Evening star. [volume] (Washington, D.C.) 1854-1972, 1924-02-03

An anteroom there was q general
; crantng OF necks to get a view of
! the man who has become the central
| figure In, the most sensational con-
Sressional investigation in recent
years. Mr.. Fall was made comfort
| able In a chair after he had removed
his hat and coat.
! man Lenroot. the ten members of the
! committee made their way Though
| the crowds to their seats around the
big mahogany table. Mr.. Fall fol-
lowed; accompanied sv by his counsel.
| Wharton, and a friend. The crowd,
| In which were numbered many sena-
| tors and representatives. gave way
! slowly in the narrow passageway to
the witness chair.
J Fall Walks Steadily.
| To outward appearances. at least,
! has been pictured. He walked stead
! lily. without assistance and without
| the use OF a cane. His face was ra-
| Their pale. following his long confine-
ment In bed. but there were few signs
| OF nervousness.
After Mr.. Fall had seated himself
| in the witness chair across the table
! from his tnQutsftors. some of them hie
former colleagues in the Senate. his
| counsel said that he desired to make
| Mr. Fall was ready for tho hearing"
but reminded the committee that he
still was under the advice of his own
physician and urged that the sena-
tors rem smber " "rla,,, ne Is advised as
/; Mr. Fall, you will please be
sworn" said Chairman Lenroot.
The former Secretary arose and
held his right hand high as the Gus
tomary oath was administered. AS he
settled back In his chair this ques-
tion was put by Senator Walsh, dem
ocrAt. Montana.
| Senator Fall. do you care to make
any further statement about matters
under consideration by the commit
tee?"
Declines to Answer.
Unfolding typewriter manu-
script. the witness announced In a
clear and firm voice that he declined
to answer. There was q. Visible stir
among the spectators, who had ex-
tpected this session Of the committee
to furnish q climax to the long
months of hearing.
Still in q clear voice which carried
we'll around the big room, the one
sons why he would not subject him
self to further examination by the
lcommittee.
The reading at an end. Chairman
| Lenroot announced that the commit
tee would go into executive session
and the room would be cleared.
Mr.. Fall, you may retire to an
| other ROOM" said the chairman.
Shall ! remain outsider" the for
| mer Secretary asked.
IF you please"
TN any particular placer"
| call"
Returns to Ante-Room.
While the crowd was making its
slow egress through the main doors,
Mr.. Fall returned to the anteroom.
! 1t was FIVE minutes before the room
could be cleared and the committee
take under consideration behind
closed doors the unexpected develop
ment In the proceedings.
The disappointed spectators took
up places outside. crowding the cor
rtdors in three directions. Suddenly
the door TO the anterocm was
ed by friends. He made his way
| rather laboriously down a corridor to
! the ONCE of Senator Elkins of West
Virginia, where he reclined on a
! couch to await further word from the
Although the executive session
dragged on for an hour. those who
had gone In search Of further sensa-
tons stuck to their posts, only to be
disappointed again by the announce
ment that the committee had ad-
Mr.. Fall was apprised Of the decision
OF the committee to recall him at
| that hour and he left the building.
returning to the Zevely home.
Discuss Falls Challenge.
In its executive discussion OF Mr..
Falls statement there was some talk
of contempt proceedings. but in the
main the committee addressed itself
! Of its authority to 60 forward, on the
ground that the original authority
called for hearings only until the new
Congress assembled.
Finally Senator Walsh made a mo-
ton, which prevailed, that the COM
mittee ask the Senate to readopt the
original resolutions providing for the
Investigation. Thus with its author
ity reaffirmed after the adoption of
committee will again give Mr.. Fall
opportunity to make any statement
he may desire and TO submit himself
for examination. Should he refuse
question OF contempt. S.nators hold
that they have ample authority under
a statute which reads:
whenever witness Summoned as
mentioned in section ioa frelating to
! sional committees) failed ~ testify
and the facts are reported to either
| house. the President Of the Senate
| or the Speaker of the House as the
case may be shall certify the fact
the district attorney for the District
| Of Columbia, whose duty 1t shall be
| to bring the matter before the grand
jury for their action"
! Cite humanity Clause.
| As to MIR. Falls contention that his
testimony might tend to incriminate
him In any possible future court pro-
ceedings. senator's called attention to
section $50 of the revised statutes,
| which says:
NO testimony given by a witness
| before either house or before any COM
be used as evidence In any criminal
proceedings against him in any case,
except In the prosecution for perjury
committed in giving such testimony.
| But an official paper or record produced
by him Is not within the said privi-
lege."
| Two outstanding presidents for court
| action for contempt of house of Con-
gress were cited. The most recent was
that Of H. Snowden Marshall. former
federal district attorney at New York
city. This was in 1916 at a time when
a committee Of the House was taking
testimony in an Impeachment hearing
| against Mr.. Marshall
/ The attorney wrote a letter to the
/, committee regarding the hearings
which the House held to place him In
contempt and q warrant for his ar
\ rest was issued and the case certified
to the courts In New York for ac-
tion.
| An early contempt proceeding be-
! fore the Senate was that against
1 DNane- a
delphia General Advertiser in 1900
as a result of an article published In
! that paper regarding Senate proceed
1 inRa, which the Senate held to be