Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1910-06-14
BRIEFS IN BALLlNCER CASE
Brandeis Contends Evidence Shows
Secretary Unfit for Office.
ANSWER oFATToRNEY VERTREEs
Says Charges f. Result of Conspiracy
TO Drive Secretary from office
because of HIS Opposition
to Garfield Policies.

filed by the attorneys for the ''prosecu-
ton" and defense" with the Ballinger-
Pinchot investigating committee today.
The committee did not meet today, but
viii assemble next Saturday to prepare for
Its deliberations
Attorney Brandeis, counsel for former
Special Agent CLAWS, and Attorney Pep
per, attorney for former Forester Pinchot,
contend in their briefs that the evidence
adduced during the investigation has shown
that Secretary Ballinger is unfit to ad-
minister the affairs of the public domain
because of an obvious leaning toward a
policy of distribution instead e conserva-
tion Of the peoples land. They condemn
his attitude towards the champions of con-
servat!on and charge him with causing en-
barrassment to the president and loss to
the people.
Equally insistent that Mr.. Ballinger's ac-
tons, in and out Of the Interior depart
ment, have not been open to criticism, At
torney Vertrees counsel for the secretary
declares that none Of the accusations made
against him have been sustained by pre-
sentation OF fact.
! Mr.. Vertrees attempts to show by the
evidence that there has been a conspiracy
afoot to secure Mr., Ballinger's removal
from office because he did not approve of
the so-called Garfield policies
Brief of MIR. BrandeIs.
To substantiate his claim that Secretary
| OK the Interior Richard A. Balllnger has
shown This hostility to the peoples in
terests and his cooperation with the
private special interests which are striving
to take the peoples properties in violation
Of law" Louis r. CLAWS, former chief of
the field division of tho land office of the
Department of Agriculture today SUBJ
mitted to the Ballinger-P inchot Investigate
ing committee brief Of the evidence in
the case, which is reviewed. at great length.
The brief Is prepared by CLAWS attorneys
Louis d. Brandeis, George Rublee and Jo-
seph z. Cotton, jr., and is a voluminous
printed document of between $1,000 and
$1,000 words, and is divided into seventeen
chapters
In the Introductory chapter the brief dis
cusses what the attorneys call mr. Bal
| fingers unfitness as trustee for the peo-
] ple,' and asks the question, lis MIR. Bal
| hnger man single-minded, enlightened
and courageous, so zealously devoted to the
interests of the common people, so vlgilant
and resolute in resisting the insidious ag-
| gressions OF the special interests that to
him may be entrusted the carrying for
ward of the broad policy of conservation
/ of our national resources2"
In answer, CLAWS attorneys declare
That Mr.. Ballinger does not meet these
simple tests, has we submit, been con-
clusively established, and if only this is
true-the Department of the Interior
should be under other guidances. The best
defense that Mr.. Ballinger has offered is
that he was ignorant of the situation ir
Alaska, and that all of the acts for which
he was criticised were performed by subor.
dinates for whom he Is not responsible
\ Sueh defense Is ehouHn to Condemn him
In our opinion the record amply discloses
Mr.. Ballingers knowledge of the situa.
ton. The evidence in the record and thu
conduct of Mr.. Ballinger throw stronl
light upon, his character. No man witt
such character would be trusted by ar
individual or private corporation witt
care of important property interests"
Alaska Coal Claims.
Regarding the investigation of Alaska
coal claims by special agents H. x. Low,
and Horace T. Jones, the second chapte
Of the brief says:
1.-The testimony shows Mr.. Ballingeri
sympathetic attitude toward the Goa
claimants. 1t shows that Mr.. Ballinge
infinitely supervised the investigation, an,
while 1t was in progress discussed will
Jones and Love the results. they wer
obtaining. This is important in its bear
r ing, first, upon Mr.. Ballingers assertion
that when he directed the clear listing O
: the Cunningham claims he acted withou
any knowledge except Loves favorable
report, and, secondly, upon the president
finding of the fact that as commissions,
Mr.. Ballinger acquired no knowledge 4
: respect to the claims except that OF tn
. most formal character"
Succeeding chapters of the brief de
, scribe CLAWS Intervention to save IN
Alaska coal lands and review the clear
, listing of the Cunningham claims by M,
Ballinger who was then Commissioner G
the land office. In this connection tn
brief says: I'VE don't pretend to father
. Mr. Ballinger's mind and to discover tn
motives which prompted him to clear lis
the Cunningham claims. Whatever hi
= motives were. his act was indefensibl,
a The order clear listing the Cunningham
u claims show that Mr.. Ballinger had n
proper conception of his duty as a~truste
and that he was willing TO abet what h
n would describe as a technical violation {
e the statute by which the Cunningham
: coal lands would pass unlawfully int
: private ownership instead of being keI
d by the United States for subsequent di
= posal under laws which should adeauate
y protect the public interests"
% Attorney for Claimants.
Another chapter charges that after N
Ballinger retired from the land office az
- resumed the practice OF law he acted
attorney for the Cunningham claimant
on this point the brief says:
:. After having represented the COVER
u ment against the claimants, he accepted
IL fee on the other side of the case, pIac'
the knowledge he had acquired in the go
III eminent service at their-the claimants
:. disposal, drew a speclous and perjur
~ affidavit for the purpose OF overcomii
IL the evidence obtained by the governme
~ and personally took their affidavit
Secretary Garfield. This is the kind
III thing for which attorneys In practice a
g and always have been disbarred"
g Concerning CLAWS report to the preside
u the brief says that while 1t was
or necessary fragmentary because It del
only with the matter of which CLAWS h
er personal knowledge, It is notable for 6
ie' curacy and moderation
gs Letter Generating BRllinger.
Continuing, the brief says; "A deluge
typeWrltten matter came 10 the preside