The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-05-16

Mr.. Ballinger was at Seattle, but upon
receipt of charges he came to Washing
ton to prepare his answer. On Monday,
September 6. Mr.. Ballinger reached
Beverly, accompanied by Mr.. LAWYER.
the assistant attorney general of the
department of justice, assigned to the
interior department. Mr.. Ballinger sent
to my house on that day the answer of
the various persons concerned together
with a voluminous record of exhibits.
had a conference with him the even
ing of the day he came, September G,
and then on the following evening, Sep
TENDER z. I talked over the charges
with Mr.. Ballinger the first evening
and asked such questions as suggested
themselves, without. intimating any
conclusion, and said I would examine
the answer and the record and would
see him the next day. sat up until 3
o'clock that night reading the answers
and exhibits; so that at my next con-
ference 1 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 incompetency, inef--
ficiency, disloyalty to the interests Of
the government or dishonesty.
Asked Lawler to Write 1t.
I'm the discussions of the second
evening" Mr.. LAWYER, who was present
at my suggestion. discussed the evil
dence at some length. I said to Mr..
Ilawler that 1 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 1 had six or seven speeches
to deliver at the beginning of that
journey and that could not give the
time to the preparation of such a de-
tailed statement and opinion as
therefore requested Mr.. Lawler to pre-
pare an opinion as If he were presi-
dent. During. the sth and 9Th and
10th I gave such consideration to the
CLAWS record as was consistent with
previous engagements, but paid no at
telegraphed the attorney general to
come to Beverly in order that I might
consult with him in respect to the
case. He arrived there Saturday
afternoon, September IL, and pur-
suant to an appointment made by tele-
phone he came to my home on Sun
day morning, September IL. He then
delivered to me the draft of opinion
he had had no opportunity on coming
from New York to read the answer
of Ballinger and others. I then said
to him that I had made up my mind
as to my conclusions, and had drafted
part of my opinion but that 1 wished
him to examine the full record and
| bring me his conclusions before ]
stated mine. He took the whole rec
ord away.
During the day I examined the
draft of the opinion of Mr.. Lawler but
| it was thirty pages, and did not state
the case in the way in which wished
| it stated. 1t contained references to
| the evidence whic were useful, but its
CLAWS 1 did not think it proper or
wise to adopt. I only used a few
paragraphs from it, containing mere
| ly general statements. The attorney
general returned in the evening with
notes of the examination which he had
made and reported to me the conclu-
sions which he had reached. which
were in substantial accord with my
own. We then discussed the matter
| at some length, particularly some
| points of law which were involved
and took up the opinion, which I had
finished, and made a number OF altera-
| tions and as the result of that discus
sion determined the final form which
| employed, and signed the same or
: Monday, September 10.
1.-THE conclusions which I reached
were based upon my reading of the
record and were fortified by the ora
analysis of the evidence and the con-
illusions which the attorney genera
gave me. using the notes which hi
| had made during his reading of the
| record. 1 was very sorry not to b.
able to embody this analysis in m,
| opinion but time did not permit.
| therefore directed him to embody in
written statement such analysis anC
conclusions as he had given me, file i
with the record, and date it prior t.
! the date of my opinion so as to SHOW
that my decision was fortified by hi
summary of the evidence and his con
| illusions thereform.
Sincerely yours,
WILLIAM H. TAFT.
"Hon. Knute Nelson, chairman com
mittee to investigate interior de
partment and forestry service, Uni
ted States senate