| Show ANOTHER MOUNTAIN MOUNTAINS MADE OF OP MOLEHILL MOLE ILL Stenographer in the Office Off ice ce of o Secre Secretary Secretary Secretary tary Ballinger a in eY Furnishes urnis es Theme eme for the Latest Gossip WASHINGTON W ASHINGTON May 14 Oscar r Lawler assistant attorney general of the interior department o f which Richard A Ballinger is the head did in fact prepare a draft of a letter addressed to Secretary Bal Ballinger Ballinger Ballinger linger and in such form and phrase that it might have been adopted ver verbatim verbatim verbatim and signed by the President as Mr Tafts exoneration of the secre secretary secretary secretary tary from the charges of L R Glavis s and authorizing the dismissal of Glavis from his position of special agent gent a of the interior department This draft by Mr Lawler was delivered this afternoon to the Ballin committee and ordered spread upon the records of the Careful comparison of the th e Lawler draft with the letter of the President shows that Mr Taft did in fact adopt practically pra ti aIly verbatim two short paragraphs of Mr Lawlers language The substance of the two i documents is otherwise widely dissimilar r I The subject was on every tongue to tonight tonight tonight night In Washington where nere almost every man woman or child Is bitterly either a Ballinger or Pinchot partisan The thing came to ta a head today in inthe inthe inthe the publication of a statement attributed attributed ted to Frederick W Kerby one of ot the stenographers In the office of Secre Secretary Secretary tary ary Ballinger In which Kerby related the circumstances under which be he alleged the Lawler draft to have been prepared Kerby asserted further that all of the preliminary drafts used In Inthe Inthe inthe the preparation of or the letter were burned In a grate In the Interior de department department at the suggestion and under tinder the tie supervision of Don A Carr Mr Ballingers private secretary Kerby drew the Inference that the Lawler draft had bad been adopted by the President President President dent essentially as his own that Mr Ballinger and his legal advisers had therefore virtually prepared the exon exoneration exoneration which Mr Taft Tatt had Issued over his own signature I Almost simultaneously with the pub publication publication publication of ot the Kerby statement Attorney Attorney ney General Wickersham sent to the Investigation com committee committee I then in session n a copy capy of the I Lawler draft accompanied by b y a letter letterI I to Chairman Nelson in which Mr lr Wick Yick Wickersham declared the document had been I overlooked in sending the papers requisitioned I by the committee at the behest of Attorney Brandeis Statement From White UJ ite House The publication of the Kerby state statement stater r ment meat evoked from the White house a statement declaring that there was absolutely ab absolutely absolutely I no foundation for tor the state statement meat ment that the Presidents letter of ot otI September 13 1909 was substantially substantial I prepared for the Presidents signature I by jy Assistant Attorney General Law Lawler ler ert and asserting unequivocally that i the President nt dictated his letter latter per the result of u his oWn awn own Inver I t the t e records and of O papers in iris rp possession at the time and upon the report of ot the attorney general gen raI It was tt further urther pointed out both lh atthe at atthe atthe the White Whitehouse house and nd by Attorney Gen General trap eral Wickersham himself that a com comparison comparison comparison parison of or the Lawler draft and the Pr Presidents letter w would uld slaw shoo that hat the Inferences of the Kerby statement were unwarranted Mr Wickersham am alluded to the practice common in the government govern government gOVernment ment departments of subordinates pre preparing paring letters and documents for tor the consideration of their superiors and their use by them in whole whale or in part as they might see s fit tit Secretary Ballinger and Mr Lawler were in conference for tora a long longtime time this afternoon with Attorney General Wickersham Wickersham Wick Wickersham While they were so engaged at the department of justice a mes messenger mess messenger s nger was sent out for a copy of ota a newspaper containing t Ve tI e Kerby state statement statement statement ment Ballinger Angry When Mr Ballinger emerged from the conference he showed signs of angry concern but declared vehemently that there was nothing to be ashamed of Mr Ballinger said that Kerby had zone gone off on a vacation today No he added in reply ply to a ques question question question tion he has not been discharged He said this with a grim smile Kerby is superintendent of a Sun Sunday Sunday Sunday day school and head of a boys brigade He was waar absent from his post all day being it was said at a picnic of one of these organizations Attorney General Wickersham de declared declared declared that th t it was quite obvious that Lawler did not prepare the letter signed