Atlanta tri-weekly journal. [volume] (Atlanta, Ga.) 1920-19??, 1924-02-07

telnrore, he will immelii& tely chal-
lenge that document as invalid and
challenge the right of the district at
torney TO present it to the grand
jury,
Claims Fan Prejudged
Claiming That The senate mas pre-
judged Han 10y unanimously passing
the Walsh resolution, declaring the
oil leases TO be contrary to law and
executed under circumstances lndi-
eating fraud and corruption, the
attorney said his client would utilize
every possible legal point to put his
case in the courts and take it from
the jurisdiction Of al investigating
! tribunal, which has already eX-
pressed an opinion, and attempted
to conStrue law, instead of legiSlat-
ing. This may cause indefinite de-
lay.
1t is contended that Falls position
is strengthened because of the un,
usual circumstance that Mr.. Cool
idge has gone to the White House,
, and that with differences of opinion
existing, even in the senate, the SEN
ate should have made certain of
{
lily of electing, a this session,
president pro tempOre or designating
a senator as acting president of that
body.
1t was the original intention of OPP
pOHents of SenatOr Cummins to force
vote on his election as president
pro tempore of the present senate,
and there was a Democrat and in
surgent Republican lineup against
Cummins. Opponents of Mr.. Cum
minis, however, reached a gentle
mans agreement not to press the
fight on him as president pro tenn
pore after he was removed from the
craftsmanship of the seRate COM
mittee on interstate commerce.
Senate Action
What the senate Will do when it
learns of the strategy of former
Secretary Fail and his attorney to
thWart contempt proceedings and
RAISE Two technical points OF law
ami constitutional procedure could
not be forecast here today. 1t was
learned, however, on excellent au-
thOrIty, that the advisers and at
torney of Secretary Fail intend not
only TO raise these points i'll court,
but to use amy other technical OBJ
jections and conflicts III law, which
will aid Fall in escaping d fine ana
jail sentence.
The statutes provide that any per-
son found guilty of contempt, of
either branch of congress or it's
committees shall be fined from 500
to 81, 900 and imprisoned in a com
mon jail for a period Of not less than
one month aud not more than II
months. The word is land" instead
Nof cor" and Fall possibly faces a
Jail sentence.
To meet previous objections and
points raised by Fall, the senate, on
motion Of Senator Walsh, intends to
re-adOpt on Thursday the resolutions
Of inquiry, under which the oil LEASE
investigations have been proceeding
Senator Walsh did not concede the
point, but is taking no chances.
Meanwhile, the examination of
Fall is held up pending further ac-
ton by the senate. He is to reap
pear Friday when he will again re-
fuse to testify on the ground thar
ne is before q committee of q bOdy
which mas voted to condemn his Of
fetal acts. Therefore, Fail claims.
be is entitled TO recourse to any
points of law, technical or broad, TO
protect hmselfs
His Forthcoming maneuVer may
r2quxe the senate to amend another
law or to make sure that Senator
Cummins has authority to sign
writ of contempt
INJUNCTIONS TO STOP OIL
EXTRACTION TO BE ASKED
WASHINGTON. Feb. 5.-Injunc-
ton proceedings to prevent further
extraction of oil from the Teapot
Dome and Elk Hill reserves will be