The San Francisco call., 1910-05-15
TAFT SOFTENS
|. LAWLER'S NOTE
FOR BALLINGER
kerby Says President Used the
Thoughts, but Changed
the Phrases
Two Days Occupied and Six
Drafts Made Before Letter
Is Satisfactory

LETTER WAS OVERLOOKED
Accompanying the memorandum to
the Ballinger-Pinchot committee, Wick
ersnam sent to the committee the fol-
lowing letter:
beg to say that on receipt of your
ietter l caused a further careful search
TO De made In the files Of the depart
neht, and have found a paper which
transmit to you herewith and which is
either the original or copy of the
memorandum prepared by Mr. LAWYER [
nrst received either this or a copy Of
snls memorandum from Mr.. Lawler on
september IL, 1909.
To the best of my recollection, I
leIt the memorandum with other papers
at the presidents house In Beverly
on september II and received it in
New York about week later, together
with other documents and memorandum
relating to the CLAWS matter. Since
that time, to the best of my informa-
tion, 1T has been in the possession Of
my secretary, or among the papers in
this department, although it seems to
have been overlooked in collecting pa
pers in answer to your previous COM
munfcation."
Under crossexamination by Attorney
Brandeis this afternoon, Commissioner
bennett of the general land Office de-
MED that he had any part in the pre-
aration of the Lawler memorandum or
any knowledge of it,
There was published here this after
noon what purports to be a statement
of Frederick M. Kerby, a stenographer
in the Office of Richard A. Ballinger,
secretary of the interior, that he and
other stenographers in the interior de-
partment wrote from dictation of Oscar
Lawler, assistant attorney general for
the interior department letter which
he alleges to have been substantially
the foundation for President Taft's let
ter generating Secretary Ballinger
from the charges of CLAWS.
The statement attributed to Kerby
says In part that after the visit of Sec
retary Ballinger and Lawler to the
presidents summer residence at Bever-
ly. Mass, in the week beginning Sep
tember s. Lawler returned to Washing
ton "and took up his quarters in Bal
fingers private office, calling in Massey
and me for dictation.'
Kerby says that what Lawler die
tated referred to Ballinger as you in
each case, and that the personal pro-
noun "I' was used throughout.
From the context the "I' could be no
other than Taft himself.
There could be no question: says
the Kerby statement, that Lawler
was drafting a letter for Taft's sigma
ture, revising the CLAWS charges and
exonerating the secretary. 1t was writ
ten in such form that Taft might have
adopted 1t bodily.
HALF DOZEN DRAFTS
"As I have said, the letter was die
tated in Ballinger's private office by
Lawler. Probably half a dozen drafts
were made before the final one was ac-
cepted. Each time a fresh draft was
completed 1t would be taken in to Law
Ter, who would revise it. For two days
Massey and did nothing but help rush
this work. Lawler frequently con-
suited e. c. Finney, assistant to Bal
linger.'
The statement goes on to say that
the draft was the subject of several
conferences, "in which participated"
the statement says, "Ballinger, Lawler.
Finney. Commissioner Fred bennett of
the land office, Chief of the Field Serv-
ice Schwarz and, think, First Assist
ant Secretary Frank Pierce and Private
Secretary Carr"
Kerby is quoted as saying:
Without attempting to force my own
conclusions upon any reader of this
statement. 1 want it to be remembered
that it was the draft of the letter ex-
onerating Ballinger in the charges Gla-
Wis has made against him."
WORK WAS IMPORTANT
Early in the work Lawler had given
Massey and myself instructions that
all rough draft copies discarded in the
composition of the final drafts were to
be retained by u.s.
I'VE all understood from the form of
the letter that it was to be the basis
Of Tafts letter covering the CLAWS
charges. 1t was understood
by us that this work was of especial
Importance"
The general arrangements of facts,
the order in which they come in the
presidents letter, are practically identi-
cal with the arrangements of facts in
the final Lawler draft or so called
memorandum.
Kerby Is quoted as saying in conclu-
sion
Certain portions of the Taft letter
| can identify as being in substance the
thoughts of Lawler. For instance
there is the following passage in the
Taft letter, which certainly embodies
LAWYERS thought:
""The general responsibility of cabi-
net positions demands the selection of
men of the highest character and in
tegrity. Possession of these qualities
as well as ability and experience
which especially fitted you to direct
the affairs of the department of the In
terror. warranted your appointment as
secretary.
| SOFTENED BY TAFT
In general Taft softens LAWYERS
draft and doubtless changed the word
ing, in which he substituted for certain
Lawler phrases phrases of his own,
meaning the same thing
When the news of Kerby's sensa-
tional statement reached the interior
department an emissary was sent by
dnraa y-t,,,ok 10 orb 10
duty, to ascertain the verify of the re-
port. He admitted the story was true
and that he had issued such state
|, ment.
kerby reported at the department
for duty this morning and obtained
permission from Private Secretary Carr
to be off duty today and Monday.
When Carr was seen this afternoon
he said he had nothing to say at the
present time, but later, after he had