Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-04-08
Supreme Court Decision Holds
Capitalist Must Pay $500
Fine, as Well as Spend
Three Months in Jail.
REFUSED TO ANSWER
TEAPOT DOME PR0BERS
Justice Butler Delivers Verdict.
Emphasizes Importance of Pro-
tecting Individuals Private AZ
fairs, but Holds Questions Were
Not of That Character.

The conviction of Harry F. SIN
clair for contempt for refusing to
answer questions during the Tea
pot Dome investigation by the
Senate oil committee was ap-
proved today by the Supreme
Court.
Under the decision the oil
operator must serve three months
in Jail and pay fine of $500.
Justice Butler, who some
months ago delivered the opinion
cancelling the naval oil reserve
leases, spoke for the court.
Emphasizing the Importance of
protecting the individual from
unreasonable and arbitrary dis
closure of his private affairs, he
said that questions put to Sin
clair were not of that character.
The fact that the information sought
by the committee might be of i'm
portance in a suit pending against
Sinclair did not excuse him from
answering, the justice stated. because
the information was properly within
the inquiry of the committee and the
questions were pertinent.
Daugherty Decision Cited.
Justice Butler stated that the court
in its decision in the Nal S. Daugherty
case had laid down the rights of the
two houses of Congress to conduct In
veStigations necessary to aid legislation,
but that neither house had the right
to inquire into the private affairs by
requiring disclosures not in aid OF
legislation.
One other case, contempt of the Dis
trict of Columbia Supreme Court, in
connection with the y-shadowing
episode of the trial of Albert B. Fall
and Sinclair, still is pending in the
highest court against the oil man. In
that case he was sentenced TO six
months in jail.
1T has always been recognized in
this country, and it is well to remem-
ber." the decision said, that few, If
any, of the rights of the people guard
ed by fundamental law are of greater
importance to their happiness and
safety than the right to be exempt from
able inquiries and disclosures in respect
of their personal and private affairs"
Quotes Many Decisions.
Justice Butler quoted from number
of decisions Ito illustrate the purpose
of the court well to uphold the right of
privacy" adding, but 1t is clear that
neither the investigation authorized by
the Senate resolutions above mentioned
nor the question under consideration
related merely to appellants private or
personal affairs"
THE record does not sustain appel
lant's contention that the investigation
was avowedly not in aid of legislation"
and there is no merit in ap-
peliant's contention that a verdict
should have been directed for him be-
cause the evidence failed to show that
the committee was authorized to make
the inquiry, summon witnesses and ad-
minister oaths.
Congress, in addition to its general
legislative power over the public domain,
had all the powers of proprietor, and
was authorized to deal with it as pri-
vate individual may deal with lands
owned by him. The committees au-
thority to investigate extended to mat
ters affecting the interest of the United
States as owner as well as to those hav-
ing relation to the legislative function"
Sinclair will have probably less than
two weeks before he must go to jail TO
serve three months sentence, it was
said today by United States Attorney
Rover. The Supreme Court. Rover SAID,
usually sent its mandate to the Court
of Appeals of the District OF Columbia
in not more than 10 days after de-
cision was handed down.
nj Annp0lC
atelv transmits its mandate to the Su-
nrerne Court of the District of Colum-
bia and Sinclair will then be notified to
appear to begin to serve his sentence.
"Mistaken View of Law No Defense"
"There is no merit in appellants con-
tention that he is entitled to new
trial because the court excluded evil
dence that in refusing to answer ne
acted in good faith on the ADVICE OF
counsel" the decision said.
1.-THE gist of the offense Is refusal 70
answer pertinent questions. NO morai
turpitude is involved. mtentional vio-
Iation is sufficient to constitute guilt.
There was no misapprehension as to
what was called for. The refusal to an
swer was deliberate The facts Sougnt
were pertinent as q matter of law" and
= f'he was bound rightly to construe
the statute. His mistaken view OF the
law is no defense"
In FEBRUARY. 1928, the Senate passed
q resolution authorizing its commit
tee on public lands to continue its in
vestigations on the entire subject OF
naval oil reserves. About year later
the Senate authorized the committee
fo ascertain what, If any, additional
legislation may be advisable in con-
nection with this matter, and on the
next day the Senate adopted resolu.
ton. finding certain leases fraudulent
and unlaful and directed that botf
civil and criminal suits be instituted
This resolution resulted in the cancella-
ton of the Teapot Dome leases and II
the criminal prosecutions OF FAN
Doileny and Sinclair.
In March, 1924, Sinclair was sum-
moned to appear and testify before the
public lands committee. He was asked
to inform the committee Cd about {
contract between himself and Mr.. Bon.
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