Evening Star Newspaper, May 4, 1926, Page 4

JUDGE AND DOCTORS ON STAND AT NIGHT FENNING CASE HEARING Justice Hoehling Tells of as Lecturer—Phy; F. C. Graham, president of the ‘Washingtor. school board, was re- #alled as a witness last night before the Gibsor. subcommittes of the Dis- trict committee. and questioned re garding his interest in the Chesapeake & Potomac Telephone Co. In reply 10 questions, Mr. Graham said that he | in a director through ownership of | American Telegraph and Telephone tock, but is not active in the manage: ment of the local company. Fe was auestioned closely by Mr. Blanton re- | garding increases in rates. Mr. Blanion | also asked him to look iuto what he | aimed was a theoretical transfer| of telephones with an “unnecessary” | charge of 3$150. complained of by many members of Congress. when a new tenant moved info an apartment hut no change in installation of tele phone was necessary Justice Hoehling. who hax been an associate justice of the Supreme | Court since June. 1921, and who sat in the revaluation case of the Capital Traction Co. was questioned by Mr. Rlanton. Mr. Blanton brought ou that in this case the valuation of the Capital Traction Co. was in ‘reased ubout $11.000.000 over the ap praisal of the Public Utilities Com- mission | | Might Increase Fare. ! “You knew that action sutomali- | cally would increase the charge to| cians Give Status of Patients at St. Elizabeth’s Hospital. | «nd the Provident Reilef Association. the patients out there craz: 3 Silk_answered, “They all have men- tal disease.” Mr. Blanton asked Dr. Silk if he knew a man named Taylor, “who kicked patients in the stomach with his knee and is a man-handler say that he is even better trangler' Lewis” He asked . €ilk If he knew about a man- handler using wet towels twisted around a patient's neck until he couldn't breathe. “If 1 knew a man who did that I'd do all I could to send him to the penitentiary,” said Dr. Silk. Mr. Gibson questioned Dr. Silk re- garding staff conferences and the method of examination of patients. Mr. Bowman asked Dr. Silk: “Is Rolly Lee fnsane?’ Dr. Silkk replied “Yes; decidedly so He explained in reply to questions that sometimes this patient doesn't know where he runs around wild, is very impul- ve, and needs constant institutional are. He declared emphatically that this patient “should not be dlscharg- ed in care of his mother.” AMr. Bow- han asked for detailed information garding how patients get into St. lizabeth's It was shown in very frequently they come there by direction of the War Department, Navy Department, United States Pub lic Health Service, or are perhaps prispners of the Department of Jus- tice. 'There are also indigents under the District of Columbia administra- tion who are sentenced to St. Eliza th's. Dr. Silk said that the policy il not to keep them there, but to discharge them as soon as the con terence of physicians feels that they will not injure themselves or others. Rolly Lee Given I'reedol Mr. Blanton discussed at some length with Dr. Silk the Rolly Lee case, asking why. when he had testi- fled that this young man might do violent injury to some one, he had allowed him so much freedom that 1E 'raction Case and Position j told Mr. Brosnan. “You have the key of the jail in your own pocket.” He suid 1 he “believed Mr. Brosnan could make pavaent and produce the bonds. Later. after conference with his sisters, Mr. Brosnan asked to be veloased. when he confessed to the court that he hadn't the money to malke good.-and he was then promptly released from custody on the con tempt charge. The official court pa pers in this case were put inte the record of last night's hearing. Justice Hoehling said he wanted it | understood that the “door of the court- room is always open to any one who cares 40 come in and ask for anything that is right and proper—from the highest (o the lowest." testimony that “Close Family Corporation.” Representative Bowman asked if the real criticism in that case had uoi been that the manager were appointed without making the Provi dent Relief Association party to the suit. Justice Hoehling said he thought the company should have been made party -to the suit and produced a record showing that the attorney for Mr. Brosuan set out early in the case that he appeared for John Brusnan He emphasized also th it was all a close family corporatic Chairman Gibson asked Justice Hoehling about remedial legislation. street car riders?’ Mr. Blanton asked | T didn't have that in mind. but| ultimately it might have thar effect. | said Justice Hoehling Mr Blanton emphasized that up to, 1910 the fare on both street railwavs was only § cents. He read from the decieion of Justice Hoehling in thi se in two different places that the rporation counsel, Francis .| Stevens, representing the public interests. acquiesced in the contention | of the attorneys for the traction com pany. He quoted from the record as | follows: “Such additions were ap proved by the commission as sub-| mitted in evidence by the complainant company without objection from the | defendant.” Mr. Blanton said: “Of | course, you had to render judgment on the facts as presented. 1 am not | Waming vou, but blaming the cor-| poration counsel for letting the case &0 by default.” Mr. Blanton asked Justice Hoehlin; what he thought of habeas corpus » matter of right in the District and veceived the answer: “Of course, | think it is a matter of right.” Van Meter Case Up. I When Mr. Blanton stated as a hvpothetical case the case of Edward Van Meter. now in the District jail, who was brought before the subcom- mittes vesterday morning and testi- fled in part, who was present at the hearing last night, and who has been summoned to appear again tonight. having been held for 11 months in the District Jjail, Judge Hoehling answered: T think he ought to be brought in for trial or sent forward.” this meaning being extradited to St T.ouis, where he is wanted on one phase of a conspirscy charge on which he was convicted, and for which he served time in Leavenworth penitentiary. This is the witness who at the hearing yesterday told the subcom- mittee that he could throw considera- ble light on _who was gulity of the murder of Barnev McBride. whose ®ody, frightfully hacked, was found covered with brush in a culvert near the Marlboro pike, in August. 1922. Justice Hoehling was next ques. toned by Mr. Blanton regarding the fact that he lectures in Georgetown University Law School. Mr. Blanton has spoken of the fact that George F. Hamilton, dean of this law school, as well as a former president of the Capital Traction Co., had Justice Voehling appointed as lecturer in the law school. Salary Only $600. Justice Hoehling testifisd that he has been a lecturer in Georgetown Taw School since 1910 and that for the last six years his salary has been and now is $600. although previousiy he had received as high as $1,500 when he was lecturing in other sub- jects. According to the testimony iast night, Justice Hoehling received his appointment to the lawy school faculty when the late Chief .Justice Slaybaugh was desn of the law school in 1910, and. for as he knows, does not owe his appointment to Mr. Hamilton Justice Hoehling stated that four of the justices of the District Su- preme Court, in submitting reports of committees or guardians to the auditor, never instructed regarding commissions and figured out the ameunt due, while two of the judges have done this. He was asked by Mr. Blanton: *“Do vou think this is proper? That it is good practice?” Mr. Blanton stated that he was not flecting on v one. Justice Hoeh ling replied: have not done it my =elf; that's as far as I'd like to go. Mr. Blanton stated that he had the highest regard for the two judges who did figure out guardians’ per- centages, but that he belleved they hed shown too much confidence in some of thelr friends Confldence in Attorneys During a discussion which followed this, Justice Hoehling and Mr. Blan ton agreed that judges have to have great confidence in the honor and in- tegrity of members of the bar, who are themselves officers of the court. “I would like to take the word of every attorney on face vaiue until he shows me T should not,” sald Justice JMoehling. Justice Hoehling then asked to be allowed to make a statement from the eriginal papers in the Brosnan case, covering the affairs of the Provi- dent Rellef Association, which he de. scribed as & ‘‘close family affair.” This ~ase was under discussion at the hear- ing on Baturday morning, in which two memb: of Congress were in- terested. Justice Hoehling explained that after the death of the father, the son had taken active management of 1he bueiness and had greatly increased hix own sajary. Finaliy a decree di. rected that he make an occounting for $59,000 in excess salary and that he was removed as administrator. Before this case was argued In the Court of Appeals, another bill in the Supreme