The San Francisco call., 1910-05-15

That there was nothing 20 be ashamed
Of"
KIRBY ~ON VACATToN5
Ballinger said that Kerby had ''gone
on on a vacation" today NO" he
added in reply TO a question, 'fhe has
not been discharged" he said this with
a grim smile.
Kerby Is superintendent OF a Sunday
school and head Of boys brigade. He
was absent from his post all day, being,
il was said. at a picnic OF one OF these
organizations.
Attorney General Wickersham de-
clsred that IL was quite obvious that
LaWler did not prepare the letter
signed by President Taft
Compare the letter written by Law
Ter with that written by the presi-
dent" said Wickersham, 'eand you will
readily recognize the fact There Is
only one clause which. in a measure,
the president adopted
mo, it was not regarding the dis
missal OF Claws" he said in response
TO further questioning. What Lawler
prepared was what might be termed
suggested form OF letter which the
president could adopt II he saw ft
IA practice of everyday occurrence in
the executive departments Of the gov
ernment"
Wickersham said he preferred not
70 discuss the matter, as it would be
manifestly improper for him TO do so
before he had seen the president.
ROUGH NOTES AT FIRST
However, In his recent letter TO
Chairman Parker of the house commit
; tee on judiciary Wickersham said the
president had before him when he
acted on the charges documents and
. rough notes. He said that he had
sfterward compiled at the presidents
direction the summary which the reso-
luton OF Representative Harrison of
New York. II adopted. would direct him
10 furnish.
wickersham wrote Parker that the
resolution seemed to be an inquiry into
details OF intercourse between the at
torney general and the president, which
1t would be neither competent nor SEEM
ly for either house to attempt.
Wickersham said he had received
three requests for information bearing
on the subject IN his possession and
that he thought they had been COM
piled with to the full extent that pro-
prtety would admit He said that he,
nevertheless, instructed his private sec
retary TO, make another search of his
files. and today the LawIer letter was
found.
Wiokersham said the memorandum
had been entirely overlooked IN his pre-
-0LS CglLu41LlC6llOuS 10 the COmnlIIeG.
AS soon as it was found. Wickersham
said. he sent the letter to Senator Mel
son.
LEFT 1T WITH PRESIDENT
The attorney general said the Lawler
letter had been handed to him by Law
Ter September II and that he left it
with the president at Beverly the next
day.
Assistant Attorney General Lawler
said that as the matter involved his re-
iations with the president he could not
discuss 1t without the presidents per-
mission. Personally, he said, he was
perfectly willing to make a reply. but
he old not consider such an action
would be respectful to the president
unless he had obtained his consent
Assistant Secretary Of the Interior
Pierce and Don NJ Carr declined TO
comment on Kerby's statement
E. c. Binney, assistant to the secre-
tsry Of the interior, declared that
took part in any conference on the sub
Ject OF the Lawler memorandum was
& lie"
LETTERS ARE COMPARED
The draft prepared by Assistant At
torney General Lawler and the letter
actually written and made public by
President Taft are now matters of pub
lie record in the testimony of the in
vestigating committee.
President Taft's letter begins as fol-
lows:
On the 18th day OF August last
Mr.. L r. Claws. chief of filed divi-
sion Of the general land office, with
headquarters at Seattle. Wash,
called upon me here and submitted
statement or report relating to
the conduct Of the interior depart
ment. and particularly TO the action
Ace 80,
Pierce. Commissioner of the Cen
eral Land ONCE bennett and Chief
OF Field Service Schwartz IN ref
erence 10 the so called Cunningham
group Of coal land claims in
The first paragraph OF the Lawler
memorandum is substantially Identical
The seventh paragraph of the presi-
dents letter and the second of the
Ls,wler memorandum are those referred
TO by Attorney General Wickersham
as being alike. Both read as follows:
The great responsibility Of cabi-
net positions demands the selection
therefor of men of the highest
character and integrity. Possession
Of these qualities as well as an
ability and experience which espe-
ciallY fitted you TO direct the affairs
OF the department of the interior
warranted your appointment as
secretary. Duty to the country, TO
you and TO myself requires that
any sspersion upon the propriety
of your acts or those of Your sub
ordinates 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 letter
read:
And II not that it may be souarely
emphatically and publicly refuted. /"
Here the similarity ends.
The president in his letter speaks Of
the inference which CLAWS seeks to
draw TO Ballinger's discredit that while
he was commissioner of the land Office
he came into possession of facts con-
cerning the so called Cunningham
group Of coal land claims. which made
II improper for you TO use such facts
after your resignation in the course of
securing patents"
Lawler says:
Came into possession Of facts
which We're, after your resignation.
used to the detriment of the gov
eminent tn the course of private
employment by some of the parties
interested in said claims.
The president says another inference
Is that you have acted improperly
since you became secretary of the In
ror-fQr IN rofararro 70