Evening star., 1924-05-03
SINCLAIR CASE TAKEN,
UNDER AMUSEMENT
Justice Hoehling May Give Writ
ten Ruling on Validity of
Contempt Charges.
U. S. CLOSES ARGUMENT
Prosecution Holds Question in Oil
Inquiry Pertinent.

Justice Hoehlins OF the District
Supreme Court today took under al
visement the question OF tho validity
of the indictment which charges
Harry F.. Sinclair, lesgee OF Teapot
Dome. with contempt OF the United
States Senate in refusing TO answer
questions propounded 70 him by the
oil investigating committee. He will
probably render a written opinion
after examining the cases cited By
counsel for the oil magnate and for
the government.
United States Attorney Peyton Cor
don closed the argument for the
prosecution today and Attorney
George p. Hoover of counsel for SIN
clair, answered the contentious OF the
government and restated the claims
OF Mr.. Sinclair that the Senate lacked
power to inquire into what he con
sidered his private affairs.
Mai. Gordon urged that the indict-
ment made the allegation that the
questions put to a,,, Mr.; slneiair sstdro were
committee and such allegation could
not be successfully attacked by de-
murrer or motion to quash. 1t is 4
matter Of judicial determination, ne
admitted, but cannot be determined
until the trial is held, he asserted.
senate ResolutioR Explained.
The Senate resolution enlarged tho
powers of the committee and aU-
thorized its members to inquire into
whether or not future legislation as
TO naval reserves should be passed
said Mai Gordon, even after the Sen
ate had authorized the bringing Of
suits to void the oil leases. The points
raised by the motion TO quash, the
prosecutor declared, are all matters
of defense and must await the in
PRODUCTION of evidence at the trial
Mr.. Hoover challenged the state
ment of counsel for. the prosecution
that the inquiries wero put TO Mr.
Sinclair in good faith by the Senate
committee. and asserted the questions
were mere subterfuge 10 secure in
formation beyond the scope Of the
committees power. The question OF
the pertinency OF the inquiries, he
said, was not governed by the rule
laid down in decisions in conspiracy
cases to which the lawyers for the
government had referred. Mr.. Hoover
satirically referred to the arguments or
government counsel as the ,"most re-
markablc' he had ever heard, and as
sured Justice Hoehling that he did
not intend to go outside the record
as had the gentleman from ONO tSen-
ator Pomerene), or TO follow Ny
ROBERTS In picking pTfrnTOSeS- M
Roberts, in giving an example during
his argument yesterday. said that an
indictment might contain the state
ment, Mary was picking flowers in
the White House grounds" when II
might have been in code and referred
to the picking OF letter boxes in viola
tion of law.
Limitations on Congress.
Mr.. Hoover pointed out the liTita-
tions put on Congress by tho Cor
sti3ution- and declared that it was
different with state legislatures
wherein ali legislative power of the
state was ceutered He reviewed the
decision OF Justice Miller in the Kill
bourne. case. where il was declared
Congress had no right TO inquiry into
private affairs and read to tho court
excerpts from Justice Milfers book
on tho Constitution Ia which he
reiterated the same views s...'-
:. Mr.. Sipelair's 1awYef ridiculed the
contention. of the government that
usage had given the Senate power TO
compel witnesses to=Answcr. Senator
PoInereno had stated that Congress
had exercised the power for moro
than 100 years and that usage had
ripened into power. Mr.. Hoover
pointed out decision of the United
states Supreme Court in the Millikcn
case, which he claimed declared that
power gould not grow out. of nero
usage. ~.