Evening Star Newspaper, June 10, 1926, Page 1

WEATHER. (U S Weather Bureau Forecast.) Fair tonight and tomorrow: not much change in temperature; gentle nor: est winds, Ilizhest, 83, 3:30 p.m. vesterday: lowest, Full report on page 9. . at 6 a.m. today. Closing N. tered as se 20,990. t office Y. Stocks and Bends, Page 30 - i The ening WITH SUNDAY MORNING EDITION Star. “From Press to Home Within the Hour” The Star’s carrier system covers every city block and. the regular edi- tion is delivered to Washington homes as fast as the papers are printed. Yesterday’s Circulation, 99,195 id class m hington, 1. tter C. i\'ASHlNGTON, D. C, THURSDAY, JUNE 10, 1926—FIFTY PAGES. ed Press. TWO CENTS. $49435 WAS PAID POLLS 'WATCHERS, WITNESS DECLARES McGovern Irtvrérsr Third of Vare and Pepper Voters Got $10 Each. _ SAYS 170RIN SOUGHT BETTER ELECTION LAW Tells Committee System of Machine Politics in Pennsylvania Is Statewide. BY G. GOULD LINCOLN A tale of amazing p tlon in western Pennzylvania was un- folded today hefore the Senate investi- gating committee by Col. Charles C. McGovern, western manager for Gov Pinchot in the recent Rapublican sen atorial campaign. Col. MeGovern estimated that there had heen expended by the Pepper and Vare campaign committee a total of £194000 for “watchers” at the poils on election day in Allegheny County alone He said that in the county there are 1.414 districts, and that the Vare peo- ple had approximately 19 watchers to a district, paid $10 cach. The Pep per watchers he estimated at 25 1o a district, receiving $10 each. The com mittee asked Col. McGovern where he &0t his information. Names Morin as Source. From Morin of Pittsburgh,” replied McGovern. Mr. Morin was the for Vare in Pittsburgi. he complaining about the large number of watchers the Peppe: penple had as_compared to the num | her for Mr. nsked. Col. McGovern replied that Mr Morin had worked hard to better the election laws in Pennsylvania. H. said that when Mr. Morin made this estimate of watchers at the polls he had asked Col. McGovern to discuss with Gov. Pinchot the possibility of geiting better election laws. Reports of the election returns Allegheny Cou showed that Vote cast for Pepper £0.436: for M . the successful contestant, and for Gov. Pin- chot, 44,377, Refused to Pay Watchers. Col. McGovern told the committee that Gov. Pinchot had refused to have any pafd watchers at the polls. Senator Reed, Democrat, of Mis- souri, chairman of the committee, called attention to the fact that the total number of votes cast legheny County for Pepper and Vare Was only 148,113, while the total num- ber of paid watchers for these candi- dates, receiving $10 piece, was 49,490, “In other words," said Senator Reed, “mora than one-third of the votors foy | Pepper and Vare received $10 each for their work as watchers on election day. Senator Reed fizured that at this ratio each vote had cost Senator Pep- per $4.14 and Mr. Vare $3.21 in Al legheny County, Charges Votes Were Bought. Senator Reed asked the witness if the use of paid watchers did noc amount really to paying for votes. Yes,” replied Col. McGovern. He explained that the families havins the largest number of voters are given preference in the selection of paid watchers. Many of the men appointed as watchers and paid. he declared, never go near the polls. It is pure commerce said Col MceGovern, “and common al! over the State. ; Col. McGovern was asked if the people and the press did not protest against such conditions. He replied | that they did, but that they were in the grip of a political machine and | 11 had not been possible to amend the election laws because of the domina tion of the bosses in the State Legis- lature. The machine, he said, is con trolled by Max Leslie, a State Sena- | tor, in the West and by Vare in the ! East, Vare?” the witness was in the was | 1 Goff Sees Little Relief. Senator Goff, of West | Virginia, at the of C McGovern's testin morning summed up the sit ying that apparently there was no from election frauds throuzh ors of the elections no courts, and Col. McGo with him. Discussing the failuce Gov. Pinchot to have paid watchers at the polls on election day. Col. MoGovern said: “"The governor did not want a spoils campaign conducted. having paid watchers and declared that no State employes should be co- erced to vote for hin “Do you characterize the payment of honest men who watch each othe: Repubiican through the n agreed !tion to the matter He was against | .