Evening star., 1938-02-12
''HOT OIL RECORDS
GVENT0SENAT0RS|
Thomas G. KeI|iher, Interior
Department Investigator,
Submits Data.

Accompanied by Joseph P. Tumulty,
his attorney, Thomas G. Kelliher, for
mer Interior Department investigator,
today submitted to the Senate Public
Lands Committee records of an in
quiry he made in 1885 which resulted
In temporary suspension Of two In
terror employees and criminal prosecu-
ton OF hot oil" operator in Texas.
Immediately after receiving the doc
uments, the committee recessed until
2:30 pm. In order to give Senator
Pittman, Democrat. Of Nevada, an op-
portunity to examine the papers.
Senator Pittman has contended that
despite Mr.. Kelliher's charges against
the Interior employees, they were rein
stated by Secretary 1ckes and his ad-
ministrative assistant, Ebert X. Bur-
lew, in embarrassing" procedure.
Sees Claim Substantiated.
Senator Pittman has said the "hot
oil'' case will substantiate the Senator's
claim that Mr.. Burlew is not qualified
for promotion to First Assistant Sec
retary of Interior-an ONCE for which
he recently was nominated by Presi-
dent Roosevelt
Mr.. Kelliher is the first witness who
has appeared before the committee
with legal counsel. Mr.. Tumulty told
reporters Mr.. Kelliher sought his ad-
vice Immediately on arriving in Wash
ington this morning from New Orleans,
where he had been notified by wire OF
a committee subpoena.
Mr.. Kelliher, according to informa-
tion given the committee earlier. re-
signed from the Interior Department
in April. 1896. rather than accept a
proposed transfer from the Division
OF Investigation to another bureau.
Mr.. Tumulty said he advised his
client to answer all questions pro-
pounded by committee members
"truthfully and fully"
Question Unanswered.
Senator Pittman' sought vainly at a
committee hearing yesterday afternoon
to learn why only T. E. CUTLERY,
Tyler CTex) oil operator. was prose-
cuted by the Department OF Justice,
and why he was given such small
sentence'-a $500 fine. He introduced
in the record letter from the Federal
prosecutor calling attention Of the De-
partment of Justice to the fact that
prosecution Of CUTLERY might have
ramifications OF "transcendant impor-
tance." The letter referred specifically
to the alleged involvement of the two
Interior oil examiners, and suggested
there might be "a great deal of ad-
ditional evidence m the Interior De-
partment files involving Others"
Special Assistant Testifies.
The letter was identified for the
committee by its author. Richard H.
Hill, special assistant to the Attor-
ney General, who prosecuted CUTLERY.
Mr.. Hill wrote that the two Interior
examiners had been suspended. but
later reinstated on recommendation of
special representative of Secretary
Ickes.
Mr.. Hills recollection Of details OF
the oil case was hazy. He insisted the
letter and the record would have to
speak for themselves" The witness
pointed out that his letter concluded
by recommending prosecution Of Gull
lery. whatever the consequences.
The special assistant said he had
discussed with Mr.. Kelliher the con-
nection of the two Oil examiners with
the CUTLERY matter, but he gave no
details of the conversations
Presses Questioning on Fine.
Senator Pittman pressed Mr.. Hill
for an explanation of why CUTLERY
received fine of only $500.
Il don't recall all the circumstances"
the witness said, but as I believe he
was destitute-practically on relief at
the time"
Would it have cost the Government
any more to have him in Jail thar on
relief" Senator Pittman demanded.
Possibly not" Mr.. Hill replied.
"As matter of fact, weren't you
afraid that too big a fine might cause
him to plead not guilty-to take his
chances and tell all that he knew?'
Decidedly not" the attorney said,
with emphasis.