Evening star., 1924-02-18
LONG DELAY LIKELY
IN OIL LEASE CASES
Civil Actions May Be Fairly
Prompt, But Criminal Pros
eCution Would Be Slow.
BY FREDERIC WILLIAM VILE.

BY FREDERIC WILLIAM VILE.
While the Senate oil committee is
In recess. and tension in Washington
correspondingly relaxed, authorities
arc considering the legal phases that
soon will be prominent and par
amount. Two prosecutions are ten
tatively in contemplation-civi action
to restore the leased naval oil re-
serves to the government, and crimi-
nal actin against alleged wrongdoers.
Proceedings to enjoin further opera
tion of the reserves will be the first
step.
During the Denby debate i'll the
Senate. the view found expression
that the governments cases might
drag out five, if not ten. years"
Washington lawyers of experience in
federal procedure think that is an
They think that suits to recover Tea
pot Dome and Elk Hills might pro-
duce early results, because they are
mot expected to encounter very stern
opposition. But they admit that
criminal prosecution might easily be
prolonged three. and even five, years.
Federal fraud cases are Of record in
which II took three years to secure
conviction.
The laws delays-a subject on
which Chief Justice Taft holds strong
views, and with u desire to rectify
for study of British methods of
speeding up the administration Of
Justice permit an almost intermin-
able series of appeals, motions. de-
murrerS writs, re-trials and other
processes beloved of the legal fra
all
clair should be prosecuted. they
would be defended by resourceful
counsel. TWO lawyers of high rank
have already been retained by Do
and Frank J. Hogan of Washington.
Fall is represented by Levi Cooke
of Washington. Hogan has made Il
reputation as defender in actions
Instituted by the United States gov
ernment. Recently in the federal
court OF West Virginia. he won a
notable victory against the Depart
lnent of Justice as counsel for the
United States Harness Company.
The special counsel that may finally
De empowered to conduct the govern
mentS case in the oil scandal will
nave two preliminary tasks of vital
Importance. First they must deter
mime exactly what crime, if any, has
been committed. Their second duty
will be to lay the Venue" j. o.. to
which the crime. as Il matter of law
can be prosecuted. The matter Of
venue is exceedingly important. The
law does not permit any change of
Venue IN proceedings of the sort i'll
question.
Another matter OF imm ediate de
cision for the governments counsel
concerns the choice of the charge that
is TO be made. The government
lawyers will have to make up their
minds whether it is better to prose-
cute for bribery-indicting both a
bribe-taker and Il hribe giver-or to
proceed on a conspiracy charge. The
governments favorite method of pro-
cedure on criminal occasions iS to
prosecute for conspiracy. In the oil
business it would be a case of con-
Spiracy to dcfraud the government
The penalties for conspiracy are not
as severe as the punishment for
bribery. Conspiracy to defraud the
United States. is covered under sec
ton 81 of the Criminal Code. Persons
convicted Hereunder may be fined
not more than $4,000 or imprisoned
for two years.
Federal officials convicted of re-
ceiving bribeS (under section III of
the Criminal Code) may be fined up to
three times the amount they illegally
accepted. or imprisoned for three
Years. Convicted government officials
in addition forfeit their posts and are
thereafter disqualified from holding
public office. Under section 80 of the
Criminal Code giyerS of bribes to fed
eral officials are subject to the same
monetary or prison punishment pro-
vided for bribe-t takers.
Prefer Conspiracy Charge.
The government law officers usually
prefer conspiracy % bribery prosecu-
tions. because under Il conspiracy in
dictment it is possible to take action
en- bloc against al! concerned in the
alleged wrongdoing.
Bribe-giver and bribe-takeI. in the
case of a corrupted public official.
could thus be proceeded against at
the same time and there is no ne
cessity incumbent upon the govern
ment to prove the commission of the
"substantive' crime. Also, under con-
spiracy proceedings, it is possible to
prosecute at any point where any Of
the alleged co-conSpiratorS may have
committed an overt act. Usually the
venue is laid-that is to say. grand
jury indictment is sought and trial
instituted-in some jurisdiction where
there is the greatest likelihood of
conducting the prosecution free from
outside influences.
Whether Washingt ton. because of the
political implications and angles" in
the oil affair, would be the ideal
venue for any prosecution that might
he instituted against Fall, Doheny or
Sinclair, nobody Yet knows. OF course
and this the public should remem-
bert is not yet absolutely certain
that there will be "A prosecution:
There certainly will be no move of
any kind in that direction until the
Senate oil committee has completed
its exhaustive Investigations. Then
1t Will be matter of consideration
upon the part of President Coolidge
and his special counsel as to whether
the committee has made a case
whether it has discovered prima facie
evidence justifying the government
in seeking a grand jury Indictment.
There are obvious political considera-
tions involved. but the President, it
can be stated emphatically. is fully
alive, to the popular expectation that
there will be the promDteSt possible