Court. In behalf of sisters, who were co-heirs, sought restoration of $4,900 of excess salary and $8,500 in Liberty bonds. .John Brosnan, ir., was then shown to be in the hospital and man- agers were asked 10 run the business. The word managers was used instead of receiver to prevent the business being ruined. Never Used Term Befor Justice Hoehling admitted that he had never used the term “manager’ bafors and believed that “receive: was a more proper term, but said he took the action on the request of a torneys on both sides. Auditors for the Virginia Insurance Department and for the District In- surance Department found that capl- 1al stock of the company had been jmpeired to the extent of $107,000. He issued a rule to show cause concern- ing thre lems—the $4,900 excess @lary, $8,600 Liberty bonds, and to producs the records. Then, when John Rrosnan, Jjr., did not comply, the order was passed judging him In contempt and directing that he be X in the District jail until he ~ould purge himself of contempt. Jus- Th!ln[ emphasized that he had | ning is guardian for In regard to guardianship fees, he pointed out that Mr. Fenning had re. ceived in fees for cases of insane vet- erans $89.000 In five years and that the vecord of the auditor of the Su- preme Court shows that allogether he has received $190,000 in fees. He asked the justice if there is not danger in centering in one person too many these guardianships. Justice Hoeh. | ling replied: "It appears as if that might be possibie. Mr. Gibson continued that Mr 94 wards at Hlizabeth's, with a number out making a total of 200 in all. He asked Justice Hoehlig: “Do you not think hat is & pretty large number for any ne man to have? Do vou not think t wise legislation to cut down the prevailing percentage of 10 per cent that has been allowed Mr. Fenning to 5 waximum fee of 5 per cent? 1Is that practical?” Just Hoehling said: 1 do not see why it would not be.’ he had been to Mr. Blanton's office at least 20 times. Mr. Blanton also censured Dr. Silk for not bringing in another boy, u witness when Mr. Blanton had notified the institution that he desired this young man as a witness. In reply to a question from Mr. Blanton, Dr. Silk sald that he was born in Russia. but has been in this country 24_vears Dr. Main was next Blanton. He has been a physiclan lat St. Elizabeth's since August 16, 1919, Mr. Blanton said he found Dr. Main's name signed to a great many papers in lunacy cases in which Mr. Fenning was interested. Dr. Main said. under oath, that he had never directly or indirectly received any pay or other consideration from Mr. Fen ning. Mr. Blanton asked: “How many men and women St. Elizabeth’s who are not craz Dr. Main answered: “From the view | point of a psychiatric, none.” | In reply to questions from Mr! Bow man, Dr. Main said that the institu tion discharges about per cent af its patients as social recoveries. In called by Mr. Fen More Judges Needed. Mr. Gibson then discussed with Jus- tice Hoehling the condition of the | Supreme Court docket and the way |reply to a question from Mr. Blanton in which the Wan case and other |whether it members of (ongress want criminal cases and some equity tases {ed 10 bring any of their constituents have taken the exclusive time of one |who might be in the institution be judee for weeks at a time. thus con-|fore the conference of physicians, it gesting the court practice. He stated | would be allowed. Dr. Main answered that Daniel W. O'Donoghue, former |that he would not consider that an un president of the District Bar Assoc sonable request tion, had recommended o the i committee that there should be at | Without least two additional judg Justice | Asked by Mr Hoehling confirmed this opinion. Lee, Dr. Main s Mr. Gibson next took up the subject | mentally very ill, althouzh physically of a proposed new probate court,|in good condition. the shrapnel wound with adminstration of probate mat-|on his left hip having finally healed ters, guardianships and other estate | Dr. Main said that Rolly Lee has de cases. Justice Hoehling argued. as |lusions and doesn't talk much, had Mr. O'Donoghue previously. that |that it is hard to determine his real there should be no more distinctcondition. ile considers him as courts. but Justice Hoehling thought | tentially danzerous, although he did it would be quite proper to keep the [not know whether he had ever as courts together, and have a new di- |saulted any one. He said that if Rolly vision