The San Francisco call., 1910-05-28

sinai man against the oVerpoWer-
ing influence of the big. politically
as well as financially The struggle
to establish that every American
is. entitled to equal justice--in the
courts-that no official is. so highly
stationed that he may trample
ruthlessly and unjustly upon even
the humblest American citizen. The
cause or CLAWS is the cause of the
common people, and more eSpe-
cially the cause of hundreds of
thousands of government officials.
RESUME OF ALASKA CASES
Brandeis gave a chronological re
sumo of the Alaska coal land situation
from the time the Cunningham claims
We're first filed upon in 1906 He LAID
particular stress upon the contention
that Balllnger. as commissioner of the
land office. was fully acquainted with
the situation and specially directed the
procedure in the land Office whereby
the claims were scrutinized. He de-
clared that of 461 Alaska coal claim
ants whose addresses were secured By
special agents in their investigation
356 appeared to be residents of the
Pacific coast and 164 lived in Seattle
Ballinger's home city. He said:
Among these claimants were the
men of greatest influence in the
state. financially and politically.
and among these were friends and
associates of Ballinger.
While these Pacific coast claim
ants remained undisturbed by fur
ther inquiries into the validity of
their claims, most of the others,
those residing in Illinois and Mich
igan, were, on September "a. 1907,
directed to be thoroughly inveSti-
gated. Was it a coincidence that
the investigators of Special Agent
Jones in the summer of 1907 into
the Cunningham claims stopped
eh w Of poll In g-afI ,ad n,
Seattle, shortly after the agree
ment between the Morgan-Gug-
genheim Alaska syndicate and the
Cunningham claimants, which rem
dered an early issue of the patents
important? Was it a. coincidence
that an active inquiry was under
taken into the claims of residents
of Illinois and Michigan?
SWORN AFFIDAVIT ATTACHED
Brandeis said that BalIinger drew
the Cunningham affidavit containing
sworn statements obviously in irrecon-
cilable conflict with the terms of the
then existing agreement with the Nor
an-Guggenheim syndicate of July 20
1907" He referred to Baliinger's triT
east to see .his old friend Garfield" and
''his friend and protege bennett" ir
behalf of the Guggenheim claimants.
Brandeis said that when CLAWS ap-
pealed to Ballinger to postpone hear
ings on the Cunningham cases until
after field examination could be made
the secretary drew strange ethical dis
tinctions." He said that Ballinger ha6
felt at liberty to save the Cunningham
claimants, although previously as land
commissioner he had represented the
government, but on becoming secretary
he had felt barred from representing
the people because, as he had expressed
it, he had incidentally acted for the
Cunningham claimants
Brandeis said thar Ballinger had felt
no such hesitation in Fastening at the
instance of the claimants the investiga-
tion of the Cunningham and other
claims.
COAL CASES DISCUSSED
AS to Ballinger's assertion that he
had had nothing to do with the coal
cases since he became secretary. Bran
deis said:
in effect he he i'h did al. tine It needed mo no
writing signed by him to do the
tions. Those by whom he was sur
rounded were of that category who.
lat the wlnking of the authority;
never prove insubordinate from
overzeal for the public interest.
AS indicating Ballinger's .'irresolute-
ness" Brandeis recited how he had
acted under pressure in his various
steps in the Cunningham cases, yielded
to the claimants when in Seattle and
later to CLAWS when he returned to
Washington with the claimants three
thousand miles away"
BALLINGER AS WITNESS
Brandeis spoke of Ballingers appear
ance on the witness stand with it's
extraordinary features of memory,
misstatements and denials" and quoted
from the testimony Ballinger's expla-
nation about the LawIer memorandum,
with the evident purpose of showing
that Ballinger attempted to conceal the
truth and evade his questions. He
added:
Such is the conduct. such is the
associations. He IS obviously in
the closest relations with men like
CD. Smith. Horace G. Henry and
sweeney gtn 5he fore Mooss
very close relations with George
W.. Perkins, ]. P. Morgan & Go.
Now consider the past conduct
OF Ballinger. Considering his
character as it has manifested it.
really think the interest of the
people could be safely represented
by Ballinger as against the Spe-
cial interests of the Cunningham
claimants and the Guggenheim-
Morgan syndicate?
CLAWS ACTS DEFENDED
Brandeis defended CLAWS action in
laying the matter of the Alaska coal
claims before the president by advice
of Pinchot. He said that after Claws
had submitted his statement of August
IL last he was not again communicated
with by the president before the ap-
pearance -of the latter's letter of Sep
tember IS, dismissing him and exoner-
ating Ballinger
He said ''deluge of typewriter mat
ter" came from the interior depart
ment in reply, supplemented by oral
statements and arguments by Ballinger
and Assistant Attorney General Law
Ter, and that finally the president had
committed to Lawler. IAN appointee.
and, in effect, subordinate of Ballin-
ger, man who had special grudge
a xrfc Of he