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TOT ASIIETILLB GAZETTE-NEWS.
Monday, -June'-13, 19l()l
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FOB BALLINGER
(Continued frt(m page 1)
Kerby ulone Is conovusive as to the
rectitude of Mr. BallinRer's course,
Kerby was his conlidenttal stenos-:
rapher and clerk and in charge of,
the confidential fllcg. It there were!
anything improper or corrupt to be;
known it would be known to him. lie
was eager to speak. He wished 'with
all his soul' to be called before thej
committee as ha was called. We '
called him. The committee will re-
member his eagerness and zeal. Hei
was pressed to state what he knew
against his chief. Again and again ;
was he asked to state anything tnat(
in his opinion reflected upon the sec- I
retary of the interior. Not an act, '
not a transaction, not a thing, could
be stated by him. He asserted that ;
there was one thing, and that was!
that Mr. Eallinger intended, with full
knowledge of his unfitness, to appoint!
R. H. Thompson to be director of the:
reclamation service." j
Referring to Kerby's testimony that :
he regarded Thomson as unfit be-1
cause Mr. Ballinger thought he was!
the man to go to Alaska to advise J.
P. Morgan & Co., when his friend,
George W. Perkins, of that firm, ask
ed him to recommend a western en
gineer to make an examination with
a view to a contemplated railroad en-,
terprise, Mr. Vertrees says: "This is
the only sin of Mr. Ballinger which
Mr. Kerby could name." !
Mr. Vertrees calls attention to the ;
rigid scrutiny and examination the
Interior department has been under:
during the inquiry and says "nothing
hag been revealed which reflects upon
tn loyalty, the Integrity, the good i
faith, the sei. f duty of any man '
therein." j
"Cruel and Baseless."
"The only persons who can be crit-
leised," continues Mr. Vertrees, "are j
those who have been discharged, and
have arrayed themselves against the j
secretary and the department of the
interior. This Inquiry involves the
Kood name of a gentleman and the
reputation of a member of the cabi
net. It is no idle thing to assail the I
t'haracter of a member of the cabi
net. He is one of the advisers of the
president and dishonorable conduct
on his part not only brings disgrace
to him as an individual, but reproach
upon the government itself. Conse
quently such an accusation ought not
to be lightly brought. There ought
surely to be substantial grounds.
Here, it may be asserted, there are
absolutely none. The prosecution is
cruel and it is baseless."
Mr. Vertrees says the accusations j
atainst Mr. Ballinger relate, official-
ly, to his policies with respect to con- i
nervation, water power sites and re-:
ilamation and to his course with re
spect to the Cunningham claims; and,
personally, to certain acts of alleged
professional impropriety committed
ly him as a lawyer, not as an official.
but when In private life.
Defending Mr. Ballinger's conservn-;
tion policy, Mr. Vertrees cites nunier- i
ous cases in support of his contention j
that former Secretary Garfield was
wrong in his view that the secretary)
of the Interior, in dealing with the
public lands, had authority to do thatj
which he may conceive advisable and i
for the public good, unless it be for-!
bidden by some statute, and this nee-!
easarily without regard to the usage
of the past.
Mr. Ballinger's position with re-1
gard to the exercise of the so-called i
supervisory power with respect to the!
withdrawal of water power sites, on I
which question he also differed with 1
Mr. Garfield, is defined as follows: i
That when congress had, by law, said j
that the public lands should be open '
to entry that is, entry under the
homestead, mining and desert land
laws it is beyond the power of any)
administrative officer to withdraw byj
executive order the lands which con-1
gress has thus stated shall be open
to entry. Numerous cases also are
cited in support on this view. i
The Garfield Policy.
Discussing the Garfield policy of is
suing "co-operative certificates"
whereby reclamation projects could
be expanded and extended, the brief
says Mr. Ballinger's view that those
certificates were illegal was fully sus
tained by the attorney general's opin
ions, which held the certificates in
valid based upon the fundamental
proposition that an executive officer
could not enter into any contract un
let it Was authorized by some act of
congress and that the reclamation act
did not confer authority upon the
secretary of the Interior to enter Into
such agreements.
Another of the "Garfield policies"
reversed by Mr. Ballinger was the
"co-operative agreement" between the
' Interior and agriculture departments
' whereby the control of certain em
ploye at the Indian bureau was giv
en over to the forentry bureau. The
brief recites that Acting Secretary of
the Interior Pierre decided that inas
much ai the co-operative agreement
provided that all men employed In
forest work on Indian reservations
should' constitute a part of the force
-of the forest service, responsible di
rect ly and only- thereto. It was an on
warranted attempt to surrender the
duties Imposed upon the Interior de
partment by the act making an ap
propriation of $100,000 for the In
dian bureau's use.
Difference of Opinion.
