Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1910-05-20
MAKES PRESIDENT EXPLAIN.
Facts Disclosed by Stenoerapher Gre
ates Embarrassing Situation.

ates Embarrassing Situation.
The sensation Of the Ballinger-
Pinchot investigation last week, was a
statement by F.. w. Kerby, a stenog-
rapher of Secretary Ballinger's office to
the effect that the letter which the
president gave out last September ex-
exonerating Ballinger of the CLAWS
charges, was written by Assistant At
torney General Lawler and Mr.. Ballin-
ger himself. The stenographer knew
what he was talking about, because he
had written the letter from Lawler's
dictation. The effect Of Kerby's state
ment was such as made it necessary
for the president to write letter ex-
| planning the whole business. The pres
! idents letter, which was addressed to
Senator Knute Nelson, chairman of the
| investigating committee Is as follows:
May IS, 1910.
| MY Dear Senator Nelson: In the
| hearings before the committee to in
| vestigate the interior department and
forestry service, reference has been
|
| plant and charges Of L. R. CLAWS,
| filed with me on the 18th of August
| last against Secretary Ballinger and
| certain other officials Of the interior
department The majority of the COM
| mittee have decided that my action
in this regard was not within the jur-
| isdiction of the committee to investi-
gate. In spite of this ruling, references
ord. For this reason, / deem 1t proper
to write you and state, with such ac-
curacy as my memory permits, what
the facts are.
"Glavis's statement and charges were
left with me by him on August IS, 1909
/ turned them over to the attorney
general, who happened to be in the
neignborhood, and he made notes upon
his reading. We both had personal
knowledge in respect to Secretary Bal
lingers attitude toward the Alaska
coal claims, which was the chief sub
ject Of innuendo and complaint, for Mr..
biiiiH6ei iiu very carly III the duiilil-
istration consulted us both in regard
to them.
within two or three days after the
filing Of the charges in a meeting at
which the secretary of the treasury,
the attorney general, and the secretary
Of the navy were present, full dis
cussion Of the CLAWS statement was
had. 1t resulted in a general conclu-
sion that jealousy between the bureaus
of the interior department and the for
estry bureau probably explained the
attitude Of the interior department
officials, but that the intimations Of
bad faith by CLAWS against Mr.. Ballin-
ger and the others required that the
statement be submitted to them for
answer. Accordingly, copies Of the
statement were sent to Secretary Bal
linger, to Assistant Secretary Pierce,
to Commissioner bennett and to Chief
of Field Service Schwartz.
Mr.. Ballinger was at Seattle, but
upon receipt Of the charges he came
to Washington to prepare his answer.
On Monday, September 6, Mr.. Ballin-
ger reached Beverly, accompanied by
Mr.. Lawler, the assistant attorney gen.
eral Of the department Of justice, as
signed 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.
Found Charges Baseless.
II had a conference with him the
evening Of the day he came, Septem-
Der 6, and then on the following even
ing, September 7. talked over the
charges with Mr.. Ballinger the first
evening, and asked such questions as
suggested themselves, without intimat-
ing any conclusion, and said that l
would examine the answers and the
l sat up until o'clock that night read
ing the answers and exhibits; so that
at my next conference / was advised
of the contents of the entire record and
had made up my mind that there was
nothing in the charges upon which
Mr.. Ballinger or the others accused
could be found guilty Of either incom-
potency, inefficiency, disloyalty to the
interests of the government, or dishon-
esty.
IN the discussions Of the second
evening Mr.. Lawler, who was present
at my suggestion, discussed the evil
dence at some length l said to Mr..
Lawler that l was very anxious to
write a full statement of the case, and
set out the reasons for my decision,
but that the time for my departure
on a long western trip, occupying two
months, was just one week from that
day; that l 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
detailed statement and opinion as l
would like to render in the matter. l
therefore requested Mr. Lawler to pre-
pare an opinion as if he were presi-
dent.
During the Sth, 9th and 10th l
gave such consideration to the CLAWS
record as was consistent with pre-
vous engagements, but paid no atten-
ton to the speeches. On the 9th l
telegraphed the attorney general to
come to Beverly, in order that | might
consult with him in respect to the case.
He arrived there Saturday afternoon,
September II, and, pursuant to an ap-
pointment made by telephone. he came
to my house early on Sunday morning,
September II.
Delivered Lawler Opinion.
He then delivered to me the draft
opinion prepared by Mr.. Lawler, and
said that ne had an opportunity, on
coming from New York, to read the
answers of Mr.. Ballinger and others
then said to him that l made up my
mind as to my conclusions and had
drafted part of my opinion, but that