Evening Star Newspaper, April 30, 1926, Page 14

APRIL 30, 1926. FENNING PROBERS HALT HEARING TO CONSIDER GUARDIANS’ BILL [IHLMAN PROPOSES PUBLICGUARDIAN Measure Will Come Before District Committee at Next Meeting. » | Tegislation designed to improve the administration of guardianships has been launched by Chairman Zihlman of the House District committee, who has introduced a bill providing for the appointment of a public adminis. trator, This measure, which will be called up for action at the next meeting of the District committee. proposes that the President. “by and with the ad- vice and consent of the Senate,” shall appoint a suitable person to be known ar public administrator for the Dis- trict of Columbis, who shall hold office for a term of four years. or until his successor is appointed and qualified. 1t provides that every person so ap- pointed as public administrator shall efore entering upon the duties of his office take and file in the office of the clerk of the Supreme Court of the District of Columbia, the following oath: “I'do solemnly swear (or affirm, as the case may be) that I will support the Constitution of the United States, and I will faithfully discharge the duties of the office of public admin- istrator of the District of Columb according to the best of my ability.’ Would Care for Al Cases. It provides that when any person having any estate, real or personal, shall be ascertained, according to law, to be an insane person, who. by reason of unsoundness of mind. is in- capable of managing and caring for 1is or her own estate, it shall be the duty of the Supreme Court of the District of Columbia to commit the administration of the insane person’s Veterans’ Committee Goes Into Executive Session To- _ day—Inquiry Will Be Resumed Monday With Commissioner Again on Stand. The House veterans’ committee, which has had Commissioner Fred- erick A. Fenning before it for the past two days. adjourned yesterday afternoon until Monday morning at 10:30 o'clock, at which time Mr. Fen- ning will resume the stand. The committee held an executive ses- sion today to consider veteran legis- lation, which was before it prior to taking up guardianship investigation. The session yesterday afternoon was given over to a discussion by Repre- sentative Rankin, Democrat, Missis- sippi, of the various items in Mr. Fenning's reports submitted to the court on which he received commis- sion. The witness was asked several times if he cid not think the com missions were unreasonable. but Mr. Fenning stoutly maintained they were not, and the fact that the auditor and the court allowed them only strength- ened his contention. Quizzed on Variation. Mr. Rankin then pointed to cases where Mr. Fenning received almost negligible sums over periods of 14 vears for acting as committee and wanted an explanation as to why such “large” commissions were charged World War veterans. Mr. Fenning replied the situation before the veterans’ committee is completely reversed. Representative Blanton, he —————————— of America, in a sum of not less than $10.000. with two or more securities, approved by the court, and condition ed that he will faithfully discharge all of the duties of his office, and the court may, from time to time. as oc- casion shall require. demand addi- tional security of such administrator and may require him to give the usual bond required of administrators in other cases, touching any particular sstate to the public administrator. Whenever any p2rson dies seized or possessed of any real estate within the District of Columbia, or, having any right or interest therein, has no relative or creditor within sad Dis- trict who will administer upon sach Adeceased person’s estate. it would be the duty of the Supreme Court of the District of Columbia, upon ap- plication of any person interested therein. to commit the administra- tion of such estate to the public ad- ministrator of the District of Co- Jumbia. Bond Is Required. It would also be the duty of the Supreme Court of the District of Co- lumbia to require of a public ad- ministrator, before entering upon the Auties of his office. to_enter into a | hond. P States Qfficial estaté in his charge: and in default of giving such bond within 60 days after Teceiving his commission, or in de- fault of giving. additional security. within 60 days after being duly or- dered by the court so to do, his office would be deemed vacant, and, upon certificate of the chief justice of the Supreme Court of the District of Co- Jumbia, the President would fill the vacancy. The public administartor would manage the estates of insane persons committed . to his administration and apply the income and profit, so far as necessary, to the comfort and suit- able support of the insane person and his family and the education of his children. The campensation of the public ad- ministrator would be fixed in accord- ance with the provisions of the classi- fication act of 1923 Outfitters for Boy Scouts Equipment—Uniforms For Every Scout Activity The first touch of warm weather makes Scouts eager to prepare for the Summer hikes w! low. We have a com hich are sure to foi: plete stock -of both Uniforms and Equipment that com- plies with the official regulations, at reasonable prices. given below: Scout Knife . Scout Axe h sheath .........$1.65 Scout Bugle .........%5 Scout Whistle ......20c Canteens, aluminum..