Senator MCCARRAN. Let the record show that Mr. Clary was here, that he was in attendance in and about this committee. I do not know that he was in attendance on the committee, but he was in and about the committee room for approximately 3 weeks, and he was referred to by the Senator from Missouri in cross-examination.

Senator DONNELL. May the record also show that I now state, as I have both off the record

Senator MOORE. That he was not a witness in the case.

Senator DONNELL. I did not know certainly that he, the gentleman I now want, was here. I do not recall ever meeting anyone by that name, although I want it perfectly clear that I might add that I met a number of gentlemen, quite a number of gentlemen from out of the city. I met a number of them, may have met him, but I certainly did not know that the man that I now want was here.

Senator MOORE. We will vote on this motion now.

Senator Donnell, you make a motion.

Senator McCarran?

Senator MCCARRAN. I am "no."

Senator MOORE. "No" for myself. The motion is lost.

Senator DONNELL. Mr. Chairman, in regard to Mr. Kelly, Mr. Covert, were you able to get any information at his office?

Mr. COVERT. Nothing more than they had told you a few minutes

ago.

Senator DONNELL. I would like to make another motion, and preliminary to that, I should like to say that promptly after leaving the earlier session of today of this subcommittee, I returned to my office, and shortly after arrival there communicated by telephone to National 3973. Some lady who I assume is a member of the oflice force of Mr. Kelly, Mr. Eugene Kelly, a previous witness, and I indicated my desire to have him present this afternoon at 3 o'clock. The lady promised that she would make every effort to obtain him, and have him call me.

Shortly thereafter I went to my lunch, leaving word at my office, however, that they were to communicate with me at the restaurant in the event any word came from Mr. Kelly.

Let the record show further that hearing nothing from him, I returned to my office and was informed then that one of the young ladies in the office had again communicated with his office; that she was informed that the efforts to obtain him had not been successful, to secure him had not been successful.

I thereupon, myself, again called the office, talked to the young lady at the office and later on was informed by either her on one of the young ladies in my own office, I have forgotten which now, that she, the young lady at Mr. Kelly's office, had communicated with the wife of Mr. Kelly who thought she would be able to get him, and that Mr. Covert has just a moment ago, a few minutes ago, telephoned, and was informed that no later word is available than what has been communicated to me.

Senator MOORE. I said that you can put in any other releases that you want to ask him about, if any, and you move now that you be given time to produce Mr. Kelly?

Senator DONNELL. Yes, sir. I move that, and I want to stateSenator MOORE. You also state you have interrogated Mr. Kelly extensively, developed nothing at all, except his experience through life. You brought no charges against him of any kind.

Senator DONNELL. I want to state this in regard to Mr. Kelly, that he was unable to, and I want to state this, that I am making no charge of any dishonesty on the part of Mr. Kelly or anything of that sort, at all.

Senator MOORE. You said that in the record.

Senator DONNELL. That is true. He testified as to his education,. his previous experience, and I have no doubt he is a young man of high educational qualifications. He, however, was unable to give us the name of the references who he had named to Mr. Howser, was going to think it over, and if he recalled who they were, he was going to give them to me, or to the committee, I have forgotten which.. He has not given them to me, and I assume not to the committee.

I desire to interrogate Mr. Kelly further, first as to whether or not these releases which I read into the record, which are the only ones that he has sent me, are the only releases which he prepared; second, as to what, if any, additional work has been done for his money.

Senator MOORE. What did he say in his letter?

Senator DONNELL. He said, "Enclosed are the requested releases." I would like to get his own statement in the record. I would like to know who the references are. I would like to know the reasons for the selection of those references, and find out

Senator MOORE. He said he did not remember.

Senator DONNELL. But he was going to think it over and let us know. The testimony will show.

Senator MOORE. He was pretty badly scared when he was up here. He did not know what he was being interrogated about. I thought some exposure was going to happen.

Senator DONNELL. He did not have the slightest idea what he would be interrogated about, I may say that. I do not know, it appeared to me that Mr. Kelly at least ought to have realized that he was going to be interrogated in regard to his employment and the work he had done.