| Former Amherst President Married 'FOE SLAPS PREMIER BETHLEN AS HE ENTERS | [Accuses Hungarian of Representing Nation': Oppressors. | f |Spain Refuses to Be Put | in Classification of l condary Power. By the i G VA, June 10.—Count Stefan i Bethlen Hungarian premfer, was| |Struck in the face today by a Hun- sarian as he was passing through | the lobby of the League of N: headquarters. Hig assailant ' rested. As the man was taken out by detec- | [tives he told the correspondent that | he had assaulted Count Bethlen be- |cnuse he did not properly represent | Hungary. He wished. he said. to give | {a public demonstration of Bethlen's | ! unworthiness. | Spain is unable te accept a classifi- | {ration in the composition of the League Council which places her in i the secondary rank of powers. Senor Querboul declared before the couneil | this afternoon. The attitude of his | sovernment, he stated. had not under- | ne any change. | Dr. Afranio Mello France of Brazil | crated Press. was ar | LEAGUE SESSION COUNT BETHLEN. announced that he would abstain from voting on the report of the council's reorganization commission This means that the commission will con. | (Continued on Page 3. Column 2.) | | BRITAIN THREATENS - BREAK WITH SOVIET Action of Russia in Aiding Strikers Regarded as Hostile by London. BY CONSTANTINE BROWN. | By Cable to The Star and Chicago Daily News. LONDON. June 10.—The eventual ity of breaking off all relations with Soviet Russia is being seriously con ' sidered by the British government as | a result of the sending of funds to| the striking British miners by the | Soviet government., thus enabling them to continue their fight. The view of the British government is that any bona fide trade union might assist fellow workers in an in dustrial battle, but that when a for- eign government subsidizes workers in another country, prolongs a strike and causes disturbances the action of that government must be considered hostile. It is officially admitted that the Russian miners were unable to send financial heip to their British col- leagues and that they were only a transmitting agency for the General Federation of Russian Workers, who in turn received the funds from the Soviet treasury Pledge Held Broken. This. together with orders sent by the “Comintern” to British Commu- nists. and now in possession of the home secretary, instructing them to! ‘form bands and fight the strike- | breakers,” is considered sufficient rea- son by a majority of the cabinet mem bers to sever all relations with the| Soviet government. The cabinet | holds the view that the Russian gov- ernment has proken the pledge given | in 1921, when the Soviet received offi- | cial recognition and promised sol emnly that “the Soviet government will refrain from any interference or any propaganda in favor of Commu- nist ideas within the British Empire.” This pledge has been broken several times by officials and unofficial Soviet agents 1n kngland, but no breach has been as flagrant as that of today. (Covyright. 1926, by Chicago Daily News Co.) AGITATION 1S GROWING. | | | | Government Expected to Take Definite Action. LONDON, June 10 (®).—The in- creasing agitation by the government supporters in Parllament and the anti-bolshevik newspapers against Russia s financing contributions to the striking British miners has led | the cabinet to give serious considera- | A speech by the Earl of Birkenhead, secretary for Indla, in London vester- day is interpreted as indicating that the government contemplates taking some action to put an end to the in- | flow of this money, which the critics | «ay veally is being sent to aid revolu- tionary propaganda in Great Britain. He declared that the sum of nearly ! £400,000, which recently led A. J. Cook, secretary of the Miners' Federa- tion, to “thank God for Russia,” was contributed by the Russian govern- {ment to foment revolution in Great Britain and “filch as much as possi- ble of the British coal trade in the in- terest of the Russian coal trade.” DR. MEIKLEJOHN WEDS. | started to enter the courtroom prior WHITTEMORE T0 D FORKILLING GUARD Baltimore Judge Sentences “Crime Trust” Leader to Gallows for Murder. Br the Associated Press. BALTIMORE, Md.. June 10. -Rich ard Reese Whittemore. “million-dollar crime. trust” leader. and slayer of a Marylind penitenti; guard. today was sentenced to die on the gallows. He killed Robert H. Holtman in es. caping from the penitentiary in Feb- ruary, 1925. Sentence was pronounced by Crim. inal Court Judge Eugene O'Dunne behind locked courtroom doors. Un- der the Maryland jury's unqualified tirst-degree murder verdict there were only two possible sentences the