"Thus It appears that these policies
were matters about which there was
a very earnest and sincere difference
of opinion." says Mr. Vertrees. "Mr
Garfield and Mr.' Pint-hot entertained
. one ylew, and that view Is described
as the "Oarrleld policy." ( Mr. Bal
llnycr'itrtBtnrs'dfrjetit . view.
THE BIG'
. PEERLESS
'"''rofcdEi)'
r
Z3
Extra Special h 5 sample Rain
Coats, up to $i5.oo value. Sale
price, $9.95.
Golden Tan Suits of wide waie, imported cloth,
trimmed with self color Moire and Buttons, coat
full silk serge lined, novelty pleated tQ 7T
skirt, former price if.TJ.riO, sale price. $1 si )
Blue and Hiseda Green Suits of Imported Bedford
Weave Cloth, inlaid collar of fancy silk to match,
tuxedo lapel, finished with two jewel buttons
to match, former price
price
50 Suits, this season "s very latest styles, in all the
leading shades, including shepherd checks, some
strictly plain tailored, others neatly trim
med, up to $1(.50 values, sale (JQ Qj"
price frjSO
One lot Cloth Tailored Suits for girls, ages 10 to 16,
all the latest styles in girlish models, both plain
and trimmed, also Peter Thompson Suits of
Blue, Brown and Red Serge, up to $15 (JQ Q r
value, sale price OeV)
A strictly Waterproof Aviator Cape, made of Twill
ed Silks, Taffetas and Soft Silks, a variety of
colors to select from, suitable for street or
evening wear, up to $16.50 values, Q QT
sale price. , , . tyy,sj
and the result was, coming In, as he
did, us the successor of Mr. Garfield,
he and Mr. Pinchnl regarded, or af
fected to regard, his as an enemy to
conservation and to reclamation, and
all because he did not concur In the
policies which they had pursued. As
already shown, on principle, on a fair
and proper construction of the acts
involved, the decisions of judges, the
departmental decisions, and the opin
ion of the law advisers of the secre
tary, the view which he entertained
was correct, and the doubts which he
entertained were well founded.
"The suggestion now to lie made,
it would seem, oug.'it to dispose of
the inquiry so far as the supervisory
power and the questions Involved
thereunder are concerned. I submit
that It Is entirely beyond tho author
ity or Jurisdiction of a committee of
the congress, or of the congress Itself,
to censure the secretary of the In
terior, a cabinet officer, because of
his views In matters of departmental
policy. ...
"However, there Is another consid
eration by which the Inquiry la affec
tively disposed of, and that la this:
The views wnlcn Mr. Ballinger en
tertained, and the. policies which he
has pursued are the opinions and the
views of the president himself views
and opinions expressed by him to Mr.
Riilllnger before this inquiry began." '
The brief deals at groat length with
the evidence before the Committee
relative to the Cunningham claims In
defense of Mr. Ballinger's connection
with, them as ft government official.
Then his conduct while out of office
Is discussed, particularly his prepara
tion and presentation of the Cunning
ham affidavit to Interior department
officials in September, 10S. - In an
swer to criticisms of Mr. Ballinger's
Conduct In this matter, Mr. Vertrees
says:
T1m Cnnnlnglism Jonrnal.
"First of all, as has already been
Greatest Money
Saving Event in
Asheville's His
tory Our Ready-to-Wear Depart
ment of Ladies' and Misses'
Garments is considered bv the
patrons of this store to have
the most complete showing of
the season's newest in wearing
apparel. This "June Sale"
lias put prices within reach of
every purse. And it's up to
you to attend and take advan
tage of every opportunity of
fered here. ....
$24.50; sale
$16.95
shown, there was no information of
a secret character In the Isnrf m...
which Mr. Ballinger could have used.
ine reports on tile are favorable to
me claims. The affidavits on file
were well known to the affiants them
selves. The only evidence that had
been procured not contained in the
reports or the affidavits of the affi
ants was a copy of the Cunningham
Journal, the original of which Cun
ningham himself had. This Journal
was not obtained or filed until after
Mr. Ballinger had retired from the
office of commissioner. Moreover,
the services were performed six
months after he had left the office
were secondary. If It be assumed that
Mr. Ballinger In a matter In which
he had no Interest had chanced to
retain In memory a reoniininn
the status of these claims and the
records with respect thereto. The
fact Is that there was nothing rn
him to remember or recall, it was
not possible Tor him, therefore, to
have used Information obtained by
him as commissioner. The objection
that the performance of a service of
this character was forbidden by law
Is equally unfounded."
