New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1910-05-15

own investigation OF the record ana con-
sideretion of the document ana papers
in his possession at the time, and upon
the report to him OF the Attorney Cen
eNRl.
| Frederick NJ Kerby admitted this even
ing. that he had recently been in CONSUL
tation with former Secretary Garfield re-
garding the ACCESSIBILITY of making public
the information he had gained in his
confidential relations with Secretary Bal
finger and Assistant Attorney General
Ilawier He would not say that Mr. Gar
field had advised him to make his knowl-
/ edge public, but said he had done SO
from sense of public duty"
Asked if any reward had been offered
to him for so doing. he said he had been
| promised a job" as, of course, he real
ICED that he would lose his position in the
Interior Department.
kerby's Statement.
Kerby's statement says that the draft
was the subject of several conferences,
in which participated, the statement
says, "Bailinger, LAWYER, Finney, Com
missioner Frederick bennett, Of the
Land Office; Chief of the Field Service
Schwartz, and / think, First Assistant
Secretary Frank Pierce, and Private
Secretary Carr.
Without attempting 70 force my own
conclusions upon any reader OF TINS
statement, want il f. be remembered
| that 1t was the daft of the letter
generating Ballinger in the charges
4 - f,.r
The statement says further: early IN
the work LAWYER had given Massey (an-
other stenographer) and myself fnstruc-
tions that ali rough draft copies dis
carded in the composition Of the final
drafts were to be retained by US.
1.-THE general arrangement OF facts. the
order in which they come in the Presi-
dents letter. is practically identical with
the arrangement of facts in the final
| LAWYER draft or so-ealled memorandum
Certain portions Of the Taft letter L
can identify as being in substance the
| thoughts of LAWYER. For instance, there
! is the following passage in the TAFT let
ter. which certainly embodles LAWYER
thought: The general responsibility OIL
! Cabinet positions demands, the selection
therefore of men of the highest charac-
ter and integrity Possession of these
qualities as we'll as an ability and eX-
perience, which especially fitted you TO
direct the affairs of the Department of
the Interior, warranted your appoint
4 ment as Secretary
In general Taft softened LAWYER s
draft. and doubtless very materially
Changed the wording, in that he SUD-
stituted for certain LAWYER phrases
phrases of his own meaning the same
thing"
| Attorney General Wickershsm de-
clared that it was quite obvious that
LAWYER did not prepare the letter signed
by President Taft.
Compare the letter written by Mr.
LAWYER with that written by the Presi-
dent" said Mr. Wickersham, land you
will readily recognize the fact. There IS
only one clause which. in measure. the
President adopted.
No it was not that regarding the dis
missaI of Claws" he said in response to
further questioning. What Mr.. Law
Ter prepared was what might be termed
a suggested form of letter which the
President could adopt if he saw fla
practice of everyday occurrence In the
executive departments of the govern
ment."
| AIR. Wickersham said he Preferred not
to discuss the matter, as it would be
manifestly improper for him to do SO
before he had seen the President.
Assistant Attorney General Lawler
said that as the matter involved his
relations with the President he could
not discuss il without the Presidents
permission. Personally, he said, he was
perfectly willing TO make a reply. but
he did not consider such an action would
be RESPECTFUL to the President unless he
had obtained the Presidents consent.
Assistant Secretary Pierce and Don NJ
Carr, private secretary to Mr.. Ballinger,
declined to make any comment on
Kerby's statement.
AGGRESSIVE Witness Let Go.
/ IL was expected that to-day's sessions
of the commission would be among the
most interesting that have been held.
| In his direct examination yesterday H.
H. Schwartz. chief of the Field Service
of the General Land Office, showed him
self one of the best witnesses VINO has
| testified He was immediately in charge
| of the proceedings relating TO the Alaska
coal claims, and had more to do with
directing the Cunningham Investigations
than any other administrative officer OF
the Interior Department Moreover, he
! fatty contra dicted CLAWS on many es-
sential points.
In addition TO possessing familiarity
withs coal land Investigations Schwartz
proved himself 10 be an aggressive wit
ness His answers were definite and
! quick and the committee was very ia
voIably impressed with his testimony.
Ii was thought the clashes between him
AMI MI Brandeis would be sharp and
frequent. inasmuch as SchwartZ's posi-
tive snd clear cut statements completely
undermined the CLAWS charges.
The direct examination o. Mr.. Schwartz
was finished after tbs committee met,
and Judge Vertrees announced that Mr..
/ BIandeis might cross examine. The
committee was at attention. Mr. Bran
! deis asked one question having 10 bear
! ing on the CLAWS charges. and then an
nounced he did not care 10 cross exam
ine Mr.. Schwartz. There was a general
4