The Birmingham age-herald., 1924-10-22
.DOHENY SUIT VIES WITH CRIME AS COURT BILL Cancellation Hearing Packs Judge McCOr-
 mick's Chamber DEFENSE WELCOMES CHANGE OF VENUE Senate Hearing Is Much Mixed With Politics,
 Says Hogan
ORx Associated Pressl

LOS ANGELES, Oct. 21.- The opening session of the governments suit against the Pan-American Petroleum and Transport company to cancel the Elk Hills naval reserve oil leases granted the Doheny ln- tertsts flooded Federal Judge McCormack's court today with crowds that outnumbered those attending the sensational criminal trials held in Los An geles in the past several months.
 The governments amended bill of complaint charges conspiracy between Albert B. Fall, former secretary of the interior, and E. l.. Doheny involving the payment of $1O0,0O0 by Doheny to Fall, which was followed by granting of oil leases in the naval reserve to the Doheny interests, whose value in pos sible profits have been estimated by Doheny at $1OO,000, 900, Owen J. Rob erts stated the governments case brief ly.
 Welcomes Change
 The defendant welcomed the change of venue and expressed great satisfac- tion that the case was out of the sen- ate and before a federal tribunal, ac- cording to Frank J. Hogan, chief de- fense counsel.
 We are indeed pleased to have the suit removed from partisan politics, Hogan stated in reply to the govern ment's charges. "There is a wide con- trast between the way this case is pre- sented to this court and the way in which it was presented to the senate ln- yestigating committee.
 Hogan declared that i've have purpose tes pose. an ni most iucnnceivahle story of thes deliberate misrepresentation of known, or of easily ascertainable facts and the unblushing distortion of the truth which have made as unlike as day and night the case heretofore presented to the public and the case now to be submitted to this court"
 Counsel for the defendant declared that the part played by Albert B. Fall in making contracts with the Doheny companies twas so slight as to be almost negligible and the part played by Doheny while not quite so slight, was really un- important"
 Admist Secrecy
 A ready admission that secrecy to safeguard national defense plans was used in the negotiations in the leases held by the Pan-American Petroleum and Transport company in the Elk Hills naval oil reserves, was made by Hogan, in answer to charges earlier ln the day by Roberts.
 Hogan, arguing the governments charge that the leases were established through secret and competitive contrast with the United States declared there was no secrecy but that the secrecy was on the part of government officials who sought at the time nego- tiations for the oil leases were first taken up to keep confidential national defense plans being formulated.
 Offers Telegram
 The attorney cOntended, however, that there was no secrecy or conspiracy III the actual granting and contracts offer ing in support of that statement tele. gram from Albert B. Fall, secretary of the interior at that time, to Edward c. Finney, acting secretary of the interior, instructing him to award the contract to the Pan-American interests if approved by Admiral Robison and Secretary Den- by and make public the closing of the contract in the fullest and completest manner"
 Hogan, asserting that charges by the government of fraud and conspiracy will be disposed of by defense evidence and testimony, contended that the main is sue of the litigation will hinge around an interpretation of the legal authority vested in the secretary of the navy under the congressional act of June 4, 1920, which placed the naval oil reserve un- der the control of the secretary of the navy.
 Seeking to disprove the charge of conspiracy between Fall and k. l.. Doheny, head of the Pan-American in- terests, Hogan declared it was Secre.- tary of the Navy Denby and not Fall who sought transfer of naval oil reserve lease control from the navy department to- the department of the interior.