The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1910-05-28

neeueu no specific instruction. Those
by whom he was surrounded were OF
that category who cat the winking of
an eye, understood law and who
would never prove insubordinate from
overzcal for the public interest,"
AS indicating Mr.. Ballinger's CIR
Tesoluteness, Brandeis rccitcd how he
mad acted under pressure in his various
cunningham cases, yielded to the claim
ants when in Seattle and later to Gla-
Vls when he returned to Washington,
with the claimants 10000 miles
away
Brandeis spoke Of Ballinger's ap-
pearance on the witness stand with it's
extraordinary features of "memory,
mIssiatcments and denials,'' - and quoted
from the testimony Ballinger's explana-
ton about the Lawler memorandum,
with the evident purpose Of showing e
Balhnger attempted TO conceal the
truth and evade his question.
Bitterly Condemned.
"Such is the conduct, such is the
character of Mr.. Ballineer,' he con-
tInued. Note his associations. He is
obviously in the closest relations with
men like G. j. Smith, Horace G. Henry,
and with their associates. Charles
Sweeney, Ex-Governor Moore and Nc
Graw. He is evidently in very close re-
Il Il
Morgan g. Co, and the members Of the
Alaska syndicate.
Now consider the past conduct Of
Mr. Ballinger. Consider his character
as 1t has manifested itself throughout
the case, do you really think the inter.
est of the people could be safely repro
sented by Mr.. Ballingcr as against the
especial interests of the Cunningham
claimants and the Guggenheim- Morgan
syndicate2H
Mr.. Brandeis defended Claws action
In laying the matter Of the Alaska coal
claims before the president by advice
OF Plnchot. He said after CLAWS had
submitted his statement OF August is
last, he was not again communicated
with by the president before the ap.
pearance of the latter's letter of Sep
tembor 13, dismissing him and exoner-
ating Ballinger.
Praise for CLAWS.
He said a "deluce of typewritten
NATTER came from the interior de-
partment in reply, supplemented by oral
statements and arguments by Ballinger
and Assistant Attorney General Law
Ter, and that finally the president had
committed TO Lawer Gan appointee,
and in effect subordinate Of Balm
ger, man who had special grudge
against CLAWS, the drafting Of the pres
ldent's opinion on the whole matter
"It is not surprising under the cir.
cumstauces that the letter of the pres.
ident exoneratcd Mr.. Ballinger." ex-
claimed the attorney. He added that
1t was surprising, however, that the
president should have sent letter
which condemned CLAWS and charged
him with falsehood. with thee suppress
sion of truth and with neglect of duty
ga condemnation on charges Of the
preferring Of which against him he had
no knowledge whatever. - Brandeis said
that Cup to that time CLAWS had never
given 10 the public single word in
criticism of Balhnger or his other su
periors.'
"But for this investigation CLAWS
the ideal public servant, competent,
faithful. zealous-would have been per
manently condemned and held up to
public isgrace-without hearing
without even knowledge that charges
had been preferred against him. He
needed this investigation TO give him m
opportunity TO answer the groundless
charges by which the president was
misled. -
''No Administration.
"Our answer 10 the general question
before the committee is that there has
been no administration of the interior
department worthy of the name since
Mr.. Ba1linger became secretary. but
only series of acts unwise in them
selves, referable to sound principle of
action and the cause of embarrassment
to the president and of injury TO the
pubic,N declared Attorney George w
Pepper, in beginning his arguments on
behalf of former Forester Clifford Pin
,hot before the Ballinger-P Plnchot in
vestigatiug committee today.
Mr.. Pepper explained that the rcso-
uiIon under which the committee was
acting specified an investigation of the
forest service as well as tho interior
department. hut that the inquiry had
been confined practically TO tho lat |
ter.
''Mr. Pinchot has raised no question
the Justice or propriety Of
lis dismissal - said Mr., Pepper, "His
desire has been TO emphasize, not his |
,wn personality, but his cause-mercly |
insisting that no has al no time in.
tended 10 be disrcspcctful TO the prcsi- |
lent, and that in writing the DolhVer
cttcr he did not understand that he |
was being insubordinate to the secrc
.ary Of agriculture.
What Testimony Shows.
Referring to the testimony which has !
)ccn adunccu DcJOTc Tue committee, MT. |
Pepper said it mad conclusiVciy cstab-
ished three points.
|. That tho course pursued in the |
Interior department had been charac
erlzed by lack of fidelity to the pub
ic interest.
2, That Mr.. Ballinger was not merely |
officially but actually responsible for
he entire series of unhappy events.
3. That the president would never
,avc found himself irrevocably commit
ed TO an Endorsement of the secretary
lad he not been mt critical points sue
.cssfully deceived as to tho real sig
iificancc of what was happening in the
department..
Mr.. Pepper said these points were in
larmony with MIR. Pinchot's opening
statement that Mr.. Balingcr had
proved unfaithful 10 the public. whose
property he had endangered, and to
he president, whom he had deceived. =,
He then rccitcd at considerable length
Mr.. Balinger S attitude toward the
,ower site policy of the former admin
stration. his action in the Alaskan coal
,ascs, his alleged hostility TO the recla
nation service under Director Newell
md toward The Pinchot conservation
,olicy