Evening Star Newspaper, June 18, 1926, Page 2

DAVIS WELCOMES , VISITING CARDINALS Irish Prelate Sings High Mass—900 Girls Chant at First Rites. By the Associated Preas. CHICAGO. June 18—The first solemn nontifical high mass in connec- tion with the Fucharistic Congress was celebrated today hy Cardinal O'Donnell of Ireland in the chapel of the Immaculata High School, where a choir of more than 900 girl students chanted the responses to the pravers. He spoke in Ireland’s own language, Gael, In his address to the assem blage. The nine visiting cardinals rested today in their hotels or enjoyed sight seeing tours while awaiting the formal civic reception at the Coliseum tonight, where t are to he wel- comed by Mayer Willlam E. Dever, Gov. Small, Secretary of Labor Davis, representing the National Govern- ment, and spokesmen for business and elvic organizationg. Secretary Davis arrived this morn- Ing. bearing the greetings of Presi dent Coolidge. to he delivered at the reception. David F. Kelly, Chicago department store manager and a knight commander of the Knights of St. Gregory, will preside. Other speakers include County Cierk Robert M. Sweitzer and Samuel Insuil, speaking for the commercial interests of the city. More than 12,000 pacity of the Coliseum, are expected to participate in the reception. The Coliseum will be open to the public. Deneen Unable to Attend. Senator Charles 8. Deneen. who had been scheduled to speak. has advised | officials of the congress that the pres. | sure of public business will not per- mit his absence from Washington. He will send a greeting through a representative. Explains Attempted Incognito. Michael Cardinal von Faulhaber of Munich. who attempted to travel from Germany to Chicago incognito, today explained somewhat his modesty. “T traveled to this country in- cognitn,” he said. “hecause [ was com- Ing as a delezate to the Fucharistl Congress of Chicago. not of New York, nmor of the Atlantic ocean. Until T arrived here, as a delegate.'{ there seemed little that I could do or say which would be of interest. “I am a professor. For four vea from 1303 to 1907, 1 was professor of Old Testament at the University of Strasbourg. and my firet name is Michael. So it was entirely correct, | it eems 10 me, 1o hook passage un der the name of Herr Prof. Dr. R. Michaelis. persons, the ca- tice Department to Citing authoritiex which he contends decide that a Commissioner of the Dis- trict of Columbia is an impeachable official, and adding that none of the cases cited by counsel for Commls- sioner Fenning bear directly on thix Question, Representative John Rankin of Mississippi, proponent the Blanton charges against Comm! sioner Fenning. has filed his vepl brief with the judiciary subcommittee handling the case. and it appears to day in the appendix to the Congres- sional Record. He contends that Mr. Blanton should opposing counsel, but should he given ““the thanks of (‘ongress and the grati tude not only of the people of the Dis. triet of Columbla hut of the ex-service men of the country.” . Rankin gives considerable space reply to the question of whether Mr. Fenning is guilty of embezzlement in accepting commissions on honds, and contends that such alleged em- bezziement extends over a period of years, adding that the Attorney Gen- eral of the Unlted States and the Supreme Court of the District of Co lumbia should act by instituting pre ceedings against the local official. Cites Business Conunections, Fe also argues at some length that Commissioner Fenning {8 amenable to the prohibition of section 41 of the United States Criminal Code forbld- ding any officer of the United States in the transaction of business with a busi ness concern with which he s con- nected or in which he has a pecuniary interest. ; Taking up the suggestion containea in Mr. Hogan's brief that Mr. Blan- ton should be punished, Rankin says that the defense counsel “‘uses lan- guage which if one Representative should use on the floor of the House with reference to another might, un- from the Record.” First asking for what Mr. Blanton should be punished, Mr. Rankin then rrogates: “or unmasking the plunder 1 of Washington? Indications are that he has just scratched the surface. the are e of hey toward the pes of Columbia. ext duty Distriet depend upon Congress and the Presi- dent of the United States to see that the affairs of the District are honest- Iy and decently administered, and they have a right to expect that none of those so charged shirk their re- sponsibility.’ Wants Testimony Read. Rankin says that he does not members of Congress o rely M. a arvrived in New York, 1 was anxious 1o have a day in which to complete xome writing. And that is why I wished to keep my incognite.” All ceremonies. as a matter of fact Ao not greatiy the cardin: Picture of Lez ndary Irishman. “Then. when 1 | 1 e princ primate of ! Treland e Irishman | of legend—ready wit, sirong physique. magnetic personality and easy dignity s APt i S &l he was gr by relatives | He portrays ul whn migraied from County Armash, |y a4 generous Government to build | not a dej Ireland i Two more cardinals are due hefore the npening of the cong: Cardinal Dougherty. Archhishap Philadelphia. is expecied William Cardinal O'Conr As hishep of Boston, is scheduled to rive temorrow An annenncemsnt by eommittes of the congress sava that more than 30.006 rooms ar sted a7 that theusands more are available for visjtors. General influx of the pilgrims ix expected to Start tomorrow merning Hundreds of special trains and hoats are due to arrive hou innink Saturday and continuing through Sunday. Many of those coming will | remain throngh Thursday, the con- ( elnding day of the event. “FLOATING CHURCH" SAILS, the housing | { i | B8 Cleveland Catholics Will L Rig Lake Ship at Congress. CLEVELAND, June 18 (P).