Atlanta tri-weekly journal. [volume] (Atlanta, Ga.) 1920-19??, 1924-02-05
OIL PROBERS PLAN
To FORCE FALL To
GIVE HIS TESTIMONY

Former Secretary to Face
Contempt Charge Unless
He Answers Questions OF
Committee
WASHINGTON, Feb. s.-Albert
B. Fall declined today to TESTIFY
further before the senate oil COM
mittee which seeks more hght on
the unpaid loans aggregating Sl25'-
600 made to him by e. l.. Doheny
and Harry F. Sinclair, whose oil
companies obtained leases Of naVai
oil reserves from him while ne was
secretary Of the interior.
Hailed to the capitol over the pro
tests of his physicians and counsel
Mr.. Fall, in a prepared statement,
challenged the authority of the COM
mittee to continue the lnVestlSa'
lion and refused to answer cues
ons on the further ground that
4 ia responses might tend to norma
nate him in court proceedings au-
thorized by congress In the Walsh
annrlment resolution. Want of au'
thority by the committee to proceeo
further with the inquiry was basec
,1pon two grounds-that the original
resolutions of the senate PROVIDED
for the holding of hearings only un-
til the converting OF this congress
and that congress in adopting the
Walsh resolution had taken the
matter out Of the hands of the COM
noittee and placed it in the courts.
Voting to obtain new grant Oh
authority from the senate next
Monday, the committee directed MI
Fall to appear again next TUESDAY.
should he persist in his refusal to
testify at that time senator's SAID
the issue of contempt would be
clearly drawn. Under the law ana
precedents he could be held in con-
tennnt and the fact certified to the
{ nresident of the senate who WOULD
submit the matter to the district at
torney of the District of Columbia
whose duty it would be to bring the
matter before the grand jury for
their action.
Upon Indictment and conviction
Mr.. Fall would be liable to imprlson'
ment in "a common jail for not
less than one month nor more than
twelve months and fine of not less
than 500 and not more than Sl,00O.
Still another course would be
open, that of impeachment by the
house and trial by the senate on
the basis of his official acts. In the
case of w. w. Belknap, secretary of
war in the Grant administration,
both the house and senate held that
impeachment proceedings would lie
even after a cabinet officer had re-
tired from office. Impeachment
proceedings were not pressed in the
Belknap case, however.
Coming by automobile from the
home of j. w. Zevely, personal at
torney to Harry F. Sinclair. where
he has been confined to his bed
since his arrival here from New
Orleans ten days ago, Mr.. Fall
reached the committee room prompt
ly at 10 a. M, the hour named III
the new subpoena issued for him
yesterday after the committees
medical commission had reported he
was able to appear for examination
The committee was late in assem-
Hing. but not so the spectators. The
big hearing room was packed and
as the former secretary appeared in
an ante-room there was a general
craning of necks to get a view of
the man who has become the central
figure in the most sensational con-
Jgressional investigation certainly in
recent years. Mr.. Fall was made
comfortable in chair after he hao
removed his hat and coat.
The wait was brief. Led by Chair
man Lenroot the 10 members of the
committee made their way through
the crowds to their seats around the
big mahogany table. Mr., Fall fol-
lowed, accompanied by his counsel,
Levi Cooke; his physician, DR.. John
Wharton, and friend.
The crowd, in which were num-
bered many senators and representa-
tives, gave way slowly in the nay
row passageway to the witness chair.
To outward appearances, at least,
nv. Fall was not the broken man he
has been pictured. He walked stead
lily, without assistance and without
the use OF a cane. His face was
rather pale following his long con-
finement in bed, but there were few
Arns of nervousness.
SWAfter Mr.. Fall had seated himself
in the witness chair across the table
from his inquisitors, some of his
former colleagues in the senate, his
counsel said that he desired to make
a brief statement. He announced
that Mr.. Fall was ready for the
hearing" but reminded the com
mittee that he still was under the
advice of his own physicians, and
urged that The senators remember
what he is advised as to his phys
ical condition"
"Mr. Fall, will you 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
question was put by Senator Walsh
Democrat, Montana:
Senator Fall, do you care to make
any further statement about mat
tiers unoer CoQSlueralloA ny eho YIN
. mittee?"
Unfolding typewriter manu-
J script, the witness announced In
clear and firm voice that he de
) clined to answer. There was 9
visible stir among the spectators
! who had expected this session OF the
COMMITTEES to furnish climax to the
. long months of hearing.
Still in clear voice which carried
we'll around the big room, the one
! time cabinet officer unfolded the rea
: sons why he would not subject him
8 self to further examination by thf