Evening Star Newspaper, April 29, 1926, Page 5

INQUIRY WITNESS LIST IS NOTABLE|- Includes Judges, sioner Rudolph and School Heads Among Others. The list of witnesses to be sum- moned or recalled before the Gibson subcommittee, which is investigat- ing charges “Tenning and_ studying “the govern. ment of the District to determine if irregularities or conditions exst that rvequire further investizgation or co rective legislation by Congress, looks like a miniature “Who's Who" in the Capital City. Tt includes a number of the prin- ipal District officials, leaders of the tench and bar, including the entire District Supreme Court bench. and wo members of Congress. It has been definitely arranged that Chief Tustice Walter J. McCoy will be heard on Saturday morning. It was stated also that Mr. Fenning might be re- called. The list includes: Chief Justice McCoy. All the judges of the District Su- preme Court. Commissioner Cuno H. Rudolph. Daniel E. Garges, secretary lo the Commissioners. Daniel J. Donovan, District auditor. Charles A. Evans, inspector and as. sistant superintendent of metropolitan Dolice. M. O. Eldridge, director of traffic. Fdwin C. Graham, president of the Hoard of Educatior Herbert L. Davis, auditor of the Supreme Court of District. ¥rank E. Cunningham, clerk of the District Supreme Court. Dr. J. Ramsey Nevitt, District coroner. George C. Gertman, secretary of the District Bar Association. Wilton J. Lambert. Frank J. Hogan. Daniel W. O'Donoghue, until re. cently president of the Bar Assocla- ion. Maj. Peyton Gordon, United States tittorney. Representative Cleveland A. New- ton, Missouri. = Representative Frank R. Reld, Illi- nols, —— THOMAS V. BEALL DIES. Retired Building Contractor Had Been Ill Since January. Thomas V. Beall, 71 years old, re. tired building contractor, for the past ‘ight years an employe of the bindery ~ectfon of the Government Printing Office, and a resident of this city since Woyhood, died at his home, 1112 sirard street, yesterday. He had been sick since January. Mr. Beall was a member of the Mt. Pleasant Citizens’ Association. He is survivgd by two daughters, Miss Mattie E. Beall and Miss Clara AL Beall, and a brother, James L. Beall. Funeral services will be conducted at the residence Saturday morning at 11 o'clock. Interment will be in Dak Hill Cemetery. PEACE PAGEANT TONIGHT. U. S. Marshal Snyder to Speak at Community Center Program. The pageant of “War and Peacc” by Albion Fellows Bacon will be pre- =ented tonight at Armstrong Techni- cal High School Auditorium by the Community Center Department of the public schools under the direc- *ion of Marie Moore Forrest, director of pageantry, and National Guy, as- sistant director. United States Marshal E. C. Snyder, chairman of the Community Center council, will deliver a brief address. He will be introduced by Asst. Supt. of Schools Garnet C. Wilkinson. Two episodes will be presented, the first showing the horrors of war and the second the blessings of peace. ‘The lighting will be directed by Harold Snyder of the Community against Commissioner FENNING PROBERS’ CHAIRMAN TO PUSH GUARDIANSHIP BILL (Continued from First Page.) reply to questions. any witness who refused to answer questions put to him could not be cited for contempt. The - controversy. which became heated at times, centered about Mr. Fenning’s refusal to analyze the amounts he would charge for profes- slonal services on behalf of his wards at_the courthouse. The witness stoutly maintained that the commissions granted him by the courts were on the “whole picture” as set forth in the report, and sinco thls was an approved form in which the statement was submitted, the commit- tee could not go behind the court. Another phase of the lengthy discus- slon hinged about his refusal to dis- cuss the facts surrounding his receiv- ing 25 per cent commissions from a bonding company for which he is an agent. To all inquirles on this sub- ject he. referred the examiners to his testimony yesterda Rankin Offers Reports. The hearing opened with Mr. Ran. kin giving an analyses of the re- ports Mr. Fenning made in the case of @ ward named Adolph Adler. The reports detailed the services rendered by Mr. Fenning gs committee, and Mr. Rankin said his purpose in go- ing into these cases was to show the committee recelved larger amounts from the estate than did the ‘ward for clothing or personal use. The re- port of July 18. 