Atlanta tri-weekly journal. [volume] (Atlanta, Ga.) 1920-19??, 1924-02-09

A memorandum submitted by Mr.
Strawn and Mr.. Pomerene said:
IF the committee should under
take to compel a witness to answer
u nder duress, either by contempt
proceedings in the senate, or through
the criminal process provided in sec
ton 104 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
threat either Of punishment for con-
tempt or proceedings in the district
court Of the District Of Columbia, he
may acquiesce and testify, claim
ing that he is testifying under COM
pulsion.
such q witness might assert that
under the constitution he cannot be
compelled to be a witness against
himself and that, if indicted, for an
offense relating to the subject mat
ter about which he is compelled to
testify, he would be immune against
the use of such testimony.
The government, being forced to
take the position as above indicated,
that section $50 is co-eXtensive with
the immunity of the fifth amend
ment, the witness would doubtless
insist that the position taken by the
government above referred to would
work his complete immunity.
The danger of proceeding along
those lines is that in the prosecution
OF a witness who might Subsequent
ly be indicted for an offense about
which he is compelled to testify, the
line of distinction between the evil
dence which the defendant was COM
PEELED to give and the other evidence
obtained as the result of his testi-
mOny, might be so indefinite as to
make it practically impossible to dis
tlngulsh, and, therefore, the prob
ability of error would be great.
Might Preclude Evidence
indeed, the testimony of the wit
ness and the other evidence might
be so commingled as to preclude the
acceptance of any evidence concern
ing the subject matter.
In view of the provisions Of the
fifth amendment, we advise against
permitting Mr.. Fall to testify I'm.
less ne WAVES his constitutional
privilege"
Xesugat1on tomorrow, but Senator
w aFsh has not yet determined which
OF the score and more witnesses for
whom subpoenas have been issued
will be called.
Among new witnesses summonded
are Frank O. Wetmore, of the First
National Bank of Chicago, and
President Melden Traylor, Of the
First Trust and Savings Bank. Chi.
caSo, who are expected to give in
| formation concerning the sale by
former Secretary Fall of the Albu-
querque. n. M. Journal to Cary c..
Magee.
Fred G. Bonfils, publisher of the
Denver Cold Post, has requested
that he be heard and has informed
| senator Walsh he has information of
| tIrst Importance. Thomas johnson.
| foreman of Mr.. Falls New Mexico
ranch, will be ready to testify to-
morrow and a number of stock broIl-
efs also are under subpoena.
Turmoil Stirred Again
Inc ou-leasing turmoil bIazed up
again today. after being subdued
since Saturday because of the death
OF Woodrow Wilson.
Without discussion. the senate
! adopted the Walsh resolution di-
recting the interior department to
move for the recovery of the sec.
ton of the Elk Hills naval reserve in
| California held by the Standard Oil
company of California;
Also without debate, the senate
adopted another resolution reaffirm-