judge could impose—death or life imprison- ! ment. Date of execution will be set by Gov. Albert C, Ritcpie, but will automatically be deferred by an ap- peal which Whittemore and his coun- sel. Edgar Allan Poe, have announced will be taken. { The sentence is the culmination of a career of crime that began when Whittemore was a lad | Whittemore was arrested in New ! York as the leader of the “crime | trust” and taken Buffalo for trial for the murder of a bank messen- | ger in a $93.000 bank holdup. The | jury disagreed. Whittemore tvas brought back to New York and turned over to the Baltimore author- | ities. Leon and Jacob Kremer, Willie Unkelbach and Anthony Paladi members of Whittemore's gang. have been convicted in New York for! jewel robberies. ‘Takes Sentence Calmly. Whittemore apparently was not at| all surprised by the death sentence | and received it calmly. His wife, | Mrs. Margaret Whittemore, who has stood steadfastly by him since his ar- rest in New York last March, lapsed ' into unconsciousness twice. She had to the imposition of sentence. but while a detective was seekink a seat for her, her courage deserted her and | she fled to an office on the floor be- | low. There, from the lips of spec- | tators after the locked courtroom | doors were again thrown open, she ! heard that the bandit was to hang. | When she was revived from her first | fainting spell, reporters attempted to | speak to her. | “Please, please, go away!” she cried, | and became unconsclous again. She was taken from the building later by John Rawlings Whittemore, the slay- er’s tather, who had sat throughout the court proceedings with bowed ' head. FIVE DIE IN LOG JAM. | Lumbermen Killed When Boat Is; Crushed by Timbers. | ST. MAURICE DE GASPE, Quebec, June 10 (#).—Five lumbermen lost their lives yesterday when a hoat ! from which they were breaking up a huge log jam was crushed by the timber as it separated and rushed down stream. A sixth man in the boat narrowly escaped. | tions determined as a result last_inspection, which in the opinion | | &regational | the Congregational { United States has been slow { sume suffcient proportions to justify CONERECATINAL CHURGH UNSHE ORDERED CLOSED President’s House of Worship Has Unstable Roof, Balcony and Ceiling. PLASTER HIT WOMAN NEAR COOLIDGE PEW Knocked Unconscious During Serv- ice—Members to Use Theater Next Sunday. The First Congregationa! Church. Tenth and G streets. Dr. Jason Nohle Plerce. minister, has heen pro nounced unsafe for public assemblage, and the congregation fs compelled to medlately. Falling plaster a week ago Sunday night, May 30, just hefore the ser mon by the distinguished British preacher, Dr. Samuel W. Hughes of TLondon, showered some of the peo ple sitting under the gallery and ren dered unconscious one woman, who was sitting within 15 fest of President’s pew A careful inspection of the huild ing reeulted and the decision of the board of engineers and architects is unanimously adverse to further use of the church auditorium. Roof and Balcony Unsafe. The roof, celling and halcony the church were found to he afe. Col. John W. Oehmann, t inspector of buildings for the District of Columbia, reports “The wooden roof trusees are very seriously overloaded, with insecure hearings. and show evidences of hav ing been reinforced at some time in an attempt _to provide additional strength. These trusses in their present condition are absolutely un safe. and constitute a grave danger. since the entire roof covering and the auditorium ceiling are dependent upon their structural strength for support. In view of the condi of this of of this office conatitute a serious and grave menace of lifs and limbh, recommended that the futher nse of this building for assemblage he dis. continued.” Temporarily Strengthened. Although the church officials knew that the bullding was not in the best of condition. it had vween temporarily strengthened, while a campaign for a new building has been in progre: both locally and throughout the Con Church of the United States. The present report. however, necessitating immediate ance of the use of the building, ix an unexpected and a serious blow. congregation does not know where it will worship. but a special emergency meeting has heen called in the Sun day school rooms for tonight to deter- mine this question. The response of churches of the to as. immediate building. it was stated. The wedding of Miss Wanda Durkee. daughter of President and Mrs. Stanley Durkee, which to have taken place in the church auditorium on Saturday afternoon this week, has had to be changed to Calvary Baptist Church, at Eighth and H streets. Many Distinguished Members. The congregation of First Church, Washinglon. includes many _disting-: ! i . 