Omaha daily bee., 1910-05-29
Charges Conspiracy to Drive the
Secretary from Public Service.
GARFIELD BITTERLY DENOUNCED
Former Forester Pinchot and Men Of
His Department Are Excoriated.
LAwLER SENDS IN AN APOLOGY
Assistant Attorney General netracts
statement He Made Rejecting
Upon Magazine Writer
Connolly.

WASHINGTON, May zs-"Mr. Ballnger
will be TO his grave scars placed on MN
by reason OF the disappointment and re-
venge Of men incapable of generous Inn
pulses and sentiments" exclaimed his de-
fender, Attorney John j. vertrees, during
a continuance of his summing up argument
before the Ballinger- -Pinchot investigating
committee today.
For more than two hours of the forenoon
session Of the final public hearing of the
committee Mr.. Vertrees addressed himself
to the subject of the Cunningham Alaskan
coal claims In support of the contention
that there was nothing in Mr.. Ballinger's
connection with them either as commits
sioner of the land office, as secretary of
the interior or as a private citizen that
justified criticism.
Vertreos insisted that it had been shown
that Ballinger had originally 'clear lister"
the Cunningham claims on recommendation
of Chief of Field Service Schwartz, and
that when later. after his retirement from
the land office he had drawn up the Cum
ningham affidavit, his conduct was not inn
proper, inasmuch as he possessed no in
formation by reason of his former position
that by any possibility could be used to the
prejudice Of the government. He denied
that there was any ruling in the depart
ment that made 1t improper for him to
represent the claimants under the circuTn-
stances.
Garfield and PInchOt ExcOriated.
Former Secretary Garfield and former
Forccaster Pinchot were bitterly exoriated
by Mr. lBalllnger's attorney. He said Gar
fields attacks on Ballnger was the act
OF disappointed offlceseeker." who, as
secretary. might be compared with a 500
horse under a 500 saddle who realized
that stripped of his saddle he would find
himself q mere pony"
Vertrees said that Pinchot as forester
reminded him of small 'possum UP a
very big tree"
vertees asserted that every official act
of MIR. Ballinger had been ''above re
proach," but that oven If he had been
guilty OF improper conduct In preparing the
Cunningham affidavit the committee would
have no authority to .oensure him for what
he had done as q private citizen. He
added, however, that he did not care to
stand behind that question and that IL the
committee thought he had done anything
improper he should be censured.
When the committee took the usual
luncheon recess Mr.. Vertrees had about an
hour OF his time remaining. II was the
expe citation that Attorneys Brandeis and
Pepper would occupy about an hour of
their remaining two hours in replying to
Vertrees' argument
Apology by MIR. LawIer.
When the committee met today Repre-
sentative Mccall of Massachusetts, presid-
ing In the place of Chairman Nelson, read
q letter from Assistant Attorney Genera
Oscar Lawler, under date of today, re.
tracing his statement before the commit
tee reflecting on c. p. Connolly, a maya
zine writer.
What he said about Mr.. Connolly. HI
said he had believed to be correct, but II
view OF Mr.. Connolys letter read to the
committee yesterday, he judged that h,
had been misnformed He said he did no
intend to do any wrong TO Mr.. Connolly
and took that method of making publ,
retracton.
Mr.. Connolly instituted suit for 5000
z damages for slander against Lawler yes
terday In the supreme court Of the Dlstric
of Columbia.
Mr.. Vertrees, counsel for Secretary Bal
lnger, then proceeded with his argument
! taking up the subject of the Cunningham
coal cases. Ne referred at length to tn
legal situation in Alaska far as the Ian,
laws were concerned. He asked member
of the committee to remember that whe
Mr.. Ballinger went into office as commits
sioner OF the land office on March 4, ls0i
the Cunningham cases had been advances
nearly to completion
Everything had been DONE" he sad EEK
cept making the final payments and gettin
receipts ana certificates"
Mr. Baninger. he said. had come into OF
flee under circumstances which ought I
preclude the suggestion that he did any
thing except his duty.
Mr. Balinger." he said. accepted thl
office with reluctance. When II was ter
dered him he declined It, which It seems I
me utterly precludes the idea that he er
tered It for any improper purposes. II
had no interest directly or indirectly in an
OF these claims. He entered the office wit
the single idea to the discharge of h
duty"
'If the committee should decide again'
Secretary Ballinser," said Mr.. Vertrees' $
would have to cast imputation upon ever
man In the Interior department who ha
anything to do with the cunninghe
claims.
''They must proceed on the assumptiC
that these men are not to be believed"
, said.
The testimony against the secretary WI
termed "malvolent voelferation.' By the a
torney. who declared that there had
A. I substantial charge sustained against him.