The Washington times., 1911-06-26
CUNNINGHAM COAL CLAIMS ARE
CANCELLED BY FISHERS ORDER

I pressure Of public interest was intense
The Administration was determined tc
avoid an investigation, but 1t soon
proved inevitable, and an Administra-
ton Senator, Jones of Washington, In
troduced resolution torinvestigate both
the Interior Department and the Forest
Service The effort at this point was
to place Pinchot and his people on the
| defensive.
It was now that Mr.. Pinchot played
his last trump. He wrote letter to
Senator Dolliver, who in turn read II
from the Senate's floor, saying the Presi-
dent had been deceived, that CLAWS was
efforts of the Forest Service to make
| the whole affair public were justified
| by the merits.
| Crisis Comes.
| This letter brought the crisis. In or
der to muzzle Pinchot and Price, the
President had, only a short time earlier,
issued an Executive order forbidding
such communications from subordinates
| in the service. The Pinchot letter was
| a direct, f1agrant violation of the order;
| 1t was committed deliberately, because
Pinchot considered that his continued
silence would amount to acQuiesence in
the whole project OF getting Alaska
| turned over to the Guggenheims.
Instantly after this insubordination of
inchot came his dismissal by direct
published and was bitter arraignment
of Pinchot.
The dismissals of Price and Shaw,
lieutenants Of Pinchot at the Forest
not denounced-simply notified that they
were dismissed by order of the Presi-
dent.
Here came a new and unexpected dra-
matte turn. Congress was considering
the appointment of joint investigating
committee under the Jones resolution.
The fight of insurgency against Can
nonism was at its height The Jones
resolution reached the House floor, pro-
viding that the Speaker should name
the House members of the committee.
Fight Follows.
Representative Norris of Nebraska
promptly moved an amendment to have
them elected by the House. A short.
sharp fight followed. The insurgents
and Democrats combined, and for the
first time overthrow the Cannon ma
chine.
1t was the beginning Of the end of the
Cannon regime; but that was only an
incident; one of the by-products of dis
aster that have ,strewn the whole way
of this famous controversy.
AS, result, the House, instead OF
naming solidly pro-Administration
committee, named Representatives
James of Kentucky, Madison of Kansas.
and Graham of Illinois, all anu-Admin-
istration and pro-Pinchot, together with
three Administration Republicans. The
Senate named four Republicans, all pro-
Administration, and two Democrats,
who turned out supporters of Pinchot.
One continuing succession Of sensa-
tional revelations made up the long in
vestigation which followed. CLAWS was
on the stand almost a week. The Ad-
ministration supporters, led by Senators
Nelson and Root, employed every ef-
o. 80 10
down and destroy the case against Bal
finger.
Wonderful Witness.
CLAWS. however, proved a wonderful
witness. A smooth-faced hoy Of twen-
ty-six. he had himself completely in
control. He would not be hurried. nor
excited: he knew the facts and the
law; he was led through the most i'm
possible maZes Of question and cross
question, without ever contradicting
himself.
skillfully massed by Louis d; Bran
deis, his lawyer, had made the case
against Ballinger just about as con-
vincing as was possible, so far as con-
cerned public opinion. From the day
when CLAWS left the stand after that
week of grilling, to receive the con-
gratulations of his supporters, 1t was
apparent that the case was won for
IL.
and CLAWS was ended; the trial turned
into a determined effort to save Bal
linger. How well II finally succeeded Is
indicated by the succession of later
events, including the decision handed
down today.
The Kirby Case.
The next dramatic development was
the Kirby case. Kirby was a boyish
young stenographer in Ballinger's Of
fee He had seen Lawler and Balhnger
burn, in a CRATE in Ballinger's office,
the notes on which was based the Law
Ter report, which, IN turn, became the
basis of President Taft's letter in dis
missing CLAWS. He knew of Bal
fingers correspondence with represen-
tadves Of the Guggenheim syndicate.
He knew of Ballingers correspondence,
in the effort to find a safe" man to
become head Of the Reclamation Serv-
ice. He knew the testimony of Bal
1inger and his supporters had sup
pressed many Of these most tllumtnat-
ing things.
Kirby stood between his duty to his
superior and his duty as citizen. He
believed he ought to expose the whole
condition so that justice might be done
He struggled long with his conflicting
emotions, and at last, after long and
earnest thought and discussion Of the
whole situation with his young wife, he
decided to make public all the facts he
knew by taking the stand.
"Made Good"
Knowing that it meant his instant
dismissal and an effort to disgrace him,
the young man offered himself as a
witness, took the stand, and proved
another CLAWS. He was abused by
lawyers, and every effort was made to
trap him. But he stood by his story;
he made good.
AS q result of his testimony, the
Lawler memorandum was found. II
was a highly important document in
the case, and its production made the
tide against Ballinger overwhelming.
Under the severest cross-examinatton,
impeached.
The young man was dismissed even