1 to Senators, MELLON DECLINES T0 AID FARM FIGHT ! Adverse to-B‘Eifiibrawn Into Haugen Bill Dispute on Equalization Fee. By the Associated Press. The attempt to enlist Secretary { Mellon in the campaign for a farm rellef program based on the equaliza- tion fee apparently has failed. ; the rejected Haugen bill, the Treasury | head has found what he regards as | tallacies in the economic principle of i the equalization fee. | " The Secretary does not relish being sive up the use of the building im-| the | it ix | discontinu- | The | was | Appealed to by House supporters of | | brought into the controversy raging at the polls as a spoils campaign asked Senator Reed, with underlying to Miss Helen Everett. reasm. | 0ol McGovern said that the Pinchot | BOSTON, June 10 (®.—Dr. Alex- campaign committee had issued 3.000 | ander Meiklejohn, former president certificates for voluntary watchers at | of Amherst College and now a pro- the polls, and that many of them had | fessor at the University of Wisconsin, served and reported irregularities. Holds Votes Were Bought. “You mean that the employment of these watchers really means buying their votes,” said Senator Reed. “In a large measure, ves, replied McGovern. These paid watchers are permitted by law in Pennsylvania, the witness told the committee. “What do these asked Senator Goff. watchers do?" “They stand in the polling places| said | He said that the rail was sometimes put 40 fest away from | and watch what is going on,” Col. McGovern. the judges of the election and the watchers stood behind this rail. “'A well trained election judge would have no trouble in manipulating the returns, would he?" asked Senator Reed. “It would not judge of the for a minute, trouble an election trip' type of politician said the witness, Col. McGovern explained that the “strip” is a section of Pittsburgh where thers has been much corrup- tion. Similar methods have been car- ried “into other parts of Allegheny County, he said. “They weigh the vote instead of counting it." said Col. McGovern. He zald that, for example, in the second ward in the primary of 192 when | ~ (Gonginued 90 Page 4 Colugaad. | ! was married to Miss Helen Kverett, | daughter of Prof. Walter Goodnow | Everett of Brown University, at the | new Old South Church yvesterday. The bride is a_ graduate of Bryn | Mawr, and for the past two vears 4 member of the research staff Volcano Reported in Eruption. CORDOVA, Alaska, June 10 (P).— | Kanaga, a volcano of the Middle Aleutian Islands, is in eruption. Of- ficers of the Coact Guard cutter Unalga, which arrived here yesterday, said the odor of burning vegetation was noticeable several miles off shore. German Leader Dies. BERLIN, June 10 (#).—Conrad Von | was |of the Institute of Economics at | Washington. Wangenheim, nationalist leader and president of the Agrarian League. is dead. Mrs. Josephine Ward. mother of four children, three of whom are un- der 16 years of age, was put through ! the trying experience in Police Court today of having to instruct the court of what penalty her husband, Edward | G. Ward, should pay for habitual : drunkenness, of which he was held to be_guilty. With a calmness that was a marvel to the case-hardened -habjtues of the court, Mrs. Ward said: *It seems use- less to give him another chance, be- cause he can’t stay away from boot- leggers, but, for the sake of the chil- ! dren, it would be better if he were | kept at work than to be sent to Occo quan. However, if he breaks promise this time he will Aeserve mo: Moan 513 MQRLDE - IWife Puts Husband on Probation When Court Asks for Her Verdict Judge Isaac R. Hitt, who was sit- ting in the case, agreed to gnother probation. He sentenced Ward to a fine of $100 and 30 days, but suspend. ed sentence pending good pehavior on probation. “Your husband deserves no consid- eration from this court, but T want to know what you want me to do with him,” sald Judge Hitt, after the wife had testified against Ward. Twice Mrs. Ward hesitated, but at the third insistence of the court she responded. Appearing in court with Mrs. Ward were two of her children. They are now living with her married son at 1116 Florida avenue. Ward, it was said, has heen on pro. bation before on liquor charges and | paa begn conylsted Lox non-sunpagl, | about this question at the Capitol, and he still has under consideration | what he ought to do about the request | ot House farm leaders to render an | opinion. He fears he will not be able to outline any constructive program | at the present time. Mr. Mellon has discussed the equali- zation fee with Sir Josiah Stamp. the | English economist, who with Vice | President Dawes has indorsed the | proposition. He indicated, however, he could not agree with Sir Josiah and Gen. Dawes. MEXICO ORDERS CANADIAN PHYSICIAN BE DEPORTED British Vice Consul at Torreon In- tervenes in Effort to Pre- vent Expulsion. By the Associated Pre MEXICO CITY, June 10.