Evening star., 1926-11-30
DAUGHERTY UNABLE
TO RECALL GIVING
OIL LEASE OPINION

Continued from First Page)
the visit a. discussion Of Falls plans
for enlarging his ranch at Three Riv.
ers, N. Mex, was held. During this
discussion, the witness continued, the
question Of financing the plans was
brought up, and Mckinney offered to
furnish money to carry out the prof
Chase added, Mckinney told Fall to
get in touch with him whenever he
| needed the money.
So, the witness said, Fall tried to
get in touch with Mckinney to get
the money in 1921, but the latter
could not be reached. In the mean
time, Doheny had made the offer, and
it was accepted.
Urged Money Be Repaid.
Then Chase told of McKinneys &C.
companying Fall on a trip in the
West, during which Fall told about
Doheny giving him the money. Nc
Kinney, according to Chase, suggest
ed that Fall borrow the money i'm
mediately and with it repay Doheny,
so that he, Mckinney, would be the
creditor Fall, Chase explained, said
later on.
Mr.. Roberts then asked the witness
IL he went to Cleveland for the pur-
pose Of inducing Mckinney to assume
responsibility for the loan Doheny
had made. to which the witness re-
piled, No" There was no cross ex-
animation by defense counsel.
Forty-five minutes or more were
consumed by counsel for the Govern
ment and the defense in identifying a
Voluminous mass of records which are
to be brought up at various points Of
the proceedings. About 40 letters,
documents and telegrams dealing with
the leases and contracts as well as the
bids were ordered from the files from
each side. Included in these were
retary Of the Interior Finney in
which it was explained the Navy De-
partment favored the Doheny bid.
Daugherty Is Called.
Mr.. Daugherty then was called by
the Government as the next witness,
"out of order" as explained by At
tOrney POmerene. AS a matter Of
Identification he testified that he had
been Attorney General from March s.,
1921, to March %, 1924, though he
was not certain as to the latter date
Mr.. Daugherty said that he knew
the defendant, Fall, and upon being
asked If he knew DENLY, replied, 81
never saw him but once in my life. I"
Mr.. Pomerene interrupted to say
that 1t was Secretary Of the Navy
DENLY about whom he was inquiring.
"Oh, 1 thought you meant Mr..
Doheny," Daugherty answered. He
replied that of course he knew DENLY,
a fellow cabinet officer.
Government counsel asked the for
mer cabinet officer what he knew
about the Pearl Harbor contract of
April 25, 1922. Daugherty said that
he didn't believe he ever saw it: that
If he did, it had entirely escaped his
memory. II can't say that l remem-
ber the contract, as a matter of fact,
he said. until all the publicity arose
about it,"
Upon being asked if he, as Attorney
General, had ever been called upon
to render an opinion upon the legality
Of the contract Of the naval reserve
lease, Daugherty replied that his rec
objection was that he was never
asked for an opinion on either.
Knew Nothing of Order.
The executive order of May 1, 1921,
under which the naval reserves were
transferred to the Interior Depart
ment was brought up at this point.
Daugherty said he knew nothing
about it. The Government counsel en-
deavored to ascertain whether he had
ever rendered an opinion on its le-
gality, but Mr.. Hogan objected.
Mr.. Hogan thereupon took up the
cross-examination of the witness and
inquired at length into the manner in
which legal opinions are rendered by
the Attorney General.
The line Of questioning tended to
bring out that it is not always the
case for the Attorney General to be
asked for legal opinion, and that in
many cases the Attorney General sim
ply signed his name to papers pre-
pared by assistants in his office.
AS a general thing, Daugherty tes-
titled, unless there is some doubt
among the legal staff or some dispute
between the several departments, the
Attorney General is relieved from the
duty Of rendering opinions in person.
Mr.. Hogan asked If he had any rec
objection with regard to the with
drawal of oil reserves or the exchange
Of oil.
Never Asked for Opinion.
Officially, Daugherty had none. He
said he had no recollection of ever
having been asked for a "curbstone
opinion" as he termed it. The former
Attorney General then went on to ex-
plain what he meant by "curbstone
opinion" He said that at cabinet
meetings various topics were discuss
ed and his opinion asked about them.
II made it a rule" he said, that
while 1 was willing to discuss these
matters, 1 always told fellow-members
Of the cabinet that, If they wanted an
opinion, they should put it up to the
department officially. Every official
opinion that have rendered is of rec
ord" He added that he made it a rule
never to be responsible for ANYTHING