Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1910-05-18
coNcEITED KERRY.
Continued from Page One.)

company MIN. BaIl1nger wrote that he
had recommended Thomson.
In the same letters Ballinger made ref
erence to the reclamation service and
from them Kerby said he drew the in
ference that Ballinger intended to sup
plant DR.. Newell with Mr.. Thomson.
Root wanted to known how he had ar
rived at the conclusion from the letters
that Thomson was not fit man to be
director of the reclamation services.
Il don't believe that a man who was
qualified to go to Alaska to advise j.
P. Morgan g. Co., regarding mineral
lands there. is fit man to be at the head
of the governments reclamation SER
vice." replied Kerby.
kerby identified the carbon COPY of
the Lawler memorandum transmitted
to the committee Saturday. He thought
it was the second or third copy, al
though he said that was guess. He
had prepared one-third of it and Massey
two-thirds of il.
spirited discussion was caused by
an effort by Brandeis to have placed in
the record the White House statement
of last Saturday denying that there was
any foundation for the kerby statement
Mr. Rrandeis asked Kerby on cross-ex-
animation if he had seen the statement
Root strenuously objected to ting ques-
ton. I'VE are not here to investigate
the President" he said, holly, but only
the forestry bureau and the interior de-
partment. This whole line of inquiry
is an attack upon the President and
counsel and it has no relation to this nj
vestigation."
Root said he knew of several instances
where charges against cabinet officers
had been summed UP by &the govern
ment's lawyers in exactly the same way
as Mr.. Lawyer had done He said it was
LAWYERS duty to prepare an opinion on
the case for the President as he did.
Glaring angrily at Brandeis, Root ex-
claimed:
This whole line Of inquiry is an abuse
of the privilege accorded counsel before
the committed to make a covert attack
upon the President"
When Democratic members Of the
committee FASTENED to the defence of
Mr.. Brandeis, Root said he had merely
expressed his own opinion and did not
attempt to speak for the committee.
Purcell thought that the line Of ques-
tioning was proper.
Attorney Brandeis said that in
asmuch as Senator Root had made ii
personal attack upon him, he thought
he should be allowed to reply. Root
said he had no objection, but he did
not remain in the room to hear the
lawyers explanation. .+..
Mr.. Brandeis said the Presidents
letter of Sept. Is, generating Ballln
ger and dismissing CLAWS. had been
prepared under such circumstances az
to lead to the suspicion that it was
not judicial in it's nature but was ex.
tremely artisan" He said it was i'm.
portant to make it clear whether tn.
attitude of those interested had been
frank and open, and that the with.
holding of the document bore upon the
credinility of witnesses before the com.
mittee.
Kerby had told the committee he
had not been accustomed to keeping
his ctenographic notebooks and hao
so told Mr.. Carr, but had mentioned
to Carr that Massey had kept all OF
his. He said that subsequent to that
Massey had destroyed his notebooks.
Mr.. Brandeis asked Kerby to explain
why. 1no witness Salu tHdl lie dlu
Massey had been discussing the poss;>
bilitv of their being called before the
INQUIRY. Something was said about
Massey having kept all his notes and
Carr returned to Massey. smilingiy.
ana said, according to Kerby: Mas
sey, you had better loose those note
books" MASSEY lost the notebooks"
added Kerby. significantly.
When Kerby was excused, Attorney
Vertrees said he would like to call Mr..
Lawer to the stand to tell the facts
about the preparation of the memoran-
dun. Mr.. Lawler denied that the memoir
andum had been prepared with the as
sistance of anybody and said that he had
merely read it over to Sec. Ballinger and
others in his office after it mad been fin
ished in order to make certain that every,
statement contained therein was abso-
lutely correct.
Attorney Vertrees indicated that he
might want to question Mr.. Lawler fur
ther when the committee meets Thursday.
as the witness still was under exami-
nation when the hearing adjourned