—Dis- patches from Torreon say that the chief of police of Saltillo has arrived in Torreon, bringing an order from the department of interior for the deportation of Dr. Willlam Cole, a Canadian physiclan, who has prac- ticed in Torreon for 16 years. The British vice consul at Torreon has telegraphed Minister Ovey. He assures the minister that Dr. Cole is an honorable man and requests the minister to intervene and endeavor to hz_\'b the demmllnn order revoked. s—Page 2. CONFESSION AIDS PROBE OF SLAYINGS un- | iBurkhart. Nephew of Hale, | Admits Part in Osage Kill- ings—Accuses Uncle. | Br the Assomated Press | PAWHUSKA. Okla.. June 10. State | and Federal officials today turned to the collection of additional evidence in the finvestization of Okiahoma's Osage Indian country ‘“reign of terror.” in which 17 persons were killed. followinz the State's victory | vesterday in the first of the Osage murder cases The prosecution’s triumph when Ernest Burkhart. who had been | on trial for more than two weeks, { dismissed his attorneys and ! zuilty to a charge of killing W. E Smith, Fairfax rancher. Smith's mur- der, the State contends. wak one of a series in a conspiracy to kill wealthy Osage Indians for their property. W. K. Hale. wealthy cattleman and uncle of Burkhart. now faces trial { with John Ramsey. farmer. for the | killing of Smith. Hale. known as | “King of the Osage Hills.”" is alleged {to be the “master mind" In the con. | spiracy. Smith. his Osage wife. Rita. {and a white housemaid were killed [in an explosion which wrecked the 1 Smith home four vears ago. Funds Delay Trial. Lack of State Court funds will pre vent immediate trial of Hale and Ramsey. Judge Jesse Worten an nounced in scheduling the cases for September 20. Burkart will be sen tenced June 21. Although the United States Supreme Court the Government has jurisdiction in | the cases. Federal authorities today were uncertain as to whether an a | tempt_would be made to try the cases Federal Court. " ekhart sald he wished to plead guilty, “hecause as | see it the honest and honorable thing for me to do is fo stop the trial and acknowledge the truth.’ He previously had testified that Federal agents had obtained a | confession from him throush third- | degree methods. including the use of an electirc chalr. 1 Burkhart Accuses Hale. | statement issued in connection |t s plea, Burkhart accused Hale ot being the leader of the plot to murder Smith, He said he aided Hale in finding an assassin to blow up the Smith home. He also stated he asked Ramsey fo assist in securing some !one to “do the job." : |*"The ~allexed _conspiracy centers 1 i | e mysterious death of Lizzle [ aoun e Woman. whose. estate s valued at $2.000,000. There were three daughters. Anna Brown, Rita was shot in May, 1921, and Bryon Burkhart. brother of Ernest, is | charged with Killing her. —Kelsey Morrison, a convict, testified at the Burkhart trial that Bryon assisted him in killing Anna Brown. The Indians here show little interest In the cases. Burkhart's wifé, Mollie, was one of the few to attend court regularly i FRENCH FEAR PASSES. War-time Conditions to Restore Franc Seem Unlikely. IS, June 10 UP).—Fear that the cagx:?t restrictions committee was about to impose war-time abstinence on the people in its efforts to aid in the rehabilitation of the franc, now has largely subsided. Tt appears that the first principal efforts of the committee will be aimed at compression of government ex- Denditures and restrictions in imports, Sich as, coal, lead, copper and luiucl:::ding to The Journal, the cabinet has approved these proposals in principle, but will not give final indorsements to them until they are examined in detail. TAFT STILL IMPROVES. Chief Justice Feeling Fine, But Postpones Vacation Trip. By the Associated Press. Justice Taft continued today hlEhr‘:(l‘,O\'ery from the illness which to bed last! week. !"l‘tl 2\'-:‘: :‘ld at his residence that was ‘feeling fine,” but at the ?:commendnlnn of the heart special- A ne until next week | S i ., or his Summer