The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1910-05-13
WiCkersham Makes Admis-
!. sion In Reference to Date
SUMMARY WAS ANTE-DATED
Attorney General Says That Summary
of BaIlinger's Case Was. Made Up
After He Hnd Consulted
With the President

Washington, May 12.-The surprise
of the day in the Ballinger-P Pinch OF
inquiry today was the reading by Sec
retary Ballinger of a letter addressed
by Attorney General Wickersham to
a House committee in which he made
the admission that he ante-dated the
summary of the CLAWS charges which
he prepared for the President.
Mr.. Wickersham says he had dis
cussed the matter with the President
and had supplied him with a mass of
information bearing on the subject but
that the summary necessarily was
made up afterward and properly bore
the date upon which the matter it
contained was presented to and consid-
cred by the President"
Coincident with the making public
of his letter reply was received from
Oscar Lawler, assistant to the Attor-
ney General for the interior depart
ment. who also was concerned in the
preparation of the letter of Septem-
Der 1S, 1909, generating Ballinger and
dismissing CLAWS, stating that he had
kept no copy of his memorandum. Mr..
Lawler says he prepared the resume
at the request of the President and
sent it to the Attorney General.
In compliance with a renewed re-
quest by Attorney Brandeis, counsel
for CLAWS, the committee again called
on the Attorney General for this mem
orandum today. CLAWS counsel is try
Ing to prove to the committee and to
the public that Lawler, who was prac-
tically an employe of the interior de-
partment, really tried" the case for
the President and that the Attorney
tion of the verdict prepared a sum-
mary in an effort TO justify the Pres
ident's action.
The cross-examination of Secretary
Ballinger was almost concluded today.
Attorney Pepper, counsel for the for
mer forester, Mr.. Pinchot, viii ques-
tion him for a sfsort time tomorrow on
the subject of the withdrawal OF wa
ter power sites. In all probability Mr.
Ballinger will be excused from the
stand at the end of the morning ses-
sion. w. Fl. Schwartz, chief of the field
division of the general land office, will
succeed Mr.. Ballinger on the stand.
He is one of the "defense's" two i'm
portant witnesses remaining
Cross-Exnmination
Attorney Pepper began his cross-ex-
animation of Mr.. Ballinger by question
ing him about his views on conserva-
tion as compared with those of former
Forester Pinchot. He asked the secre-
tary about his statement on his d.
rect examination that there had been
reversal of the forestry policy since
the retirement OF Mr.. Pinchot show
ing him a circular sent out by the
bureau during the present year in
which 1t was stated that the policy
now being followed was the same as
had been carried on for many years.
Mr.. Ballinger modified his original state
nent to the extent that he meant that
the forestry bureau had Accomplished
more practical good since Secretary Of
Agriculture Wilson had begun taking n
more active interest in the work, he
said.
The Perkins 'black tent affair was
broached on. Mr. Perkins, purchasing
agent at Chicago for the reclamation
service. was charged by Director Newell
and Chief Engineer Davis of the serv-
ice with improper conduct in accepting
salary of $500 month from the Har-
riman railways while he was drawing
a salary from the government. Newell
testified he suggested to Perkins that he
resign and that Ballinger rebuked him
and afterwards promoted Perkins.
did you give Mr.. Perkins authority
to accept this money"
mo. He never had any such authority
from me-" he replied.
Mr.. Pepper referred to the letters ex-
changed between Perkins and Newell re-
garding the formers proposed lecture
tour.
Authority OF Letters
The attorney asked the secretary if he
thought the letters contained authority
TO receive the money. He said he
thought they did. He added that mas
much as Perkins was giving lectures un-
der authority of Garfield and Newell, the
latter should not have asked him to re-
sier while he was under investigation.
Mr.. Ballinger then offered in evidence
-four kilograms he had exchanged since
May last with Chief Engineer Davis.
now In the west. The secretary wired
Davis on May demanding an explana-
ton of a report that he received a per
ciem from ]. G. White & Co. in addition
to has salary while on trip west be-
tween January 13 and 81 last
Davis replied the same day that he had
received permission from b allinger jan
uary II to take leave Of absence to ex-
cn1ine an irrigation project in Mexico,
and that he received pay while on formal
leave provided by Law
Under date of May 9 Mr. Ballnger re-
piled, saying:
'You were never authorized by me or
to my knowledge engaged in private en-
r!oyment or drew compensation from
private parties while under pay from the
government"
Demanding whether he had received
ray from the government he said he
knew nothing about 1t. 1t Is said he did
receive pay from the government with
Mr. Ballinger's approval
Secretary Ballinger insisted he was not
hostile to the reclamation policy under
Mr.. Newell but admitted that he had
little confidence In either Newell or
Davis.
The committee then adjourned until to
morrow.