1922, as Mr. Rankin it, showed the ward received 6 for spending money and cloth- ing and that Mr. Fenning received a commission of 10 per cent, which amounted to $214.29. “But the net income of the estate increased §2,200 during that year,” explained Mr. Fenning. The fourth annual account wasg read, showing a commission of $200 to the committee and $65 to the ward. The report set forth that the com- mittee had been in_correspondence with officlals of a hospital in the Bronx, New York, where the patient was located, that he had supplied him with funds for personal use and neces- sary clothing, that Victory bonds had been exchanged for Treasury certifi- cates, that investments had been made in other bonds, that War Risk in- surance had teen collected, together with interest on investments. Quizzed on Charges. “What charge did you make for writing the letters?” asked Mr. Ran- in. . 5 “It is set forth in the statement,” replied Mr. Fenning. “What charges did you make for attorney services “I have read the account “Do you decline to answer?” “Certainly, other than the answer just given “Mr. Chairman,” sald Mr. Rankin turning to Representative Luce, Re- publican, Massachusetts, then in the chalr. “If he refuses to answer we will have to resort to recourse under the rules of the House.” Mr. Luce replied that time was valuable with every one on the com- mittee and he did not see where con- stant_repetition of questions “is ac- complishing any purpose.” “If this witness is going to come in here,” said Mr. Rankin, “‘submit bim- self as he did vesterday to_questions the gentleman from Massachu- tts (Mr. Luce), and later refuses to answer questions by mwembers on this side of the table and if the chairman is not going to enforce the rules, T want to know now.” Follows Johnson Stand. Mr. Luce sald he took the same stand as voiced yesterday by Chair- man Johnson—that the committee had no authority to force the witness to answer. Representative Bulwinkle, Democrat, North €Carolina, read a general state- ment of the services rendared by the committee, but which listed no charge for each instance and concluded by saying: “The witness knows if he puts down professional services he is en- titled to only $10 in each case,” and “you should force him to tell or take him off the stand. Mr. Fenning this point inter- rupted and declared that any appear- ances he made before the Veterans’ Bureau were in the capacity of com- mittee, and the only professional serv- ices rendered were before the court. Center Department. The increased world demand for ipressed glass has caused a serious ‘risis among makers of the famed Bo- hemian cut glass. Mr. Rankin then asked how much Mr. Fenning charged fqr collecting the ‘ward’s checks from the bureau. “The He further de- clared that as the committee was op- . |erating under the rules of the House, Commis- |and did not have power of subpoena, ‘bonds that you got a commission on?” demanded Mr. Bulwinkl replied the “I have answered fit, witness, “Did you recelve commissions for writing the bonds?” - “T have gone Into that.” “You refuse to answer ‘no’?" “I am not going to repeat my testi- mony."” “Mr. Chairman,” said Mr, Bul- winkle, “it's up to you.” “What's up to me?” asked Mr. Luce. “We have a right to have his re- fusal go into the record,” interrupted Representative Milligan, Democrat, Missourt. “This man has asked permission to come here and answer charges——'" began Mr. Rankin when he was in- terrupted by the witness who said #T challenge that. I came here to give information.” Representative Jeffers, Democrat, Alabama, took his first active part in the hearing today and asked the witness to tell him about the com- ‘yes' or amount was allowed me’ by the United States court, beyond which you can- not go,” replied the witness. “How much did you charge for missions he recelved on surety bonds. “I gave a lengthy answer to that yesterday,” replied the witness. “I ;cannot go into a duplication of my testimony. If you have the testimony, you can read it, I'm taking the posi- tion I am not going to duplicate my testimony, in the interest of conserva- tion of my time.” “Then you refuse to be cross-ex- amined and to answer any questions relative to what you' testified to yes- terday?” demanded Mr. Miligan. Sustains Fenning Point. Chairman Johnson by this time was in the chalr and in ruling on the question, said: “The situation is this: The resolution under which this committe is working relates to bills governing guardianship matters. The opinion of the chair {s that the witness is entirely justified in making that decision, as under the rules of the House, thers is no authority to compel any witness to answer any questions. ¥ “The witness was impeached by the gentleman from Texas, and the charges must be considered by the Jjudiciary committes. It is a well recognized principle of law that no man can be tried before two courts, and investigations into these charges, under the rules of the House should be made by the judiciary committee. “The chairman is entirely satisfied with the attitude taken by the witness, as he has a right to protect himself on matters that will come up before the judiciary committes Mr. Bulwinkle asked the chairman to tell him what had been learned. “We