Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-07-14
FALLS SENTENCE
S. CHANGE. PERMITS
SERVING IN WEST
Justice Bailey Grants Motion
i for Year and Day After
Rover Approves.
EX-CABINET MEMBER MAY
ENTER NEW MEXICO CELL
BY Taking Pauper's Oath, Way Is
Paved for Release From
100000 Fine.

Albert B. Falls jail sentence CT a
year was changed today to year and
a day TO enable him to serve his ticle IN
Western prison.
Under the new sentence Fall will be-
come eligible TO parole in four months.
The Attorney General is expected i'm
medistely to designate the prison where
the former Secretary of the Interior
will serve.
The clerk OF the District Of Columbia
Supreme Court will then send var
rant OF commitment to the United
States marshal in New Mexico or
Texas and he will take Fall to prison.
The Department of Justice has asked
she warden of the New Mexico Pani-
tertiary If Fall could serve his time
there, and the warden replied that he
could, at the usual rate Of 81 day.
Frank Hogan, rails attorney, today
moved before Justice Bailey in the Dis
trict of Columbia Supreme Court that
the sentence of a year in the District
OF Columbia Jail be amended to
year and a day in a penitentiary.
Rover Makes No Objection.
Justice Bailey asked District Attorney
Leo A. Rover if he had any objections
to the motion, and when Rover an
swared mo-" the motion was imme-
diately granted.
At the time of the decision Attorney
General Mitchell was at cabinet meet
ing. . III,
office after the cabinet meeting and
denied himself to callers. He was not
expected to announce any decision on
the place of confinement until later In
the day.
Justice Bailey suggested last week
that the motion be made to enable
Fall to serve his sentence in climate
more suitable to his health than that
of Washington, since the man Is VIC
tim of latent tuberculosis. 1t was feared
that the strain of the train trip here
and confinement in a climate more
humid than that of the West would
cause the disease to become active.
The few remaining steps niece ssary to
send Fall to Jail were expected to be
finished within the next two or three
days.
Court officials said the Attorney Gen
erals designation of the prison would
be sent to Justice Bailey and that the
clerk would send it along to the United
States marshal with the warrant OF
commitment.
Way Open for Release From Fine.
Bv serving an additional 80 days in
prison and taking the paupers oath,
the way will be left open for Fall,
under the Federal penal code. to be
released from payment Of the 100000
fine imposed upon. him IN connection
with his Jail sentence for accepting
that amount as a bride while Secretary
of the Interior.
Fall, at one time before he was con-
victed of taking q bride from Edward
L. Doheny. was a wealthy rancher and
land owner in New Mexico. Now he Is
REGARDED as a pennilesS man, even by
the Government prosecutors.
So far as collecting or trying to coll
lect any part of the 100000 fine. United
States Attorney Leo A. Rover said today
the first step for the Government to
take is to ascertain whether Fail has
any personal or real property which
the Government can attach. This can
be ascertained by Government counsel
appearing before United States COM
missioner or a district Judge end IN
quiring into the facts of Falls property.
Since it is apparent to all who know
anything about the years OF litigation
involving the Government oil lease
scandals that the former Interior Sec
rotary already has been Invested OF all
his property, it was said today that
the only way for the fine to be disposed
of was for him to take advantage OF
the pauper'S oath.
Does Not Lose Citizenship.
Taking the pauper's oath. however,
does not discharge the fine for all time.
1t simply serves as protection against
indefinite incarceration in eveEt prjs-
oner cannot cay the full amount of his
fine at the time sentence is passed. At
some future time, should Fall come into
money. the Government could go ahead
and attach it.
Regardless of the fact that he was
convicted of accepting bride while an
official of the Government, Fall does
not lose his citizen~hip, as is generally
supposed, it was caid in Government
circles today.
He loses his right to vote under the
laws of New Mexico, which prescribeS
the qualifications for voters, but Il
every other respect he retains all the
civil rights Of his citizenship. A par
don would restore his right to vote.
In the case of former Representative
John w Langley of Kentucky, who was
convicted under the national prohibit
ton act, his rights were restored by
Kentucky'S Governor.
Home Sold Over Head.
Should former Secretary Fall be un-
able to pay any part of the 100000
fine imposed upon him he can take the
pauper's oath at the expiration OF his
prison sentence. The 80 days, 1t is I'M
derstood, would begin after he has been
paroled, if he is paroled.
The financial straits into which Falls
personal affairs were precipiated were
brought out fully during the criminal
and civil suits involving the former
cabinet officer, Edward L. Doheny and
Harry F. Sinclair oil magnates.
After his conviction in the District
Supreme Court, Fall saw the last Of his
one-time vast ranch holdings pass into
other hands for his failure to meet the
heavy mortgage payments. His home,
also, was sold over his head.
Since then, Fall has been supported
by members of his own family. His wife
has small income of her own, includ-
ing a residence in FL Paso and little
piece of land in Texas, but that is
property which the Government cannot
attach. 1t is understood also, that
Falls son contributes to his support.
In event any property is found in
Falls name which the Government
could attach he would be allowed $40
legal exemption.