Evening star., 1924-08-08
j. STILES ANSWER
: IN SINCLAIR CASE
Special Counsel Pleads
Against Appeal in Con-
tempt of Senate Trial.

The United States of America.
through United States Attorney Cor
don and his special assistants for
this case, Atlee Pomerene and Owen
]. Roberts, today filed in the District
Court of Appeals it's opposition to the
petition of Harry +. Sinclair, lessee
of Teapot Dome, for the allowance of
a special appeal from the decision Of
Justice Hoehling of the District Su-
preme Court. sustaining Of the 10
counts of an Indictment charging Mr.
Sinclair with contempt of the United
States Senate in refusing to answer
questions before the oil investigating
committee.
The prosecution declares the only
effect of the special appeal, if grant
ed. will be to delay unnecessarily and
unduly the final trial of the case.
The trial of the case, the government
counsel assert, would consume little
more time than the argument of the
proposed appeal Any rights and
privileges which Mr. Sinclair may OBJ
tain by reason of the allowance of
special appeal they say, will be fully
protected if the petition is dismissed
and the case allowed to proceed to
trial.
Counsel for the Government admit
that the questions raised by the de-
murrer and motion to quash the in
dctment filed by attorneys for Sim
clair are of Importance to the de-
fendant, but declare they are also
of equally great Importance to the
United States and to the Congress
as well as to the people of the
country.
Facts Necessary.
In brief in support of their claim
that the special appeal should be
refused, counsel for the Government
contend that it is as necessary that
a legislative body have full informa-
tion in order that it may accurately
function as it is that court shall
be fully informed as to the facts
before it decides a case which is on
trial They concede that if the
inquiry were made wholly with
reference to a matter pending in the
courts the Senate committee would
have been without jurisdiction to
require answers from Sinclair, but
they assert the oil committee was
empowered to investigate the entire
subject of leases of naval reserves,
whether in the courts or not, and
particularly to ascertain what, If any,
other or additional legislation may
be advisable.
Questions of law are not neces-
sarily doubtful simply because they
have not been decided by the United
States Supreme Court. the prosecu-
tors claim. Mr.. Justice Hoehling,
they say, has so clearly presented the
legal question involved that little is
left to be said.
Cite Dnugherty Case.
Attorneys Martin Littleton. George
P. Hoover, ]. w. Zevely and G. 7.
Stanford for Mr.. Sinclair had quoted
in their application for the special
appeal the recent decision of Judge
Cochran in the habeas corpus case
brought in Ohio by Malley 5. Daugh-
erty.. brother. of the former Attorney
General against whom contempt pro-
ceedings were instituted. Counsel for
the government declare there is no
paraI,ei between the Sinclair and
Daueherty cases and say they may be
distinguished easily. The Senate res
olution in the Daugherty case, they
state, involved official actions and
was purely judicial in character and
not for the purpose Of ascertalnlns
what. if any. additional legislation
was necessary to protect the inter-
ests of the government. The proceed
ings in the Daugherty case, they
noint ont. were under the inherent
mower of the Senate as parliament
any body to punish Tor contempt
while the Sinclair case is under
Federal statute making 1t mlsde-
meanor to refuse to answer ques-
tions.
All three of the justices of the Dis
trict Court of Appeals are out OF the
city on vacation, and copies of the
petition of Sinclair and of the opposi-
ton of the Government will be mailed
to each of them by the clerk OF the
court. Each justice will note his de-
cision on the question of allowing the
appeal and will notify the clerk.
Justice Hitz of the District Supreme
Court, at the request Of Attorney George
p. Hoover of counsel for Sinclair, to-
day extended for 80 days the time in
which the defendant was required to
plead under the ruling of Justice
Hoehling, from which he is seeking a
special appeal The delay was made
necessary in order that the Court of
Appeals might first decide the question
of the special appeal.