Evening star., 1927-03-13
FORMER DECISION
MAY AID DOHENYS
Court Ruling Years Ago in
Bribery Case Threatens
Oil Prosecution.

A decision of the District Court of
Appeals, rendered some years ago in
bribery case may prove stumbling
block to the efforts of Atlee Pomerene
and Owen J. Roberts, special counsel
for the Government in the oil prose-
cution, and United States Attorney
Peyton Gordon. to bring to trial on
the bribery indictment Edward l..
Doheny and his son, Edward l..
Doheny, jr., OF Los Angeles. The
elder Doheny was acquitted last
December on an indictment charg-
ing a conspiracy to defraud the
United States in securing the lease
to the Elk Hills naval reserve in
California.
Since the United States Supreme
Court has sustained the Govern
ments contention about the validity
of the lease and has held that for
mer Secretary OF the Interior Albert
B. Fall had no authority to make It,
that they will ask the District Su-
preme Court to set down for argu-
ment early In April the demurrer
filed by Frank j. Hogan, counsel for
the DohenyS, to the bribery indict-
ment. which was returned June 80,
1924. The charge is based on an
alleged bribe of 100000. given to
Fall when he purchased land at Three
Rivers, N. Mex. adjoining his farm.
The money was brought to Wash
ington by Edward l.. Doheny, jr.. in
the now famous little black bag"
and ON the witness stand in the con-
spiracy trial the elder Doheny said
it was loan to his old friend.
in f~A IN
dered by Justice Charles III. Robb
on the appeal of Peter G.. Thomson
from an order of the District Supreme
Court overruling his demurrer to an
indictment charging him with bribing
a man named Zantzinger who had
been designated by the Postmaster
General to pass on the quality of
paper furnished for post cards under
a Government contract.
While the appellate court held with
the Government and sustained the in
dictment it pointed out that the
records showed Zantzinger had the
specific duties OF passing on the
quality Of paper and was the subject
of bribery. but laid down the law that
bribery could not be sustained unless
the giving and offering of money was
to "sone one charged by law with
acts, official in character and within
his legal duties
The court in that opinion quotes
with approval the decision of the Su-
preme Court of Missouri that there
is no rule so unfailingly adhered to
by the courts both State and Federal,
as the one that there can be no
bribery of any officer to do a par
ticular act that the law requires or
imposes on him the duty Of acting"
May Claim Assumption.
Counsel for the Government is ex-
pected to claim that while the execu.
tive order of President Harding was
invalid yet Fall assumed to act in
the signing of the lease and as he
was a de jure officer of the United
States does not matter whether he
was acting de jure or de facto as
long as the accused thought he had
the right to make the lease and dealt
with him under that assumption. In
that view of the law, it is expected,
they will assert that a payment of
money to him to influence his action
would be bribe.
Government counsel, it has been re-
ported, seek to have a trial on the
bribery case before the Fall-Sinclair
conspiracy trial, which is scheduled
tice Hoehling. before whom the de-
murrer of Mr.. Hogan probably win
be argued, should adopt the view of
the prosecution If the argument is
not held on April 8, date which has
been mentioned. it Is regarded as
doubtful that the case could be heard
before the time scheduled for the con-
spiracy trial. 1t is considered not
improbable that a. plea. OF former
jeopardy might have TO be considered
BY the court should the demurrer be
overruled. s
Much evidence was oeffred at the
Doheny conspiracy trial last Decem-
Der about the payment OF the $780,
900 to Fall and stress was laid on it
In the arguments made by both sides.
Roberts contended 1t was a brfbe and
q proof Of the alleged conspiracy.
Hogan insisted II was merely u loan
and the jury appeared to adopt the
view Of it. Counsel for the defense,
It Is said would claim that as the
same evidence would be required to
prove the charge Of bribery the elder
Dohony w4uld be twice placed IN
Jeopardy a violation Of the Consti.