$3 Mese Kits, complete, $1.75 U. S. Signal Flag Sets, with canvas case, $1.25 Gas Mask Bags......50c A partial list is Hike Tents, 3x6 Duffle Bags . .$1.50 Outing Kits, telescope, compass, match box and pocket knife...$5 Extra Belt Hooks. . ..10c “Hik-Stik” ... Scout Rope, with [ T Haversacks ... .....$2.50 Rubber Blankets.... .$5 Fauipment, Sporting Goods Section. Second fidor. Scout Uniforms, Boys' Section, Fourth floor. 4 Woodmaed & Lotheop 10th, 11th, F- said, made the “startling disclosure” that the committee was receiving ex- orbitant commissions in the smaller -cases, while Mr. Rankin develops that the commissions in the World War veterans' cases were too large and should be as small as the other ones. Figured on a commission basi: Mr. Fenning explained, the allow- ances in the smaller cases were in excess of 10 per cent in several cases, but these sumns granted were very small, tepresentative Milligan, Democrat, Missouri, inquired into the reason for Mr. Fenning's expressing a willingness to act as committee in lunacy cases, and the witness replied, “to build up a legitimate law business.” He added he did not *‘solicit” the cases, “and if any- thing was done out of the way, wouldn’t have gone in the first in- stance, as 1 did. to the judges of the court and told them I was willing to act in such cases.” Says Some Fees Were Cut. Over a period of 20 years, Mr. Fen- ning sald, in a few cases the auditor has reduced the amount of commis- sions he suggested be allowed for act ing as guardian. The witness then described the procedure of presenting his sworn statement of service r dered to the court, and Mr. Milligan interrupted: “You don't answer the court the way vou have answered us this morn. ing, do you?" “I have an abiding respect for the " replied Mr. Fenning, “and sometimes my respect for congres sional committees wavers. But I have great respect for this examination as vou have been conducting it.” Every body smiled, including Mr. Milligan and the witness. Mr. Fenning, in answer auestions, said he usually bodies of his wards for burial to Joseph Gawler & Sons unless the Veterans' Bureau or relatives claim them. “If I had a case today where the Velerans' Bureau or relatives didn't take the body, 1'd send it to Gawler.” He admitted, under ques- tioning, he was attorney for the firm and also for the National Selected Morticians, of which the local estab- lishment is the only \Washington mem ber. further the to sent Commissions Are Cited. Representative Bulwinkle, Demo- crat, North Carolina, at this point ir troduced a statement prepared by Charles R. Hooff, assistant manager of the United States Flidelity and Guaranty Co. of Baltimore, of which organization Mr. Fenning holds an agent’s license. The statement was handed to Mr. Fenning, and the lat- ter, after examination, read that from February, 19 April, 1926, he had Chauffeurs’ racelved commissions in the sum of $4,100 for all cases in which he acted as agent. “This Includes much business for other than veterans' cases,” explain- ed the witness, “and 1 would like to say that during March and April of this year 1 declined commissions. The first instance I ever had where the propriety of receiving the comi sions was raised came to me a month ago. 1 decided that as soon as the opportunity offered itself I would ob- tain a judicial determination of the matter. Yesterday I told you of the hearing that will be held Saturday by the auditor to go into this ques- tion' and report to the court.”” Mr. Fenning expressed confidence that the court would sustain his practice. Mr. Milligan brought out that there is no provision in the law here for giving an alleged lunatic counsel in court Mr. Fenning, however, de- clared that the judges always “jeal- ously” guarded the rights of the al leged lunatie. Describes Practice Here. “But you have this situation in the District of Columbia,” continued Mr. Milligan. “There is no provision for the protection of the alleged lunatic when he is brought into court, but the man who is petitioning shall be repre- sented by counsel and counsel shall be I | paid out of the funds of the ward.” “You've stated the practice,” said Mr. Fenning. “And the petitioner is asking to be guardian,” interjected Representa- tive Perkins, Republican, New Jersey. ““And the counsel is charging attor- ney’s fees for being the petitione: commented Nir. Milligan. *“Now,” he continued, “if a man is adjudged not to be insane, you will not be paid?” “That's right.” hen it's to your interest to have the man adjudged insane:” “‘Yes, if you want to put it that way; but it is not a fair question.” “Mr. Fenning, you don't do this out of the goodness of your heart: and if vou do, why do you ask 10 per cent?” Holds Amount Reasonable. “It's an' exceedingly reasonable amount for high-class semwices ren- dered.” Mr. Milligan then asked Mr. Fen- ning to separate the various services rendered wards and name the charge he would make. The witness took the same stand as he did at the morning session and in which he was sustafed by Chairman Johnson, that he would not do it. “Have you read section 500 of the World War veterans’ act?”’ asked Mr. Milligan, and receiving a nod of as- sent, he added the law provided that if a person prosecuted a claim before the Veterans’ Bureau and charged more than $10, he would be liable to the punishment set forth in the legis- lation. “For preparing any papers beforc the Veterans' Bureau, 1 was standing in the shoes of the lunatic,” explained Mr. Fenning. “But you did charge some c sation and you refuse to state it “I was allowed it by the court and auditor.” “If the court allowed you more than $3 for prosecuting a claim in 1919, then that was done contr: to law?"”’ Uniforms Correctly Styled of Durable Fabrics § Tailored of two long-wearing fabrics in the correct cuts of the day. The driver who makes a neat and snappy appearance will wear a Uniform selected from our stocks. Either long trousers or breeches may be chosen. We Give No Commissions on Chauffeurs’ Apparel Blue Kersey Uniforms $45 Gray Whipcord Uniforms $40 Gray Gabardine Coat, %35 A Topcoat that is styled to duplicate the correct lines of the Uniforms above. Men's Clothes Section, Second floor. Black Puttees, $8 Men's Shoe Section, Second floor. anid G Streets Navy and Gray Caps, $3.50 Men's Hat Section, First floor. « 914 EuETENE: R G “I didn’t say that. I.did before the Veterans’ Bureau I did in the shoes of the lunatic.” 1 said whatever DR. W. H. DOBSON GIVEN POST IN OLD-TIME CHURCH “The Henshaw case,” said Mr. Milli- gan, “holds that a lawyer acting a committes could not charge for pro- fessional services.” “In other words, Medical Missionary in China Made Elder and Placed in Charge e of Work. law says| . where the commitlee is attorney the court takes th allowing the fees.” The session came o a close here and Mr. Fenning was invited to ap- pear Monday. B\n‘gl;r Robs Sick Policeman. Policeman Frank Behnke of the precinct that his home, at 611 Morton northeast, had been burglarized Wed- nesday night and a pistol and $5 in cash_stolen. Behnke was at home on sick leave at the time, but did not hear the in- truder. of the District. i first Lord Allenby, the famous British soldler and late high commissioner for Egypt, is known among his sub- ordinates as “The Bull.” into consideration in| p, william H. Dobson. a medical missjonary of the Presbyterian Church, stationed in the war-torn district’ close to Hongkong, China, who has been on his sabbatical vaca- - tion in.the Unitea States and started back to China today. was elected an elder of Old First Presbyterian Church last night at a meeting of communicants in the century-old church on John Marshall place, or- dained by the session and the pastor, Rev. John Brittan Clark, and ap- pointed to be in charge of the church's foreign missionary work. Dr. Dobson has been in China for 25 years, serving as the only physi- stan in a territory populated by more than & million persons and preach- ing at the same time. He is a mem- ber of Old First Church of Wash- ington. At the election and ordina- tion his father, Dr. Hervey A. Dob- discovered yesterday treet The pistol is the property son, retired, Presbyterian Church, and a Civil War veteran who lost a leg in service, and his mother were present. A large congregation was present and took part in the services. Old First Presbyterian Churth which was organized in 1795, met in the Supreme Court room in the Cap- itol until that building was burned during the War of 1812, built a small church on B street southeast and then erected its present struc- ture on John Marshall place in 1826, is & missionary organization. It sup- porte, in part, missionaries in Persia, India, Korea and China and home mission work In Alaska, Utah, Ken- tucky and North Carolina. ‘The ap- pointment of Dr. Dobson to the ses- sion of the church links the work of the church’s missions still more closely to the parent body, for Dr Dobson 18 to represent the Chinese mission work of the general church at the meeting of the sembly in Baltimoie in A ing for the Chinese conv South China ax a commissloner em- powered by thix old Washington church. More than one-third of the iliness in Great Britain is due to disease of the | respiratory system 9 . S X 2 o £ O} | | 13 «s { > G o . Lo g&& Manhattan Shirts—Hanan Shoes—Dobbs ALBERT F. ADAMS DIES. Succumbs to Sleeping Sickness at His Home Here. Albert F. Adams, 65 vears old, as- sistant librarian at the National Museum for 32 years and at one tima physical instructor at Gallaudet Col- lege, where he was graduated fn 1884" died at his residence, 1213 Decatur street, today. Death was due to sleep- ing sickness. Mr. Adams was retired from his po- sition at the National Museum abont six years ago. John T. Adams, former the Republican national He was a brother of chairman of committee A native of Dubugue, lowa, he had been a resident of this city more (his 40 years, He is survived by his widow, Mrs E. Christiana Adams Merl, John and Albert daughter, three Adams; a Mise Malinda. Adams; sons, his brother, John T. Adams of Jowa, and three sisters, Mrs. James F. Collier and Miss Nell B. Adams of [owa and Mrs. K. L. Services probably will day. Monger of Chicago. be held Me v X Hats Thr, Hecat Co-F STREET M course you'll like it the new_Jociety Brand CORNELL Every man does—the moment he sees it. Society Brand Suits And men who came to us for the Cornell last season are coming in for another now! This Spring the shoulders are broader; the 45 © %90 Society Brand cut and tailoring are even smarter, if possible, than before. They’re not to be equaled anywhere. And the Cor- nells here in the fabrics you want most— Glenmore checks in grays and tans; Rom- leys in fancy weaves and blues—all exclu- sive with Society Brand. Express Elevator to Men's Clothing—Second Floor. MANHATTAN SHIRTS—HA NAN SHOES—DOBBS HATS o N/ 3, S N i/ & 5 o R A =