The Washington times., 1924-02-07
BAR
ACTION IN
COURT,
FEAR
Senate Committee Adopts
Motion on Recommendation
of Oil Prosecutors.
By KENNETH CLARK,
international News Service.

International News Service.
Albert B. Fall, former Secre-
tary Of the Interior and center of
the oil lease scandal, today was
released from further appearances
before the Senate Public Lands
FCommittee to testify concerning
the turning over of naval reserves
in Wyoming and California to
Harry F. Sinclair and E. L.
Doheny.
The committee decided in an
executive session that if Fall was
compelled to testify with respect
to the oil leases and the $25, 1000
and 100000 loans he received
from Sinclair and Doheny, such
testimony might operate to gain
immunity for him in the event
Of criminal action in connection
! with the recovery of the oil
lands by the Government.
Senators View Unanimous.
When called before the commit
tee last week, Fall declined to answer
questions on the. ground his tes-
timony might tend to incriminate
him and because the committee had
no authority to continue the oil in
vestigation during the Sixty-eighth
Congress.
The committee had planned to
ask the Senate for formal authority
to go ahead with the inquiry, and,
in anticipation of favorable action
on this request, new subp0nea
had been issued for Fail, who is
now in Washington at the home of
Col. ]. w. Zevely, partner Of Sin
clair.
1t was the opinion of Chairman
l.enroot, Senator Walsh Dem) Of
Montana, and other committee
members, that no steps should be
taken by the Senate which would
hamper the legal proceedings to be
made by special attorneys under
the direction of President Coolidge
to recover the oil lands. This de-
cision led to the vacating Of the
Fall subpoena.
The decision to release Fall was
reached after the special counsel APP
pointed by President Coolidge ad-
vised the committee that FAN, UNI
der the Fifth Amendment to the
Constitution, might claim immunity
from the prosecution IL forced to
testify under protest.
Walsh's motion, adopted by the
committee. follows:
1.-THE witness, Albert B. Fan, hav-
ing refused to answer any questions
that might be put to him touching
the matters under investigation by
the committee on the ground that
his evidence might tend to incrimi-
nate him, and the committee being
advised by counsel that the statute
providing that a witness should not
be excused from testifying before a
Congressional committee on such
ground being less broad in its scope
than the constitutional guaranty, go
that proceedings for contempt or by
contumacy would probably fall and
contumacy would probabl yfal, and
that IL the witness proceeded to tes-
tify before the committee under pro-
test he might gain immunity from
prosecution, and the committee be.
ing advised by the attorney for the
witness that his purpose to stand
on his constitutional rights is ire
vocable, move that the subpoena
issued for the witness, Albert 3.
Fall, be vacated and that he be re-
leased from further attendance on
the committee"
Statement by Counsel.
In q formal opinion to the COM
mittee the special counsel, Silas H.
Strawn and Atlee Pomerene, said:
IF the committee should under
take to compel a witness to answer
under duress, either by contempt
proceedings in the Senate, or through
the criminal process provided in Sec.
ton '1O4 Of the Revised Statutes,
necessarily the Government would be
forced to take the position that Sec
ton $50 is co-extensive with the i'm
munity provision Of the Fifth Amend.
ment to the Constitution.
"If the witness Is menaced by a
threat, either Of punishment for
contempt or proceedings in the Dis
trict Court of the District OF Column.
bia. he may acquiesce and testify.
claiming that he Is testifying under
compulsion.
such a witness might assert that
under the Constitution he cannot be
compelled to be a witness against
himself and that. II indicted for an