by b President Taft Tart Compare the letter written by Mr Lawler with that written by the President President President dent said Mr Wickersham and you will readily recognize the fact There is fa 1 only onI one clause which in a meas measure measure measure ure ure the President adopted No it was not regarding the tho dis dismissal dismissal missal of Glavis he said in response to further questioning What Mr Lawler prepared was what might be termed a suggested form torm of letter Jetter which the President could adopt if he saw fit tit a practice of every day occurrence in is the executive departments depart departments departments ments Mr n said he be preferred not to discuss the matter as it would be manifestly improper for tor him to doso do doso so 80 before he had seen the President Continued on os Page Two ANOTHER MOUNTAIN N MADE OF MOLEHILL i Continued From Page Pase One However In his recent letter lotter to Chairman Parker of the House commit committee tee on Judiciary Mr Wickersham said aid I the President had bad before him when he acted on the charges documents d and rough He said that he had afterwards compiled at the Presidents direction the summary which the reso resolution resolution resolution lution of ot Harrison of ot New York If Jf adopted would direct him to furnish Mr Wickersham wrote Mr Parker that the resolution seemed to be an Inquiry Into details of Inter course between the attorney general and the President which it would be he neither competent or seemly for either House to attempt Mr Wickersham said he had received three requests for information bear bearing bearing bearing ing on the subject in his possession and that he be thought they had been complied with to the full tull extent that propriety would admit He said that he nevertheless instructed his private secretary to make another search of ot othis his files and today the Lawler draft was found Had I nd Been Overlooked Mr Ir Wickersham said the memorandum memorandum memorandum dum had been entirely overlooked in his previous communications to the committee As AB soon as It was found Mr Wickersham said he ho sent the tho let letter letter letter ter to Senator Nelson The attorney general said the Law Lawler Lawler Lawler ler letter had been handed to him bim by Lawler on September 11 and that he left it with the he President at Beverly the next day Assistant Attorney General Lawler said that as the matter Involved his relations with the President he ho could not discuss it without the Presidents permission Personally he be said he Tie was perfectly willing to make a reply but buthe buthe buthe he did not consider such an action would lie te respectful to the President unless he had obtained his consent Assistant Secretary of the Interior Pierce and Don M lL Carr declined to comment on statement E C Finney assistant to the secre secretary secretary secretory tary tory of the Interior declared that Ker bys assertion that he lu b Finney took part In any conference on the subject of the Lawler memorandum was a aHe alie alie lie He lieThe HeThe The draft prepared by Assistant At Attorney Attorney Attorney torney General Lawler and the letter actually written and made public by President Taft are now matters of public record In the testimony of the Investigating committee I Comparison Made President Tafts letter begins as fol rol follows follows lows lowsOn On the day of August last Mr L Ii R B Glavis chief chie of field division of the general land lancT office with headquarters at Seattle Wash called upon me here bere and submitted a statement or re report report report port relating to the conduct of the In Interior Interior tenor department and particularly to the action of yourself Assistant Secre Secretary tary tat Pierce Commissioner of ot the Gen General General Genera eral era Land Office Dennett and Chief of ofField ofField ofField Field Service Schwartz In reference 1 to the Cunningham report of coal oal land claims in Alaska The first paragraph of the he Lawler memorandum is substantially Identical The seventh paragraph of the Presidents Presidents Presidents dents letter and the second of the Lawler letter are those referred to by Attorney General Wickersham as alike Both read as follows The great responsibility of the cab cabinet cabInet inet met positions demands demanes the Selection electIon of men of the highest character and In Integrity Integrity Possession of these qualities as well as an ability and experience which especially fitted you to direct the affairs of the department of ot the Interior warranted your yo r appointment as secretary Duty to the country to you and myself requires that any as upon the propriety of your acts or those of your subordinates be promptly met and carefully considered to the end that If justified proper remedy may be applied and If not that It be publicly refuted The last phrase in the Lawler memo plemo read And If 1 not that it may maybe maybe maybe be squarely emphatically and publicly refuted Here the similarity ends enaS Xo So o LODger r Similar The