of the court in addition to{Lee came into Washington his moth. the circuit, equity and criminal di-|had brought him without the knowl ns now operating. He suggested [edeg of the hospital authorities. He that this new division might handle | said he believed it would not be safe probate. divorce and lunacy matters. | for this pat Mr. Gibson then said: ‘It appears |diction of an institution from undisputed evidence before us| Dr. Main w that there are 2,200 patients in St. |the case of Roland Doughty. Elizabeth’'s who have never been | This case was described as a border committed, but sent there, many of them, merely on a letter from the Arm: vy. Public Health Service, Department of Justice or superinten. dents of soldiers’ homes. Do you think that is right?” Should Have Hearing. Justice Hoehling replied that he always understood that when a man entered military service he voluntarily submitted himself to such procedure, but he said that he questioned in his own mind the propriety of sending a man 1o an insane asylum without any hearing upon his mental con- dition. Mr. Gibson called attention to the fact that there are 900 veterans of the war there, and a very large number of these are held without any adjudication. “I think every man is entitled to a hearing,” said Justice Hoehling. Mr. Blanton questioned Justice Hoehling regarding the length of va- cation the justices of the court take anfually. Tt was shown that the Justices of the Supreme Court divide up the time during the Summer months so that they average about nine weeks' vacation. Mr. Blanton wpoke from his own experience as # judge handling all sorts of cases and expressed the opinion that the court docket could be Kept in better shape if the judges cut down on the length of time given to some cases and did not take such long vacations. Mr. Blanton called as a witness Dr. Samuel Silk and Dr. Daniel C. Main, senior physicians on St. Eliza- beth’s staff. They both testified that they received saiaries of $4,600 and have houses furnished them on the hospital grounds. Dr. Silk has been ub- Permission. Bowman ‘about Rolly d this young man is Brought ligious trend. mission on earth. He sald that this young man would be discharged tomorrow from the tution, but that he is unwilling to leave. He went away once, but begged for money to come back. In to a question, Dr. Main said that he knows this young man is act- ing as secrewary of a big Sunday gchool class In Congress Heights. Refused to Sign Papers. Mr. Blanton asked Dr. Main wh when Rolly Lee's mother is allowed 10 take him off the hospital grounds and keep him with her all day, she is not allowed to take him to their home in Grundy, Va. He sald: “Isn't this be cause Mr. Fenning is getting 10 per cent of the boy's money?” «Dr. Main said that had nothing whatever (o do with it. In reply to questions, Dr. ticular case in which he had refused to sign papers for Mr. Fenning. Mr. Gibson then reviewed with Dr. Main the same facts he had previous- 1y emphasized that the records show, and there is undisputed evidence which shows that Mr. Fenning is now St. Elizabeth's and 44 that have been discharged, and that there are only 38 cases of veterans in St. Elizabeth's in which Mr. Fenning has not been guardian, and that in 6 of these he has been attorney, leaving only 32 cases out of 176 cases in which Mr. Fenning does not appear. if it is a coincidence, why he gets so many?” asked Mr. Gibson. belng allowed to ser: 2 a physiclan at St. Elizabeth's since |go many cases. Dr. Mais s Ay December, 1916. When Mr. Blanton |far as 1'm concerned, 1'd rather deal sald he had found Dr. Silk’s name [with one individual.” Mr. Gibson re- signed very frequently to papers in[marked: “It is very evident from the lunacy for Mr. Fenning, Dr. BIlk |records that you would.”” 1In reply Al ot very many; perhaps 10|to a question, Dr. Main sald that he times in the last 3 or 4 years.’ is Scotch-Irish, * i He stated positively that he had 3 never :received 1 cent:or any other Bar Resolution Upheld. James S. Easby-Smith, who testi- consideration from Mr. Fenning. by Mr. Blanton, “Are alllfied that he has practiced as a lawyer Maddux, Marshall, Moss & Mallory, Inc. take pleasure in announcing the appointment of Mr. James T. Howard Formerly Manager of the Cairo Hotel General Manager of the chain of hostelries operating under their management, including The Cairo Hotel The Martinique Tilden Hall Apartment Hotel and others to-be added shortly T EVENING Roiand Doughty. as | po- | nt to be outside the juris. | s then questioned about | insti- | Main said that he remembered a par- | guardian in 94 cases of veterans in | “Isn't it a remarkable coincidence, | He questioned the policy of one man | 33 years all over the country, and was a former president of the Bar Association, resigning from that office to go into service during the World War, was the néxt witness. He was questioned about the formal action taken by the Bar Association in 1923 in a lengthy document criticizing the judges of the Supreme Court. He | aid that he was one of the committee of 10 that drafted the report and said the committee included eight former | presidents of the Bar Association and | represented careful, painstaking, in- dustriols investigation, covering three |months. He said: "L stand now for every word that is in It.” He put himself on .record as denouncing the present officers of the Bar Association | for submitting a copy of that report |to the Gibson subcommittee and de- |clared that they did so in violation of a unanimous agreement. He put into the record that this re- port “is improperly published. but I'm not ashamed of any word in it.” Mr. Easby-Smith read section 3 of the re- port, which refers to the justices not having in mind a certain section of the code which prohibits the appointment of relatives or employes of the judges of the court to positions as guardians ad litem or other fiduclary positions under the court. He declared em- phatically that the committee drafting the report had not given the slightest thought to the propriety of a judge employing his own son or daughter as private secretary. He said that the same judges are now on the bench who were there at the time this report was made He called the attention of the com mittee to the fact that before this re- port was written the court itself had lecided not to take the suggestion of lawyers for appointment oftentimes of clerks in their own office as guardians ad litem to make perfunctory or stereotype reports, but to name per- sons who would in fact serve as guard- ians ad litem. He expressed his opin- fon that this action of the justices was ‘one of the greatest remedies of an evil pragtice.” He sald that the ma {Jority of the attorneys practicing be- fore the court were in favor of that {hew rule. although mome rankled un der it Opposes Naming Relatives. In a colloquy with Mr. Bowman Mr. Easby-Smith said that a ma- Jority of the committes drafting the report of the Bar Association thought it was bad practice for judges of the court to appoint relatives or em ployes as guardians ad litem, or to other fduciary trusts. Some thought it violated the spirit, though not the letter, of the rule, and all thought {that the justices should avold even the appearance of evil. Mr. Easby-Smith said that after this report was submitted by the Bar As. sociation to the justices he had a conversation with’ Chief Justice Me- Coy, in which the latter said that he and other members of the court were “deeply hurt” because they had been ‘condemned without a hearing.”” Mr, Eashy-Smith said that he pointed out that the position of the Bar Associa tion was not in condemnation. but to call attention to criticisms current among the members of the bar | Mr. Blanton questioned Mr. Easby | Smith regarding how matters have been remedied since that report. and | My Easby-Smith said: “A, majority {of the matters we complained about | have heen remedied and I feel that | |report has done an enormous amount £ood.” Mr. Blanton also questioned vding the established fact that e son of Chief Justice McCoy has appointed 16 times s guardian em and one time as a joint trustee. It was emphasized that in il of these cases his fee was small, { Mr. Easby-Smith saving he knew of cases in which such guardians re- ceived $5,000 and $10,000. and that in | each case the guardian “earned every nickel of it.” Mr. Gibson announced that he wants to question the auditor of the Supreme Court as soon as possible. | ie hearing will be resumed to- i night at 7:30 o'clock in the caucusj i of the House Office Building. him | line case of low mentality, with a re- | The high quality of HPC No other Paint can justify made to order. ‘ City Deliv, PAINT Phone Main 1352 Ll Leave here at the & a s ward beauty and inward ease. A very large selection takes our requirements— bl In patent leather, black satin or black kid. AAA to $6.50 E wide, Et black $9.00 Oxford, in kid. AAA to E wide....... 