Evening star., 1924-02-07
StraWn and Pomerene Rec
ommend Hearing Be Denied
Until Former Secretary
Valves Immunity in Case.
SENATORS SEE DANGER
OF PROSECUTION FAILING
Giving of Testimony Before Sem
ate Body, if Forced, Might Per-
NIT Witness to Win Victory in
Courts Later, Special Counsel
Advise.

Advise.
Further efforts to question Albert
3. Fall. central figure in the Senate
oil investigation, were abandoned to-
day by the oil committee.
The decision was reached upon ad-
vice of the special government coun-
sci in the oil cases, Silas II. Strawn
and Atlee Pomerene. They recon-
mended against permitting MIR. Fall
TO testify unless he waived immunity.
Without debate. the Senate today
adopted a resolution reaftirming the
authority of the oil committee to
proceed with it's investigation. The
jurisdiction of the committee had
been challenged by Mr.. Fall, former
Secretary OF the Interior. in his re-
fusaI to testify before the committee
last Saturday.
Also, without discussion. the Senate
adopted the Walsh resolution direct
ing the Interior Department to move
for the recovery of the section of the
Elk Hills naval reserve, in California,
held by the Standard OIL Company Of
California.
tion of counsel for an hour, the COM
mittee adopted this motion by Sen
stor Walsh. democrat, Montana:
THE witness, Albert B. Fall. having
refused to answer any questions that
might be put to him touchinsN the
matters under investigation by the
committee. on the ground that his
evidence might tend to incriminate
him, and the committee being ad-
vised by counsel that the statute pro-
viding that Il witness should not be
excused from testifying before "a con-
greSSional committee on such ground,
being less broad in it's scope than the
constitutional guaranty, SO that pro-
oDn In n M tow INNrI Iyp6t ~
ment against the witness for con-
tumacy probably would 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 advised
by the attorney for the witness that
his purpose to stand on his constitu-
ylonal rights is irrevocable, L move
that the subpoena issued for the wit
ness, Albert e. Fall, be vacated and
that he be released from further at
tendance on the committee"
Counsel Advises PrObers
A memorandum submitted by Mr..
Strawn and Mr.. Pomerene said:
If the committee should undertake
10 compel witness to answer under
duresS, either by contempt proceed
iags in the Senate or through the
criminal process provided in section
G04 of the Revised Statutes, necessari-
ly 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.
III the witness is menaced by q
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 witness against
himself and that if indicted for an
Gffense relating to the subject mat
ter about which he is compelled to
testify he would be immune against
the use of such testimony.
The government, being forced to
take the position as above indicated,
that section $50 is coextensiye with
the immunity of the fifth amendment,
the witness would doubtless insist
that the position taken by the gov
trnment above referred to would
work his complete immunity
The danger of proceeding along
those lines is that the prosecution Of
. witness who might subsequently be
indicted for an offense about which
he is compelled to testify, the line of
distinction between the evidence
which the defendant was compelled
to give and the other evidence OBJ
1ained as the result of his testimony,
might be SO indefinite as to make it
practically impossible to distinguish,
and. therefore, the probability of
testimony of the witness and the
other evidence might be SO COM
, mingled as to preclude the acceptance
of any evidence concerning the sub
iect-matter.
I'm view Of the provisions of the
fifth amendment. we advise against
permitting Mr.. Fall to testify unIeay
iege."
The committee will resume its in
Walsh has not yet determined which
OF the score and more of witnesses
for whom subpoenas have been is
sued will be called.
Among new witnesses summoned
are Frank o. Wetmore of the First
National Bank of Chicago, and Presi-
dent Melden Traylor of the First
Trust and Savings Bank, Chicago,
who are expected to give information
concerning the sale by former Secre-
tary Fall of the Albuquerque, ". M.
Journal to Carl c. Magee.
Fred G. Bonfils. publisher of the
Denver, Col, Post, has requested that
he be heard, and has informed Sena-
tor Walsh he has informa ton of first
Importance.
Thomas Johnson. foreman Of Mr..
Falls New Mexico ranch. will be
ready to testify tomorrow, and a
under subpoena
Partisan politics was injected again
today into the Senate debate on the
oil leases
After Senator Walsh had read a
newspaper editorial suggesting that
President Coolidge ask Secretary
Denby and Attorney General Daugh-
erty for their designations, Senator
Willis, republican, Ohio, read from the
proceedings of the democratic national
fIa IN, yrvh{ {nt, -
ward L. Doheny was placed in nomi-
nation for-the vice presidency
senator Harrison. democrat, Mis-
sissippi. declared he knew that Do
heny had voted the republican ticket
in that year because the democratic
presidential candidate had announced
that he would not use the military
forces of the United States to protect
oil spectators in Mexico" 49,
Il would like to inquire" said
Senator Glass. democrat, Virginia, if
there was any reference in that nomi-
eating speech to the skill of the pro-
posed candidate in bribing republican
ca,taat oflicers?'