Atlanta tri-weekly journal. [volume] (Atlanta, Ga.) 1920-19??, 1924-02-07
AID
FALL IN THMART|NC
OIL LEASE PROBERS
Leading Figure in Oil Lease
Scandal viii Claim Senate
Has No Duly Constituted
President
Atlanta Journal News Bureau,
40S Evans Building.
RY THEODORE TULER

w ASFilNGION, + eD. o. w IIlT
the senate's investigation of tlH
naval oil lease scandal was halted
temporarily today because of the
mourning for the late President Wiz
son and also because the former
secretary of the interior, Albert L
Fall, has challenged the jurisGc-
ton of the investigating commit
tee, The journals correspondent /
learned what will be the next move |
of Fall to escape a Jail sentence
for contempt of the senate
It is revealed now from authori- |
tatiVe sources close to Fall just I
how he will combat the approach I
ing efforts of the senate to hold !
him in contempt and to put him Ill
jail for refusal to answer questions
of the senate committee.
The coming move of Mr.. Fall and |
his attorney and advisers wlll i'll !
volve the status of Senator Albert !
B. Cummins. of Iowa, as preside nj |
pro tempOre of the senate and the |
authority of Cummns to sign and !
send to the district attorney of the
District of Columbia a document |
citing that Fall is defiant and III
contempt of a branch of congress. |
Involved also is the death of the |
late President Harding, whicn |
brought to the White House Calvin |
Coolidge, until that hour vice pres
ident of the United States, and |
president of the senate. by consti-
tutional provision.
Senate Presidency
The fact that there is now 10
president of the senate because the |
vice president of the United States |
has gone to the White House and |
that Senator Cummins, according |
to the contention Of Falls attor
ney, has not been elected even IS
president pro tempore in the sixty
eighth congress. gives Fall oppor-
tunity to raise two fine legal |
points. His attorney, Levi Cooke, is
known to have decided to utilize |.
every means to prevent the testi-
mony of Fall before the senate COM
mittee. and likewise to fight tbs 4
contempt proceedings that seem in
evitable.
If Senator Cumnlns affiXes the
seal of the senate to a document
sent to the district attorney jr
Washington, to bring Falls recalci-
trancy before the grand jury Tor
action, Cooke will plead that this
is impossible under section 104 Of
the revised statutes.
Thai section provides that when
ever a witness is summoned by
innate or house committee to tes-
tify and fails to testify, "the presi-
deGt of the senate or the speaker
of the house. as the case may Je,
shall certify the facts, under tne
seal of the senate or house to tie
district attorney for the District If
Columbia, whose duty it shall be
to bring the matter before the grand
iIry for their action"
Former Secretary Fall and his at
torney and advisers, who have a.,
ready raised the point that the SEN
ate committees investigation is un-
authorized because the resolution o1
inquiry was adopted by the senate
of the siXty-seventh congress ami
not the~~siXty-e ghth congress. will
then raise these additional points
That the constitution provides
that the vice president of the
United States shall be the pres..
dent of the senate; that the senate
has nc president because Mr.. Cool
idge today is. in the White House,
and that Mr.. Cummins canno: sign
a document as the senate's presi
dent.
Furthermore, that even if Cuu,-
Minis as president pro tempore, is
authorized to act as the president
Of the senate, he has not been 7
elected as president pro 'tempore OF |
the present senate, but is holding /
over under an election of March /
{. 1921.
Constitution Cited
In this connection, Fairs attor- T.
ney will cite the following CLAUSE
from the constitution of The Unitel /
States:
The senate shall choose the.r
other. officers, and also presiden:
pro tempore. IN the absence of the
vice president, or when he shall ex-
ercise the office of president of the
United States"
The legal point will be raised thai /
even if it were permissible for Ser
ator Cummins to hold over as /
president pro tenn. from one co agrees
10 another, and under the existing /
gentIeman's agreement in the SEN /
ate, which grew out of the success
full fight to keep Cummins from /
holding two jobs, including the .
Craftsmanship Of the interstate COM .
merce committee. his direct e,ec. /
ton by the present senate was .
necessary under the peculiar cir
cunStances
These circumstances, it will be re
cited in behalf of Fall. are unusual. /
because when Mr.. Coolidge went /
into the White House last August.
the senate lost its constitutional /
president, and yet MIR Cummins was
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