home in Canada. R of | came | pleaded | recently held | Smith, and Mollie, wife of Burkhart. | | ttending him he decided to post- | it a departure | expected tn leave town as soon g Mmad * (Continued on BRUCES IN ENGLAND. Honeymooners Will Go to Paris. Thence to Post at Rome. PLYMOUTH, England. June 10 (8 David K. Este Bruce and his bride. the former Ailsa Mellon. pnlyv daugh [ter of Andrew Mellon. American Sec | ratary of the Treasury. were passen- | gere on the United States liner Prasi | dent Harding. arriving here today. | They proceeded 1o Cherbourg, whence | they will go to Paris. | Mr. Bruce. the son of United States | Senator William Cabell Bruce of Maryland. is taking his bride to Rome. where he is in the American | diplomatic service. RETIREMENT BILL \ | | AGREENENTIS SEEN Conferees to Meet Again To- morrow—House Plan Like- i ly of Approval. An agreement on the hill to libar alize the civil service retirement law | may be reached by the Senate and House conferees tomorrow afternoon | The conferees mat for more than an jhour today, but did not reach an | understanding and adjourned until 3 | o'clock tomorrow. | While there was no intimation as | |10 what took place at the conference | today, those who have heen following | [the situation believe the House plan |is_most likely to prevail The House biil raises the maximum | annuity from $720 a year to £1.000. us- |ing $1.500 as the maximum salary in | computing the annuity. It increases | | the contribution of the emplove from | 2i5 per cent to 31; per cent of his salary, and leaves the ages of re tirement. as they are in the existing law with no provision for veluntary retirement at earlier ages. This bill it has been estimated. would cost the Government about $29.000 a year less than the existing flaw. The Senate bill increases the maxi | mum annuity to $1.200 and the em ploye's contribution to 4 per cent. but would permit voluntary retirement at earlier age limits than the ages for compulsory retirement. g STAY IN SENTENCE REFUSED TO SHERIFF Justice Butler Declines to Inter- vent in Case of Illinois Officer. | | | | | | Br the Aseociated Pre | Justice Butler of the Supreme Court today refused to stay the jail sentence imposed upon Sheriff Peter M. Hoftman of Cook County, IIL. The justice handed down his de- cision after overnight consideration of a petition from counsel for the Chicago sheriff. who was convicted of alding In extending special privileges to Terry Druggan and Frank Lake, serving at the Jail for prohibition violations. In presenting the petition Hoffman's lawyer pointed out that the Supreme Court had recessed until next October, and declared that unless a temporary stay were granted his client would | have served half his term before an appeal ‘could come up in the regular | cours Any single justice can grant a stay in such circumstances. Justice Butler | Was appealed to because he presides over the cireuit in which Chicago 1s! located. His refusal to act does not | preclude some other member of the | l Supreme Court from intervening. | POLICE PROBE ATTACK ON EX-CATHOLIC PRIEST By the Associated Pre HARTFORD CITY, Ind., June 10.— County and city authorities today are investigating an outbreak at a meet. ing here last night when L. J. King, 55 years old. of Toledo, Ohlo, self- styled ex-Catholic priest, received a | slight concussion of the brain and other hurts and two others were in- Jured by being struck with black- Jacks. King was not seriously injured. The | sheriff has ordered that no more meet- ings be held, and King, at the Black- | ford County Hospital, said that he | his injuries would permit. - A | and offers. | operators COOLIDGE FLOODED | WITHHOUSE OFFERS Need for Temporary Quar- ters During Repair Work Brings Great Response. President Coolidge's problems which are growing more numerous and eom- | niex almost daily are to be added 10 when the time comes. some time with in the next vear, to select temporary fquarters to serve his household dur- ing the long period the White House will be undergoing alterations and re- IFENNING IS DENIED BOND COMMISSION: FEEPUT AT 3 PCT. Justice Siddons, in Decision on Adler Case, Sustains Commissioner in Part. AUDITOR IS OVERRULED IN HOLDING UP BOTH Court Says Premium Was Col- lected Through Misconception, But Not Fraund. Commissioner Frederick A. Fenning today was denied the right to accept from the bonding company for which he was a solicitor 25 per cent of the premiums on surety bonds paid hv his ward's estate, as a commission. by Justice Frederick L. Siddons of the District Supreme