The San Francisco call., 1910-06-14
BALLINGER NOT
FIT FOR TRUST,
SAYSATTORNEY
Secretary Against Peoples In
tereSt, Declares CLAWS
Counsel in Brief
head Of Interior Departments
Acts Are Above Criticism,
Vows Lawyer Vertrees

med oS the attorneys for the ''prosecu-
T1on' and defense" with the Ballinger-
Pinchot investigating committee TO-DAY.
The committee did not meet today. but
VII assemble Saturday TO prepare for
its deliberations.
Attorney Brandeis. counsel for former
Special Agent CLAWS. and Attorney Pen
per- counsel for former Forester PIN
chot' contended in their briefs that the
evidence adduced during the investiga-
ton has shown that Secretary BaIIinger
IS unit TO administer the affairs of the
public domain because of an obx-ious
leaning toward policy of destruction
INSTEAD OF conservation of the peoples
lands They condemned his attitude to-
Naro the champions of conservation,
Hnd charged him with causing embar-
fassment to the president and loss to
the people.
Equally insistent that BalIinger's ac-
rions. in and out of the interior depa TT
ngent, have not been open TO criticism,
attorney Nertrees. counsel for the sec
retary, declared that none of the accu-
satlons made against him has been sus-
tained by presentation of fact
Nertrees attempts to show by the evil
dence that there has been a conspiracy
afoot 10 secure Ballinger's removal from
. Office because he did not approve of the
so called Garfield policies"
10000 WORD BRIEF
+ The CLAWS brief, prepared by his at
tOrneys, Louis s. Brandeis, George Rub
lee and Joseph p. Cotton Jr.. is a print
ed document of between $4,000 and 60,-
600 words and is divided into II chap
tiers.
The Introductory chapter asks: rs
o.
9ghtened and courageous, so seriously
devoted to the interests of the common
people so Vigilsnt and resolute in re-
sistiHg the insidious Impressions of the
special interests. that TO him may be
entrusted the carrying forward of the
broad policy Of conservation Of our ma
tiOnal resources
In answer, Claws attorneys declare
that Mr.. Ballinger does not meet these
simple tests, we submit has been con-
clusiVely esta blished, and if only this
Is true. the department Of the interior
SHOULD be under other guidance. The
best defense that Mr.. Ballinger has
= offered Is that he was ignorant of the
situation in Alaska and that all of the
acts for which he was criticised were
performed by subordinates for whom
he. is not responsible. Such a defense
IS enough to condemn him.
.'.':% In our opinion the record discIoses
Mr.. Ballinger's knowledge of the sit
uat1On- The evidence in the record
conduct Of Mr.. aBallinger throw a
straight light upon his character No
man: with such character would be
1r9zsteE by any individual or private
corporation with care of important
property interests"
Regarding the investigation of the
Alaska. coal claims by Special Agents
II. * Love and Horace T. Jones, the
brief says:
d.: The testimony shows Mr.. Bal
linger's sympathetic attitude toward
t3Ie coal claimants. 1t shows that Mr.
Baalinger minutely supervised the in
-N-estigation and while it was in prog
ress discussed with Jones and Love
the results they were obtaining This
is important in its bearing. first upon
Mr.. Ballinger's assertion that when he
diEected the clear listing Of the Cum
bingham claims he acted without any
knowledge except Loves favorable re-
port, and secondly. on the presidents
finding Of the fact. that as commits
.sioner Mr.. Ballinger acquired no
= Knowledge in respect to the claims ex-
.ceDt that Of the most formal character.
-sAcT INDEFENsIBLEv
eve don't pretend to fathom Mr..
Bsllinger's mind and to discover the
motives that PROMPTED him to clear
n
eEer his motives. his act was indefen-
sible The order clear listing the Cum
ningham claims shows that Mr.. Bal
linger had no proper conception of his
duty as a trustee and that he was
Rlling to abet what he would de-
scribe as a technical violation of the
statute by which Cunningham coal
lands would pass unlawfully into pri-
xate ownership"
Concerning Claws report to the pres
ident the brief says that while it was
Of necessity fragmentary because it
dealt only with the matter Of which
CLAWS had a personal knowledge it is
notable for accuray and moderation
Continuing the brief says: "A deluge
81 typewritten matter came TO the pres
heent from the interior department in
Vslswer to the CLAWS report. Those an
swers were supplemented by oral state
nents and arguments made by Secre-
tarv Ballinger and Oscar Lawler, as
sistant attorney general Of the interior
department, in their interviews with the
president on September s and Z, and
finally by the draft Of a letter exoner-
ating Ballinger. prepared by Lawler,
his appointee. and in effect his subordi-
nate man who had a special grudge
against CLAWS and who in that draft
Of letter declared Claws guilty of
falsehood. OF the suppression of the
truth and Of neglect of duty, thus con-
demning CLAWS on evidence which he
had never seen and of course had no
opportunity to meet, on arguments that
he had never heard. and what is even
more. on charges of the preferring of
which against him he had no knowl-
. edge whatsoever.
what q pitiful story it is COM
ments the brief. The whole machinery
of an important government bureau
was employed for months in an effort
10 in5ure and disgrace CLAWS in order
TO execute on him the revenge of his
former superior without any possibility
of advantage resulting to the govern
ment"
Concerning Ballinger's defense the
brief says that It consisted chiefly in
explaining away the natural meaning
Of documents in pleas of ignorance, and
in placing responsibility upon subordi-
mates. His word alone gives whatever
force such testimony possesses.
In conclusion the brief says: In this
proceeding Mr. Wickersham appears no
longer as an assistant Judge fling his
concurrence after decision, but as an
.overzealous advocate. In this proceed
ing Mr.. Lawler is not the judge, but
stands IN his true light-a prejudiced
-svitness, bitter and vituperative."
-vERTREEs' REPLY
Eertrees, in his brief for BaIlinger