Evening Star Newspaper, July 2, 1926, Page 21

21 pany is housed in the quarters of Engine Company No. 28, a double building. The need for additional fire appa ratus in the vicinity of Connecticut avenue and Macomb street was inten. sified by o recent order of the Commis- sioners prohibiting heavy vehicles from crossing Calvert Street Erldg This necessitated Truck Company on Lanier place, being delayed in re sponding to ularms on _Connecticit avenue, because it was forced to dc- tour across the Connecticut Avenue Eridge. Capt. Oscar TLeaman has been placed temporarily in charge of the truck company and Lieut. T. immons of No. 10 Engine C in of th FRIDAY, JULY 1926. man, requested that in the event he 15 called, the hearings would be open to the public. The second hearing, as with those that followed, were open. A vote of confidence, lacking about 20 of belng unanimous, was given Mr. Blanton the next day by the House, which pledged a full and fair investigation of the guardianship charges agalnst Mr. Fenning. This unusual expresslon of approval was followed the next day by a request from Mr. Fenning to take, the stand before the Gibson subcommittee. The request was granted, and on Saturday, April 26, Mr. Fenning de- livered a lengthy statement in an- swer to the impeachment charges, discussing each specification sep. arately. He then submitted himself a_vigorous cross-examination by Blanton. This appearance w: marked by a clash between the Com- missioner and Mr. Blanton, during which the latter called him an un- ntable name, for which he apol- THE EVENING STAR, WASHINGTON, D. (., er’'s asking for and receiving authori- zation from the court to credit to his other wards’ estates the commissions he had received on bong In the absence of Mr. Blanton, Rep- resentative Rankin of M ippi had taken up the proponent’s duties be- fore the House judiciary committee. In one of the last sessions of the com- mittee before taking the case under advisement for report another clash occurred between the opposing sides. This time Mr. Rankin, incensed at Mr. Hogan, hurled an ink well at the law- yer, the missile striking the table, denting it deeply and bouncing up to hit the lawyer on the forehead. At the same time Mr. Hogan hurled a glass of water back at Mr. Rankin, and the committee room was cleared while the hubbub dfed down. The closing of hearings on the part of the judiciary committee marked the iefs by opposing coun e com argued points of the law, leav- ing the facts of the case to the testi- mony which had been put in the re ord. Mr. Rankin's brief, while argu- ing that the Commissioner was an im peachable officer, brought in many of the charges origin touched on in Mr. Blanton's impeachment. The bricf by counsel for Mr. Fen- ning, however, argued that an offic of the District is officer and cited other & refute ¢ es of embezzlement, which had been made against Mr. Fenning. In this brief Mr. Fenning's counsel asked the committ confine decision to the point of law involved—wh AMr. Fenning is an impe cer—but to rule on the merits of 1 case as well in order to remove some of the stigma which had been placed against their client. This brief was answered by Mr. Rankin, who cited additional authori- ties to back up his Mr. Fenning w: erans’ committee, providing among other things that the director of the Veterans' Bureau could have author- ity to intervene in guardianship mat- ters at his discretion and reduce the number of wards held by any one person, recelved the approval of the House May 18. Dyer Named Chairman, The judiclary committee two days later cpened its investigation into the Blanton impeachment chargés, a. spe- clal subcommittee of 12, headed by Representative Dyer, Republican, Mis- url, being appointed for the task. Mr. Fenning selected Frank J. Hogan, Thomas P. Littlepage and Levi Cooke to represent him before the committee and Mr. Blanton enacted the role of proponent” of the charges. Arguments for and against the ex- ceptions filed to the auditor’s report were heard at the end of that week by Justice Frederick L. Siddons. Mr. Hogan anod Mr. Millan repre- sented the Commissioner and Maj. Davis G. Arnold, national guardian- ship officer of the Veterans’ Bur represented the ward and the burea With the exception of two or th days which were given over by the Sudiclary committee to other matters, the hearing on the charges ran unin- terruptedly. Mr. Blanton withdrew June 4 and left the city and Repre- entative Rankin, Democrat, Mi: sippl, undertook the cross-examini tion of Mr. Fenning at the request of several of his colleagues and former service men. The judiciary hearings were closed June 7. The Gibson subcommittee met day and night for more than seven weeks, and among the conclusions it reach- ed, bearing specifically on the Fen- ning matter, were recommendations for the reduction of the number of wards, limitation of guardianship fees and revision-of the law regarding cor- mitments to St. Ilizabeth’s. The re COMMITTEE ADOPTS REPORT HOLDING