Mr. Vertrees cites rules and regu
lations of the department as well as
decisions of the denartment tk
torney general and the Supremo
ciiun, wnicn ne says support Mr. Bal
llnger's view that there i i. ,
departmental Inhibition against the
practicing Deiore tne department hy
a former employe In land eases. with
in two yearg after his separation
from the service. The Inhibition ap
plies, he snya. onl in cases Involving
money claims. s
''You say he actually likes haying
his wife be a suffragette and all
thatt" "Yes. , He thlnk's It Is fun
to get np and ga through her pockets
for change while she'
Cleveland leadsr.
'"11 H ' "T'THE STORE THAT
ASHEVILLl
SECOND
Annual June Sale
-, ' ' 5 i ? r js --".
Shoe Depft Specials
About 300 pairs of Tan
Oxfords for men and wo
men $3, $3.50 and $4 val
ues, all the r latest styles
included, sale price $1.98
One lot Ladies' Patent
Colt, one strap pumps,
turn sole, a regular $3.50
value, sale price. . . .$2:50
50 pairs Oxford Ties
and Strap Effects, all this
season's styles, all leath
ers, $3 value's $1.U8
Our line of Silkoline,
former price 1- l-2c, dur
ing this sale an extra spe
cial 8c
Apron Check Ging
hams, former price 7 l-'Jc,
special salo value, while
they last 5c
25c Honey Comb 'Tow
els, extra good sizes, dur
ing this .June sile 10c
Mercerized Rajah, all
shades, a dandy cloth for
dresses and auto coats,
yard 25c
Pongetts, a new Sum
mer material, nil colore,
special sale price 19c
Togo Silk, in all the
newest shades, a lieanliful
material tor afternoon
and evening wear. . . .25c
Shantungs, a beautiful
mercerized cloth, suitable
for dresses and auto coats,
yard ' 39c
1 line of London Welts,
in neat stripes and dots,
tinted and white grounds,
35c value, yard ....19c
TO BE HELBTH15 WEEK
Grace Episcopal Church, Way
nesville, Will Entertain
i the Gathering:.
, The sixth annual diocesan conven
tion of the Ashevllle diocese will be
held at Waynesvllln tomorrow, Wed
nesday and Thursday. The meetings
will be held at Grace , Episcopal
church. .The session at I o clock to
morrow night will be featured by the
annual service of the Woman's Aux
iliary, the address being delivered by
key. H. F. Haomenlg. rector of Trinity
Episcopal church. There will be
about 2i, clergymen and about 50 lay
men in attendance. Representing
Trinity parish will be J. Hardy Lee
Haywood Parker and Harmon A,
Miller. . i -
I , Jlshop Horner 'wni Snike .his 'nd-
c
3
ATTEND THE '
CREDITORS EIQ ,
. SALE OP THE ' '
v PEERLESS STOCK
tU? t.,TO.tI0RROV .
SAVES YOU MONEY" I '""
: -:
WEEK
One lot Vici Kid Gibson.
Ties, an extra fine $3.50
shoe, sale price ..... $2.48
. One lot Ladies' Ox
fords, Ties and Strap
Pumps, all leathers, $3.50
sellers :. .....$2.48
One lot Men's Oxford
Ties, Vici Kid, Gun Metal
and Patent Leathers,
$2.50 sellers... ....$1.98
Pure Linen Crash, in
the natural colors, an ex
tra special during 'June'
selling, yard .15c
Imperial Poplin, a mer
cerized cloth that wears
like linen, special during
sale, yard 25c
- Heiuie Linens, colors
blue and natural; this
makes an ideal coat suit
material, yard 39c
' Ombray Plaid Ging
ham, in the very newest
effects, during this sale,
yard 15c
Cottosilk Poulard, in
all the very latest shades,
a beautiful cloth for sum
mer wear, yard . , .17 l-2c
One line of Floral Flax
ons, all newest designs,
and beautiful ' shadings,
former value 25c, yd ,17c
One lot of Lawns, all
colors, neat 4esigns, for-,
mer values up to 15c yard, '
sale price.. ........ .5c
IJne of Bordered Lawn,
newest designs, regular
15c grade, special sale
value. . . ; .9c
dress to the convention at 11 o'clock
Wednesday, while Rev. Mr. Patton, I
district secretary of the board of
missions, will present the mission work
at I o'clock Wednesday evening.
The program fop the convention
will be as follows: - v
Tuesday, I p. m., annual services At
the Woman's Auxiliary by Rer. H. V.
Saumenlg.
Wednesday, l:3 a. m., appropriate
communion for Woman's Auxiliary.
:jo a. m., morning prayer and
litany.
1 10 a. m., organisation of conven
tion.
11 ' a. m.. hot cosnnsunlon and
B4sMop Horner's address to the. con
vention. 1 p. an., business session of the
Womaa's Auxiliary.
"4 a, business session of the
coBventkosv
( p. m missionary service by Rev,
Mr: Patton. district secretary of the
board of missions.
Thursday, 7: a. m., holy com
m union. , . ,
p. m., morning prayer and busl
ness session of convention.
