Show T WT- WT ROOT PROTEST HELPS EPS CAUSE OF r BRANDEIS 5 E Presidents President's residents resident's Objection to Nominee Springs From Personal Grievance By By GILSON GARDNER WASHINGTON March 23 The case of Louis D D. Brandeis has been helped rather than hurt by the Taft-Root Taft protest Root was a member of the joint congressional con con- gressional committee which sat to try the the Ballinger case and worked hard to save Taft from the tue exposure which Brandeis at that time drove to a successful suc sue con conclusion lusion These facts were recalled by sena sen senators senators tors who received the Taft Root pro pre test Taft has a personal grievance against Brandeis As president and sponsor for Ballinger ho be was the real defendant in the Ballinger Pinchot investigation in That guilty was the verdict rendered by the public was shown first by the fact that the Republican Re rte publican majority was overturned In iri Inthe Inthe the house in n the middle of the Taft administration I forcing B Ballinger to resign rather than face threatened impeachment im charges and later the vcr vur- diet dict was driven home by the eight electoral votes of at Vermont and Utah received by Taft at the following election elec dee tion Taft and Root might have forgiven Brandeis for helping Pinchot save the publics public's coal lands in Alaska and the power sites which Ballinger wanted to restore to entry What they do not forgive was the relentless manner in which Brandeis brought out the fact that President Taft and Attorney General General Gen Gen- eral Wickersham had been parties to the manufacture of evidence calculated calculated calculated to mislead the public and the committee the committee the preparation of a document doc doe which never had existed but which the president had claimed was the basis of his action in exonerating exonerating exonerating ing Secretary Ballinger This was the famous Wickersham summary of evidence in the Ballinger case which when it became evident that congress would investigate the case was written by Attorney General Wickersham some Bome time In November or December 1909 and dated back to September 11 11 1909 by Tafts Taft's orders Brandeis not Only exposed this tills piece of deception but also forced the production of that other famous document the Lawler memorandum prepared by Oscar W. W Lawler a subordinate subordinate sub sub- ordinate of Ballinger in the interior department and used by Taft in makIng making making mak mak- ing up his letter exonerating Ballin BalUn- ger It was thus proved that Taft instead of giving Judicial consideration tion to the evidence himself bad had assigned assigned assigned as as- signed Ballingers Ballinger's subordinate to prepare pre pro pare an opinion of Ballingers Ballinger's conduct The publication of these facts left Taft In such a position before the public that he has lias never been able to forgive Brandeis exposure For these reasons the senate is expected expected ex ex- ex to give little weight to the ex presidents president's opinion It is evidently Taft and Root who lack the judicial temperament not Brandeis |