Teaser

The kind of question arose, last week, which takes the measure of a Government.

Newspaper men* were in Hawaii and the "War" was over. They began poking about, asking questions. Their curiosity was especially intrigued by a number of hideous oil tanks--some big, some small, some filled, some empty, some for battleship fuel, some for aircraft gasoline. All had been built by Edward L. Doheny.

One group of 18, at Pearl Harbor, having a capacity of 150,000 barrels each, were the biggest tanks in the world. One of them was half filled. The other 17 were dry as the widow's cruse, were rapidly deteriorating into a useless mass of rust. Admiral McDonald, Commandant of the Pearl Harbor Naval District, admitted that corrosion had developed in at least one case to the depth of 3/16 in.

The scene shifted to Washington. It developed that for a year naval men had been imploring the Secretary of the Navy to have the tanks filled. And, for a year, the Secretary of the Navy had replied that they could not be filled except by Mr. Doheny and that (so counsel advised him) he dared not traffic further with Mr. Doheny lest such trafficking prejudice the Government's civil and criminal suits against the oil lord.

Mr. Wilbur, having had his share of trouble in one way and another, was glad to shift this burden of responsibility upon Lawyers Roberts and Pomerene. But these eminent lawyers have also had trouble enough with their oil cases (their first indictments against Doheny et al, were thrown out) and refused to take a chance. Thus, even when Mr. Doheny, last year, offered to fill the tanks and to sign any legal agreement which Messrs. Roberts and Pomerene could devise to prevent such action from having any effect on the pending litigation, the offer was refused.

Last week, Mr. Doheny renewed his offer. Again it was refused. Said the lawyers: "No objection has been made or will be made to Mr. Doheny's filling these tanks with oil sufficient to prevent rusting and deterioration if he sees fit to do so." But the Government could not make any contract with Mr. Doheny--not even to pay for the oil so used.

Back went this news to the roving newspapermen. They bustled up and down the islands a few hours and flashed home, for Mr. Wilbur's contemplation, a truly horrible dilemma. They told him that, providentially, the half-filled tank was on higher ground than the empties. All Mr. Wilbur need do was to authorize the drainage of oil from the half-filled to the empties. This would cover the floor of the empties with oil and would prevent most of the damage. It was a very simple operation needing only some simple pipes and the force of gravity. In fact, there was present an eminent American who would do it at his own expense, if authorized. "What about it, Mr. Wilbur?"

The problem was certainly not easy. The California oil reserves which the Government is trying to retrieve (TIME, Nov. 3, 24) from Mr. Doheny contain probably as much as 200,000,000 barrels of oil. And it is just possible that the lawyers are right in their fear that so much as the winking of an official eyelid at the tanks would fatally prejudice their suit to recover the oil.

*Some junketing Congressmen were also there, were courteously mentioned by the self-effacing journalists.