I p. m., baslaesa session of con
vention. . - .
. The two local military companies,
"V". and "K. will have s big benefit at
thi; Hip all this week to help defray
their expenses to. the state encame-
meii,. July 10. The boys are all Out
hutU,ig, help them along by buying a
few tickets and at the same time see
he Wst vaudeville show ever offered
in the city for the mone Manager
Arnold hue secured a grflu bill this
week, one yon cannot afford to mlea
Kred Harris, Hie c hiitnplon buck dnnc
er of Am-rlca on roller ukul.s, does a
fr.il)si:f,iEiilts
Extra Special-
Umbrellas, with
Sale price, 69c
Beautiful Gowns,
Tub Dresses, tin-
; S '
en Suits & Wash'
Skirts
Your summer apparel needs
can be easily an deconomically
filled here during June Redic- V .
tion. Hundreds of New Thin,!;, n
bear a quick seljgig price.
Come here tomorrow or next
day while selections are still
good also be sure and take no- -tice
of the values on the first
floor. . 's.
Handsome Foulard Silk Dress, in new stripe dot ef
fect, with all oyer lace yoke, trimmed with self
colored soutache braid and buttons, Qr
former price $15.00, sale price. ..... 77J
These beautiful Taffeta Dresses in all new colors
and black, with silk lace yokes, collars and
cuffs, Tunic effect skirt, made of extra good qual
ity Taffeta, values up to
' price. . . .. . . T..V.
Russian Blouse Linen Colored Suits, with Dutch
neck effect, trimmed in bands of heavy lace at
collar, belt and cuffs, tunic effect pleated skirt,
the new fad- $10.00 value. Sule
-price. ...... . . . . . '."
This lot of Linen, Gingham and Chambray Dresses,
some with lace and embroidered lace collars aud
cuffs, others with sailor collar or Dutch neck ef
fects, the very newest, up to $7.00 d A QC
' values sale price'. . ...'..'.'..'.Vr.'
Only 40 of these English Rep Suits, in Tans, Blues,
Pinks and Coral Coats, strictly Tailored . with
strap seams, Inlaid collar and culTs and full
pleated skirt, $7.50 value, sale 2
novel and Interesting act.' The clever
Buckman Bisters, known as the hand
somest "sister team" In vaudeville are
here to help the boys make the week
a financial success. Walton Brandt
In a most Interesting planologua are
sure to becoma, favorites right from
the start The big feature of the bill
are- the "Three Lucifers," sensational
whirlwind novelty and acrobatto dan
cer direct from the ' leading; music
halls of Europe. This act alone Is
worth double the price of admission.
The performance will be give at The
Hip, rain or shine.
"Can't you live Just as cheap In the
suburbs as In townT" ."Yea, .but ev
erybody knows It eut tbsre." Life.
American Woman' League certif
icates will be accented on NRW mi in
scriptions only, to The (tosette-Newa
V- '. UAND BALE.
Notlrs la hereby given that on
Wednesday, July the th, tl9, at It
M., and from the front door of the
court house In ths city of Ashevllle.
the undersigned commissioner will
sell to the highest bidder for cash,
the following lot or parcels of Innd,
te-wlt: rots numbers t and t of block
IT. as Indicated on Ihe original map
Of Rkyland Springs, which map can be
(and recorded la boost 10, page 10
of the record of deeds la the office f
the Register ef Deeds for Bunrnml
county. Each of said lets fionllng 41
feet on the south margin ot Poad Ave.
and running back south, parallel lines,
1 feet . -
. Sale to be bed by virtus of a decree
Of the Superior court of Buncombe
county made and entered In the care
of C. D. Cooper and Mhrs eg parte.
Tor further -information eaU on-undersigned.
' w. k. wnnvoN. '
Coinml-iiloncr.
. This June th, 1910.
dne. lot Ladies'
fancy handles
$16.50, sale
$10.95
. ...
V. $7.50
'.' .
: My tooth hurts like Bam hur
"Who the Dickens is Sam Hiu;
"Well, who in Sam Hill U Dlckeni.
Toledo Blade.
Father What Is that Infernal r
ett Johnny-I m playing I m traw
i ihink vou had better play J"
have missed, w.-Nw Vork Sun. ,
Tescher looklnover a
Pupil (horrified) I? Why. I wrote
fct- Louta Fost-Dttpatcn.
' f TOBTIHG G00D3
-Baseball Goods, FWf
Tackle, Pistol and Ammo
tion. Trunks and leather gooja
if oar pecialty. Money
loan on diamonds, watch.
pistol arvd anything of vjufl.
pawn 4 loan ornci,
; t 23 Sooth Maui .
THE FORCED
SALE OF THE
PEERLESS STOCK
'.STARTS AT
9 O'CLOCK
?. To nonnotf.
1 .
i