learn,” said Mr. Bulwinkle, “‘that a committee and a Commissioner of the District of Columbia writes bonds. collects compensation on them, and says he charges a commission for sreparing papers, for professional serv- ices, and yet he has no idea what they are worth. Now if the chairman wants to rule that he cannot answer these questions, well and good.” *‘All the chairman of this committee can do is interpret the rules of the House,” said Mr. Johnson. “If this were a select committee, with power of subpoena, and a witness refused to answer questions, he could go be- fore the House nzd request he be cited for contempt. But there is no such a resolution under which we are operating.” Mr. Milligan declared he wanted the witness “to either answer or refuse,'” and to this end he submitted a motion that the chairman so instruct Mr. Fenning. A roll call was had and de- \'_od!'med a tle vote of four on each side, Will Appeal to House. Mr. Rankin announced that he would appeal to the floor of the House that the witness be instructed to an- swer the questions. Mr. Milligan “in- terpreted” the action of those voting against the motion as meaning “they refuse to go into the facts surrounding the guardianship of these insane vet- erans. Representative Jeffers then asked the witness if he collected a commis- sion for writing bonds, adding, “since I wasn’t here yesterday I hope you 1 tell me. y answer is that I decline to go over my testimony in the interest of my tim the witness repeated de- liberatel “Then I deduct that the gentleman has a right to protect himself,” ob- gerved Mr. Jeffers, but Mr. Fenning shot back “I am not standing on any such right.” Mr. Jeffers followed this with a question as to why Mr. Fenning al- ways arrived at a 10 per cent com- mission when looking at the *‘com- posite picture” of the services ren- dered. “1 refer you to the answer I made ONLY A FEW DAYS MORE: To Take Advantage of 'THESE AMAZING TERMS ONLY And Only 3,50 $5.00 Monthly! On Your Lighting Bills The Sunny Suds is just as fine a Washing Machine as mone; can buy. The very fact that it is so highly recommended by this company should be a good guarantee that you will be satisfied with it, but you may try it free to be sure it is the machine you want. several times,” said Mr. Fenning. “I told you the amount I asked for which was approved by the auditor and the court.” “The thing that interests me,” said Mr. Jeffers, “is that all the cases hap- pen to be 10 per cent.” He then asked why Dr. White had not aned the petitions which named Mr. Fenning, and the latter re- plied that *“I presume the answer is, the average paper for submission to court, is prepared by a lawver.” “Why didn't White do it?” “Go ask him,” said the witness. “T prepared it because it's usual for a lawyer to do this.” Mr. Bulwinkle got the floor and asked if a provision should be put into the bill before the committee pre- venting any attorney “from charging for the preparation of bonds or receiv- ing commissions.” “I answered that yesterday,” re- plied Mr. Fenning. “I repeat what I said a few minutes ago, I am not going to repeat my testimony.” Mr. Rankin switched the subject by taking up the Adler case again. He had before him Mr. Fenning's reports that had been brought to the commit- tee room by Frank E. Cunningham, clerk of the District Supreme Court. As he read the various items, Mr. Fen- ning checked them with his own rec- ords, which were In a large suit case and a brief case. At this point Mr. Rankin made a mistake in a figure and in correcting himself he said: “I don't want to leave a wrong impression.” Mr. Fenning observed, “I understand that perfectly, Congressman.” Flare-up Agaln Occurs. ‘When Mr. Rankin asked the witness how much commission he received for certain services, the witness replied, “I answered that yesterday” and the whole question flared up again. “In other words, you refuse to answer?”’ asked Mr. Rankin. “In other words, I refer you to the record.” As the discussion again mounted higher, Mr. Rankin declared if the chairman would vacate the chalr “and I or Maj. Bulwinkle take it, I'll make him answer.” Representative Hale, Republican, New Hampshire, who had entered the meeting at the beginning of the second chapter of the discussion wanted to know how Mr. Fennjng could be made to answer. “Evasion destroys the credability of the witness,” he said, “but how are you going to force him to answer?"” The committee recessed until 2 o‘clofik. with the Commissioner on the Ex_phlns Spending Money. ‘When the session resumed at 1: o'clock yesterday afternoon, Mr. Luce, first in the order of questioning the witness, inquired into the method employed by Mr. Fenning of granting his wards spending money. He was told that the committee sends checks to the hospital covering this need and that he is notified when the amount