New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1910-05-15
PRESIDENT DICTATED
BALL|NGER LETTER
eiatpnlent That Note Exonerat.
inu Secretary Was Written
by Another Denied.
MADE PERSONAL INQUIRY
Turther Testimony at Investiga
tion That Secretary Ballinger
Knew Nothing of Cum
ningham Listing.
From The Tribune Bureau.l

From The Tribune Bureau
washington. May 1.-THE Ballinger-
ps,osot controversy produced two SEN
r.,;ons here to-day First, Louis ID.
9-.n6eis. after hectoring and badgering
secretary Ballinger on cross-examina-
-, for thirty hours. most OF the time
:, subjects regarding which Judge Bal
finger knew nothing and Of which he
-ssriaed that the chief of special agents.
n,- Schwartz. knew everything, and
sstsr hearing Schwartz testify that ne
-rss solely responsible for the clearlist-
eng If the Cunningham claims and every
se-jon in connection Herewith, refused
- cross-examine Schwartz. Schwartz s
sirect evidence completely demolished
the entire case of Brandeis, and Bran
asis pernitted Schwartz's statements to
psss unchallenged.
Second. there was published in the
administration papers this after
Noon an affidavit of Frederick NJ. kerby,
6 srenographer III the office Of the Sec
rotary Of the Interior, declaring that As
sistant Attorney General LAWYER die
tsre5 10 him. in form for the President
70 sign. a statement, some parts Of
which were embodied in the President
letter Of generation. addressed to Sec
retary Ballinger on September Is, 1909.
The facts regarding the Lawler memo
randum are as follows:
Mr. LAWYER. Assistant Attorney Gen
eral for the Interior Department, ac-
ooTnpanied Secretary Ballinger to Bev-
erly last autumn, when Judge Ballinger
submitted to the President the replies Of
himself, Assistant Secretary Pierce,
Commissioner Dennett and the chief of
special agents, Mr.. Schwartz.
The President. who was already famil-
lar with the Claws charges submitted TO
him some time before. discussed these
charges with Messrs. Ballinger and Law
Ter throughout the evening of their ar
rival at Beverly The papers were left
with the President, who spent the next
dsy digesting them. and who. on the fol-
lowing evening, again discussed the
charges and the replies with Messrs.
Ballinger and LAWYER, asking them TO
make clear some points he had not mas
tered. although he then displayed a
notable familiarity with the case. That
evening Mr.. Taft Instructed Mr.. Lawler
70 return to Washington and prepare for
the signature OF the President a letter
Of generation along the lines the Presi-
dent then indicated. This MIR. LAWYER
did
Mr.. Taft Dictated Own Letter.
Meanwhile, copies of the Ballinger and
ether letters We're submitted to the At
toTney General. the President asking Mr..
Wickersham TO review the case and give
him the benefit of his opinion, but with
out indicating TO Mir. Wickersham the
Conclusions he (the PresidenD had
reached. On September IL Mr.. Lawler
handed 10 the Attorney General, who is
his superior, the draft he had prepared
for the signature of the President, and
Mr. Wickersham took it to Beverly,
along with the rough draft of his own
opinion
From the two President Taft dictated
lis letter generating Secretary Bal
Enger and his associates. made public on
September u In his letter the Presi-
cent used practically verbatim only
three hundred or four hundred words Of
the Lawler memorandum, referring
especially TO the duties of the Secretary
OF the Interior. although the entire Law
Ter memorandum was dictated with the
Burmese thar tho r-acfdo,,. ,,,,ol,, ,,eo -
IN fun, IL having been prepared in &C
oordanoe with the instructions he had
given Mr.. Lawler in Beverly
The Attorney General submitted to the
investigating committee to-day a copy
oi the lawler memorandum. saying that
Il had been found only after repeated
searches in his Office. The fact that a
s'enographer in the office Of the Secre-
taTy OF the Interior was induced to make
re afldavit published is regarded as
demonstrating beyond peradventure the
A4s'ehce OF conspiracy to injure not
VaiE The Secretary Of the Interior but
Aaft administration, as has been
oi'aFg ed by Judge BaIlinger repeatedly
IN his testimony.
~ me light Of the facts it is not re-
ueo as peculiar that some of the Ian
oi MI LAWYER should have been
ny TIE President III his letter of ex-
While Mir. LAWYER is AS
S,dHI Attorney General for the In
- department ne is an employe of
''-e i''=i'a'; i'''ent q Justice, and as such
po1is 10 Tie Attorney General as his
superior officer.
nerby Garfield Man.
i'4enas OF F. NJ Kerby. the
''~0''' sraliier who made the affidavit, ex-
NlS action by saying that he is not