Omaha daily bee., 1910-05-18
Says Thomson was Slated by Bal.
linger as Reclamation Head,
TAFT's STATEMENT IN RECORD
Chairman Nelson Presents it to Fed.
eral Inquiry Committee.
FIRST DUTY TO HIS COUNTRY
This, Declares kerby, Compelled Him
10 Give Facts which, He Says,
Chief Clerk Failed
TO Do.


WASHINGTON May l7,-Frederick NJ
Kerby, whom Secretary Bsllnger dis
charged yesterday for publishing confiden.
tlal information of the department on the
department on the stand today before the
Balnnger-P Pnchot Investigating committee
undertook to justify his action as the full
fillment OF a public duty outweighing the
loyalty he owed to Mr., Balinger.
Kerby calmly underwent the ordeal TO
which the republican members OF the com
mlttee subjected him. lie insisted there
was no improprlcty In what he had done
declaring that II Secretary Ballinger had
responded to the call of Mr.. Brandeis for
the "Lawler memorandum" it would have
been unnecessary for him to have taken
the course he did to get the information
before the committee.
Kerby said his former chief eN-Secretary
Garfield had told him at clifford Pinchots
home in this city last February that 1t
was his duty to tell the facts IL he was
called on to do so. 1t was on that oc-
casion, he said that he had first told
Garfield and Pinchot of the memorandum
! in the presence Of Attorney Brandeis to
whom he had later mentioned that he knew
| it to be Mr. Ballinger's purpose to sup
| plant Director Newell of the reclama-
| Seattle.
Kcrby read letters OF Secretary Ballnger
to r. H. Thompson, city engineer of Seat
tie, suggesting that he accompany George
w. Perkins of J. z, Morgan & Co., to
inspect Alaskan mineral lands.
! When the first call for the memoran-
dunn came to the department, Kerby said,
Stenographer Massey, who also assisted
! Assistant Attorney General Lawier in pre-
pairing his memorandum for the president
said to Private Secretary Carr:
You know what that means, don't you?"
Carr's reply according to Kerby, was:
Yes, but they'll have a hard time get
ting it,
The name Of Hugh A, Brown, private
secretary to Director OF the Census Dur
rand, who formerly served secretary Gar
field in the same capacity was brought
into the inquiry today. Kerby said he had
mentioned to Brown soon after the publi-
cation of the presidents letter exonerating
Ballinger and dismisslng CLAWS tnat: I'VE
practically wrote 1t in the secretary's Of
flee" He said he told Brown in confidence,
but the latter mentioned it to Garfield.
Kerby declined to agree with Senator
Sutherland that he was cautious pa
triot' in making sure o. a wv job be-
fore he risked losing his me.
Senator Root was pa.,.cu.ally bitter in
his questions to the wrtness.
do you think It was reputable transac-
ton" he demanded TO so to persons un-
friendly to your suplr.yr, with confiden-
tibl information Of hIs department."
II did not under the circumstances" re-
piled Kerby. The country had the right
to any facts that my superior had before
him."
LnwIer ON stand.
The defense in the Ballinger-Pinchot in
vestigation placed Assistant Attorney Cen
eral Lawler on the stand late this after
noon. MI Lawler said that the rough
notes OF the memorandum were burned BY
his orders because he was confident that
he had been "gumshoed" for months and
he was afraid some one in the department
would be corrupted as "Kerby has been
corrupted"
There was kissing in the audience when
Lawler said Garfield and Plnchot were be-
hind the "corIupters'
Mr.. Lawler criticised as an absolute and
Imnequivocal fasehood the statement thai
in the preparation Of his memorandum Tor
the president that he had consulted u
single person under heaven"
Taft Letter in Evidence.
President Taft's explanation of the cir
cumstances under which his letter exon
Grating Secretary Ballinger from the CLAWS
charges and dismssing T.. r. CLAWS was
prepared and was presented by Chairman
Nelson to the Ballinger- Pinchot ,investlga-
ting committee when the hearing was re-
sumed today. 1t win be printed as a
part Of the rlcord of the committee,
Mr.. Brandeis. counsel for CLAWS, has laid
great emphasis on the presidents letter OF
exoneraton and dismissal, contendlng that
/, the memorandum on which 1t was based
was prepared In Secretary Balllngers de-
partment by Assistant Attorney General
2 Lawler. The president In a letter which he
2 addressed to Senator Nelson last Sunday
t says ne had the Lawler memorandum be-
) fore him when he prepared his communca-
tion but that he also mad notes and mem
oranda given him by the attorney general,
2 who had agreed with the president in the
conclusion he had reached in the matter.
= While Commissioner bennett OF the gem
eral land office was under cross-examlna-
ton last Saturday Mr.. Brandes indicated
that he intended 10 raise the question why
the Lawer memorandum had not been fur
nished, together with the other papers bear
ing on the case, which tn5 president had
sent to the committee. A carbon copy OF
the Lawler memorandum was furnished the
committee By Attorney General Wicker
sham concdent with the publication OF the
statement OF Frederick NJ. Kerby then a
stenographer in Mr. Ballnger's office, that
he had assisted Mr.. Lawler in preparing the
/ document and that II was similar In many
. respects 20 the presidents letter. Mr.
Wickersham sent an explanatory letter to
the effect that the document had been over
looked IN previous searches OF the depart
ment flies. 1t Is expected that Mr. Bran
dels will endeavor 70 locate the original
p memorandum.
Kerby IL First witness.
Frederick M Kerby formerly a stenog-
rapher in Mr. Balllngers office, who was
dismissed yesterday on the ground that he