Los Angeles herald., 1910-05-15
OVERLOOKED. SAYS w1cKERsHANr

OVERLOOKED, SAYS WICKERSHAM
Almost simultaneously with the pub
lication of the Kerby statement, Attor-
ney General Wickersham sent to the
Ballinger- -Pinchot investigating COM
mittee, then in session, a copy of the
Lawler draft, accompanied by a letter
to Chairman Nelson, in which Mr..
Wickersham declared the document
had been overlooked in sending the
papers requisitioned by the committee
at the request of Attorney Brandeis.
The publication of the Kerby state
ment evoked from the White House a
statement declaring that there was
absolutely no foundation for the state
ment that the presidents letter of Sep
tember 13, 1909, was substantially pre-
pared for the presidents signature by
Assistant Attorney General Lawler and
asserting unequivocally that "the presi-
dent dictated his letter personally as
the result of his own investigation of
the records and consideration of docu-
ments and papers in his possession at
the time and upon the report of the
attorney general"
1t was further pointed out both at
the White House and by Attorney Gen
eral Wickersham himself, that a COM
parison of the LaWler draft and the
presidents letter would show that the
differences of the Kirby statement were
unwarranted.
Mr.. Wickersham alluded to the prac-
tice common in the government depart
ments of subordinates preparing let
ters and documents for the considera-
ton of their superiors, and their use by
them in whole or in part, as they might
see fit.
BALLINGER SHOWS ANGER
Secretary BaIlinger and Mr.. Lawler
were in conference for a long time this
afternoon with Attorney General Wick
ersham. While they were so engaged
at the department of Justice a mes
senger was sent out for copy of a
newspaper containing the Kerby state
ment.
When Mr. Ballinger emerged from
the conference he showed signs of
angry concern, but declared vehement
Iy ''there was nothing to be ashamed
of"
Mr.. Ballinger said Kerby had "gone
off on a vacation" today. mo- he
added. in reply to a question, "he has
not been discharged" He said this
with a grim smile.
Kerby is superintendent of a Sunday
school and head of boys brigade. Ele
was absent from his post all day, be-
ing. 1t was Sdlu, dl d plCulC Ol JIG
of these organizations.
Attorney General Wickersham de-
clared it was quite obvious that Law
Ter did not prepare the letter signed by
President Taft.
compare the letter written by Mr..
Lawler with that written by the presi-
dent" said Mr.. Wickersham, land you
will readily recognize the fact. There
is only one clause which, in a measure,
the president adopted.
'No, it was not regarding the dis
missal of CLAWS" he said, in response
to further questioning.
"What Mr.. Lawler prepared was
what might be termed a suggested
form of letter which the president could
adopt if he saw fit-a practice of every
day occurrence in the executive depart
ments of the government"
UNWILLING TO DISCUSS 1T
Mr.. Wickersham said he preferred not
to discuss the matter, as it would be
manifestly improper for him to do so
before he had seen the president
However, in his recent letter to Chair
man Parker of the house committee
on judiciary Mr.. Wickersham said the
president had before him when he act
ed on the charges documents and rough
notes. He said he had afterward COM
piled at the presidents direction, the
summary which the resolution of Rep
resentative Harrison of New York, If
adopted, would direct him to furnish.
Mr.. Wickersham wrote Mr.. Parker
that the resolution seemed to be an
inquiry into details of intercourse be-
tween the attorney general and the
president. which it would be neither
competent nor seemly for either house
to attempt.
Mr.. Wickersham said he had received