Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1910-05-17
Editorial Comment.
The Ethics of Mr.. kerby.
(BoStOn Herald.)

(Boston Herald)
No one can doubt Mr.. Kerby's good
intentions. He tells us, in an inter-
view, that from the start this ques-
ton (his relation to and duty concern
ing the CLAWS case) has been one of
the most serious from an ethical and
moral standpoint" What he should
do in the matter, he confesses, was a
cause of worry for him for months, but
finally he came to believe-by what
processes is untold-that he was
conscience bound to make the manner
in which the Presidents letter was
written public" Thereupon, recalling
work which he performed some months
ago as stenographer under dctation
for Asst. Atty. Gen. Lawler, he makes
the definite statement that lit was the
draft of the letter generating Bal
linger in the charges CLAWS had made
against him." In less direct language
he charges the President with sub
stantial Justification in his letter to
Secretary Ballinger, which was official
ly made public as the personal con-
illusions of the President, and in a
subsequent interview explaining his
statement he charges directly that "a
deception was being practiced on the
country in an attempt to show that
the letter was written by the Presi-
dent"
fact in the case is that Mr.. Kerry
and another stenOgrapher did take
dictation of a letter from Mr.. Lawler,
prepared after the CLAWS charges had
been made public and Mr.. Lawler and
Secretary Ballinger had been in con-
ference with the President in Beverly
1t was written in such form. as Mr.
Kerby truly says. that the President
might have adopted it bodily But the
facts also are that the President did
not adopt it bodily; that he used but
one or two unimportant paragraphs;
that whereas the LaWler letter con-
tanned 5000 words, the Presidents let
ter contains but $500: that while the
LAWYER letter deals wholly with the
CLAWS charges. the Presidents letter
introduces other subjects in nearly
half of the document. Surely Mr. Ker-
hv's memory must have been sufti-
GENTLY good to have enabled him to de-
tect these differences and to have en-
abled him to qualify his statement
that "it was the draft of the letter of
generation on which he worked. He
did recall that the President ''materi-
ally changed the wording" He knew
also that he and another stenographer
had worked overtime previous to the
visit of Secretary Ballinger to Beverly
preparing documentary proof and rec
ords to be shown to the President,
which were the substance of the Bal
linger defence and which were en-
bodied in the letter on which he work
ed after the secretary's return to
Washington.
Had Mr.. Kerby contented himself
with a statement of facts to the extent
OF his own knowledge, he might have
been within his call of duty in making
such facts public. But when he added
to these meagre and non-cOnclusive
facts, his differences, suspicious and as
sumptions, he put III practice a code of
ethics which, although unfortunately
characteristic of the Glavis-Pincho
case and of it's appeal to public opinion
and in the hands of skilful lawyer
sometimes winning verdicts by preju-
dice, where proof is lacking. is not con-
sistent with the law of evidence and the
PRINCIPLES of Justice. President Tafts
admuistra tion-even Secretary Balm
GERS entitled to a trial on facts. not
on differences and suspicious. 1t has not
been shown that the policy of conserva-
ton has been abandoned. that the rights
of the public have been forfeited or that
private interests have corrupted the pub
lie service. These are the, essential
things They were the essentials or the
CLAWS charges. And the desperate at
tempt to magnify the immaterial into
the material, to convict the Admlnistrit-
tior on circumstantial evidence and the
differences to be drawn from it. is con-
fessior of failure of the case in chlei