Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1910-05-17
PRESIDENT ON LAWLER CASE
Writes to Nelson Explaining How the
CLAWS letter Was Written.
INSIDE HISTORY OF MATTER
Interior Department official Was Or
dc.ed by Executive TO Make Draft,
which was Submitted and
UAed IN Part.

WASHINGTON. May 16l--Presdent Taft
in person last night took hand in situa-
alton which has arisen concerning the lin
side history OF his letter OF September 13
generating Secretary Ballinger from the
charges of Special Agent l.. X. CLAWS and
authorizing the dismissal Of CLAWS.
over his own signature he addressed a
long letter to Senator Knute Nelson, chair
man of the Ballinger Pinchot Investigating
committee, setting forth in minute detail
the sequence OF events following his re-
ceipt at Beverly. on August Is last, of the
charges of CLAWS.
The president makes no direct mention
OF the staFment of Fred NJ. Kerby. the
young sterNgrapher in Secretary Ballingers
office. In which the stenographer declared
that the presidents letter Of exoneration
was prepared in Ballinger's office by Oscar
Lawler, assistant attorney general for the
Interior department. Tonghts utterance
of Mr. Taft was. however obviously pro-
voked by Kerbys statement.
Mr.. Taft declares not only that Lawler
did prepare such letter as Kerby said he
did, but that no did so by the presidents
specific direction When he received 1t. he
found, he says, that 1t was not what he
wanted to issue, and he wrote the letter
ulUStll III INC IOIIn III Wlltu HO htSl GU H.
using from LAWYERS draft only one or two
statements.
"Back Dating" of Letter.
The president goes still farther and takes
up the question of the back dating" of
Attorney General Wickershams summary
of the CLAWS charges, to which Attorney
Louis ID, Brandeis has drawn attention. Mr..
Taft says that the attorney generals let
ter was In fact back dated" and that this
also was done by his specific direction.
Following Is the full text of the presl-
dents letter:
THE WHITE HOUSE, WASHINGTON,
May Ii, 19l0-My Dear Senator Nelson In
the hearings before the committee to in
vestigate the Interior department and
forestry service reference has been mado
\ TO my decision upon the complaint and
charges of L. r. CLAWS, filed with me on
August IS last against Secretary Balllnger
and certain other officials of the Interior
department The majority of the commit
tee have said that my action in this regard
wSs not within the jurisdiction of the COM
n!ittee to investigate. In spite of this
ruling references to the matter have crept
into tho record. For this reason 1 deem It
proper to write you and state with such
accuracy as my memory permits what tho
facts are. ass .a
6IaNlS. statement ana charges were leIl
with me by him on August IS, 1909. 1
turned them over to the attorney general
who happened to be in the neighborhood,
and he made notes upon his reading We
both had personal knowledge in respect to
Secretary Ballnger's attitude toward the
Alaska coal claims. which was the chief
subject OF innuendo and complaint for
Mr.. BalliEEer had very early in the ad-
mnistration consulted us both regarding
them.
Jealousy Between Bureaus.
Within two or three Gays after the filing
of the charges, at a meeting at which the
secretary OF the treasury, the attorney gen.
eral. and the secretary of the navy were
present, a full discussion OF the CLAWS
statement was had. 1t resulted in general
conclusion that jealousy between the
bureaus of the Interior department and the
forestry bureau probably explained the atti-
tude of the Interior department officials.
but that the intimations of bad faith by
CLAWS against Mr.. Ballinger and the others
required that the statement by submitted
TO them for answer. Accordingly, copies
of the statement were sent to Secretary
Banlnger to Assistant Secretary Pierce, to
Commissioner bennett and to Chief of Field
Service Schwartz.
Mr. Ballinger was at Seattle, but upon
receipt of the charges he came to Wash
ington to prepare his answer. On Monday
September G, Mr.. Ballnger reached Bever-
ley, accompanied by Mr. Lawler. the assist.
ant attorney general of the Department OF
Justice assigned to the Interior department
MIR. Ballinger sent to my house on that day
the answers of the various persons CON
cerned, together with a vouminous record
OF exhibits. | had n conference with him
the evening of the day he came, September
q, and then on the following evening. Sep,
TENDER I.
Talks with BnIIInEer.
II talked over the charges with Mr. Bal
linssr the first evening and asked such
questions as suggested themselves, without
intlmating any conclusion. and said l would
t6xpninc the answers and the records and
you'd see him tho next day. l sat III
until 3 O'Clock that night reading the
answers and exhibits, SO that at my next
conference l was advised of the contents
OF the entire. record, and had made up my
mind that there was nothing In the charge.
Vqpon which Mr. Bannger or the Others
accused could be found guilty of either
incompetency. nefficiency. disloyalty to tho
interests Of The government or dishonesty.
In the discussions of the second evening
Mr. Lawler, who was present at my sug,
gest!on, discussed the evidence ut som,
length SAID to Mr. Lawer that wa.
very anxious to write fun statement O.
the ease and set out my reason for my
decision, but that the time for my departur,
on a long western trip, occupying tive
months, was just one week from that day
that 7 had six or seven speeches to deliver
at tho beginning OF that journey and tina
could not give the time to the preparing
OF such q detailed statement and opinion
as l would like to render IN the matter.