The sun., 1910-05-16


The answers and exhibits. 20 that Al M
naxt conference ! was advised Of the con
tends Of the entire record and had mad'
uD my mind that there was nothing in tn
chnrFes upon which Mr. Ballinger OF th'
others accused could b. found guilty O
either ucompetcnCy. ineitlciency. dis
loyalty To the interests OF the Governnenl
or dishonesty
In the dtsCussiona Of the second evening
Mr Lawler. Who was present az my sug
Eestion. discussed the evidence al some
lenKth I aid 20 Mr.. laWlrr that ! va.
very ana .ous 10 write q full statement o.
the cass and set out tho reasons for my
decision, but that the time for my de-
nareure 0n a long Western trip. OCcupyinl
tee months. wa- just one week from thai
day: that had some siX or seven sci
speeches 10 deliver at the beginning o
that iourqey and that could not give th'
tune 10 the preparation Of such a detaileC
statement and opinion a. I would like q
render IN the matter therefore requestec
Mr.. Lawler 20 prepare an opinion as Il h
we're President
During the sth, 9th and 10th gave such
eohSideration 10 tho Claws record a. wal
consistent with previous en- gagements
but paid no attention 10 the speeches
On the 9th I teegraphet the Attorney.
General to come 10 Beverly In order that
] might consult with him In respect 10 thI
case. Ne arrived there saturday aft ernOon
September ~. and pursuant to an appoint
ment made by telephone he came 10 my
house early on Sunday morning. SeptembeT
"a He then delivered to me the draft opinion
prepared By Mr.. Lawler and said that h,
had had an opportunity on coming from
View York to read the answers Of Mr.. Bal
hngar and others. then said to him that
had made up my mind a. TO my cOnclu
stuns and bad drafted part Of my opinion.
6ul that ! wished him 10 examine the full
rooord and bring me his conclusions before
I stated mine. he took the whole RECORD
away
puring the day I eKaminsi the draft
oplnion of Mr.. Lawler. but lie thirty page,
did rot state the case Ia the way In which
wi1hed u stated II contained references
to the evidence which we're useful oul
ila criticism Of Mr. PinchOt aud Mr. CLAW,
did DOT think u proper or wise 20 adopt
I only used . few paragraphs from Il con.
tanning merely general statements
The Attorney General returned IN tn
evening With notes Of the examination h,
had made and reported TO me the con
cluWions which he had reached. which wert
n. substantial accord with my own. ",
rhQ1 discussed the matter az some length
pafticularly some points Of law which wer,
involved. and took NJ the opinion whiCt
I had nnished and made a number Of altera
etona, and as the result Of the discussion
] determined tho final form which / en-
uloyed and signed the same on Monday
oarfembar ~
The conclusions which I reached Wer,
hated upon my reading Of the record am
we're fortified by the oral analysis Of IN,
avidence and the conclusions which IN,
Aftorney<1Oneral save me. using the note
Which be had made during hts reading q
tho record. ] was very sorry not 70 be abl,
20 embody and analyzs them in nv opinion
but tine did not permit. therefoT'
directed him To embody In a written state
ment such Analvsis and cOnclusions a. n,
had given me. fle q With the record abS
date Il prior N the date ~ my opinion. >,
as 70 show that nv dcceion was fortineS
By hB summary ~ the evidence and M
conclusions thsrefrom Sincerely yours
WILLIAM n. TAR.
stsnographer Eerhy did soms more
talking to-day He had this 70 say in
N.AAAHAAE " NNNN NNAAN~AlANANN AtHAASNA ~ NIlH
White House Yesterday m regard 10 his
charges
7 have nothing more to add N or
take from NV original statement n
vas my express intention not 70 say that
Lawler dictated the Presidents letter
~ September l3 lfdid specifically say
hat the draft was prepared Tor rpyisiOn-
u vas typewrittpn triple spaced II 4
only tust N myself 70 say that che White
Hotise statement denies the thing which
J did not charge. I cannot 90 over the
subject again IN detail except before the
proper committee or authorities
Kerby said to-day that Attorney
hrandeis. who has represented Louis r
Claws before the Congressional investi-
eating committee. has known for several
months that Assistant Attorney General
LAwler prepared memorandum IN the
form cf a letter from President Taft 20
Gedretary RAllinger ~ he used a. the
basis Of Mr. Taft = letter of eN1neration
II is apparent now that Brandeiss many
calls fer all documents and papers In the
case were merely part oi a cleyerly laid
Plan 70 make stock out n the failure ~
TIE AhmInistratlon 20 produce this Lawler
msmorsndm
Mr. Brandeis had the Congressional
investigating committee call upon At
tnrney-General Wickersham for al papers
and documents IN his possession or that
had been received by him IN connection
With the case. and a similar call was made
upon Secretary Ballnger and tho Depart
ment OF che Interior These calls failed
% produce any result until Yesterday.
when Attorney General Wickersham sayz
The Lawier memorandum was discovered
among papers in the Department Of
Justice Attorney Brandeis also has had
4 4 4. "a. - d..
vas not among the papers which Presi-
dent Taft sent N the senate m Response
- request for the documents and papers
that had figured before him IN the CLAWS
charges. Nr. Rrandeis intends 20 en-
phaeiEe before the investigating CON-
mittee this feature 81 the case
keTby said that he had intended 20
nopear a. a witness before the ConRres.
aicnal investigating COMMITTEES. but the
committees decisions had prevented him
from doing this.
Thus u came 10 the point .aid he
Sof whether or not should make a state
msnt about n. For a long time that
question has lain heavily on me For a
week have hardly slept, thinking about
N. ! fully appreciated the question Oi
ethics involved IN Wy making public facts
regarding the once work. Az the same
time could not help feeling my sense Of
duty regarding important facts which
evidently could become public only
EbrnalKh a voluntary act on my part
hfy final decision that Il was my duty
70 tell know will be misconstr,Ied nd
tIny ulOtives questioned. but feel have
doRe nght
Kerby said that Massey the other
HeenogTRpher who was engaged IN taking
dictagion OF the Iawler letter. had come
10 ana him about noon Yesterday
At II 80 the Department OF the In
terror said kerby. had heen informed
bv teiegraph % the prospect Of publica-
49,. "a 49, sHiN.trif .nd tka na.. -