is about exhausted. In the matter of automobile rides, those able to en- Joy them are taken about the city at frequent intervals, the witness said, explaining that three are taken at a time and the expense is divided be- tween them. If one of Mr. Fenning's wards is a Veterans' Bureau beneficlary, he gets a bureau burial unless the relatives come in and conduct the funeral as they wish. The witness sald he was not competent to pass upon the burials by Veterans’ Bureau under- takers. He also declared he had no authority in the matter of autopsies. If relatives cannot be located for con- sent to autopsies, he added, the hos- pital itself assumes the responsfl'illty. Mr. Fenning emphasized the “‘per- sonal touch” value in guardianships both with relatives and with the wards. Many of the patients do not Co-Ope The by-laws of the corporation provide that each owner must pay his proportion of the cost of running the building, based on the number of shares of stock he owns. A responsible agent must be employed to manage the building. The WARDMAN CONSTRUCTION CO., INC., has developed a department especially for this purpose D. C, THURSDAY, write home, and the witness declared it he can draw from them one word about friends or relatives at home and send it to them, it i3 highly grati- fying to the latter. The witness was asked to address himself “as you see fit"” on the mat- ter of bond premiums and commis- sions and Mr. Fenning set forth vir- tually the same explanation given the Gibson subcommittee Saturday. Wil Appear in Court. r “While on this subject,” he added, I might say that at noon I received a communication from the auditor of the District Supreme Court to ap- pear at a hearing Saturday morning at the Court House, which will pass on that precise question. The hear- ing means that the auditor will take testimony and report to the court. This question never was raised until brought up recently. It is a perfectly proper point and the only way in which the manner can receive author- {tative attention. “I believe the statement has been made here by the auditor that I re- received double commissions. As a lawyer, I challenge that statement. It is a subject on which persons can talk both ways until the cows come home.” Mr. Luce then asked about notarial fees and the witness positively denfed that he ever received a penny’'s re- turn, directly or indirectly, from the fees he pald for notarial services. Mr. Fenning was unable to give the committee an exact statement of the average annual earning power of the total amount of estates under his charge, but he estimated that it ran from 43 to 6 per cent. “It appears by the record that you very commonly receive 10 per cent commissions. Do you pass individual judgment on each case?” asked Mr. Luce. “The commissions are for individual and personal services on my part,” replied Mr. Fenning. “I go over my memorandum of services render- ed, the ledger, the number of appear- ances necessary in court and the cor- respondence that has been had.” s the 10 per cent based on totals?” ‘The usual case is to base it on pro- fessional services rendered, plus over- head of my office, and duties as com- mittee. I might say that if you had one case that you camped out with and performed all the necessary duties, I think the amount you would ask for would exceed 10 per cent. I've gone the limit to supply my wards with everything within reason. In only one case I drew the line, and that was when a man wanted me to buy him a live duck to keep in the ward.” Mr. Fenning sald his wards had im- mediate access to him at all times. If the matter is urgent, he is called on the telephone. In many cases, he add- ed, he has assisted men in being dis- charged, but he explained that it was a difficult process. Denies Opposing Decisions. The patients, as long as they have no responsibility toward making a liv- ing for themselves, some times acquit themselves satisfactorily. But when turned loose to battle the world, after a number of years in the hospital, it is a very difficult task, the witness de- clared. He sald he never opposed the decisions of the medical authorities on he capabilities of any of his wards. AMr. Luce referred to a report by a doctor at St. Elizabeth's, in which he sald Mr. Fenning ‘‘constantly op- posed the transfer of his wards to other institutions.”” The witness de- clared emphatically he never opposed the transfer of his wards to hospitals in the vicinity of relatives or friends, and cited one or two cases in which he had facilitated the transfer of men in order that they might be near their families. “It can’t be said I op- posed transfers of men where they would be with relatives,” he said. He rative Ownership Apartments Is a Perfeetly Simple Easily Understandable Plan A corporation is formed composed exclusively of the owners of