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

\ mt. Fall. you will please be
sworn" said Chairman Lenroot.
The former Secretary arose and
held his right hand higlr>as the Gus.
tomary oath was administered. AS he
settled back in his chair this ques-
ton was put by Senator Walsh, dem
Iocrat, Montana.
Senator Fall. do you care to, make
any further statement about matters
under consideration by the commit
tee2"
Declines to Answer.
| Unfolding typewriter manu-
script, the witness announced in 6
clear and firm voice that he declined
to answer. There was a Visible Still
among the spectators, who had ex-
lpected this session of the committee
to furnish climax to the long
months of hearing.
| Still in clear voice which carried
well around the big room, the one
time cabinet officer unfolded the rea-
| sons why he would not subject him.
self to further examination by the
committee.
! 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 1 remain outsider" the for
uncT asked.
IF you please"
"In 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
| do hah
closed doors the unexpected develop
ment in the proceedings.
The disappointed spectators took
up places outside. crowding the cor
ridors in three directions. Suddenly
opened and Mr.. Fall appeared ed." assist Mas
ed by friends. He made his way
rather laboriously down a corridor tc
the office of Senator Elkins of West
: Virginia, where he reclined on q
couch to await further word from the
| committee.
| 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.
/ loGrned until next Tuesday at 10 IN
Mr.. Fall was apprised of the decision
or the committee to recall him al
that hour and he left the building
1
Discuss Falls Challenge.
In it's executive discussion of Mr.
Falls statement there was some tall
! of contempt proceedings, but in the
/. main the committee addressed itself
| 70 the rather unexpected challeng,
! of its authority to go forward, on the
ground that the original authority
called for hearings only until the new
! Congress assembled.
| Lob
ton. which prevailed, that the com.
mittee ask the Senate to readopt tn,
| original resolutions providing for the
| investigation. Thus with it's author.
ity reaffirmed after the adoption O
| the Walsh annulment resolution the
| committee will again give Mr.. Fal
! opportunity to make any statement
| he may desire and to submit himself
for examination. Should he refuse
the committee then VIII take up the
! that they have ample authority under
| statute which reads:
| whenever a witness summoned a:
| mentioned In section l02 frelating t,
| sional committees)' failed 10 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 fac,
| under seal of the Senate or House Il
| the district attorney for the District
| of Columbia, whose duty it shall BIZ
| to bring the matter before the grand
jury for their action"
Cite Immunity Clause.
| AS to Mr.. Falls contention that his
| testimony might tend to incriminatt
him in any possible future court pro.
| ceedfngS, senators called attention tt
section $50 of the revised statutes
which says:
| mo testimony given by a witness
| before either house or before any com.
| mittee or either house Of Congress shall
be used as evidence in any crimina
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."
action for contempt of a 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 time wher
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 hearing:
which the House held to place him II
| contempt and a warrant for his ar.
rest was issued and the case certified
ton.
An early contempt proceeding be-
fore the Senate was that agains
William Duane, editor Of the Phila
{; delphia General Advertiser in 1900
as result of an article published IL
| that paper regarding Senate proceed
ings, which the Senate held to b.
! false, defamatory, scandalous ant
malicious" Mr.. Duane was cited be
| fore the bar of the Senate, but failed
| to appear and Thomas Jefferson, a.
president OF the Senate. signed i.
warrant for his arrest. The case wa
remanded to the courts at Philadel
phia, where Congress then was sit
| ting and Mr.. Duane was sentenced t,
two months in TAIL