The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-06-13
THE PROSECUTIONS BRIEF.
Attorney Brandeis Files Lengthy and
T'orccful Document.

Washington, June Ito substan-
tate his claim that Secretary of the
Interior Richard A. Ballinger has
shown "his hostility to the peoples in
terests and his cooperation with the
private special interests that are striv-
ing to take the peoples property in
violation of law Louis r. CLAWS, for
mer chief of the field division of the
land office of the department of agri-
culture, today submitted to the Bal
linger- Pinchot investigating commit
tee brief in which the case is re-
viewed at great length. The brief
prepared by Glavis's attorneys. Louis
D. Brandeis, George Rubles and Jo-
printed document of between $4,000
and $4,000 words and is divided into
seventeen chapters.
In the Introductory chapter the brief
discusses what the attorneys call "Mr.
Bal1inger's unf1tness as trustee for the
people" and asks the question, us Mr..
Ballinger a man, single minded, en-
lightened and courageous so seriously
devoted to the interests of common
people, so vigilant and resolute in re-
sisting the insidious aggressions Of the
special interests that to him may be
entrusted the carrying forward of the
broad policy of conservation of our ma
tional resources?"
In answer, Claws attorneys declare:
THAT Mr.. Ba1linger does not meet
IL,
conclusively established and if only
this is true the department of the in
terror should be under other guidance.
The best defense that Mr.. Ballinger
has offered is that he was ignorant of
the situation in Alaska and that all of
the acts for which he was criticised
were performed by subordinates for
whom he is not responsible. Such a
defense is enough to condemn him.
'In our opinion the record discloses
Mr.. Ballinger's knowledge of the stu
alton. The evidence in the record and
straight light upon his character. No
man with such a character would be
trusted by an individual or private cor
poration with the. care Of important
property interests"
Alaska Coal Companies.
Regarding the Investigation of the
Alaska coal companies by special
agents, H. K. Love and Horace T.
Jones, the second chapter of the brief
says:
1.-THE testimony shows Mr.. Balm
gers sympathetic attitude toward the
coal claimants. 1t shows that Mr..
Bal1inger infinitely supervised the in
vestigation and while it was in prog
ress discussed with Jones and Love the
results they we've obtaining. This is
important in its bearing first, upon
Mr.. Ballinger's assertion that when he
directed the clear listing of the Cum
bingham claims he acted without any
knowledge except Loves favorable re-
port and. secondly. upon the presi-
dents finding of the fact that as com
missioner Mr.. Ballinger acquired no
knowledge in respect to the claims ex-
cept that of the most formal char
acter."
Succeeding chapters of the brief de-
scribe "Glavis', Intervention to save the
Alaskan coal lands and review the
clear listing of the Cunningham claims
by Mr.. Ballinger, who was then COM
missioner of the land office In this
connection, the brief says: 1--WE don't
pretend to fathom Mr.. Ballinger's mind
and to discover the motives that
prompted him to clear list the Cum
ningham claims. Whatever his mo-
tives, his act was indefensible The