Court. The rourt. however. sustained in part the exceptions filed by Mr. Fen ning to the report of Herbert L. Davis. auditor of the court, which had denfed him any commission for his services | #s committee of Adolph Adler, an in mane World War veteran, and held that the bond premiums should be paid from Mr. Fenning's own funds instead of the ward's estate. Justice Siddens allowed Mr. Fenning 5 per cent of the income of Adler's estate (or $50) for serving as committes the past vear and allowed him to charge three-fourthsa of the bond premium to the estate. The ward, therefore, will pay only three-fourths of the full pre. mium on Mr. Fenning's surety bond. Mr. Fenning had asked for 10 per cent, or $100. Gives Up May 1. Mr. Fenning's practice up until sev eral months age of accepting one fourth of the bond premiums paid by his ward's estate as commission for executing the bond, has been attacked hefore several congressional commit !tees. Since May 1 the Commissione: has not held a license as a_solicito! ;of the United States Fidelity and | Guaranty Co. and, according to his sworn testimony befors investigating | bodles, he had net accepted the com missions for a few months prior tc pairs. The task of establishing a tempo rary White House in Washington. or in any other place. for that matter. is no easy one. and it is needless to say that already Mr. Coolidge Is be- ginning to realize what he faces. The President's mail and telephone | today brought numerous suggestions many from real estate The President was sur prised to learn that there are so many vacant houses in the Capital. While making known the receipt of these suggestions and offers, the White House did not discuss the location of any of the houses offered. Work to Be Delayed. What causes the President already to view this problem with concern i= the fact that public announcement of the fact that the White House is to undergo some long-delayed im- provements. which may necessitate | the establishment of temporary quar- ters while the work is under prog- ress, was only made vesterday. If the communications he has received within the last 12 hours signify the public interest in this matter, what | can be expected along this line when he and Mrs. Coolidge actually start house hunting. Although the President is going to have this problem hanging over him | from now on. it is not thought that he will be forced to vacate the Execu- tive Mansion within the next months. It is not the intention of those engineer officers of the Arni who will have personal supervision over this work to begin making the improvements before next Summer. They will begin immediately upon the | President's departure on his vacation next vear and will have accomplished much before the presidential family returns to Washington. It is expect ed that the work will require seven months. Therefore, it is thought likely that the President will be called ' upon to occupy temporary quarters for only a flve-month period. One of the engineers while discuss- ing the contemplated operation today expressed the belief that it may wot he necessary to make the presidential family seek quarters elsewhere. He is optimistic enough to be of the opinion that the heaviest and most important part of the repair work can be dis- nosed of while the family is away for the Summer, and that if they can put up with some noises and disorder necessary to such work, there is no reason why they cannot live in the! White House throughout the remain- der of the job. This will be for the President and Mrs. Coolidge to de- termine when the time comes. Roosevelt Forced to Move. If it is found necessary to live else- where until the work and all is quiet and orderly within the old mansion this will be the first time in more than quarter of a century that a President has been called upon to establish a temporary White House, except during the period’ of a vacation. It also will be the second time' any President, during the ex. istence of the White House, has found it necessary to vacate temporarily. The White House was burned by the British in 1814, and President Madison and his household were com- pelled to flee. During the period of this excitement and during the re- buiflding of the White House the | Madisons lived first at Nineteenth | woutd. street and Pennsylvania avenue and later in the Octagon House, Eighteenth street and New York avenue, which architecturally handsome residence is still standing. President Roosevelt was the next President to set.up a temporary White House here. It was in 1902 while the executive