New Britain herald., 1924-02-07
Senate Investigation Com mittee Decides That He Can Not Be Compelled To Talk If He Might Be In.fiminated d Later
Further Witnesses to Be Called in Teapot Dome Affair as Probe Continues Tomorrow.

Washington, Feb. 7.-Further ef- forts to question Albert B. Fall. cen tral figure in the senate oil investiga- ton were abandoned today by the oil committee.
 The decision was reached upon ad- vice of the special government coun- sel in the oil cases, Silas II. Strawn and Atlee Pomerene. They recom- mended against permitting Mr. Fall to testify unless he waived immunity.
 A memorandum submitted by Mir. Strawn and MT. Pomerene said:
 If the committee should undertake to compel a witness to answer under duress, either by contempt proceed ings in the senate, or through the criminal process provided in section I04 of the revised statutes, necessar- fly the government would be forced to take the position that section s59 is co-extensive with the immunity pro- vision of the fifth amendment to the constitution.
 Testifying Under Compulsion
 If the witness is menaced by threat, either of punishment for con tempt or proceedings in the district court of the District of Columbia, he may acquiesce and testify. claiming that he is testifying under compul- sion.
 Such a witness might assert that under the constitution he cannot be compelled to be a witness against himself and that, if indicted for an offense relating to the subject matter about which he is compelled to tes- tify, he would be immune against the use of such testimony.
 The government being forced to take the position as above indicated, that section S59 is co-extensive with the immunity of the fifth amendment, the witness would doubtless insist that tho position taken by the government above referred to would work his complete immunity. xxx
 Danger In Forcing Testimony
 The danger of proceeding along these lines is that in the prosecution of witness who might subsequently, be indicted for an offense about which he is compelled 10 testify. the lire of distinction between the evidence which the defendant was compelled to give and the other evidence obtain- ed as the result Of his testimony might be so indefinite as to make it practically impossible to distinguish and therefore the probability of error would be great. Indeed the testimony of the witness and the other evidence might be so commingled as 10 pre- clude the acceptance of any evidence concerning the subject matter.
 "in view of the provisions of the fifth amendment we advise against permitting Mir. Fall to testify unless he valves his constitutional privilege"
 Senator walsh's Motion
 After considering the recommenda- ton of counsel for an hour, the com mittee adopted this motion by Sem ator Walsh, democrat, Montana:
 "The witness, Albert B. Fall, having refused to answer any questions that might be put to him touching the matters under investigation by the committee, on the ground that his evidence might tend to incriminate ! him and the committee being advised by counsel that ths statute provid- | ing that witness should not be ex- 1 cused from testifying before con- grossional committee on such ground l being less broad in it's scope than the constitutional guaranty, so that pro- ceedings for contempt or by indict- rnent against the witness for con ttfniacy would probably fail. and that | ii the witness proceeded to testify be- fore the committee under protest he | might gain immunity from prosecu- ton, and the committee being advis- cd by the attorney for the witness X that his purpose to stand on his com stitutional rights is irrevocable, ' nose that the subpoena issued for | the witness. Albert E. Fall, be yacat- l ed and that he be released from further attendance on the commit tee"
 Not surc Of Witnesses
 The committee will resume it's in- | vestigation tomorrow. but Senator Walsh has not yet determined which of the score or more of witnesses for whom subpoenas have been issued will be called.
 Among new witnesses summoned are Frank o. wetmore, of the First National bank Of Chicago, and Presi- dent Meidsn TrayIor of the First Trust & Savings bank. Chicago. who are expected to give information con- cerning the sale by former Secretary Fall Of the AibuauerqBe, New Mexico. Journal to Carl C. Magec.
 Fred c. Bonfiis publisher Of the Denver, Col. Post. has requested that he b. heard. and has informed Sen ator Walsh he has information Of first importance.
 Thomas Johnson. foreman Of Mr. ralrs New Mexico ranch. will be ready 10 testify tom6rrow. and a number of stock brokers also are un- der subpoena
 In undertaking to trace possible oil stock transactions by government of- fcials fhe committee has made for