Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-04-06
Harry NJ. BIackmer Also
Loses Appeal From $50, 900,
Fine in Contempt Case.
JUSTICES HOLD WALSH
ACT is CONSTITUTIONAL
Men Were Convicted as Result Of
Government Oil Lease
Inquiry.
BY the Associated Press.

BY the Associated Press
A sentence Of one year in Jail and a
fine of 500, 900 against Albert 3. Fall.
former Interior Secretary was affirmed
today in the District of Columbia Court
of Appeals
At the same time the court upheld
the decision OF lower court under
which Harry M. Blackmer was hn.d
$50, 900 for contempt OF court in refus-
ing to return from France TO appear As
a witness in the Gil trials OF Harry T.
Sinclair and Fall.
Convicted in Bribery.
Fall was convicted OF accepting
bribe from Edward L. Doheny for
lease granted the California oil man
to naval oil reserves while Fall was
Secretary of the Interior.
At the conclusion of lengthy dectS
sion. in which he quoted literally from
arguments in the lower court case, As
sociate Justice josiah A. Van Orsdel OF
the Court of Appeals said simply, The
judgment is affirmed"
The decision against Blackmer was T
handed down by Associate Justice !
Charles H. Rob- and upheld the judR-
ment OF the lower court, with the addi-
ton of costs.
Finds Common Motive"
Justice Van Orsdel devoted a large
part OF his decision to the contention
OF Falls counsel that it was improper
to admit, in the Fall-Doheny bride case,
any evidence OF transactions with Sin
clair In making q lease Of the Teapot
Dome oil land in Wyoming.
transfer TO the defendant by Sin
clair OF a large amount OF Government
bonds and the alleged loan. OF GlOO,OOU
by Doheny to Fail to purchase the
Harris ranch" the court said. were
prompted by initial suggestions from
Fall of dificulties that he was having
In relation to his ranch holdings in New
Mexico"
The court said that, although the
record diScloseS no connection between
Doheny and Sinclair, lit does disclose
that Fall was considering the two leases
on behalf of the Government at the
same time and considering each With
relations to the other ana with "a
common motive In mind
Appeal May he Taken.
In the absence in Europe OF Frank J.
Hogan, Falls attorney, no word came
from defense counsel as to whether an
appeal would be taken to the Supreme
Court
The Court of Appeals has Is DAYS in
which to invoke the mandate which
might send Fall to the penitentiary.
However. Fall could be paroled. Shonid
his counsel seek a writ Of certiorari
from the Supreme Court, he would have
three months in which to make the ap-
pllcation. During that time it would be
the normal step for counsel to take ac-
ton to prevent his going to prison until
the Supreme Court decision.
However, such petitions must show a
constitutional question is involved be-
fore review IS granted.
Cites ExpatriatIon. =.
Justice Robb, in ruling upon the
Blackmer case said: -
1t Is inconceivable that A citizen
witness may clog the wheels of Justice
by crossing the internal ional border and
,hat the Government should be power
less TO summon him to return and to
s0nJect him to penalty If. without
cause, he fails to respond TO the sum-
mons"
Justice Robo said he had no doubt
Congress had considered the possible
serious consequences which might re-
suit from the refusal of a witness to
respond to subpoena in a foreign
country when 1t authorized "a penalty
OF $1,000 for. each of1ense"
1t had right to take into considsr-
alton that ordinarily only a man of
mears could afford the luxury of aban-
doEfng his business and practically ex-
rAtriating, himself by taking uu his
residence abroad the court said
"A small fine in such circumstances
would have no deterrent effect. In the
present case the records indicate Mr..
Blackmer is man OF extensive business
interests and large means. ConSideri
the records as a whole. we are clearly
OF the view that the trial court. In as
sessing the fines, did not abuse its
discretion"
Walsh Act Upheld.
Blackmer was found guilty OF con-
tempt en- two charges of failing to heed
subpoena and fined $4,000 on each
charge. The action was taken under the
Walsh act permitting the Government
to seize property of any citizen who re-
fused to return from abroad to testify
for the Government in a criminal case.
The law was attacked as unconstitu-
tional by Blackmer's attorneys and was
upheld by Justice Frederick L. Siddons
in the District OF Columbia Supreme
Court.
Blackmer went abroad two years b.
fore he was summoned to appear as a
Government witness in the oil scandal
cases and maintained he had given M
his residence in the United States and
had established one in Paris.
Seized 100000 Bonds.
After the first refusal to return the
Government fled contempt proceedings
against him and seized 100000 in
bonds belonging to Blackmer. The law
permitted that amount to be seized as
the maximum. but when Rlackmer was
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