The Washington times., 1924-02-07
ADVICE OF
COUNSEL
TAKEN

ear about which he 10 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 869 IL co-extenSive with
the immunity Of the Fifth Amend
ment the witness would doubtless in
gist that the position taken by the
Government above referred to would
work his complete Immunity.
''The decision in Counselman VS..
Hitchcock, 142 U. s., held that the
scope OF Section 500 was not cock.
tensive with the Fifth Amendment
and that COunselman was within his
rights in refusing to testify on the
grounds that he might incriminate
himself.
Dangers in Proceeding.
"In the Councilman case the
court also said that while any testi.
mony given by the witness could
not be used against him in Grim.
inal proceeding, yet the Government
information derived from the testi.
mony which would enable it to pro.
cure and use other evidence against
the witness.
1.-THE danger Of proceeding along
those lines IL that in the proSecu-
ton Of the witness who might SUBJ
seQuently be indicted for an offense
about which he il compelled to tes-
tify, the line of distinction between
the evidence which the witness is
compelled to give and the other evi:
dence obtained as the result of his
testimony might be SO indefinite as
to make It practically impossible to
distinguish, and, therefore, the prob
ability of error would be great. In
deed, the testimony Of the witness
and the other evidence might be so
c0mmingled as to preclude the &C.
ceptance OF any evidence concerning
the subject matter.
I'm view of the provisions Of the
Fifth Amendment, we advise against
peritting Fall to testify unless he
valves his Constitutional privilege"
Warfare broke out in the Senate
again today against the continuance
In office Of Secretary of the Navy
Edwin DENLY because Of his connec-
ton with the leasing Of naval oil
reserves to e. L. Doheny and Harry
+. Sinclair.
Senator Robinson Dem.) of Ar.
A04tC061 dOIAlOE Va IAO IOSO4uL1Ou
recting President Coolidge to request
the ousting of DENLY from the Cabi.
net, charged, in formal statement,
that the Secretary had broken "thO
trust repoSed in him"
Resolution Called Up.
The resolution. called up for de-
bate, set forth that the leases were
made under circumstances indicat-
ing fraud and corruption" and &C.
cused DENLY of ''misfeasance and
m9lfeasance In office"
In a new defense Of his connec-
ton with the leases, DENLY, in a
telegram to Roy D. Chaplin, Of De-
troit, declared my connection with
the transactions from the beginning
TO the end was dictated by a pro-
found belief that they were for the
benefit Of the United States and
was as clean and patriotic as any
other act Of my official and private
life.'
1.-THE leases cannot be held illegal
until q court Of competent jurisdic.
ton has 80 declared" DENLY added.
S'They cannot be held not to have
been made in accordance with sound
policy because the policy was sound
Of Congress. They will be shown
90 have been for the benefit Of the
United States"
Saved Millions, He Says.
Not only are &he leases legal, Den
by said, but "they prevented the
further loss Of millions Of dollars
worth Of oil and greatly increased
the power Of the navy to defend
the United States which in its es.
0eDce is it's principal duty"
The statement was taken as a
Yeiteration Of Denby's determination
not to be forced out Of the Cabinet
''under fire"
Congress has unanimously voted
that Secretary Denby's action in I'M.
tiating the executive order ISSUED
by the late President Harding) and
the lease relating to the naval oil
reserves was without authority OF
law and against the we'll settled pol.
ICY OF the Government" Robinson
said.
"The Secretary's defiant declara.
ton that he would repeat the act
regardless Of the circumstances, dis
closes not only q breach Of trust
reposed in him bat 1t also shows
that II he continues in office, the
naval oil reserves may again be
dissipated."
Robinson's was the first shot in
the new attack upon DENLY that
was silenced for three days because
Of the death Of cx.PreSident Wood
row Wilson.
Attacked BY Insurgents.
To the onslaught by Democrats
against DENLY today was added the
strength OF insurgent Republicans
headed by Senator La Toilette Rep.l
of Wisconsin, who was prepared ia
deliver a characteristically fiery
speech, one Of the few he has made
ON the floor Of the Senate this SEES
sion. La Toilette agreed with Rob
inson that DENLY In his handling OF
the oil leases, displayed "incompe
tency" in serving the best interests
Of the navy.
Under the dictatorship Of such
Administration leaders as Senators
LOdge (Rep.) Of Massachusetts,
Curtis Rep.) Of Kansas, and Len
root Repl Of Wisconsin, Republi
cans launched O counter smash tc
eliminate Denby's name from the
custer resolution. substituting In
stead ANY officer Of the Govern
ment found guilty of misfeasance
or malfeasaIfce in office"
Because sof the large number oi
Senators who announced intentions
20 assail and defend DENLY, 1t was
considered unlikely that a vote wal
possible upon the resolution before
tomorrow or Saturday, at the ear
Nest.
Broadening the scope Of the In.
eRV,iY-v Ganaf0P Walah (DAml al