—A “foating church” caerying 300 Cath- | nlics, the official delegation of the Cleveland diocese. sailed from here | tnday for the Eucharistic Congress | a1 Chicago. { The hoat on is the Seeandbee, one of | the largest on the Great Lakes. It was chartered by Rishop .Joseph Schrembs. who heads the diocesan Aelegation. Twe altars have baen built into the hoat for the trip. Fvery morning mass will he celebrated by the hishop or ane of the priestx making the trip. The Seeandbes will dock at Chicage Sunday. opening day. During the five days the congress is in session the hoat will he the home of Cleveland pligrims. Among the many noted ecclesiasti- cal dignitaries at Chicago Bishop Schrembs will have a prominent place. as he will direct the sessions of the Priests’ Eucharistic League, nne of the many meetings during the five.day celebration. the | ton or by any one else, hut he does {urge them to read all the testimony and then to se men have neglected into the citing rtaken in decide whether heen cruelly nd plundered. He Rgoes cases of Adler and Ander Axures, taken from the hearings, t vear out his contention that Mr ‘enning received more money from these cases than did hix wards As 10 the contention by the defense hat thix money was deposited in the hank the credit of the g s such. Mr. Rankin savs This money was not appropriated the hearings not th mistreated, up an estate for this ward to leave when he dies or to enrich & guardian ed to jife sufficient to help him fight his battie back, If possible, to perfect heaith. Instead of that, they are put in St Elizabeth's Hospital. fed, housed and slept not onlv with the beggars of the street who are com mitted to that institution. but with the hopeelssly and perhaps violently | and criminally insane. If the money for these boys had been properly ex pended upon them, and they had been given that treatment which their | caser required and which these funds would have amply supplied, many of them would today be restored to their normal condition of health and sanit and be enjoying the God-given bles ing of American life as well as the consciousness of a Nation's g tude. Feanlug-White Col He points out that defense counsel do not deny allegations that Mr. Fen ning and Dr. White have a joint bank account; that they wrote a book to- gether many vea 4go; that Fenning has access (o the secrel records of St. Klizabeth's Hospital and that he is the only person not connected with that institution that has such a privi- lege: that when Dr. White was in- vestigated 20 yvears ago Fenning went to hix.defense; that it is practically impossibje to get a person released from St. Elizabeth's Hospital without Dr. White's consent. Referring to citations made by Mr. Hogan to show that Mr. Fenning is not a Federal officer, he points out that In the cases of Barnes vs. Dis- ns. {trict of Columbia and District of Co- Jumbia vs. Woodbury, the question as to whether the Commissioners of the District of Columlbia, whe a pointed by the P’resident « United States and confirmed by the Senate, bonded to the United States and take the oath of all Federal officers, ceased to be officers of the i'nited States because officers of the .1 not only not be punished as xought hy | persons from acting as an | der the rules of the Houne, be stricken | Al ‘ongress is charged with the high- | forced by their peculiar situation to | upon the churges mude by Mr. Blau- | dian | THE EVE FENNING CAN BE IMPEACHED, RANKIN DECLARES IN HIS REPLY L !Brief Cites Authorities to Prove Point—Urges Jus- Institute Proceedings Against Commissioner—Praises Blanton. ment: but citations are expressly made in that brief to show that Fenning may be removed hy efther method. Since no power to remove a commissioner is contained in the act of 1878, it follows that he i3 impeach- able, and that, instead of waiting {upon impeachment proceedings, the | President has the power to remove | him. | “This very deéision of Barns against Untted States, cited by Mr. Hoga ! clearly shows that by the act of 187 the four members of the bhoard of {public works of the District of Columbla were removable by the President under the expressed terms the act and that the gover of hoard conld o impeachment g secretary moved hy unless the President chose to remove | under the doctrine that the power to appointment implies the power of | removal. . Power in U. | “The following 1= copled from page 663, twenty-fifth ruling case law: ‘It is undoubtedly ‘trug that the District of Columbia is a Jitical community in a certain nd in thai seuse may Le but the sovereign power of this qualified Siate is not lodged in the corporation of the District of Collnbix but in { the Government of the United States. | Its supreme legislative body is Con | gress. The subordinate legixlative powers of a municlpal character which have been or may be lodged | in the eity corporation or n the Dis- | triet eorporation do not make these bodies sovereign, Crimes committed |in the District are not crimes | gainst the District, but against the { United States.’ | " “Ruling Case Law, case 676: ‘Its | executive department consists of a { hoard of three commissioners who are appointed by the President of the | United States, by and with the advice and Cnsent of the Senate.’ Its judges | are wppoinied in like manner. Its al legisiature is Congress, Its per anent residents are citizens of the United Srates, Ruling Case Law, pake 137, says | “Persons liable to tmpeactiment under the Federal Constitution are the Presi dent. the Viee President and all civil :nm of the United States It {also settled by legislative precedent | that a Senator of the United States ix not llable to impeschme In gen | eral, so far us the matter i be definitely settled, it a | the officers liable to t thoxe who are con | President, as provided Ly section article 11 of the Constitution, except Jing those emploved fn the tand and | naval fo bat including all the Fed I eral juc | ‘ ‘ | ims He Is Officer. “IC s contemdea that the Court of the United States in { politan Railroad vs. District of Colum bia (132 U, X, p. D has decided that | the District of Columbia ix not a de | purtment of the Government. This in nowise affects the question whether or not Fenning ix an officer of the United atex. I is true, ux decided by the | Supreme Court of the United {in Hartwell vs. Unlted States (6 \Wal | 1ce), “that all” persons appointed by | the heads of departments ave civil cers of the United SNtates: the e It cannot be argned that Fenning ix | not a civil officer of the United States, e District of is rtment of the rent. | lle comes within the pr class | of Kederal officers mentioned in’ that | decision —namely, those appuinted by the President and confirmed by the nate. Other authoriti Rankin, | Taking up the question of whether | Commissioner Fenning was guilty of | embezzlement n accepting comimis. sions on honds, nkin says | “there 1% no ch wclusively proved t . Justice Siddons | of the Supreme Court of the District of Columbia has decided that this ac- tion on the part of Fennlng fed { on for more than 20 years in hundreds | of cases. was fliegal. In tne opinio flled by this fustice on June 10, 1926, in the case of Adulph Adler, lunac: No. 7742, the justice relterates that neither the court nor the auditor nor any Judge of the tof | the District of Columbia ever had any Knowledge of (his practice by Fen ning. The court held as untenable the clalm of Fennlug that if he turned {over the premiums unlawfully app priated by him to his wards. he would | be violating sectlon 654 of the code | prohibiting rebates. 1t would have added to the weight of the justice’s opinfon If he had also held, which he apparently did not know, that all bonding companfes come under the act of August, 1895, as amended by the act of March, 1910, and report to the Secretary of the Treasury, and that there is no prohibition of rebate in either of sald acts. Says Opinion Is Private, “Although the question as to whether Fenning had committed em- bezzlement or perpetrated a fraud on the auditor or the court,” the brief | sald, “was not involved in the order of | reference 1o the auditor and could not have been fnvolved, the court was not -alled upon to puss upon those ques | tons from which counsel for Fenning | appear Lo get Batisfaction. The court | went out of its way and as obiter dictum expressed the opiniou that the evidence did not show a fraud; but since that is not u legal opinion, but « Supreme 1 | because t are cited by Mr, Metro. | tes | WASHINGTON, D. . FRIDAY, Police on His Trail WILLIAM €. DAVIDSON Alias William Calne, of Tos Angeles, who testified before the House alcholic traffiec committee in (h e of & ‘“re- formed bootlegger.” The San Francis- | co police have usked the local detec- | tive bureau to find Jim and question | tion “with charges of | check transactfons. 2 er to limit the fees of Mr. Fenning to 5 per cent by a general rule adopted Ly the court in gemeral term, and to Hmit the number of s wards to five us to any one guardian. | ‘It Fenning ix not gullty of | zlement in appropriating for the commissions secretly taken by as missions on loans of his wards money, and if he is not guilty of em hezzlement in appropriating his | own use for more than 20 vears one fourth of all premiums on honds paid | out of the esta of his wards, then the case of the United States va. Mas- | ters and Kinnear (42 Appeals D. p. 330) should be overruled and th fine of $2,000 pald by each refunded to them and their characters as em- | zzlers reinstate because they did . than Fenning has done in commissions paid them on « The only ¢ umitted this act at . each indicted and convicted of Lihe felony of embezzlement. while Fenning conmmitted this act hund of ses of unlawful commis stons and thonsands of times in {of unlawfual premiums, one time Says He Took Prem extimated | - ap “It can be conservatively that since Fenning on an ave propriated to his own use not 1 than five premiums on the bond -of each ward during his peviod of guar diauship, he has appropriated to his own use @bout 4000 premiums, every one of which, under the decision of Justice Siddons, he is morally and ally hound to return to his wards eith der penalty of dishament or £ crimin, . or both prosecut Fenning showed ded that goud faith when, on filing his re Iport in the case of Edward 1. H 7 in | [ 1915, he asked to le allowed to retatn | 1 th commission he had received on a | an of $300 of his ward's money. nee | this commission amounted. according {to his own report, to but $1.50, it was {evidently put out as a feeler, because [ he had been collecting illegal commis sions s, und the loss of | {$1.50 would not be a great one —to Fenning. However, it cannot be said that he was actuated by any high mo- | jtive in making that disclosure, be-| cause -the disclosure appears in a re- | port filed by him on July %, 1915, and in 1914 both Masters and Kinnear had been convicted of embezzlement for doing just what Fenning did “It is reasonable to say that it w the fear of 1 ng convicted of embe j zlement that caused him to bring this matter attention of the court | in 191 i Agents of | tting down to the participation by Mr. Fenning as & member of the Board of Commissioners in the award- Ink of contructs to firms in whicl members of the board might be inter- ested, and involving section 41 of the erfminal code, the brief says that the | admission by of his pecuniary intere: Rudolph, West & Co. fuct that both Fen are officers of the United are. in the lunguage of sald section, | agents of the United States for the | transaction of business with such cor porations. : | “Moreover, under the decision of | Krichman vs. the United States 363), which Mr. Hogan appar- never heard of, the Commission ers of the District of Columbia, per- forming service for the Government of the United