Evening star., 1925-11-30
INDICTMENT GOOD, .
DECLARES LEAHY.
Prosecution in Wheeler Case
Claims New Element Enters
Into D. C.. Charges.

The views Of the prosecution on
the sutticiency Of the conspiracy in
dictment against Senator Burton Il.
Wheeler Of Montana, Edwin S. Booth.
former Assistant Attorney General Of
the United States, and Gordon Camp
bell. oil operator Of Montana, Were
set forth today before Justice JeE-
nings Bailey OF the Supreme Court Of
the District Of Columbia by William
f. Leahy. special assistant to Attor-
ney General Sargent for the Wheeler
case. Leahy made the only argument
for the Government and took up in
order the points made by Senator
Thomas J. Walsh of Montana on be
half OF Wheeler and by Attorneys
Jesse B. Root Of Montana and Ber-
trand Emerson OF Washington for Mr..
Booth. in opposition to the indictment
and in defense of a plea that Wheeler
already had been acquitted Of the
charge.
Senator Walsh had declared the
statute does not limit the number of
permits a prospector for oil and gas
on the public domain might secure
and consequently there was no offense
in using dummy entrants to secure q
large number Of such permits as IS
charged to be the basis OF the con
spiracy indictment. In answer TO this
contention Leahy said: ITO permit
unlimited number OF permits under
the construction of the act of Febru-
arY %, 1920, as Contended by Senator
Walsh in his able argument. would be
10 throw opon the public lands OF the
United States, which may contain
valuable deposits Of oil and gas. to
possible monopoliZation beyond any
thing ever known in the history Of
our country. Congress could never
have intended 10 allow such result to
now from any such enactment and
the construction placed on the statute
by the Government must be correct
or the country should learn OF the
fatal omission by Congress at once"
Leahy pointed out that Il fair inter
pretauon of the statute limited the
number of permits for OIL and gas eX-
ploitation TO one for each person, as
the Ia" uses the language "a permit" i"
ana also provides there shall be only
one lease 70 each prospector A per-
NIT = but the 'furerunuer" OF d lease
according 70 the Interpretation and
rulings Of the Department OF the In
terror, which has been clothed with
the administration Of the public la nd
laws. Leahy Contended, and Is bound
by the same limitations as the lease
The exception as 10 Alaska, on which
Senator Walsh relied as proof that
Congress never intended 70 limit the
number Of leases, Leahy asserted, was
merely a Undertaking. by Congress be
cause Of the hardships of that region. 4"
Taking up the plea of Wheeler that
the court is without jurisdiction 10
try him here because he vas acquitted
Of the same charge in Montana, Leahy
declared the plea insufficient.
He said 1t does not meet the Se-
qlirernents Of former jeopardy" s
interpreted by the United States Su
preme Court. There IS also an addi
tional element IN the present indict
ment, he urged. In the Montana
case ii was charged Wheeler agreed
to receive money for using his in
fiuence after he had been elected TO
the Senate. but here he Is alleged 10
have participated knowingly in a con
spiraCy TO defraud the United States
and il made no difference if he agreed
to take money or not.
A. to the plea Of counsel for Booth
that he should have been indicted
under Section IL of the penal code
instead Of for conspiracy. Leahy
claimed that Booth entered into the
alleged agreement TO get the dummy
permits for the purpose OF aiding in
the fraud against the Government.
and the conspiracy indictment is
good. even if he may also have been
indictable under a number Of other
statutes. Conspiracy. he said, might
contemplate the commission Of any
number OF crimes in furtherance Of
its purpose.
Attorney Charles A Douglas of
Washington will make the closing
argument on behalf OF Senator
Wheeler this afternoon.