The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1910-05-27
BRANDEIS ASSERTS
BALLINGER'S NATURE
SHOWS INSTABILITY

In his closing argument today
Brandeis dealt in facts and seldom
ventured into oratoriCal realms The
entire first part Of his argument was
devoted 90 a minute history OF the Gun
ningham claims. Ballinger's connection
with the cases was described in detail,
the lawyer branding the present Secre-
tary as unfit for his place as trustee
for the people with every step. 1t was
the potent forces" before the Cunning
ham claims. he declared, that led to
the actions.
''One OF the main essentials Of an ade-
quats Secretary Of the Interior he said,
lis resoluteness. vigilance. sturdiness to
resist all aggression. insidious OF other
wise Is there not exhibited in Mr.. Bal
linger the most striking lack Of just
that quality
In the spring Of 1907. he agrees with
Garfield that q thorough investigation
should be made of the Alaska coal
claims. In the summer, he goes to
Seattle. The pressure Of the claimants
Is undoubtedly great. On the other
hand. the Land Office Is 3,OO miles
awav. BallinEer yields TO the claimants
and the Investigation is stopped.
IN December BalhngeT is in Wash
ingtOn, and thither comes Glavis-Glavis,
ille LedlUuSr lQe luuOLllIaDle, ana urges
the resumption Of the Alaskan coal in
VestigauOns- Now the claimants are
100 miles away. Ballinger yields 10
CLAWS.
But scarcely has G avis left Wash
ington when former GOV. Moore. the
potent influence in the Commissioner
office. Now CLAWS is 5000 miles away
and the Cunningham claims are clear
listed.
Clear-Listing Suspended.
"A few weeks later Moore, having re-
turned to the West, CLAWS, who Is also
out there. hears Of the clear-nsting. A
telegram of protest is sent. Commits
sioneT Ballinger, free from the presence
of both Moore and Claws, nevertheless
bears IN mind Claws resistIess zeal and
also the letters TO the Department OF
Justice, with which he is armed The
cleaT-listing order is Immediately sUs-
pended"
Throughout his career as Secretary"
Brandeis continued, "Ballinger exhibits
Instead Of resoluteness, an eXtraordi-
nary absence Of that qualiIy-a tenden-
cy 10 run 10 cover. The Secretary of
the Interior, the trustee for the people
Of the public domain, should have the
ability 10 stand up against everyone
and should be vigilant
OlUutWdll DdAlQgeI.
Would anyone think Of clubbing our
present Secretary, 'StonewalT Bauinger?
Instead Of being answering, he yields
20 pressure. yields to it net only in act.
but also in statement. be it written OF
spoken
The attorney then read copiously from
the report Of BallinEe-'s testimony on
the stand, and the way In which the
Secretary eVaded any reference to the
LAWYER draft of the Presidents letter,
declaring il was all the more interesting
in view of the testimony of Kerby and
LAWYER himself
Rrandeis paid glowing encomiums to
L. r. CLAWS and Frederick NJ Kerby,
former stenoSrapher TO Ballinger-two
public servants who he said were dis
charged for telling the truth.
'Subordination and loyalty 70 ones i'm
mediate superior" he declared may
become characterization and disloyalty to
ones ultimate superior-the American
people. Who was Claws employer2
" no was kerby'S employer? Who paid
them? To whom did thew take the oath
Of loyalty In ufice2 Not 10 BallingeT,
but 70 the GOVERNMENT and people Of the
United states.
What Loyalty Means.
Loyalty may compel the declaration
Ny country, right or wrong'-but did
loyalty imply for CLAWS and Kerby,
Bsllinger right OF wrong? And GIA.tz
and kerby, Pinchot, and Davis, Newell,