States through the Fe eral establishment known as the Dis- triet of Columbia, have violated the said statute. “The opinio in the firm of | estublishes the | tutes and | f the Attorn . eral (24 Ops. 557) has no application to cases like the purchase by the Roard of Commissioners of the Dis- trict of Columbia of supplies from Rudolph, West & (‘0. Masters in that case was a subordinate in the Post Office Department and was connected with & firm that was the lowest bidder in furnishing coal to the department. A contract was not made by Masters, but by the Postmaster General, and under those circumstances the Attor- ney General gave an opinion that the Postmaster General could enter into ontract without making Masters | whixky | ers will denoun DETECTVES HUNT LQUOR WTHESS William - C. Davidson, Who Testified and Disappeared, Is Wanted on Coast. Detectives were combing the city | today for William C. Davidson. self- styled reformed hootlegger, who thrust himself into the limelight by testi mony before the House alcoholic trafc committee a few days ago, and then dropped back into apparent oblivion after abruptly halting his testimony and taking his departure. A_request was received here from San Francisco police today by Inapec tor Henry G. Pratt, chief of detectives, to detain Davidson for investigation into charges of passing approximately $4.000 worth of bad checks in San Franeisco, Detective E. J. Kelly wax assigned to the case and headed for the Capitol in an effort to pick up a trace of him. All other local detectives were in- formed that Davidson was wanted, and given a description of him, with instructions to pick him up on sight. Davidson, who ix alleged also to he known as Willlam Caine, refused to glve his local address, police learned, when he appeared before the com mittee on Capitol Hill, on the assump tion that he would he endangered b the underworld if his residence were disclosed. He gave sensational testimony to the committee anent crime in San Francisco and the manner of opera- fon of criminals there, but when »sm-examination was getting under ay he cut short his appearance and left the stand. ‘That is the last seen of him, =0 far as police knos WHISKY PLOT ALLEGED. ¢ o Police Say Banks Were Innocent in Case. SAN FRANCISCO, June 18 (#).— 'he police here vesterday said they were investigating the status of Wi liam . Davidson, seif-styled reformed bootlegger, who appeared before a House alcoholic liquor trafic commit- tee in Washington with & story about liguor law violations which involved a bank here and. banks in several other cities. Pol San Fran e records show that the man sought entered into an arrangement with & man known as Moll for the purchase of a quantity of whisky. This man, it is charged, told Moll he had purchased and paid for the and asked Moll to reimburse indorsing two che ks amonnt $4.600 and drawn on @ Van couver bank. Moll indorsed the checks, The checks were cashed on the strength of Moll's indorsement. The man disappeared. Mol later wus ed upon to make good the amount. he police expressed the beliet that the banke mentioned by Davidson in his testimony before the House co mittee had been it participants i hunke™ uperati PEACE CRUSADERS NEARING. LONDON Four Great Columns of Wom- en to Enter City Tomorrow After Long March. him by ing to By the Associat Press. LONDON, June 18.—Eight great columns of women, who have been walking for five weeks, today were aring London. They comprise the peace pilgrtms, who from all parts of Great Britain have heen stopping in villages and towns on the way to the | Commissioner Rudolph | ¢APital delivering speeches on making | pe gifferent Russian bodies who were war again impossible. The eight columns will emerge into g and Rudolph | four tomorrow morning, and in that | ferent formation enter london. The long march will end at Hyde Park, where from 22 platforms speak- e war and plead for universal conciliation and arbitration. | Rainy weather and muddy roads have | not dampened the enth iasm of th marchers. One of the armies was greeted at St. Albans yesterday as it passed over the very road the pilgrims used centuries ago when they went to worship the shrine of England’s saint. Horsewomen at Head. Miss Mand Royden and the dean of St. Albans addressed the travel- stained army, which was within 25 miles of its goal. Women on horseback wearing blue cloaks will head the procession of peace advocates when it moves under the marble arch and enters Hyde Park. All the marching crusaders will wear blue armlets decorated with white doves und carry biue pennants. Ax the prucession enters the park it will be greeted by a pageant symbolic of the coming of peuce. The principal figure will be “Peace,” walking attired in a white robe and Out of Jail Aga OVIET SEES PERIL INENGLAND'S NOTE Challenge to Moscow Sensed in Strike Aid Protest. Workers Demonstrate. By the Associated Press GEN. TAYLOR HEADS PARK COMMISSION Body Considers Eight High- way Changes After Perfect- ing Organization. ght changes in the existing high- MOSCOW, June 15. Workers' dem onatrations in protest against the! iwh strike funds note continued late into the night, causing & conwid- erable stir throughout the ecity, strongly reminiscent of the reactions to the famous Curzon note. Similer | demonstrations were held in a number of other cities. There is general uneasiness here re- garding further developments of the newly sen Russo-British controver- sy. The authorities, ax well as the people generally, express the feeling that the British conservatives really mean to challenge the Soviets' power, using the money remittances to the Rritinh strikers as a mamentarily suit- able pretext. Zinovieft Is Deflant. Pravda and 17 MRS. WINONA GREEN, Known as the “prettiest slayer,” has encaped for the second time from an Arkansas prison. She and two other women made their getaway, it is be- lieved, after