The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1910-05-16
Letter ExonoTating Ba|fngei
Written ByLaW|er ByPres-
ident'S Direction
SEQUENCE OF EVENTS
SET FORTH IN Detail
BaIIinger or Others Accused and
Charges Sustained-Lcttcr
to Senator Nelson

Washington May 15-President Taft in
person tonight took hand in the situa-
tion which has arisen concerning the in
side history of his letter of September
10, generating Secretary Ballinger from
the charges of Special Agent L. r
CLAWS, and authorizing the dismissal o.
| CLAWS.
Over his own signature he addressed
a long letter to Senator Nelson, chairman
OF the Ballinger- -Pinchot investigating
| committee, setting forth in minute detail.
the sequence of events following his re
ceipt at Beverly on August IS last Of
the charges of CLAWS.
| The President makes no direct mention
of the statement of Frederick M. Kerby,
the young stenographer in Secretary Bal
llnger's office. published yesterday. in
which the stenographer declared that the
Presidents letter of exoneration was pre-
pared in Ballinger's office by oscar Law
Ter. assistant attorney general for the
Interior department. Tonights utterance
of Mr.. Taft was, however. obviously pro-
voked by Kerby's statement
| Mr.. Taft declares not only that Lawler
die prepare such a letter as Kerby said
| he did, but that he did so by the Presi-
dents specific direction. When he re-
ceived it he found he says, that it was
not what he wanted to issue and he wrote
the letter himself in the form in which
he desired it, using from LAWYERS draft
only one or two general statements.
The President goes still further and
| taIxa tla pf 10 plx- Ia r..
irg' of Attorney General wickershams
summary of the CLAWS charges, to which
Attorney Brandeis has drawn attention.
Mr.zTaft says that the Attorney Cen
i erals letter was In fact "back-oated.'
ard that this also was done by his spe-
cific direction.
Following is the full text of Mr. Taft's
letter:
| President Taft's Letter
| my Dear Senator Nelson: In the hear
| irgs of the committee to investigate the
interior department and forestry service.
reference has been made to my decision
upon the complaint and charges of l.. r.
/ CLAWS, filed with me on the 18th of Au-
gust against Secretary Ballnger and GER
tain other officials of the interior depart
ment. The majority of the committee
| have decided that my action in this re-
| gard was not within the jurisdiction of
the committee to investigate. In spite of
this ruling, references to the matter have
crept into the record. For this, lson.
1 deem it proper to write you and state
with such accuracy as my memory per-
mits what the facts are.
CLAWS statement and charges were left
with me by him on August Is. 1909. |
| turned them over to the Attorney Cen
eral, who happened to be in the neighbor-
| hood, and he made notes upon his read
ing. We both had personal knowledge
in respect to Secretary Ballinger's atti-
tude toward the coal claims, which was
the chief subject of innuendo and COM
plant for Mr. Ballinger had very early
IN the administration consulted us both
| in regard to them.
| within two or three days of the filing
of the charges in a meeting at which
| the Secretary of the Treasury the At
| torney General and Secretary of the Navy
were present, full discussion OF the
CLAWS charges was held. Tt resulted in
the general decision that jealousy between
| the bureaus of forestry and land office
| probably explained the matter, but nti-
nations of bad faith by CLAWS against
Mr.. Ballnger and the others required
| that the statement be submitted to them
for answer. Accordingly. copies of the
| statement were sent to Secretary Ballin-
ger, to Assistant Secretary Pierce, to
| Commissioner bennett and to Chief of
Field Service Schwartz.
Ballinger Goes to Washington
Mr.. Ballinger was at Seattle. but upon
| receipt of the charges he came to WASH
| ington to prepare his answer. On Monday.
| September s, Mr. Ballinger reached Bev-
erly. accompanied by Mr.. Lawler. the
assistant attorney general of the depart
nent OF justice, assigned to the interior
department. Mr.. Ballinger sent to my
house on that day the answers Of the
various persons concerned, together with
a voluminous record of exhibits.
II had a conference with him the even
| Ing he came September g. and then on
| the following evening, September 7,
| talked over the charges with Mr. Bal
lnger. The first evening / asked such
questions as suggested themselves, with
out intimating any conclusion, and said
| that ] would examine the answers and
| the record and would see him the next
day ] sat up until o'clock that night
| reading the answers and exhibits 30 that
at my next conference I was advised OF
| the contents OF the entire record and had
made up my mind that there was moth
| Ing In the charges upon which Mr.. Bal
| lnger or the others accused could be
| found guilty of either incompetency, inef.
| flciency, disloyalty to the interests of the
| government, or dishonesty.
| "In the discussions Of the second even
| ing Mr.. Lawler who was present q my
| suggestion discussed the evidencl at
| some length. l said to Mr.. Lawler that
| I was very anxious to write a full state
| nent of the case and set out the reasons
| for my decision. but that the time for my
| departure on a long western trip occupy
| ing two months was Just one week from
that day; that had some six or seven set
| speeches to deliver at the beginning of
| that journey. and that l could not give
the time to the preparation of such de-
| tailed statement and opinion as / would
like to render in the matter therefore
requested Mr.. Lawler to prepare an opin-
ion as II he were President.
| = Consideration of tIavis' Record
During the Sth. 9th and 10th | gave