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COMMITTEE ASKS HOUSE AUTHORITY TO PROBE FENNING _(Continued from Kirst Page) _ [ tee would not have “called Fenning “Why the fact was developed that he had never even read the amend- ment we have before us, sald Rep- resentative Milligan, Democrat, Mis- | sourl, At this point Representative Irwin, Republican, Illinois, who yes terday voted to give Mr. Bulwinkle the authority to ask for a subpoeva, moved that the vote of yesterday be reconsidered. “I delayed action in order that I “I demand my motion,” replied Mr Irwin. “The members on this side of the table,” declared Representative Ran- kin, Democrat, Mississippi, “are not going to take the responsibility for ignominous backing off from this man Fenning. The record shows that he is getting $16,000 to $20,000 a year out of these ex-service insane men and rendering practically no service at all. Made Own Defense. “Under the leadership of friendly members of the committee, he put into the record his own defense Then when the committee began to develop his conduct, he announcej he would not come before us again I am going to insist here and on the floor of the House that this man Fenning be brought back here. 1 sincerely trust tnat the gentleman's motion will be voted down.” Representative Luce, Republican. Massachusetts, observed that “it is not the custom to require the chair- man tg take action contrary to his own fudgment,” ref 8ing to Mr Johnson's refusal yes.wrday to pred sent the resolution. “Is it that the sympathy with the case?’ Rankin “I've been informed by the highest authority in the House,” replied Chair- man Johnson, “that the judiciary committee will take up the whole Fen ning matter today or tomorrow. That committee contains some of the best lawyers in the United States. So far as the chairman knows, it has never indulged in . political byplay where serious charges have been lodged against an important public official Confident of Justice. “The chairman has no apology to make for any action. The chairman requested the gentleman from Ver mont (Mr. Gibson) to make the origi nal motion for this investigation and he fought for it in 1924, and is entire ly satisfled that full justice will be done by the judiciary committee. The chairman, personally, would like to get a law reported by this commit- tee.” Mr. Bulwinkle replied that the com mittee “is not here to prosecute Fen ning, but to take care of the disabled men. He's a mere incident in the case.” Representative Browning, Demo crat, Tennessee, declared: ““He re auested to be allowed to come before and the committee very courte- ously granted this request. \We per- mitted him to make his statement, and when we wanted to ask questions he declined to answer and even to come back. Is that reciprocai cour- tesy? It's a deliberate affront to the people.” “I'll answer th chalrman is in asked Mr. question vou put | to the chairman,” said Representa- tive Sweet, Republican, New York. “1 hold no brief for Fenning and am in favor of punishment if he is guilty But I presume he arrived at the con- clusion that the investigation was for no good purpose or for the good of the veterans.” The Democratic side of the table be- came visibly irritated at this remark .00 A Gallon 50 a Gallon will always be maintained. a higher price. Any color Factory ilding 2112 5th St. N.E. your foot troubles “Family”! All feet want Style—but some must have comfort. Our F oot Comfort . Department oes far in recognizing this, nd will carefully fit you with hoes that will provide out- You leave your Foot Trou- les at the Family Shoe Store when our Four Foot Experts dvise and treat vour feet. Widths AAAA to EE Siges 1 10 11 In black kid, patent, tan kid and black satin. 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As the motion was not agreed to, Mr Bulwinkle has authority to introduee the resolution The first witness heard was Clark an inspector of the Veterans Representativs Vincent, Republican. | who was an attendant ir Michigan, who because of illness has |« harge of mental incompetents been unable to attend any of the hear- | recently sent t. Elizabeth's Hos ings prior to today. declared: “It is| pital to Augusta, ¢ e could thro not within the dignity of Congress to|no lizht on the subject other than 1 have a witness excuse himself when he received his orders from 1) he sees fit. 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