prayer service, Jane 1 through doors left unlocked The newspapers, w vestia, In editorials today, declare last | night's demonatrations are the bgst | proof that the ald to the British work- | ers came from Russian labor and not trom the governmen M. Zinovieff, chairman of the execu- tive committee of the Third Interna tional, publishes a letter reading, in part: “All signs men Conse; and mother-in- refused to repuy a $4,000 loun. NATIONAL GUARD ARMORY PROVIDED {Will Be Housed in Building V-W of Government Hotels on Station Plaza. indicate that the gentle- tives (in England) are preparing A new falsification and forged documents campaign. The workers must prepare public opinion against tHe forgers. Menace to Capitalism. ““Fhe Conservatives honor the agi gators excesively by attributing the general strike to their agitation. The causes of the strike and the movement among the miners lie deeper. “It i time the gentlemen Conserva- tives knew that passing events pre sent a considerable menace to Brit- ish capitalism. It is time to under- stand that the destruction of capital- fsm. the'creation of a ne: in England, is on histor da, and is not bevond the mountains. . FRIENDLY. The National Guard of the District of Columbia will have & home after June 30, and will not be thrown out in the streets as officlals had about be. ¥ lieved would be its lot. BRITAIN STI The Public Buildings Commission Robert Watson of the United States using Corporation place the atlonal Guard in Building V-W, one i\lf the Government hotels on the | Union Statfon Plaza, and located at North Capitol und D street. 1t was announced today at Guard headquar- ters that the work of ‘moving the | ponderous field equipment will be {started next week. The Guard will suffer a reduction | of spuce on account of the necessity of its moving from present rented | quarters at 472 L street, which it was ordered to vacate. The trovps now oc cupy 55,000 square feet space, while the new armory has only 33,000, While it is cut up into small rooms, |1t was pointed out that they will be | fairly satisfactory for company ters, but there will be no d However, It ix planned to make & -angements for the use of the Y. M . A. hall in the Union Station du ing inclement weather, and possibly to ubtain the use of the playvgrounds at Delaware uvenue and ) sireet on drill_nights for drilling during good weather, for the purpose using flood lights. “I'he local brigade and 29th Division Withdrawal of Recognition Not Con- ated, Says Officlal. June 18 (P).—The att tude of the British government re specting the shipment of money fr Russia to aid the workers in the re- general strike was outlined by Rir William Joynson-Hicks, home sec- retary, in the House of Commons vesterday. While the British auihorities were couvinced that the government of Soviet Russla had walved ita regu- Jations in permitling contributi ostensibly from the laboring classes of Russia to be forwarded to Fng- land. he declared that It was not proposed, at least for the present, to rescind recognition of the Soviet as had been asked in some quarters. The British government, he said was not blind to the motives which had inspired these gifts. The government was carefully watching further action by the Soviet and fts afMliated organizations. and it it becomes convinced that British interests need & change in policy, he said, there would be no hesitation in |taking the necessary steps. ‘The Earl of Balfour in the House of lords sald he was not sure that | heudquarters will he located there, as Great Britain had been wise in re-| will be the office of Maj. Gen. storing relations with Russia, but he | Stophan, commanding the local guard Jeclared It would -be dangerous to|and the 29th Division break them now, and nothing could | The officials are still faced with the be gained thereby. He was convinced | problem of finding & place for the that the mass of the British miners | storage of the field motor equipment, were fundamentally opposed to revolu-| and it is expected that it will be tion, and he refuses to belleve that| placed in some nearby government this country would become the dupe | garage, or possibly a private garage. of Russia. The allotment of this space for the Both Sir William Joynson-Hicks and | jocal guard has also brought forth & | Lord Balfour declined to recognize any | decision from the Attorney General that the local guard is such a Federal activity as to place the duty of find- ing it a home within the functions of the Public Bulldings Commission. This commission now. it 1s said, must Soviet government are but an instru- | look after the guard in the same ment under a single controlling au-| manner that it provides for other thority. | Federal government activities from | 'The home secretary said that apart | time to tim | trom the money for the general strike, | The action of the Public Buildings which the British government had in- | commission brings to end a fight of tercepted, nearly {400,000 had been | almost a vear. taken into Congress transmitted to the miners’ federation. | and before various governmental The sum of £25,000 was transferred | bodies, in an effort to find a home, and relieves the guard officials of | through an American bank. considerable worry. They have scoured the city for a place to locate the guard, but have heen unable to find a private building which could be rented within the allawance given by Congress. The Attorney General's decision and the action of the com- miasion will make it unnecessary to pay rent for the building. FLOODS IN GERMANY. Elbe River Rising Hourly—Lake Overflows Banks. BERLIN, June 1§ (®).