Evening star. [volume] (Washington, D.C.) 1854-1972, 1910-06-13
Beyond Congress Authority.

and the doubts which he entertained were
we'll founded
Beyond Congress- Authority.
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. 1 submit that 1t is entirely
beyond the authority or jurisdiction of
committee of the Congress. or OF the Con-
gress itself. to censure the Secretary of
the Interior. a cabinet officer because Of
his views in matters of departmental pol
icy.
However. there is another considera-
ton by which the inquiry is effectively
disposed of, and that is this: The views
which Mr.. Ballinger entertained and the
policies which he has pursued are the
opinions and the views or the President
himself-vieWs and opinions expressed by
him to Mr.. Ballinger before this inquiry
began"
The brief deals at great length with
the evidence before the committee rela-
tive to the Cunningham claims in de-
tense of Mr.. Ballinger's connection with
them as government official. Then his
conduct while out of office is discussed,
particularly his preparation and pres
entation OF the Cunningham affidavit
to Interior Department officials in Sep
TENDER. 1908 In answer to criticisms OF
Mr.. Ballingers conduct in this matter,
MI. tertTeeS says.
First of all, as has already been
shown, there was no information of
secret character in the land Office which
Mr.. Ballinger could have used The re-
ports on file are favorable to the claims.
The affidavits on file were well known to
the atlantis on file were well known to
dence that had been procured not con-
tanned in the reports or the afidavits OF
the atlantis was a copy of the Cunning
ham Journal the original of which Cum
MIN !, M, In inns journal
not obtained or filed until after Mr..
Ballinger had retired from the Office of
commissioner.
After He Left Office.
Moreover, the services he performed six
months after he had left the office were
secondary. if it be assumed that Mr.. Bal
linger in a matter in which he had no
interest had CHANGED to retain in memory
a recollection of the status of these claims
and the records with respect thereto The
fact is that there was nothing for him to
remember or recall. Tt 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.
Mr.. Vertrees cites rules and regulations
of the department as well as decisions of
the department. the Attorney General and
the Supreme Court, which he, says sup
ports Mr.. Ballinger's view that there is
no legal departmental inhibition against
the practicing before the department. by
former employee in land cases within two
years after his separation from the serv
ice The inhibition applies, he says, only
in cases involving money claims.
"Such are the facts. Such is Mr.. Bal
lirger's record. Such his character. Can
you say that the Department of the In
terror. that the peoples domain is in
safe hands?'
In Unsafe Hands.
eve trust that the committee will re-
cord their definite conviction that the
immediate care of the public domain is
now in unsafe hands, said Attorney
Pepper, counsel for Clifford Pinchot. in
concluding his brief.
Mr.. Pepper says that the question
whether Pinchot has been right and Bal
linger wrong is less important than
whether the administration OF the Inter-
ior Department under the latter has been
marked by fidelity to the public interest.
He says that when Mr.. BalIinger became
Secretary he had had land office train
ing" that being equivalent, as Mr.. Pep
per views it, to leaning toward policy
of distribution Of the peoples land: the
Secretary's point of view was distinctly,
Mr.. Pepper says. that of "distribu-
ZIONIST"
HE appears to have known little or
nothing of forestry problems" the brief
continues with respect to the policy of
power site protection, Mr.. Balligner tes-
tilted that when he became Secretary he
knew nothing whatever about it. He
was not accurately informed respecting
the work of the reclamation service. But
it was not merely that he lacked equip
ment. but that he had distinct hos
tility to the men in the government serv-
ice who stood for conservation, and
distinct prejudice against their views His
conduct and his testimony make it clear
that he regarded reclamation with ridi-
Guile and forestry with contempt"
What was impending when Ballinger
became Secretary. says Mr.. Pepper. was
not a conflict between the forest service
and the Interior Department. but con-
flict between distribution and conserva-
ton wherever and whenever the two
conceptions might meet
1.-THE collision came quickly" he adds,
and this investigation is one Of the con-
SEQUENCES"