The Ogden standard. [volume] (Ogden City, Utah) 1902-1910, 1910-05-17
@ G G O @ O C Q C o O @ @ O O c

Washington. May l6-Frederick NJ.
Kerry. whom Secretary Ballinger dis
charged for publishing confidential In.
formation of the department. on the
stand today. before the Balliuger Pin
chot investigating committee, under
took to justify his notion as the full
hllment of public duty outweighine the
loyalty he owed 10 Mr. BallinGer
Kerby calmly underwent the ordeal
TO which the Republican members of
the committee subjected him He in
sisted there was no impropriety IN
what he had done, declaring that if
Secretary Ballinger had responded 10
the call of Mr.. Brandels. for the Law
ler memorandum. IL would have been
unnecessary for him to have taken the
course he did TO get the Information
before the committee.
Kerby said his former chief, eX-
Secretary Garfield. had told him at
Clifford PinchotS home. in this city
last February. that 1t was his duty
10 tell the facts ii he was called on
20 do so. Ii was on that occasion. he
said, that he had first told Garfield
and Pinchot Of the memorandum. In
the presence OF Attorney BraDdcis. to
whom he had later mentioned he knew
1t TO be Mr.. BalllDgers purpose TO
Supplant Director Newell Of the re-
clamatlon service, with r. II. Thomson
OF Seattle. When the first call Tor
the memorandum came TO the depart
ment Kerby said, StenogTapher Mas
sey, who also assisted Assistant At
torney General Lawler in preparing
his memorandum for the President,
said 20 Private Secretary Carr.
You know what that means. don't
you2"
Carrs reply. according to Kerby.
was:
"Yes. but they'll have a hard time
getting it,
The name OF Hugh A. Brown, pri-
vate secretary TO Director of Census
Durand who formerly served Secre-
tary Garfield In the same capacity.
was brought into the inquiry today.
Kerby said he had mentioned to
Brown. soon after the publication of
The Presidents letter eXonerating Bal
linger and dismissIng Claws that,
I'VE practically wrote 1t in the sec
retarys office"
He said he told Brown In confidence
but nc later mentioned it TO Gar
field
Kerby declined to agree with Sen
ator Sutherland that he WAS eau
tlous patriot" in making sure of Il
new Job before he riskcd losing the
old one
Senator Root was particularly bit !
ter in his questions To the witness.
DO you think II was reputable
transaction" he demanded, ito go to
persons unfricndly to your superior
with confidential information from
his department.
81 did, under the circumstances"
replied Kerby. THE country had the
right to any facts my superior had
before him"
Washington. May 17-Frederick NJ, !
Kerby. formerly a stenographcr in Mr..
Balllnger's office, who was dismissed
yesterday on the ground that he di- ,
vulgod confidential information bear
ing on the preparation OF the Lawlcr
memorandum. was called to the stand
soon after the hearing in the Bnllia-
ger. Pinchot Investigation was re-
sumed today. After Chairman Nel-
son had laid the Presidents letter TO
him before the committee. Mr.. Bran
deIs said he thought Mr. Kerby's
statement and the Presldent'a denial
of last Saturday should go into the
record with 1t.
Mr.. Nelson said no statement Of
Eerby was before tho committee.
whereupon Mr. Brandeis said Nj
Kerby was present and was willing TO
testify.
Mr. Rcrby appeared confident when
hr took his scat on the stand, After
giving his name and age, Attorney
Vertrees. counsel for Mr. Ballinger
questioned him about the position he
held In the Interior department.
You were confidential clerk 10
Mr.. Ballinger. were you not2'
II felt myself q confidential clerk
10 The government" replied Kerby
rather than to Mr. Ballingcr'
Taking Nh the subject of NJ
Eerbys statement. Mr.. Vertrecs
aLked him n he had ever before CIV
en- out confidential information.
u have never considered 1t before
was the reply.
Kerby said this was the only In.
stance he could recall in which he hal
done so
Kerby said he was friendly TO Mr.
Garfield and he had exchanged one
or two letters with the latter since
he left the government service. He
said neither OF these letters related TO ;