—Numerous floods have been caused throughout Germany by several weeks of heavy rain. Lake Constance has reached cent | of | Jiscrimination between the Soviet and sald to be contributing the money, and Insisted that all these dif- bodies constituted with the MARINE CONVICTED OF KILLING PRIVATE Found Guilty of Second-Degree Murder—Shot Man in Row Over Morning Call. Guilty of murder in the second de- gree was the verdict rendered late | vesterday afternoon by a jury in | Criminal Division No. 2 against Cor- has issued instructions to President | | wuy plan were considered by the Na- | tional Capital Park and Planning | Commission at ftx organization mi ‘ in the Navy Building fol- lowing. the election of Maj. Gen. Harry | Taylor, chief of Engineers, as chair- | man of the commirsion, Lieut. Col. J “ranklin Bell, Engineer-Commissioner “l-' the Distriet, as vice chairman, and { Fred G. Coldren, an emplove of the office of Public Ruildings and Parks, | A% secretary Gen. Tavior will he re. | tired from the Army shortly and will | be succeeded as chief of Engineers and as ohairman of the commission by Brig. Gen. Edgar €. Jadwin, now | assistant chief of Engineers. Only two members of the commis- sion were absent at the initial meet ing toda Frederick A. Delano of n, president of the Ameri ic Assoclation, one of the foiir citizen members of the mission in Persia on official ness, and Stephen of the National unable to attend. He was represented b | Caemerer, assistant director | Park Service. Members Who Were Present. Members of the commission present were Gen. Taylor, Rell, Maj. U S. Grant, 3d, director of Public Build ings and Public Parks; Senator Cap per of Kansas, chairman of the Sen | ate District committee; Representa | tive Zihiman of Maryland, chairman of the House District committee; W B. Greeley, chief of the Forestry Ser vice; Frederick law Olmatead of Brookline, Mass.; J. C. Nichols of nsax City and Milton B. Medary, jr., of Philadelphia. | Members of the commission held a short informal meeting early this aft ernoon and then set out on an auto mobile tour of the ecity to acquaint themselves with the highway changes proposed and discussed at the initiul session. The changes are: Nebraska avenue from Conduit road, to include the old road and provide a better grade with less cut and fill A change at the intersection of Queens Chapel road and Bladensburg road, to provide for an overcross at Queens Chapel road and widening of that road, so that new territory in thix urea may be commercially de- veloped. | Woodley road and Wisconsin ave nue, to provide for elimination of the highway plan within the Protestant Episcopal Close. Commissioner Bell | explained that §t was brought out at & hearing in May that no highways probably ever would be constructed in this area. Foxall road, north of Reservolir road | the old Ridge road: A change is rec. ommended to preserve the existing grade in Foxall road. Changes are recommended on Alli son. Crittenden and Emerson streets and Fort drive to permit better de | velopment of this territory. Changes in Piney Branch road, Pea- vdy, Quackenbos, Rittenhouse and hirteenth streets: To be made so |that Fort Stevens may be preserved and a parkway provided connecting | the fort sjte with Sixteenth street. | Changes in the streets adjacent to | Foxall and Conduit roads to facilitate subdivision of this property “in a practical way.” Changes on the site of the old Ben- ning race track, involving Haves, Jay, | King, Lee, Meade, Nash and Thirty ninth streets northeast, to provide for | & bovder roadway on the proposed An lacostia Park. The commission said | the site of the old race track is now | ready for subdividing | Meets Again T ‘While the highway changes stituted alomts the sole topic of dis cusssion at the organization meeting v, the commission will meet form- ally tomorrow morning at 10 o'clock several matters inher from the National Capital Park « | mission. which the present commis sion supersedes. These matters in- | clude the duty of acquiring land for v nd playgrounds. Ae- tion as to several pending purchases and condemnations is necessary. Mem- bers believe that these. like the high way plan changek, should he dis- posed of before the commission un dertakes the general di: ion of plans and pelicies, RANKIN 1S ASSAILED ON FENNING BRIEF BY OFFICIAL’S COUNSEL (Continued from First Page.) vernment husi Mather, director Park Service, was B the Arno of Col. norrow. the committee’ will recefve any atten tion whatever from the committes. “(‘ounsel for the respondent are still content with the agreement and ruling | that ‘the facts are submitted to the | committee on the record’ provided ft PHILADELPHIANS ST cipal corporation wams not even | iy, 55 e 2 hable. it = frf ral John Joseph Kublick, 24 vears | DELPHIANS START 18 a mere expression of the individual hable, carrying olive branches. The “world, | P° = P! - its highest point since 1914 and has | * Still the judgment of the ,.,mmm'.; RIP. 1000 on Special Train leave for Fuchardstic Congreas. PHILADELPHIA. June 18 (P).— \lore than 1.000 Philadeiphians. whe nill participate in the Eucharistic Con- zrees In Chicago, left here on 1wo spe- rial trains today. They were followed by Cardinal Dougherty. who traveled In a private car attached to a regular train Tncluded in the delegation s a group of priests from Norfolk, Va., who visited the Sesquicentennial Ex- position. I Eucharistic Notes. - | CHICAGO. June 18 (®).—By a good | samaritan act toward a stricken priest, | Frnst Hellemann, Reriin artist, won | the ‘epportunity to paint the portrait of Pope Piux X1, which is on exhibit at the congrese. Heileman and his wife. who was Antoinette Kaiser of 1fetroit. cared for the priest when he hecame 1] near the artist's residence. Introduced by the priest, Heileman painted a portrait of Cardinal Van | Rossum, and later that of the hely | tather. The American Legion will marsha 2,000 children through downtown Chi cago on Monday. The children ave to participate in an immense chorus. From Portugal today came .