President in his letter speaks of the inference which Glavis seeks to draw to Ballingers discredit that while he was commissioner of the land office he came into possession of facts concerning the Cunningham group of f coal land claims which made it Improper for you to use such auch facts after your resignation on In the course courso of ot securing patents Lawler says Came into possession of facts which were after your resignation used to the detriment of the government in the course of private employment by some of the parties interested in such claims The President says another Infer Inference Inference Inference ence Is 18 that you have acted Improperly since you became secretary of the In Interior interior tenor in reference to the Cunningham Cun ingham cases and have used your Influence to interfere with Mr Glavis Giavis efforts to de defeat defeat defeat feat the claims Lawler says have acted Im ha Improperly Improperly properly since becoming secretary o othe ot the interior in I reference ference r to the consid consideration consideration cration of oi the Cunningham cases the Impropriety arising out of the fact of your having been consulted by bj parties interested therein after your retire retirement retirement retirement ment as commissioner and before be being I Jug ing appointed secretary Taft More Moderate Mr Tafts TaU letter etter says The Tha whole record shows that Sir are Glavis was honestly convinced of the illegal char character character acter actor of ot the claims in the Cunning Cunningham ham group and that he was seeking evidence to defeat the claims claim Lawlers letter credits him with no such honest Intent stating The rhe re reports reports reports ports and records have been carefully examined and I find that rot not ot only are the Inferences without justification but that Glavis has been guilty of ot a perversion and suppression suppression suppression sion of truth amounting to actual mis misrepresentation misrepresentation representation Mr Taft in his letter authorizes Bal Ballinger Balsinger singer linger to dismiss Glavis Giavis for filing a statement unjustly im impeaching ImpeachIng the official integrity of his superior officers Lawler calls his statement disingenuous disingenuous and colored seeking through and Inference to create crease a sus Bus suspicion suspicion of Improper conduct on the part of his superiors superior by a a recital of isolated circumstances dis from the surrounding facts arid aI quotations and detached letters and telegrams without reference to the communication to which they were replies or to res responses responses responses elicited to t them The Lawler document is very much larger than the entire Taft letter and deals exclusively with the Alaskan coal claims white while only about half of the Taft letter refers to the Glavis charges the balance relating to the forestry controversy to which Lawler hardly refers at all The Lawler draft totals upwards of ot words that of the President makes about Statement by Kerby Kerb I 1 made the facts public because 1 I had decided that loyalty to Mr Bal Bat Ballinger linger did not justify disloyalty to the country countr said Frederick M L Kerby to tonight tonight tonight night He added that in view of what he had heard of snake killing kUling he be assumed he would be dismissed from the department If Tf T the th secretary of ot the th Interior be u that my statement of the facts he continued calls for my separation from the service it Is up to him I have only stated the facts He Ho has said faid that he wants the truth of all the facts I have only made my contribution contribution tion of what he had failed tailed to make public In response to a question as to what he would do in case he lost his post position tion Kerby said saidI I r have had personal assurance from others than those to whom hom I 1 gave the information that they would do the best they could for me In case I 1 was dismissed He declined to say from whom he received the assurance Mr Ir Kerby said that the question had hadnot hadnot hadnot not been an easy one to decide from froman froman froman an ethical and arid moral standpoint Notwithstanding considerable pres pressure pressure pressure sure from newspaper representatives said he I bad had refused to make the story public believing that the proper course was to wait until I could be called as a witness but the attitude of ot the committee in practically shutting off the Inquiry regarding the mem memorandum memorandum by Lawler convinced me that the only course to adopt to make the facts public would be to give It to the press presslie He lie emphatically denied that the so called Pinchot side of the controversy bad had anything to do with the publics publication publication tion of his statement Ha Be e said that Garfield knew of the facts In his possession from a mutual friend but had nothing to do with their publication Attorney Vertrees counsel for Mr Ballinger met the President at the White House tonight and held a brief brier conference with Mr Taft |
