The Birmingham age-herald., 1924-02-03

votes are tabulateds the result will | be made known to the people of | north Alabama and the Tennessee | Valley who are awaiting word of | Mobiles stand, many j telegrams, |
 asking if Mobile has put aside its | port amendment campaign pledge, | having been sent here by commer- |
 ciaI Organizations; of the northern part Of the state. s gave way slowly insthe narrow passage way, to. the witness chair. I | To outward appearances. at least, Mir. Fall was not the broken : man he has been pictured. He walked steadily. without assistance and without the use of a cane His face was rather pale following his long confinement in bed. but there were few signs of nervous ness. s - .s sss .f3
 After Afr. Fall had seated himself in the witness chair across the table from his inquisitors, some of them his former colleagues in the Senate, Shis counsel said that he desired to make a brief statement. He announced that MT, Fall ..'was ready for hearing but re- minded the committee that he still was under the advice of his own physicians and urged that the Senators remember what he is advised as to his physical condition.". e q.
 "Mr. Fall, you will please be sworn,'' said Chairman Lenroot.
 The former arose and held his right hand high as the customary oath was administered. As he settled back in his chair. this question was put by Sen. ator Walsh, democrat, Montana:
 Senator Fall, do you care to make any further statement about matters under consideration by the committed? ?"
 Had Clear Voice Unfolding typewritten manuscript the witness announced in clear and firm voice that he desired to read. Still in clear voice which carried well around the big room, the one time cabinet officer unfolded the reasons why he would not subject himself to further examination by the committee.
 The reading al an end, Chaifman Lenroot announced that the committee would go into executive session and the room would be, cleared. ~ eaI
 "Mr. Fall, you may retire to another room," said the chairman.
 Shall I remain outside :',, thesformer secretary asked. ss .,.- fs5-. VI .i If you please .i.
 Tn any particular place.p
 No. so that you may be within call.'a While the crowd was making its slow egress through the main doors Mf. Fall returned to the ante-room, It was fiye minutes before the room could be cleared and the cornmittee take under consideration, behind closed 1doors the unexpected dvelopment in the proceedings. <. ''T'' ', Spectators Disappointed
 The disappointed spectators fook m places outside, crowding the corridors Tn three directions. Suddenly the door to the ante-rOom was opened and Nr Fall appeared, assisted by friends. He made his way rather laboriously down q corridor to the office of Senator El- kins of West Virginia, where he re- clinede 0n ascouch to await further word from the Committee
 Altho5gh the executive session drar. ged ons for an hour, those who had come lin search of further sensations stuck tos Their posts, only to be dis appointed again by an announcement that the committee had adjourned until next Tuesday at ten a. m. MT. Fall was appraised of the decision of the commit tee to ffecall him at that hour. and he returned to the Zevely home.
 Later in the day his counsel called on Chairman 1,enroot with a request that the former secretary be permitted 10 go to some nearby place over the weekend to- rest and recuperate.
 To Be Called Again Tuesday.
 MT. Cook was informed that Mr. Fall would be required to be present next Tuesday and on that basis of this in- formation, plans were made for the former secretary to spend the inter- penfng tW0s days in an nearby surburb. P In, its executive discussion of Mr FaHs statement, the was some, talk on. contempt proceedings, but in fine main the tcommitteee addressed itself to the rather unexpected challenger, of its authority to go forward on the ground that the original authority call ed for hearings only until the new Congress, assembled.
 Finally Senator Walsh made a mo- tion, which prevailed, that the com mittee ask the Senate to readopt the original gesolutions providing for the investigation. Thus, with it's authority reaffirmed. after. the adoption of the 1 Walshs annulment resolution, the com mittee will again give Mir. Fall opport- unity to make. any statement he may desire and to submit himself for ex- animation. Should he refuse the com mittee then will take up the question of contempt. Senators hold that they have ample authority under statute which reads:
 Whenever aswitness summoned as mentioned in section 102, (relating to witnesses summoned before congression- al committees), fails to testify and the facts are reported to either house, the president of the Senate or the speaker of tn house as the case may, be- shall certify the fact under seal of the Sem ate or House to the district attorney for the District of Columbia whose duty it shall be to bring the matter before the grand jury for their action"
 Testimony Would Not Hurt Him
 As to Mir, Falls contention that his testimony might tend to incriminate him in any. possible future court pro- ceedings, senators called attention to section S59 of the revised statutes, which says:
 No testimony given by a witness before either house or before any com mittee of either house of Congress shall be used, as evidence in any criminal proceedings against him in any case except in fthe prosecution for perjury committed in giving such testimony. But an official paper or record pro- duced. by him is not within the said privilege"