\l.muelI Vieira de Matos, primate of that coun- tey and Archbishop of Braga. with a | Aelegation of clergy and lay pilgrims, while from Venezuela e Miguel A. Mejia, Bishop of Guaya L | While the congress is being opened in Holy Name Cathedral next Sunday, William Henry Cardinal O'Connell of Roston will celehrate solemn pontift cal high ma=e on TLake Michigan off the port of Chicago. tardinal O'Con. nell romes with 500 New England Catholics absged the steamer &mh wm- touched upon. Dealing further with the authori- ties on this question Mr. Rankin says: “Mr. Hogan, in citing from Barnes vs. District of Columbia (91 U. 8., 540), Jeaves out of the citation section 37 of the act of February 21, 1871, en- titled ““An aot_to provide a govern- ment for the District of Columbia.™ the very part of the section which indicatea, in the opinion of the Su- preme Court of the United States, that the Commissioners are impeach- abla officers. The opinion says, in section 37, paragraph 1: The four per- sons composing this board, meaning the hoard of public works, are nom- inated by the President and hold thelr offices for a fixed period of time. They cannot be removed except by the Prasldent of the Uniied States. The same {hing is true of the gover and of the secretary of the Dis- trict, except as to them there is no power of removai. }ach is appointed in the same manner and holds until the expiration of his term and until his successor is qualified. Says Part Jeft Out. “All the foregoing after the word ‘time’ was left_out of the citation by \Mr. Hogan. The significance of it is apparent. 'he organic act of 1878 (20 Stat. L. 2y appears as section. 21 in the compiled statutes in force in the Dis- trict of Columbia al page 200. Sec. tion 21: ‘The official term of safd commissioners appointed from civil life shall be three years und until thelr successors are appoinied and qualify.’ 1t will be seen, thevefore that the power to remove in the fore. going act of 1371 by the President ihe four members of the board of public works was not carried forward in the organic act of 1878, @nd if not re movable by the President it follows that they must he impeachable. a matier of fact. as shown in my of dune 10, 1926, all Presidents of the United States from the time of Wash ton have removed impeachable officers of the United States without going through- views of the justice, it is a private view and ix enitled t6 no more weight. “It is noticeable that the auditor penalized Fenning by denying him all claims for attorney's fees, commis- sions and premiums on bonds because of this lllegal and disreputable prac- tice of putting one-fourth of all premi- ums in his pocket and charging the full premfum up to the estates of his of his commission, reducing them from 10 per cent to 5 per cent, and requiring him to pay back to the es- tates but one-fourth of une of seven premfums o which Fenning had de frauded the estate of this one man. The difference between the auditor, therefore, a:d the learned justice is merely a difference in the view that each takes a8 to the degree of moral turpitude of the sald Fenning. No. where does the learned justice suggest the repayment by Fenxing of unlawful premiums taken in the hundreds of other cases filed In his court in a stream and continuously for the past 20 years, or require the said Fenning 1o pay to his wards the thousands of dollars that he got for 15 years, up to e decision in the Hoff case, lunacy No. 5560, in 1915. i Cites Plenary Powers. “It i8 & fact that cannot be disputed that, under the act of Congress of 1863, establishing the Supreme Court of the District of Columbia, the six judges of that court have plenary power to make rules that have the | effect of a statute and that the said | Fenning can be required by them to return, under an ‘érder of court, ev peent of premfums he has put fnto his pocket during the past 20 years in |lunacy and other cases, and can be { compeiied by the court to return to | 2t2e of his wards every cent of jons he has appropriated to [ his own use on leans made by him | of the moneys of his wards: and the j compulsion of removal or disbarment |(. n he applied by the court for any disobedience of {ts orders in this re- 'he.count has alswage.datdgom- Wm! e S = NP wards; but the learned justice pen. | alizes Fenning by cutting off one-half | In the case of the Commissioners they are the principals and sit as a hoard in the execution of contracts, All who participate in the violation of section 41 of the Criminal Code are equally guilty. Could it be said that it the contract for coal had been made by the Postmaster General with a firm of which he was a member that he would not have been violating section 41 of the Criminal Code? The case cited by Mr. Hogan was one which held only that the Postmaster General was not prohibited from making a purchase of coal under contract, with a firm in which a subordinate had an interest, Lecause this section of the Criminal Code does not apply to cases of thix kind. Others Ouly Corporation’s Agents. As heretofore stated, the case cited by Mr. Hogan— United States vs. Strang 4 U. S. 491)—was that of an inspector of the lmergency Fleet Corporation, all of the inspectors being appointed by the corporation, which was incorporated under the laws of the District of Columbia and none of the officers of the corporation being appointed by the President of the United States or any head of de- partment. Of course, such an ap- pointee would not he an agent of the United States, but merely an agent’of the corporation. . “Counsel for Fenning says that not one judge and not one brother lawyer has been found to come forward with any word of criticism of Fenning's professional conduc It is safe to say | {hat he is under the condemnation of practically every member of the bar, The judges have already testified that they knew nothing of his illegal prac- tices relative to commissions on loans and premiums on bonds until the dis- closure -was brought out by Con- gress.” In conclusion Mr. Rankin sa: “1 respectfully submit, as I =aid in my original brief, that Mr. Fenning should he impeached o removed from office and that proceedings should b started at once. to recover for the es- I _tates of these unfortunate. victims-the._as flesh and the devil” will be symbolized | 0ld, of the Marine Corps for causing and linked by silken chains to St.