The Richmond Virginian. (Richmond, Va.) 1910-1920, 1910-05-27
SAYS bALL|NGER
IS FOUND WANTING
Attorney Brandeis Describes
Secretary as lrresolute,
Shifty and Unethical
DECLARED LACKING
IN EVERY ESSENTIAL
Story of Cunningham Claims Told
in Detail With Cabinet Officer
Shown in Unenviable
Light.

WASHINGTON. Z. c.. May GA
keen. critical analysis Of Richard a.
BaIlinger as the 'irresolute." "shifty.
"unethical," public officer weighed
and found wanting. was the summing
up to-day of Attorney l.. y. Brandeis,
counsel for l.. X. CLAWS. before the
congressional committee, which has
just concluded It's probe into the con-
servation row.
''Glavis--the competent, faithful.
jealous" was the attorneys tribute to
the dismissed chief OF the field diVi-
sion.
''Harpies waiting to pouuce." was
his description of the Morgan-G ug
genheim syndicate, and the influential
Senator makers" such as Charles
Sweeney. L. j. Smith and others In
terested In the Alaskan coal lands.
Mr. Brandeis dealt in cold. chrome
logical facts The entire first part Of
his argument was devoted to a minute
history of the Cunningham claims.
Secretary Baiiinger's connection with
he cases was described in detail. the
attorney branding the present secre-
tary OF the interior as uniit for his
place as trustee for the peopi, with
every step. Is was the potent forces
behind the Cunningham claims. he
declared. that led 10 the actions.
One OF the main essentials Of an
adequate secretary of the interior. "
he said is rcsoluteness. vigilance.
sturdiness 10 resist all aggression. In
sldiods or otherwise. Is there not
exhibited in MIR. HalliHger the most
striking lack OF just that quality
In the spring Of 1907 he agreed
with Garfield that "a fhar.aauh f,t,r
ngation should be made of the Alas
IA coal claims. In the summer he
goes to Seattle. The pressure of the
claimants L. undoubtedly great ON
the other hand the land office Isl 900
miles away. Bailiuger yields 70 the
claimants and the investigation IL
Itoppea,
Calls CLAWS Uncomfortable.
In December. BaIlinser IL in
Washington. and thither comes CLAWS
--tiiaSik3. the Jealous, the fndomita bic.
and urges the resumption of the Alas
kan cnal Investigations New .h.
claimants are 5000 miles away. Bal
finger yields TO CLAWS
But scarcely has CLAWS left Wash
tngton when Ex-Governor Moore. the
s~tnpt*r. appears agi ths sgprae. with
mis- potent influence in the commits
Sioner's Office. Now CLAWS lis s.o0o
miles away and the Cunningham
claims are clearly listed
"A few weeks later, Ex-Governor
Moore having returned To the West.
Claws, who Is also out there. hears
Of the ciear-iisting. A telegram of
protest is sett. Commissioner Bal
hhEer. Tree from the presence of both
Moore and CLAWS, nevertheless bears
In mind Glavis' resistiess zeal and
also the letters to the department OF
JUSTICE, with which he Is armed. The
establishing order Is immediately sus-
pended.
Through his career as secretary
Brandeis continued. "Ballinger exhih-
Its. instead of resoluteness, an extra
ordinary absence of that quality
tendency to run 10 cover. The xecre-
tary of the interior, the trustee for
The ,penpla OF the pnblie-aa,aaasa-
should have the ability to stand np
against every one and should be
vigilant Would any one think OF
clubbing our present secretary Stone
wall Ballinger? Instead OF being un-
swervfng. he yields to pressure. yields
u 1t not only in acts but also In
statement. be 1t written or spoken
Tells OF ''SideStepping."
The attorney then read eopiously
from the report OF Balltnger's testi-
=many-nn- tAs-&tasfd ard the wuy-tu
which the secretary slde-stepped any
reference to thh Lawler draft OF the
Presidents letter. declaring IL was all
tn more interesting in view OF the
testimony of Stenographer kerby and
f.awier himself.
MI randeis paid glowing eHeem--
fums to L. r. CLAWS and Frederick
nj. kerby. former stenographer to
Baliinger--two public servants who.
he said. were discharged for telling
the truth
"Snbordination and loyalty to ones
immediate superior he declared.
may become characterization and dis
loyalty TO ones ultimate superior
the American people Who was Gla-
Wis employer? Who was Kerby's
employer Who paid them? To
whom did they take the oath of 10y
atty in Office? Not to Baliinger. but
60 the government and people of the
United States. Loyalty may compel
the declaration my country right or
wrong but did loyalty imply for
CLAWS and Kerby 'Ballinger right or
wrong?' and CLAWS and Kerby. Pin
chot and Davis, Newell, Jones. Spauid-
Ing and Bowman---were they really
snakes in the public service?
The criticism Of Kerby's act in
making public facts about the Law
Ter draft OF the letter for the Presi-
dent rests either upon strange mis-
apprehension Of the facts or like
MISREPRESENTATION or eethicaI ideas.
Kerby refused to remain silent when
: In this investigation, dedtcateri by
the law to the unrestricted ascer-
tainment Of truth, his superior ON
GERS wilfully suppressed important In
formation concerning papers persist
emily called for. and grossly misre-s
presented the facts concerning them.
Relic OF slavery.
The demand Of personal loyalty
TO Ballinger. as distinguished from
loyalty to tho American people. rests
upon misconception of democracy.
1t IL relic Of the slave status.
ITO bennett CLAWS indomitabie ef-
forts to prevent the filching Of the
peoples vast Alaskan heritage can be
explained only In his having the coal
caaes on tho brain. To bennett Il
seams like streachery' when CLAWS
7confi11S1 q v5ftk 1ASel