OFFICE IS NOT FEDERAL Appropriation Bill Opened Inquiry + Into Fenning, History of Case Shows World War veterans in the Distric and as Mr. Fenning was the largest private guardian, if not the only one, he tmmediately became the center of the inquiry. The following day the House Dis- trict committee adopted a resolution presented to it by Mr. Gibson, pro- viding for an investigation of Mr. Fenning's acts and also a survey of District institutions. At the same time Mr. Fenning sent a lengthy letter to Mr. Madden in reply to Mr. Blanton's charges, and when the appropriations committee chairman attempted to place it in the record Representative Garrett of Texas, objected, precluding its_insertion. In this letter to Mr. Madden, the Commissioner set forth that on March 6 Mr. Blanton threatened to_impeach him because fiergt. Robert E. Lee of the Metropolitan Police Department, who had been retired for physical dis- ability, had not been reinstated as the Texan had requested. After Mr. Fen- ning had written that the case could not be reopened, Mr. Blanton replied that “many members of Congress are in a warm frame of mind to impeach you.” He also stated that “I don't want to file any impeachment a you unless I am forced to do and further declured, “The next time I discuss this case on the floor T surprise you.” The entire spondenco on the Lee case, consisting of four letters, was included in Mr, Fenning’s letter. After these had been quoted, Mr. Fenning wrote, “I refused to be coerced by the threat of impeachment.” 1is counsel sub sequently held that the Lee case w the origin of the impeachment. ing’ committee by The birthday of the circumstances that led up to the impeachment charges against Commissioner Fred- erick A. Fenning by Representative Blanton, Democrat, Texas, is doubtful, but the ball is believed to have been set in motion March 18. On that date, during discussion of an item of §8,000 for commitments of indigent insane persons to St. Eliza- beth's Hos) v order of the Com- was part of the s ation bill then up for cussion in the House, reference was made to Mr. Fenning’s guardianship of & number of World War veterans for which service he received “thou- sands of dollars every yea: “ Representative Madden, Republican, | inois, ¢ of the appropria: tions committee at that time, dec “If he is doing this, be ought to be put out of office,” to which Mr. Blan- ton replied: hat is what he has done, and I hope the committee will find out something about it.” Repre- sentative Gibson, Republican, Ver- mont, then asked Mr. Blanton if he knew “how many people the Com- sioner is guardian for already,” nd when Mr. Blanton asked for the amount of fees received in such cases, ‘I‘u‘ll l(-l S id, “several thousand dollar: Full Judiciary Body Referred to Testimony in 5 of Charges—Other 29 Declared to Lack Proof. Dyer Prepares Statement. (Continued from Seventh Page.) 1926, said Frederick A. Fenning wrongfully and without cause, but for the selfish purpose of giving a $2,100 to his prospective son-in-law, J. Allen, forced out of aftice Dy . Murphy and put in hi place the 1 Allen, as a police and fire_surgeon of the District.’ “There is no testimony to support charge. ti Murphy. comm ee Fenning ing on page 933. Charge No. 31. charge that in, February, 1925 ferick A, B . in’ order to promote one of his friends, wrong fully retired on pay of §100 per month Robert E. Lee, shows, at most, a mistake of juudg- ment or misconception of what his duty as committee required of him.’ While the evidence submitted closes the fact that Mr. Fenning took care of the estates of his wards, { nevertheless by reason of the great number of his wards his guardian- | | ship became impersos and he could | not and did not give to his wards that personal care and supervision which after all is the more important | function of a guardian or committee and which service was doubtless con- sidered Ly the court as an element in lowing his compensation. We be- lieve legislation should be promptly enacted which would in the future preclude any one person or corpor: |tion from acting as committee for |more than a limited number of pa- | tients .in order that the committee physi- fmay give to the that super- 2 6 feet 2 inche years | vision so We old, ing pounds, who for | further in the first in- four y had not missed a day for | stance a near relative should ba s sickness and concerning whom all of [ lected for this service, if a suitable his brother officers testified there was | person can be found, but, if not, then no better man on the force, and that | P ision should be made for a com- said Fenning arbitrarily refused to [mittee to be selected by the court. grant @ proper hearing on the matter, e i Suigicie, requested by a member of Consress. Relations With Hospital Hit. There it no testimony to support | “3- While there was mo evidence is cha submitted of any fraud, or conspiracy between Mr. Fenning and certain em- dls transfer nent appointm o two companies are expected to 10, the Commis- The