|the death of John Ban. a private, at Michael. _Scores of actors and the Marine Barracks last November. dancers will take part in the pageant. | The private failed to obey the cor- A whiterobed choir will furnish the | poral's order to get out of bed in the music. morning and a dispute ensued, during Youth te Join Display. which Kublick used his revolver, Lo "m(&rm' m':y':mp_rk' MV;‘;!}:::‘:. was exploded and the private een set aside for the Federation of o . Bnrth, hich haa hecn holding & pesce | L et oarr e ,';,,"‘",’,“n'{“"',',:“:"" congress in London this week, and |y, oo stafford remanded the prison- :"fl.l“?:xlo:fm ‘women in this final dem- |'er to await sentence. Assistant United States Attornevs Mrs. Pethick Lawrence and other - organizers of the pilgrimage were un. | Collins and Fihelly able to make any estimate today regards the aggregate number of the crusaders. The armies have grown s | represented by Attorney Frederick | H. Mevyers. inundated the surrounding territory. A large part of the harvest has been destroyed by floods in Silesia. The FElbe river in the Dresden region i& rising hourly and is causing great concern. Five New Hfifiln}nnhh. ROME, June 18 (®).—In commemo- ration of the eighth anniversary of the battle of the Plave, King Victor Em- conducted the | shals of Italy. rosecution, while the prisoner was|Da Osta, Gen. Cavigelia, Gen. Badog manuel has appointed five new mar- They are the Duke llo, Gen. Giraldi. Giardino and Gen. Pecori- vupldiy as the. pilgrimage neared Lon- don that all accommodations arranged for the peace advocates have been al- lotted und appeals have been broad- cast for beds to be used by the sur- plus women. Fancy symbollc banners are being carried by the various armies. One called “The Unknown Warrior” repre- sents a little boy wearing & paper hat and holding a wooden sword. His toy soldier is on the f ded one of the Navy planes in the other banner inscribed | Mitempted San _ Francisco-Honolilu der” shows & picture of an Infant on | QST | (o bicked by Capt. Rene ft4 mother's lp. Fonck, French air ace, an a member of the crew of the plane which will attempt a non- stop flight from New York to Paris in July or August Snody _is- now By the Associated Press. Lieut. Allan P. Snody, who com- e A frame house in Atlantic City is put together with wooden screws in- stead of nails. e e moneys he has unlawfully taken from | them. This can be done by a rule of | aide to Rear Ad- the Supreme Court of the District of |;nfral Moffett, Columbia. Not only that, but I sub- | Navy air chiel mit that the Departm of Justice | His ~services for should be called upon to institute the (¢ he transatlantic hecessary proceedings to punish the | fiight were re- defendant for the offenses which this | quested because of brief and the evidence show him to |his ~wide experi- have committed, and tg see that the 'ence as an aviator Supreme Court of the District of Co- [and his special lumbia adopts the proper rules.goy- 'qualifcations & erning such matters, and that he should be removed from his positian. _guardian for bis. 1S N LIEUT. SNODY. Zrs Flyer Who Attempted Honolulu Flight Picked to Go on New York-Paris Trip Wilbur to grant him the necessary leave from the naval service. The flight will he made Sikorsky plane, now under constr tion, ‘which will carry a crew of three, The third aviator has not been an. nounced, but Capt. Fonck's agre ment with his American financial backers, known as “The Argonauts, Inc.,” leaves to him the selection of the men who will accompany him. It in believed that a former Army fiyer probably will he second pilot. . Coffee Jelly. Bring four cupfuls of water and six tablespoonfuls of sugar to the boiling point, then stir in three heaping tablespoonfuls of powdered gelatin, and when dissolved add one cupful of strong coffee. Pour into a wet ring mold and set away to get firm. Turn ont and serve with whipped cream in the center, flavoring with one teaspoofyh ¢ vanilla extract. that its consideration of matters fact will be confined entirely to what the record contains. Should the com mittee think proper to give any at tention whatever to the treatment of alleged facts attempted in proponent’s briefs, then we respectfully request that the plan originally indicated of permitting an argument of the facts be followed. “If your committee daes not call for argument we shall assume that noth ing relating to the facts byt the record will be considered by the committee.” Counsel for Commissioner Fenning stafed today that their letter to Mr. Giraham was the only notice they in- tended to take of Mr. Rankin's brief. Today in Congress Senate. Debate on farm relief is drawing to a close and voting on amend- ments may start during the day. The Senate passed a hill reim hursing the Army world fiyers in the amount of §1.700 for expenses ineurred during the flight. ; ‘Campaign expenditures commit- tee took additional testimony re- arding the Pennayivanja primary. ‘Sen-’nr Willis, Republican, of Ohio, denied in the Senate that he was now or ever had been on the, payroll of the Anti-Saloon League. He said that while a private citizen he made a few pro- hibition speeches outside of Ohlo, but that whatever remuneration he received came from local com- munities and not from any na- tional organization. Commerce committee continued hearings on rivers and harhors bill. Military affairs committee re. ported- on a number of routine bills. Post affices and post roads eamy- mittee held executive session,