Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-07-11
ALL MUST SERVE
|. JAIL TERM AS PLEA
OF COUNSEL FAILS
Justice Bailey to Allow
Amended Sentence to Avoid
Use of D. c. Prison.
JUDGE PUT CLEMENCY
UP TO CHIEF EXECUTIVE
Court Willing to Have Former
Cabinet officer Spend Time
in Healthful Climate.
By the Associated Press.

BY the Associated Press.
Albert B. Falls seven-year attempt to
escape prison today failed definitely
The former Secretary of the Interior
has only a few more days of liberty,
but Justice Bailey in the District Of
Columbia Supreme Court gave him a
chance to serve his sentence of a year
in Western prison.
The court, after refusing to suspend
the sentence. suggested to Frank Hogan,
Falls attorney. that he move to modify
the sentence to add a day to the year
given Fall. This would give the Attor-
ney General the power to name the
prison where the former cabinet officer
will serve time for accepting a bride Of
100000 from Edward L. Doheny.
Fears Humid Climate.
Fall has latent tuberculosis and
physicians have said the disease might
become active If he were brought to the
humid climate Of Washington. Justice
Bailey said apparently Falls condition
was no worse than when he was con-
'icted in 1929. on an indictment re-
turned in 1924 He added much of the
prison would be removed if a drier
climate than that of Washington was
chosen
Hogan promised to get in touch with
Fall in Ell Paso. Tex. Immediately and
let Justice Bailey know his decision
next Monday.
The Summer vacation period for Jus
tice Baileys court begins then. If
Hogan does not move to modify the
sentence. Fall probably will be or
dered to come to Washington at once.
The question of whether Fall would
! lose his citizenship ifsthe sentence were
modified arose after Justice Bailey's
| suggestion. The Jail sentence he is
under at present would not affect his
citizenship privileges. A penitentiary
sentence ordinarily would. although it
! might not if the sentence were amended
/ at the suggestion of the court and with
! the agreement of Fall.
Might Obtain Parole.
If the sentence is changed TO a year
and day Fall would be eligible for
parole in four months. In the event
| of modification it would become a peni-
| Tertiary instead of Jail sentence.
/ Only the attorneys and few casual
| spectators were in court when Justice
/ Bailey voiced his refusal
! Atlee Pomerene, former Ohio Senator
ana special prosecutor III the OH lease
/ cases, was present. He served eight
years in the Senate with Fall when the
! latter was a Senator frcm New Mexico.
Justice Department officials. speaking
informally. expressed the opinion the
addition of day to Falls sentence
and his possible Incarceration in a
Federal penitentiary would not deprive
j MIN later of his rights as a United
States citizen.
1t was explained that the disabilities
arising from the service of a jail SEN
tence, such as the right to vote and
/ hold Office. arose under State statutes
and would be settled under the statutes
of the State and not the Federal
Government.
Justice Bailey said he felt that any
further clemency for Fall should come
from the President
Fall was convicted of accepting bride
of 100000 from Edward L. Doheny in
connection with the lease of a naval
| Gil reserve to Doheny oil company
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