Imperial Valley press., 1925-06-20
Chaos of Teapot
Dome ROlu Takes
Year TO Settle
By WILLIAM L. GOSH
Omitted Press Staff Correspondent

"NSiilNt loN, June ZU.--OHlV
the United States supreme court
can bring harmony out Of the clash
ing decisions rendered by Federal
Jadges Mccormick and Kennedy on
vital, identical points IN the Tea
pot Dome and Elk Hills oil lease
case.
Both are certain to land in the
high tribunal. the Dohenv ease by
way of his own appeal and the Sin
clair case through appeal by the
government attorneys. Both will
go through the circuit courts of ap-
peal, entailing ycar or more be
fore the supreme court receives
them, unless there is agreement to
expedite them to final decision.
One crncial point common e both
cases was the legality of the eNccu-
tive order issued by President ilard.
ing transferring administration of
the naval oil reserves from the
navy department TO the interior de-
partment.
Judge Mccormick, in holding tho
Doheny leases illegal, declared this
action was in excess of the prcsi-
dents power. Judge Kennedy held
that the order was legal bat imma-
terial.
This is only sample Of tho vary
ing findings of facts in tho two
eases which must somehow be har-
manized. II is not customary for
the higher federal courts 20 rule Un
findings Of fact in the lower courts
rs they usually restrict themselves
10 points of law. but such diane
trieallv opposed findings will com
pei them to rcasscss the evidence.
Other Differing Opinions
The othcr vital points on which
the Judges found differently on sub
ftantially the same evidence were:
Loans to Albert b. Fall, for
mer secretary of the interior
Judge Kennedy held that the $4,000
given Fall by Sinclsir's attorneys
was clearly retainer for Fall s
services 10 Sinclair in Russia after
retiring from the cabinet. Judge
Mccormick denounced the 100000
given Fall by Dohenv as "colossal
infamy. regardless of whether it
was n bribc. gift or loan. -
2.-Secrecv of the leases. Ken
ncdy held there was no necessary
secrecy in leasing Teapot Dome,
though Mccormick held that infor-
nation concerning the Dohenv
leases was deliberately withheld
from congress and the puh!ic.
3.-Exchange Of oil. Kennedy de-
rlared the government could pay
for construction work in oil instead
Of cash. whereas Mccormick insist
ed that this was an Illegal usur-
patton of power of congress over
expenditures in the executive dc-
partments.
1.-The government s position IN
der the leases-Kcnnedy held the
Teapot Dome lease was good ono
for the government and that facr
in itself compelled the conclusion IL
should not be set aside. Mccormick
said in the Elk Hills case: "The
in Jury that has been done the ma
ton. as well as the distrust Of pin
lie offices it has caused, cannot nc
overestimated. y r
THREE RIVERS. n. NJ June
20.-The Teapot Dome decision
merely fulfilled the expectations
of Albert r. Fall, former secretary
of the interior. he said in state
mcnt to the United Press.
'I have. no statement excent 70
reiteratc my mistaken confidence
in the courts, despite another anH
recent decision. ] have never on
tertained the remotest doubts as 70
tho final outcome Of civil trials con
oerning the oil lease nor of any
criminal charges despite the rawlings
of some senators and despite the
methods of senatorial comhittees.
"Eventually those who care for
the same win be fully Informed as
IA nv side of the oil matters.