Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1910-06-13
FINAL PL[A MADE IN
BERA[F Of BALL|NG[R
ATTORNEY vERTREEs PRESENTS
BRIEF DEFENDING sEcRE-
TARY OF INTERIOR.
ARGUMENTS ARE BASIS
FOR PROBABLE WHITEWAsH

the People ana Not the Tool OF the
Morgan Syndicate-Insists Garfield
and Pinchot in Unholy Conspiracy.
Washington, June 13.-Briefs were
filed today with attorneys for "prosecu-
ton" and 'defepse" with the BaIlinger-
Pinchot Investigation committee today.
Brandeis.- counsel for xslavls and Pep
per, for Pinchot, contend in their briefs
that the evidence adduced during the
investigation mas shown that Balinger
is unfit to administer the affairs Of
public domain because of an obvious
leaning toward the policy of distribu-
ton instead of conservation Of the peo-
pies land. They condemn. his atti-
tude toward the champions Of conser-
walton and charge him with causing
embarrassment to the president and
loss to the people.
Equally insistent that Ballinger's ac-
tions in and out OF the interior de-
partment have not been open to criti-
cism, Vertrees, counsel for the secre-
tary, declares that none Of the accusa-
tions made against him have been sus-
tained by the presentation of facts.
vectrees attempts to show by the evil
dence that there has been a conspiracy
afoot to secure Ballinger's removal
from office because he did not approve
Of the so-called Garfield policies"
Washington June 13. - Secretary
Ballinger's final word Of defense was
presented today to the Ballinger-Pin-
chot committee in the form Of brief
prepared byl his attorney, John j.
vertrees.
Mr.. vertrees insists that neither the
official nor professional acts of his
client are open to criticism and de-
clares that none Of the accusations
made against him have been sustained
by presentation Of fact. He says the
accusations are the result Of a con-
spiracy against him and quotes freely
from the evidence before the commit
tee in an attempt to prove the exist
ence Of plot Involving former Senator
Garfield and former Forester Pinchot,
10 secure his removal from office.
Not Interested in Coal Lands.
First Of all, It is to be borne in
mind that Mr.. Balhnger neither di-
rectly nor Indirectly at any time was
dnterestedin In any coal lands in Alaska
says Mr.. vertrees. '.He was not coun-
sci for the Cunningham claimants and
others, as Mr. CLAWS said. At the time
he became secretary he was counsel
for not one OF them. The only connec-
tion he had ever had with the Cum
ningham claimants was the prepara-
ton Of the affidavit in September,
1908. He had not been counsel there
tofore; he was not counsel thereafter;
he entered the office of secretary with
out interests of any Kind. Indeed, as
expressed by him, he dissolved his firm.
disengaged himself and burned his
bridges behind him.
Defending Mr.. Ballingers Clear
listing" of-the Cunningham claims as
commissioner Of the land office, Mr..
yertrees says the action was upon
recommendation of Chief OF Field Di-
vision Schwartz. the official upon
whom he relied to be advised IF that
order was erroneous continues Mr..
vertrees, CLEARLY the secretary would
be excused but 1t was not erroneous.
1t was proper and right as the record
stood" He says that Mr.. Ballinger
immediately revoked the order when
CLAWS suggested that the claims
should not have been clearlisted and
that the claims had remained iA-"chan-
Gerry" to this day
Mr. vertrees points out that thruout
the entire time CLAWS had been kept
in charge and was the one man relied
upon to investigate all Alaskan claims.
He says Ballinger def5nded CLAWS. as
serting that the criticism which ex-
Governor Moore had passed upon him
because OF the delay in patenting the
Cunningham claims was urdeseryed.
Discharged Men Blamed.
"The only persons who can be crit
acised," continues Mr.. Vertrees, 'are
those who have been discharged, and
nave arrayed themselves against the
secretary and the department. OF the
interior. This inquiry involves the
good name OF q gentleman and the rep
atation Of member OF the cabinet.
at is no idle thing to assan the char
acter OF member of the cabinet. He is
one Of the advisors OF the president and
dishonorable conduct on his part not
only brings disgrace to him as an in
divNual, but reproach upon the govern
ment itself. Consequently such an ac-
cusation ought not to be lightly
brought There ought surely to be sub
stantial grounds. Here, 1t may be as
serted. there are absolutely none. The
prosecution IS cruel and 1t Is base
less
Mr. Yertrees says the accusations
against Mr.. Ballinger relate, Officially,
to his policity with respect to conser-
walton, water power sites and reclama-
tion and to his ccurse with respect to
the Cunningham claims. and. person
ally. to certain acts OF alleged pro-
9essional 4mpropriety committed by
him as a lawyer, not as an Official, but
when In private life.
Defending Mr.. Ballinger's conserva-
tfion policy. Mr.. vertrees cites numer-
GUS cases, in support OF his contention
that former Secretary Garfield was
wrong in his view that the secretary, OF
fi1e interior, IN dealing with the public
lands, nad autnority to do that which
he may conceive advisable and for the
public good unless 1t be forbidden by
some statutA and this necessarily