The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1910-06-14
BRIEFS FILED
BY BOTH SIDES
Ballinger Bitterly Denounced
by Lawyers Representing
PinchOt and CLAWS.
HIS OWN ATTORNEY MAKES
STRONG PLEA In DEFENSE
Committee VIII Consider Writ
ten Arguments and Meet
Next Saturday.

w WASHINGTON, June l3.-Brlef
were filed by the attorneys for tn,
prosecution and defense with th
BallingerPincho investigation commit
Zee today
The committee did not meet today
but will assemble next Saturday tc
prepare for its deliberations. Attorney
Brandeis, counsel for former Specia
Agent CLAWS, and Attorney Pepper
counsel for former Forester Pinchot
:ontended in the briefs that the evi
1ence adduced during the investigation
has shown that Secretary Ballinger i:
unfit to administer the affairs Of the
public domain because of an obvious
leaning toward u policy Of distrusion
instead of conservation OF the peo
pie lands. They condemn his attitude
toward the champions OF conservation
and charge him with causing embar
rassment to the president and loss TO the
people.
Equally insistent that Mr.. Ballinger IS
actions, in and out of the interior de-
partment, have not been open to criti-
Ntc'N' -h"Ip'utN ' cl liGto< CVuuoSl lOi thC
secretary, declares that none OF the ace
cusations made against him has been
sustained by presentation of fact.
Mr.. Vertrees attempts TO show by
the evidence that there has been a
conspiracy afoot to secure Mr.. Balm
gers removal from office because he
did not approve Of the so called Gear
field policies -
After making an exhaustive review OF
the evidence before the committee Mr..
Vertrccs concludes;
Declares Charges Groundless.
When we consider how bascless and
groundiess this accusation against Mr.
Ballinger Is, and the loud and vehement
cries. Of those who have urged 1t on, we
recall the language of Fauvety, 4 jury
man OF the days OF the reign of terror
in France Referring 10 one who served
with him, Fauvety says: My colleague
is worth nothlng-absolutely nothing
Sometimes be wants to save counter
TeVoiu'ionary priests. He requires proofs;
regime. We sometimes have very sharp
discussions "
MIR. Vcrtrees insists that neither the
official nor professional acts OF his client
arc open TO criticism and declares chat
none OF the accusations made against
him nave been sustained by presentation
OF facts. He says the accusations are
the results of conspiracy against him
and quotes freely from the evidence be-
fore the committee in an attempt TO
prove the existence OF a plot involving
former Secretary Garfield and former
Forester Pinchot, 10 secure his removal
from office.
First of all. 1t Is to be borne in mind
that Mr. Ballinger, neither directly nor
Indirectly at any time. was interested
In any coal lands In Alaska says Mr.
VcrtreeS.
''IIe was not counsel for the Cunning
ham claimants and others. as Mr.. CLAWS
said AT the time he became secretary,
he was counsel for not one of them. The
only connection he had ever had with the
Cunningham claimants was the prepara-
tion OF the AFFIDAVIT in September, 1908.
He had not been counsel heretofore; he
was not counsel thereafter; he entered
the Office of secretary without interests
OF any kind. Indeed, as expressed by
him. he dissolved his firm, dlsengaged
himself and burned his bridges behind
him"
The brief deals at great length with
the evidence before the committee rela-
tive to the Cunningham claims In de-
Tense OF Mf. JfallingerS connection with
them as a government Official, Then his
conduct while out OF office Is discussed
particularly his preparation and presen-
tation OF the Cunningham affidavit to In
terror department officials in September.
1908 In answer to criticisms OF Mr
Ballingcr'I conduct in this matter. Mr.
Nertrees gays;
Favorable Claims.
First OF all as has already been
shown there was no information of a Sc
cret character In the land office, which
Mr. Ballinger could have used, The re-
ports IN file are favorable to the claims
The aifdavits on file were we'll known to
the afban,s themselves. The only evil
dencc that had been procured not con-
tanned I'm the reports Of the afidavits OF
the atlantis was a copy OF the Cunning
ham journal, the original OF which Cum
ningham himself had. This journal was
linger had retired from the office OF com
missioner The fact is that there was
nothing for him TO remember or recall
II was not possible for him. therefore,