The sun., 1910-05-13
GLGVlS REPORT PRT-DGTTD
WICkERSHAH TELLS WHY ne
DID ~.


Date-LawieF RsBsrt Also Held Out
WASHINGTON. May I2.-In letter ad
dressed 10 Chairman Parker Of the Hous'
judiciary Committee. a copy oG which Wa
read 10 the Ballinger-Pinchot investiga'
ton COMMITTEES by Secretary Ballinger
Attorney General George ". Wickersharn
admitted that his resume Of the evidencs
On the CLAWS case was pre-dated. a. was
charged by Louis d. Brandeis, attorney
for l.. r. CLAWS. The Attorney General
explained however that Il was dated back
To conform 90 the date when he had sub
mitted an oral opinion ON the question
% Presidont Taft.
The summary was necessarily made
up afterward.- said Mr.. WickershGm,
IN closing HE letter 10 Mr. Parker, -and
properly bore the date Of the day when
the matter Il contained was presented 10
ami considered by the President.
There IL no mystery about the matter
and nothing which may not be freely
stated. but due regard for the oonstitu-
tional authority of the Executive forbids
that the action of tho President and his
adviser should be called in question by a
coordinate branch Of the Government In
this way
Attorney General Wickersham wrote
this letter 20 Mr.. Parker in response TO q
letter inquiring as to the propriety Of the
resolution introduced by Representative
Francis Burton Harrison Of New YORK
calling on tho Attorney General % sub
init 20 the House documentary evidence
which would establish definitely the date
Of the Attorney Generals summary Of the
CLAWS case.
Attorney Brandeis made repeated
efforts 10 have the investigating COM
mittes call for these documents. but his
requests we're turned down. Mr.. Harri-
son than offered his resolution. Il was
expected that it would be passed by a
combination Of Democrats and Republi-
can insurgents.
Mr.. Wickersham's explanation OF the
pre-dating Of his resume is practically
Identical with the suggestion made 70
the Investigation committee by Repre-
sentative Madison of Kansas. who voted
with the Democratic members 10 grant
Mr.. Brandeiss request calling on the
Attorney General for the documents.
Mr. Madison said 10 the COMMITTEES that
he thought perfect frankness should he
the spirit In which the question should be
met and that IL IL were true that the
Attorney General had submitted an
opinion. partly oral and partly written.
and had later put IL all in writing and
dated il of the date on which he had sub
mitted the oral opinion. there was no
improperly IN the action and there
should be no hesitancy IN avowing it.
Mr.. Wickersham's synopsis Of he case
Tears da;o Of September n. His letter
20 Mr. Parker conveys the impression
that he considered the CLAWS case with
the President on that date and later made
his resume conform 20 thar date. Mr..
Bran deis % b. Understood. - prepared
20 prove thai Mr. WickeTsham was in
New York On september n and did not
soc the Pre-. idnnf until sunday. Septem-
her ". al Beverly The President =
leiter exonera ing Blllinger and con
delnning Claws was dafed September %.
At tbs lime Mr. WiCkersham's letter
vas hrouEh; before the committee the
statement of Oscar lawler Assistant
Attorney General Tor the Interior De-
paF1ment. that his memorandum on the
Claws case had been submitted and pre-
pared al the request Of President Taft
and delivered to Mr. Nlckersham was
under discussion.
Mr. Brandeis called attention 20 the
fact that the committee had called on
Mr. Mickersham Tor all papers and docu-
uenfs relative % the CLAWS case re-
oeived by him prior 20 september 20 and
Mr Wickersham had replied specifically
that all the papers and documents he had
had were Included In senate document
7ts Mr. Bundeis added that the LawleT
memorandum was not therein included
i.ater IN the day Mr. Brandeis was
notified by Chairman Nelson that " he
would submit o written request that Mr..
Mickershan be- called upon 20 produce
the l.awleT brief the committee would
make the call Mr.. Brandeis complied
with the suggestion and apparently n
determined 10 lay all possible stress. IN
pressing his 6ght on Secretary Ballinger.
on the iacts that Mr.. Mickersham's re-
port was predtted and that Mr.. LAwier
prepared a brief which was used either
by the President or by Mr. Wickersham
and then withheld from the senate and
from the oommi.tee when calls were made
foF all the documents and papers In the
case.
Two members of the Cabinet. Secretary
Of War Dickinson and Secretary of the
Treasury MacVeagh. were among the
spectators at the hearing to-day. They
are the first of Mr.. Ballinger's ministerial
associates 20 he present at the inquiry.
Capt Butt the Presidents military aid,
also made his appearance to-day. but he
merely looked in and did not hnger.
Early In tO-dAy's hearing NJ Brandeis
referred % the testimony Of Henry NJ /.
HOyt. former Attorney General for Porto I
Rico. that HOyt had called on Attorney |
General WiCkersham az the instance /
of CLAWS relative % the Alaska coal I
expression this man Hoyt
why do you Use the expression. this /
man Hoyt, In referring n Mr. Hoyt?'
asked Mr Brandeis
because ! don't believe Mr. Hoyt had
any grounds for making the statement /
he made about he interyieW with tho
Attorney General. replied Mr BallinRer
Alr Brandeis and Representative James
promptly tDOk up Mr. Balhnger's impu-
nti0n that Mr Hoyt had been guilty
0i perjury and Mr. Brnndeis notified /
the committee that he wanted Attorney
General Wickcrsham called a. witness
Mr. Ballinger then modified his state
ment. saving that while he had no means
~ knowing just what was done at Mr..
HOyt's interview with the Attorney
General he felt that Mr. H0yts state
ment relative ~ u must have been an I.
exaggerated one The committee did \
not pass on the question u summOning
AE. Wiokersham, but chairman Nelson
said privately that he had no doubt Mr..
brandeiss request would be granted
Oscar Llwlsr Assistant AttOrney-G Gen
kral for the Interior Department. informed
Nfp gurT miffisa fl-dQV that he had raf.InaA