Evening star., 1925-01-24
WALSH IS PRAISED
AS OIL WITNESS
Doheny Lawyer, However,
Regrets Senator's Speech
on Radio.


tana was called IAN admirable Wit
ness on the fundamental principles
OF American and European justice"
ty Attorney Frederic r. Kellogg of
New York, one Of the counse! for
Edward L. Doheny. the oil magnate,
In the course of his argument today
before Chief Justice Mccoy OF the
District Supreme Court for the quash-
the oil lease cases because of a radio
speech made by the Senator last
May while the grand Jury was In
vestigatlng the oil charges.
Tie lawyer referred to the state
rnent pccredited to Senator Walsh in
reference 10 the decision of Attorney
General Stone to place evidence
against Burton X. Wheeler. Senator
from Montana, before the local grand
jury.
Senator Walsh is reported as having
said tho attempt to bring the Wheeler
charges up in Washington "savored
of near persecution and was yiolative
OF what has long been regarded as a
fund amental principle of American
and European Justice" MIR. Kellogg
said IL was rearettable that Senator
walsh had not considered that great
principle before making the talk over
the radio, which the lawyer asserted
was intended to influence the grand
jurors in the hope Of bringing about
swift and condigH punishment on
men whom Senator Walsh had de-
clared TO be guilty in the oil cases.
George i. Hoover, attorney for
Harry F. Sinclair, lessee OF Teapot
Dome argued that when Congress en-
acted the law of February 5, 1924.
providing for the appointment of The
special counsel to prosecute any civil
or criminal cases that might arise out
this act OF Congress set up new ma
chinery for the prosecution of these
particular cases and thereby with
drew these cases from the operation
of the general laws respecting the
prosecution of offenseB against the
United States and the powers and
duties of the Attorney General and
the United States district attorney.
Cites Previous Process.
He pointed out that aince the es-
tabltshing of our constitutional form
of government proceedings before
the grand jury had always been sur
rounded with safeguards, so as TO
prevent the intrusion into the grand
jury room Of unauthorized persons
and that 1t was not until the passage
or the act of June so, 1909. that the
Attorney General was authorized to
appear before any grand Jury or TO
empower any attorney In the Depart
ment or Justice to so appear
Counsel further argued that when
congress passed the act providing for
the appointment of special counsel
ana clothed them with full power and
authority 20 Institute and carry on
any criminal proceedings that might
arise out of the transactions relating
10 the naval petroleum reserve that
1t thereby imposed upon these special
counsel the duty of prosecuting such
criminal cases and relieved the United
states district attorney of any duty In
that regard.
Attacks witnesses-
Neither the district attorney nor
special assistant to the Attorney Cen
eralr Pagan, had any lawful right to
appear before the grand jury, he as
serted, which made the Investigation
and returned the indictment against
Mr. Sinclair. In the course OF the
argument. Mr.. Hoover presented and
read to the court numerous decisions
of the Supreme Court Of the Cnited
States and of the federal appellate
courts, in which II was announced as
settled principle of law that where
q statute is enacted covering q par
ticular subject any general statute of
the United states which heretofore
might have embraced this particular
subject was by implication repealed
and rendered imperative, and that the
special statute constituted the whole
authority. BY applying this principle
of law to the case at hand, he urged
that when Congress provided for this
special method OF prosecuting the
cases against these defendants II
thereby superseded the general stat
utes relating to the powers and duties
Of the Attorney General and the dis
trict attorney and for that reason the
appearance of the unauthorized per-
sons required the Quashing Of the In
dictment.