following Monday morning and night he was on the stand and his testimony was not completed until the next day. On the 28th he ap- peared before the veterans’ commit- tee, undergoing a direct examination an_Johnson and Mr. Luce. uk in the hearings occurred at point and when Mr. Fenning vas to resume the stand on May 3 the committee had before it instead a letter stating that he had given all the information necessary on the bills before it. This statement was chal- lenged by certain members, who em- phasized his original request to tes- § de no mention about legisla- ving consideration. Ste [ then were taken to force hi: ance, but were lost in the suc events. The judiclary the Blanton_resolution |ments on May 4 change was in th thi: . ny Dr. Christopher J. ncing on page 438. testimony, commenc- believe t Blanton Asks Probe. Five days later Mr. Blanton intro- duced a concurrent resolution calling for the appointment of a special joint committeo of eight members, five to be appointed from the Senate and three from the House, to investigate conditions in the District and “bring out all facts in connection with Mr, committee reported with amend- The principal ee tes v of Robert E. Lee, st 3 i ee testimony o Peiaiier this | last line of th imencing on page 454. See Fenning's testimony, ing on page 938. ee letters of Blanton to Fenning, page 948 and page 950. Charge No. 3 *‘I charge that on March 3, 1 wrong roved from o ck Wilson, the hero of Knickerbock- er Theater, as medical inspector of schools, for the selfish and wrongful purpose of putti an old friend of Dr. William A. White, who is 73 years of age, simply be- cause when sald White and Fenning under fire in a congresslonal in- ation in 1906 this now 73-year- doctor then sympathized with them.' “There is no proof to sustain this e, com- 1926, ul my Dr. Edward C. m, page 443. testimony, S com- mencing on page 9 Charge No. 33 “T charge that the said Frederick A. and 1 William A. White 1y interested in certaln fin < ments together, and in Feb- , 1920, carried a partnership ac. in the Wash ‘0., and 1 r relation is it \ render to the t quality of prvice to which » is entitled.” mony shows that Dr. William nd Mr. Fen had started wccount 15 years ago for the se of buying second real estate White, pages mony, page 598. Charge No. 34. **T charge that the said Frederick A. a deliberate at- Congress when in ent he denied the report which the Vete: au in- spector, Dr. Henry Stickney, tiled with the bure: 11 26, 1924, wherein Dr. Stickney charged that said Fenning “constantly opposes the transf s s from St. Eliza- beth’s Hospital,” and I charge t for over three vears sald Fenning vefused to turn over to Mrs. E Tee, the legal guardian of the person and estate of her son, Roley Lee, her said son, but withlolds him from her, and that said ing hasalready re- celved in his fees and commissions the sum of $£1.155.27 from the esta said Roley Lee, who was shell in France and is a World War vet- eran.’ “There is no proof to sustaln this rge. ee testimony Mrs. Eliza Lee, com- mencing on page 205. “See testimony Dr. Henry Ladd Stickney, commencing on page 556. ‘See Fenning’s testimony, commenc- on page 958, “See testimony Herbert L. Davis, auditor, commencing on page 403.” Committee’s Views Given, “Having determined that Frederick A. Fenning is not a Federal officer and therefore not subject to impeach- ment, and having made specific find- ings of fact that the charges preferred under the evidence adduced, we feel it our duty to express our views upon certain conditions as disclosed by the evidence, ““1. The practice which Mr. Fenning | followed of acting as agent for a! bonding and surety company, writing | his own bond as committee and charg- ing the estate of his ward for the premium, and recelving from the| bonding company a commission upon his bond or surety, is illegal and con- trary to law. “It is only fair to add, however,| that Justic recently decided in the Supreme Court of the District of Columbia, stated | that, ‘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 estates tempt to ive prepa ch Ry S e Dr. Edward Com- | tution. Siddons in the Adler case, ||| ployes of St. Elizabeth's Hospital, nevertheless the business relation of Mr. Fenning with these officials was of such a close nature and extended | ov many year: to suggest | that Mr. Fenning was given the| preference in seeking clientage among | the patients contined in that insti- “Thoe practice which scems to have | &rown up in this distrl over a period of some vears, whereby Mr. Fenning was able to become the committee of hundreds of ne patients, many of them vet- 1s of wars, to whom the Govern- ment was making liberal allowances, nd from which allowances Mr. Fen: iz was enabled to collect commis- ich commissions during the sh ' tide of his committecship amounted mately $20.000 per year, e which caunot be too y criticized and con- demned and Congress should for with and without delay enact legisla tion which will forever correct th evil