The sun., 1910-05-28
.BGLLINGER ARGUMENT BEGUN
BR4NDEIS AND PEPPER OPEN
TOR THE PERSECUTION.
Bolh DeclaTe Tnat They Have Proved
Thrir Gasr and shown ThAt nallingeF
u nnt Inr ne once zee Hslds NF.
Nrrtrrrs Befends the Secretary.

truvrrsv hstnra tho Cnngressi0nAl in
ve-tigat,ng comrittse. Louis D. Bran
dsis. rapTcsanting l. r. CLAWS. who first
brought charges against Secretary Bal
hnaer. opened Tor tho so-called prosenu-
tim. and ~ was followed 10y George W
frpper attorney Tor clifford pinchot.
the depn.sd chief Forester. John J.
vort-oes. chief counsel for Mr.. Ballingor.
then began Ms reply for the defence. and
wa IN tho midst of his argument whon
the committee rsCcFsed late in tho after
noun after fiye hours of oratorical bom-
bardnient
M Ncrtrcs- will conclude tomorrow
forenoon and Mr. Bran,eis and Mr. Pepper
will then have two hours N which ~ Close
their case Nlthe members of tho COM
mites except Ssnator Root were present
to-day and there was an array Of spec
tatorz that taxed n the utmost the Capao-
ity OF the lnqui-itorial chamber.
Attorney Brandois opened the arEu-
ment Both he and Lawyer Pepper
declared emphatically that they had
proved their casa against Secretary
Ballinger. His constant yielding under
pressure makes him unfit for thu once
of SECRETARY Of the Interior said A.
torney Brandeis. Mr.. Brandeis added
that Mr.. Ballinger lacked that quality Of
resoluteness witch was essential for a
mar in bis position.
The question for the committee 10
decide. "a Breadeis viewed tho evidence.
h: is the Department Of the Interior
IN safe hands. or 70 put Il more specific
ally. have the conduct aud associations of
Mr. Ballinger been such. are his character
and conceptions such that he may be
safely continued a. a trustee OF our vast
public domain and the manager Of the
psolamation and other serucesg'
Again Mr.. Brandeis put the issue In
this way.
-Js Mr. BallinRer a man single handed.
able, enlightened. 80 zealoualy devoted 70
the interests OF the common people. 20
viKilant and resolute In resisting the
insldious aggression Of the special tn
terests that no may be safely relied upon
% carry fOrW ard the broad policy OF con-
servatlOn Of our natural resOurces3'
MIR BTandeis held that Secretary Bal
hnger does not meet theee simple tests
and that the TACT has been established In
the Congressional inquiry.
Mr. Brandeis outlined the Alaska coal
land situation from the time when the
Cunningham claims acre first fled In
ian0 lie laid particular stress on the
fact that Mr. Rallinger as Commissioner
Of the General Land once was fully Ac-
qualnJed Nth the situation. The Gun
ningham cnal claimants. MIR Brandeis
pointed out. included many pow erful and
NUsaI al II
hngel home city, and In the state Of
NashingfCn
'Was u a coincidenceY' asked Lawyer
Branieis, that the Investigations Of
spe-cial agents IN the summer Of 1901 into
the Cunningham Claims stopped shortly
after Mr. halhnger returned 10 Seattle
shortly after the making of the agreement
hs.ween the Morgan -Guggenheim Alaska
syldiCAJo and the Cunningham claimants
whicn rendered an early issue Of the pat
cuts important, Was it a coincidence
that while the investigation oi the claims
OF the SEATTLE and other Pacific coast
locaters were stopped active INJURY WAS
taken into the claims Of residents Of
Illinois and n Michigan
Tracing the history II the Cunningham
claims up 70 the clear listing in December.
1917, Mr. Brande,s declared that the sus-
p"nslon oi the clear hsting order after
Claws hat protested was evidently done
by Mr. Balhuggr with the idea that ulti-
mately he paiants would BE- granted when
in one way OF another the ohzi acle pre-
senied by GiavIs's intervention was over
come. One u The WAYS designed 10 over
come thar obstacle, according 10 Branaels.
vas The Cal" bill. a bin drafted a. Mr.
Brauteis charges. by Rallinger and urged
hy him leiore Cor lTsss just before he
roiirod from the Oommissionership of
tho Liant Ofiice
In referring 10 Mr. BalIinRer's trip 10
Secretary GGrfelds Old home in Ohio
IN the interest n the Cunnin gham claim
ants md he trip from seattle % Wash
ing. on Mr. Brandeis said.
Why did Mr. Rallingsr DO that He
says that these were not strictly legal
serv ces II they were not 80 much the
worse Was this then an attempt 20 cap
igIzn his friendship with Garfield and
with Deunitti 90 capitahze an influence
rcfrly attending his recent Inc,Imbency
iu 0hice 90 capitalize the knowledge he
hrd acquired when filing the important
ofhce n Land Commissioner
bosfys he was very unwilling 70 under
take this Land Once Work and that he
rather unexpectedly received only re-
imoureement OF his treyelling expenses.
IL hlzke "a. 20 much the worse N Hagainst
his Nin and wilhout the expectation of
cunpensation he undertook this -ervice
for nich men a. Charles J. smith. Charles
Sweeney and others. then IL must have
been beca'rse their will was law 20 him.
Under their potent influence Mr.. Bal.
lin -er forgot the rules of professional
etkcs ~ be forgot the rules Of the land
depMiment over which he had presided
ard hy which rules he was barred for
aaHara HFfaW enf fwarrsrtf e..
tHing before it. II such a man q safe
trlIstee Tor the peoples property
- & Nj. baliingers statement that |
he nd not handled the coal cases sinoe |
bec1rIng Secretary ot the Interior Mr. |
Braadais SAID.
Secretary RallinRer knew all and IN 1
Cfect he did all II needed no writing
signed hv HIM 70 do the act II needed 4
10 -uecifC instructions Those by whom I.
he va surrounded Were 81 that category 1
VITO az the winking of authority under
tt0ce .aw and who had ney ~ proved /,
subordinate from over real for the public .
interest
SIR Brandeis put IN a plea for Frederick .
NJ. hsrbv. The stenographer Who was
disc arged after be had disclosed CON
I ldentiai Information IN regard 70 the .
Lawier neinorandun, and alsO for CLAWS
~ a ififhiu. perfect s-rNant.
tOrney PanpeF reprpHentinQ Mr.
PmAiot derlnred that the testimony had
3 tatlished three points First. that the
course pursued n uhe Department Of
o., Interior has been Characterised by
d lLck ~ Fidelity % he public interests.
second, that Mr BallinRer b. not merely
"A fciaiiy bat actually responsible for the
entire series " unhappy events. and.
ihirc. that President Taft would meyer
have found himself irrevocablv com
mitted J0 an indOr-enlent of the Secretary
n me Interior had he not been az critical /
oats successfully deCeiysd a. 20 tho
I'al s.gnihcance VI What was happening
iE lie department