Imperial Valley press., 1931-07-11
LEN|EN(,Y
REFUSED
TO FALL
Former Cabinet Officer
Must Serve Term Or
dered BY Court.
SENTENCE AMENDED
Convicted Man Will Be
Allowed To Serve Time
In Western Jail.

WASHINGTON, July II. U.P)-
Former Secretary of Interior Albert
b. Fall today was denied relief from
the sentence of one year in Jail and
"a 100000 fine imposed upon him
as result OF his conviction of hav-
ing taken a bribe from f. l.. Do
heny in connection with the lease
OF the Elks Hills naval oil reserve.
Justice Jennings Bailey denied
the suspension plea in District of
Columbia supreme court.
But in denying the motion, Bailey
left the way open for possible con-
finement of Fall in a Texas prison.
Frank j. Hogan. counsel for Fall,
moved for suspension on the basis
of medical reports which showed
Fall to be suffering from several
organic ailments.
In denying the motion for sus-
pension, Justice Bailey of the Dis
trict of Columbia supreme court
said he thought the question of
suspension was one for the eXecu-
tive branch of the government and
not for this court to determine
No Suspension
Justice Bailey said that ANY sus-
pension would be in effect a per-
petual suspension" and would free
the defendant for all time from
the necessity of serving the jail term
imposed here November /, 1929
Bailey then consulted Hogan re-
sarding motion TO amend the origi-
nal sentence SO that the shift to
El Paso. where the federal prison
board has contract for confinement
of federal prisoners, could be made
possible.
Fall. who collapsed during his
trial in Washington in 1929 on the
bribery charge. was convicted OF
accepting 100000 from Edward L.
Dohony of valuable areas in the
naval reserve at Elk Hills, Calf.
Hogan, pleading for mercy for
Fall. said this "wretc h e d
gray figure" of a feeble old man
would not survive year in Jail. But
government consul, urging the court
to carry out the sentence. argued
Falls health was such that 1t would
not be impaired if he were confined
in climate to which he was ac-
customed. Government counsel
agreed IL would be harmful TO Fall
to make the trip to Washington and
be confined in the damp atmosphere
of the capital.
The government was represented
by Atlee Pomerene, special prose-
cutor.
To Amend Sentencs
Bailey said he would entertain a
motion next MonGay TO amend
Falls. sentence, originally set for
year In Jail, so that it would come
within the authority of the attorney
general to shift the place of con-
finement to some place such as Ell
Paso. where the climate is more
suitable for Falls falling health.
The sentence as 1t stands would
require confinement here.
To give the department OF justice
the necessary authority in the mat
ter. the sentence would have TO be
changed from one year to one year
and one day. A technicality OF the
District of Columbia criminal code
would require the sentence to be
served locally unless heightened TO
more than a year.
Fall was not present to hear the
words which mean he must go to
prison-the first cabinet officer to
be convicted on criminal charge
Bailey announced his decision in a
small room on the second floor of
the District of Columbia courthouse.
Few persons were there as the JUS
tice. leaning forward slightly from
the bench delivered his ruling with
out glancing at notes. Bailey said
he was of the belief that HoganS
motion for suspension OF sentence
should be denied.
From what / gather Bailey
said, 1.-The danger to the defendants
health wouio oe from confinement
in humid atmosphere such as that
of Washington"
Army physiciaaD who examined
Fall at Ell Paso said he was suffer-
ing from inactive tuberculosis as
well as other organic ills.
Bailey then outlined procedure
which would enable the department
of Justice to assume custody OF the
aging man whose political career
seems destined to end in jail or just
outside barred doors. The depart
ment would be able to select from
among federal institutions or jails
with which the government has ne
gotiated leases, place of confine-
ment which would keep Fall in
satisfactory climate.