Senator MOORE. He said he did not know what he was going to be interrogated about, and I could not either.

Senator DONNELL. I could, and I did interrogate him on those subjects.

I move that I be given until tomorrow to get Mr. Kelly here.
Senator MCORE. You vote "yes," Senator McCarran?'

Senator MCCARRAN. "No."

Senator MOORE. "No." The motion is lost.

Senator DONNELL. I would like to put Mr. Walker on the stand.
Senator MOORE. Mr. Walker was on the stand for a whole day.
Senator DONNELL. Yes, I think he was.

He showed me a short statement which he has prepared.
Senator MOORE. How long will it take?

Senator DONNELL. I do not know.

Senator MOORE. Go ahead and read it.

STATEMENT OF ORIN deM. WALKER

Mr. WALKER. Bill 1988 reduced to its last analysis is merely an assertion on the parts of the proponent of the bill to select the beneficiary who or which is to receive the natural resources of oil and gas in the public domain. The bill, as Senator Donnell pointed out yesterday, does not alter the decision of the Supreme Court as to the paramount rights of the United States Government in the marginal belt, and the bill does not reverse the decision of the Supreme Court. Nothing by way of overriding or setting aside the decision of the Supreme Court can be accomplished by the passage of bill 1988.

The Leasing Act was passed by Congress to cover the development of minerals in public domain. I think a proper question would be whether or not the bill could legally deprive applicants for leases of their rights to leases properly filed by the passage of a subsequent act. We have no ex post facto laws, and I think the rights of the applicants would antedate the passage of any law with respect to the public domain which would fail to recognize all rights which accrued under the law prior to the passage of a subsequent act, and I think that Congress should be discouraged in pressing for an act which would, I believe, be unconstitutional on the foregoing grounds, if not others.

Senator DONNELL. Mr. Chairman, Mr. Walker, my attention has been called by Mr. Covert to his understanding that Mr. Walker termed me Senator Downey.

Mr. WALKER. I call you Donnell.

Senator DONNELL. This morning Mr. Hogan made reference to his understanding that in leases made by the city of Long Beach, there is a disclaimer of any warranty being made by the city of Long Beach. Mr. Walker, I find, it has been reported to me, and I find that to be correct, testified as to the contents of one section of leases made by that city, and which section appears to be of that general type. Mr. Walker also tells me that he has copies of one or more leases, I believe.

Mr. WALKER. Yes, sir.

Senator DONNELL. And would be glad to loan them to our committee, as I understand, for the purpose of our selection and incorporation in the record of such, if any, parts of those leases that we may deem proper.

I move you, Mr. Chairman, respectfully, that we avail ourselves of the kindness of Mr. Walker and that we ask him to secure, to furnish to us those copies for our use.

Senator MOORE. That is all right. We will leave that record open for 5 days for any additional information.

Senator DONNELL. For how long?

Senator MOORE. Is that too long?

Senator DONNELL. I thought you said 5: 30. That is all right.

I want the record to show this, Mr. Chairman, before we go further, just as the chairman has stated very courteously and correctly, that I have indicated my reservation of the right to present this matter to the Committee on the Judiciary, and the action on the respective motions, and such, if any other motions as may be made and I also want it clear that I shall reserve the right, if my judgment so dictates, to present the matter on the floor of the United States Senate.

Senator MOORE. All right.

The hearings are closed except for statements that may be filed within the next 5 days.

Senator DONNELL. Let me ask you on the Kelly matter, I understand that, am I correct, that if he gives us any further releasesSenator MOORE. They shall go in the record.

Senator DONNELL. Within 5 days.

Senator MOORE. Yes.

Senator DONNELL. If he does not and tells me that this is all, may 1 make a statement of what fact I learned in regard to whether these are the only releases?

Senator McCARRAN. If it is a fact.

Senator DONNELL. I will find out if it is or not.

Senator MOORE. That is all right. The record is closed and we will have an executive meeting.

Senator DONNELL. I want it shown here that there is no waiver on my part with respect to this adjournment, and I am still protesting the action taken.

Senator MOORE. The hearings are closed.

(Thereupon at 3:30 p. m., the hearings were closed.)