Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1910-05-17
TAFT EXPLANATION
GOES IN RECORDS
PRESIDENTS LETTER ON LAW
LER MEMORANDUM BEFORE
RALLlNeER COMMITTEE
WILL BE PRINTED AS PART
OF RECORD OF HEARING

Frederick M. kerby, Discharged Stem
osraphsr Who Revealed tho LawIer
Incident, Called to Testify Before
Senatorial Committee General
News. /.
Washington, May 17.-President
Taft's explanation Of the circum-
stances under which this letter exoner-
nting Ballinger from the CLAWS charg-
es and dismissing CLAWS was prepared,
and presented by Chairman Nelson to
the Ballinger-Pinchot Investigating
committee when the hearing was re-
sumed today. 1t will be printed as a
part Of the committees record.
Attorney Brandeis, counsel for Claw
Is. has laid great emphasis upon the
presidents letter. contending that the
memorandum upon which it was based
was prepared in Ballinger's depart
ment by Assistant Attorney General
Lawler. The president in the letter
which he addressed to Senator Nelson
Sunday says he had the Lawler MEM
orandum before him when he prepared
his communication, but that he also
had notes and memoranda given him
by the attorney general. who had
agreed with the president in the con-
clusion he had reached in the matter.
kerby Called as Witness.
Frederick NJ. Kerby, discharged
stenographer of the interior depart
mert, took the witness stand today in
the Ballinger-Pinchot hearing.
Chairman Nelson laid before the
committee the presidents letter to him
concerning Tafts letter dismissing
CLAWS and generating Ballinger. At
torney Brandeis thought Kerby's state
ment and the presidents denial should
20 into the record. Nelson said no
statement by Kerby was before the
committee, whereupon Brandeis said
Kerby was present and was willing to
testify. Kerby then took the stand. He
said he first spoke of LAWYERS prepara-
ton of the memorandum last February
to the private secretary of former Sec
retary Garfield and later to Garfield at
P;nchot,s home, and in the presence OF
Brandeis. Kerby said Garfield told
MIN ne. .Ul0 AOI "NAAS ~ StAAoA19S - =
(Kerby's) position and would not call
him as a witness unless it was neces-
sary.
Promised Another Job.
Kerby admitted that he also told the
story to a Cleveland newspaper man a
week ago Sunday. He also said he told
Brandeis of Ballinger's intention to re-
move Director Newell, of the reclama-
n;,,t NJ
Thompson, of Seattle, in his stead.
Kerby admitted that Ballinger had
always treated him WELL but he did not
think there was any improperly in
what he did in making public this con-
fidential matter Kerby said Wilson,
the Cleveland newspaper man, assured
him he would be given a position on
the newspaper If he lost his situation
in the Interior department because Of
giving out the information. Kerby at
great length detailed the circum stances
which led him to make public his state
ment. He told Of visits to him by vari-
Gus newspaper men. He said he had
many conferences with them, and said
II he had not been assured Of a posi-
ton he would not have adopted the
course he did.
uuNO o0bbbu9ST @IS0s
Kerby said he had read Ballinger's
testimony that he knew nothing of the
Lawler memorandum and other state
ments, which he (Kerby) did not be-
lieve were true. Kerby said he then de-
cided to make the matter public. He
sssd he saw the Lawler memoranda
on the desk Of Private Secretarv Carr
in the interior department. Witness
said he knew Ballinger read at least
portions of the Lawler memorandum
and he did not think Ballinger had any
right to read memorandum prepared
for the president. He openly admitted
that he had permitted the photogra-
Many Knew tho Story.
When the first call for the memoran-
dunn came to the department, Kerby
said, Stenographer Massey, who also
assisted Assistant Attorney General
Lawler in preparing his memorandum
for the president, said to Private Sec
retary Carr: you know what this
means, don't you?" Carr's reply, ac-
cording toKerby. was: Eyes. but they'll
have hard time getting it.
The name Of Hugh A. Brown, private
secretary to Director of the Census Du-
rdnu, WHO formerly served secretary
Garfield in the same capacity, was
brought into the inquiry today. Kerby
said he had mentioned to Brown soon
after the publication of the presidents
letter generating Ballinger and dis
missing CLAWS, that I'VE practically
wrote it in the secretary's office" He
said he told Brown in confidence, but
the latter mentioned it to Garfield
do you think 1t was a reputable
transaction" Senator Root demanded,
''to go to- persons unfriendly to your
superior with confidential information
OF his DEPARTMENT.
II did under the circumstances" re-
piled Kerbey. The country had a
right to any facts my superior had be-
fore him.
In League With Morgan 4 Co.
At this afternoon session Kerby read
before the committee the letters of Sec
retary Ballinger to r. II. Thomson, city
engineer Of Seattle, suggesting that he
accompany George w. Perkins, OF J. p.
Morgan & Co, to inspect Alaskan min
eral lands. Kerby said he believed
Thomson was slated by Ballinger to
become the >headof the reclamation SER
,=s:e 1erbys pointed out alleged mis-.