involved hereunder are concerned. I submit that 1t is entirely beyond the authority or jurisdiction of a A' committee of the Congress, or of the Con gress itself, to censure the Secretary of the Interior, cabinet officer, because of his views in matters of departmental policy.
 Views of President
 "However, there is another considera- tion by which the inquiry is effectively disposed of, and that is this. The views which Mir Ballinger entertained, and the policies which he has pursued are the ' opinions and the views ef the President himself-views and opinions expressed by z him to MT. Ballinger before this inquiry began.
  the evidence before the committee rel ative to the Cunningham claims in de- fense of MT. Ballinger's connection With them as a government official. Then his conduct while out of office is discussed, particularly his preparation and presen- tation of the Cunningham affidavit to in- terior department officials in September, 1908. In answer to criticisms of Mr. Bal fingers conduct in this matter, MT. Yer trees says:
 No Secret Information
 'First of all, as has already been shown, there was no information of Q Gsecret character in the land office which Mir. Ballinger could have used The re- ports on file are favorable to the claims. The affidavits on file were well known Ito the affiants themselves. The only evi- dence that had been procured not con- taned in the reports or the affidavits of the affiants was a copy of the Cunning ham journal, the original of which Cum ningham himself had. This journal was not obtained or filed until after Mr. Bal finger had retired from the office of com missioner Moreover the services were performed six months after he had left the office were secondary, if it be as- eumed that MT. Ballinger in matter fin which he had no interest had chanced f 10 retain in memory recollection of the status of these claims and the rec ords with respect thereto. The fact Is that there was nothing for him to re- member or recaJ'. It was not possible for him, therefore, to have used infor- nation obtained by him as commissioner. The objection that the performance of service of this character was forbidden by law is equally unfounded."
 MT. vertrees cites rules and regulations of the department as well as decisions of the department the Attorney General 4 and the supreme court, which he says support MT. Ballinger's view that there Is no legal departmental inhibition against the practicing before the depart f ment by a former employe in land cases within two years after his separation :. from the service. The inhibition applies. The says, only in, cases involving money claims.