the apartments. The corporation owns the building and the land. Each apartment owner owns a block of stock that carries with it the perpetual right to occupy a certain apartment. —the management of co-operative apartment buildings. The cost of operation is estimated each year in advance, but the actual cost is deter- mined by an accurately operated voucher system. Any surplus remaining in the treas- year may be refunded to the owners, carried over to the next year or allowed to accumulate as a contingency fund, as the owners ury at the end of the to reduce assessments, may decide. Statistics show that the cost of operation of a co-operative apartment is 50 per cent less than the cost of operating the same amount of floor space in a house, and consid- less than the cost of operating a rental apartment building, where there is so uncollectable rents, wear and tear by constant mov- erably much waste through vacancies, ing of tenants, etc. THE OWNER OF AN APARTMENT BUYING UNDER OUR DEFERRED PAYMENT PLAN PAYS AT LEAST 40 PER CENT LESS TO BUY HIS APART MENT THAN THE RENTAL TENANT WOULD HAVE TO PAY IN RENT O A SIMILAR APARTMENT ELSEWHERE. The tenants renting an apartment building are buying it for their landlord and pay- ing additionally to cover his estimate of operating cost, vacancies, uncollectable rents, etc., and, usuaily, an income to himself. The tenants buying an apartment building co-operatively are paying just the actual cost, eliminating all wastes, IF YOU ARE OCCUPYING AN APARTMENT YOU ARE BUYING IT FOR SOME ONE—WHY NOT Consult Edmund J. Flynn, authority on co.-opemtive apartments. specialized in co-operative apartments in ‘Washin, devoting his time exclusively to the hand , etc., of a rental building. FOR YOURSELF? TIVE APARTMENT PROJECTS. gton for the last six years and is now ling of the various WARDMAN CO-OPERA- 'APRIL 29, 1926. was opposed to a “mania” which an Veterans’ Bureau developed several years ago of shifting men all over the country for “administrative reasons.” “Then you have nothing to gain or lose by the removal of one of your wards from this jurisdiction?” asked Mr. Luce. “Of course, I have one ward less, but that is of no consequence to me, the witness replied. The witness was asked for recom- mendations on the bill now before the committee which would place the con- trol and distribution of mentally in competents’ money in the hands of the Veterans' Bureau and establish vir-|g tual Federal guardianships. Mr, Fenning, after examining a copy of the measure, thought it was a “per- fectly proper one,” but questioned the latitude of authority granted to the director of the bureau. He point- ed to the fact that relatives of bene- ficlarles were named specifically, and added that it was his experience that many more persons were entitled to benefits from the estate than were specified in the bill. . Turned over to Mr. Bulwinkle, the next in order of examination, Mr. Fenning received permission to read two letters “to show my prompt com pliance with the request of the Senate committee investigating the Veterans Bureau in 1924.” The letter and his reply concerned the preparation of a list of patients for whom Mr. Fenning then was committee. Mr. Rankin then took up the ques tioning and developed that the peti- tions in lunacy cases he had before him bore the manuscript cover of Mr. Fenning's law offices, were prepared in his offices, and that the order of court also was prepared by him or under his direction. Quizzed on Adler Case. Taking up the case of Adolph Adler, the first on the alphabetical list of Mr. Fenning's World War veteran wards, Mr. Rankin asked for and re- celved a description of the man. He read from the statement submitted by Mr. Fenning to the court that on July 1, 1920, he received a commission of $162.58. The report of July 14, 1924, then was read and it showed the disbursements for the personal use of the ward and for clothing during the year amounted to $142.38. “And for your services you received $2007 You got more out of this boy's estate than he did,” said Mr. Rankin. “Right here in Washington, under the eyes of the Veterans' Bureau and the White House and the Capitol—" “That's a very interesting oration,” commented Mr. Fenning, “but the patient happened to be in a hospital in the Bronx at the time and not in the shadow of the dome of the Capitol.” The remainder of the afternoon was taken up by Mr. Bulwinkle and Mr. Rankin in attempts to get Mr, Fen- ning to itemize the charge he made for professional and other services to Hotel Inn 604-610 9th St. N.W. Daily, $1.00, $1.50, $2.00 §7 Jogma, 6 weekly: $10.80, rooms. & 13 with toflet, shower and lavatory. '$1 $1in Yoom, B0 more. Rooma 1) % PAID ON SAVINGS DEPOSITS MORRIS PLAN BANK Undtr Supervision U. S. Treasury 1408 H ST. N. 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