office and the wings to the White House were being built and extensive repairs were being made to the interior of the House itself. During this period the Roose- velt family lived in the four-story brick and stone residence at 22 Jack- son Place, directly opposite Lafayette Park and less than a block away from the White House itself. The possibility of having to seek temporary quarters during the repair- ing of the White House was one of the principal stumbling blocks that it _dificult to ohtain President Column 3) is completed ! that date, because the question of | “propristy” was raised. Had Mr. Fenning not held a solic | itor's license the premiums as paid | by the wards would be the same and | the commission would have been kept 1 by the agent who drew up the bond In this event he would have made ne profit and the estate of the ward | would neither have suffered nor bene. |fited. By Justice Siddons’ decision | today thé estate of Adler is saved one-fourth of the premium. The bond premium in this account was $36.67 |and now this figure will be reduced Ibpj $9.17. which Mr. Fenning had re ceived as his commission. | Fraud Not Intended. Justige Siddons discussed the 25 per cent bend premium commission at | 8reat length. citing precedent after ! precedent. He then declared: “In the | light of the settled rule, as so plainly |indicated by the authorities cited | above, it {s clear that Mr. Fenning | cannot be allowed to retain the sum | which he received as commission from {the surety upon his bond or under- taking in this case, which sum fs one. fourth the amount paid by the estate |of the surety. | _“The evidence in this case does not justify the view that Mr. Fenning | intended to perpetrate a fraud or to profit at the expense of the estate |camm1ued to his hands. The evidence shows, at most, a mistake of judgment or misconception of what his duty as committee required of him." The two exceptions filed to the | auditor’s report by Mr. Fenning were: To that part of said report which dis- |allows his expenditure for premfum "upon his bond and requires him to | pay the same from his own funds, and denies his right to accept and retain ;2 commission on said premium,” and }!EI “in refusing to allow the commit- |(pn any commission whatever.” First Exception Sustained. After discussing both cases fully, 1 Justice Siddons said: “For the fore- | zoing reasons. the first exception to | the auditor’'s report will be sustained | to the extent of allowing three-fourths | of the bond premium claimed as a | credit by the committee, and the sec- | ond exception sustained to the extent | that Mr. Fenning should be allowed a commission or compensation of 5§ pes cent, based upon the amount of | income reported and accounted for in the pending proceeding, and an order to this effect will be settled and signed on notice. The court disapproves the action of the auditor in invitin€ representa- | tives of the Veterans' Bureau to at- | tend the hearings and participate in the arguments before the auditor. | While the court appreciates the great interest of the Veterans’ Bureau in | the welfare of the veterans, the court points out, the bureau should seek permission to intervene from ‘the court. A reference to the auditor, the court says, does not clothe that | official with authority to invite any j one excepting parties in interest to lattend the hearings before him. May Refund in All Cases. Mr. Fenning has stated before the |investigating bodies that in the event |the court finds he canrot accept the 25 per cent commissions he would | comply with the order and not appeal |from it. When before the House ju | diciary subcommittee he was asked if {he would make the refund to all es- . itates involved and he indicated he Jubtice Siddons’ decision began with a comprehensive review of the of Adler. The veteran was transfer red from St. Elizabeth's Hospital/ in 1922 to a hospital in the Bronx., New York. Last March Mr. Fenning filed the final atcount, as the man's father had qualified as guardian in the Stute of New York. At the hearing on the final account, Joseph Gans, a New York attorney, and Maj. Davis G. Arnold, national guardianship officer of the Veterans’ Bureau, argued against the retention of the commis- sion and declared it should be re- funded to the ward. Mr. Fenning held that to do so would violate section 654 of the District Code, forbidding rebates on insurance premiums, and also set forth the commission was compensa- tion for services rendered by him to the compl,!xl,\‘ He made it clear that ‘ontinued on Page £, Ci um,nK