and prevent any onc in the fu ture from profiting from the misfo tunes of others who in times of tress sacrificed in behalf of our coun- There was evidence submitted | upon the question of Mr. Fenning's| connection with a certain banking in-| stitution and with a certain unde stablishment. While this e dence does not indicate any wrong act in that respect, but taken in connec-| tion with the practice Mr. Fenning | pursued in becoming committee for a| large number of patients, the large amount of money coming into his hands because of such activities, points to the building up of a system through which all the profits accr! might go to Mr. Fenning, or to some corporation, and is a further argu- ment against one person acting as committee for so many unfortunates. Points Out Remedy. 5. Where Insane ex-soldiers, sailors and marines are concerned, the United States Government should have of- ficials designated to look after, with- out charge, the estates of ch per- sons, and that no part of said estate: should be expended in commissions but that the whole of the estates should be for the sole benefic he veterans and their dependents The committee should not ac cept pay, directly or indirectly, while occupying a fiduciary relation, other| than by direct allowance by the court, | ¢|and even then, we think that in no se should the allowance exceed 10 per cent of the estate of the ward. from the evidence Is of the District of Colum- bia transact business with the District through corporations in which they are directly or indirectly interested. This is a practice which is subject to severe criticism and condemnation and if continued necessarily leads to favoritism and officials who follow this practice cannot give impartial service to the District of Columbia. The practice should not be allowed. “8. It is our recommendation that the proper committees of Congre should give early consideration to the acts that have been brought out, in this Investigation and recommend remedial legislation." , extending | ¢ ing | 1 W YORK AVE. g Eating Economy Iunch and dine on more for less—at Blossom Inn. Por- tions _are _ample—food finest procurable, Catering. Luncheon, 11:30_to 3 Dinner, G to 8 the committed to his hands. The evidence Maper B Shop of Quality JULY CLEARA ros. & Co. 937939 F St. N.W. NCE. SALE OF SUMMER HATS $5 to $10 Values guardianship beneficiaries of the Veterans’ Bureau at .TL( Elizabeth's Hospital.” resolution was referre les eclition| d to the rules he White Houso next was heard from. President Coolidge let it be known that he had been informed of Mr. Fenning's law practice at the time the appointment was made. The Executive w represented as con- ‘e iS no statute prevent- t Commissioner from pur: 5 his private profession at inter- vals while in office. Nothing more of the matter was heard of until April 8, when Mr. Blan. ton, in a bitter speech on the fioor of accused Mr. Fenning of y harged the record of the foner “hus been one long list of blunders,” and demanded h| moval from office. In this add urged the rules committee to vote out his resolution which had been before it since March 23. The speech also in- cluded reference to M Fenning private business relationships and his actlvities as a practicing attorney Lere 20 ars ago, as revealed by the printed record of testimony of the St. Elizabeth’s Hospital investigation held at that time. In short it was paraphrase of the impeachment rges that followed later. Fenning Invites Inquiry. of insane The next day Mr. Fenning invited n investigation of the charges rought against him, declaring at the same time he would not discuss the matter unless summoned to appear before Congress. tive notice of the contro- © was taken by Chairman John- n, Republican, South Dakota, of the House committee on world war vet- erans’ legislation, who, on April 11, announced he had drafted a bill which gave Director Hines of the Veterans' ureau authority to act as guardian of mentally incompetent war veterans, and 48 hours later the committee agreed to undertake an investiga- ion of guardianships throughout the Nation. § decision of the committee was umped on April 13, to include an investigation of the guardianships of K2 This | ! | any n - its investix eaking, but tion, 1 con t was spresenta tive Luce, Republican, Massachusetts, who made points of no quorum. Blanton Charges Crimes. On April the Commi House, cl misdemenno tions. The imp accompanied b tion, which was r mittee on the judic “Resolved, That the judiciary be, rected to inquire the action of th Mr. Blanton fmpeachea ioner on the floor of the “high crimes and nd filing 34 specifi achment speech was the fo ferred to the com- the comn nd it is hereby and report whether House is necessary concerning the alleged official mi: conduct of Frederick A. Fenning, a Commissioner of the District of Co lumbia, ‘and said committee on the s in all things hereby fully and empowered to investi- all acts of misconduct and re- port to the House whether in their opinion the sald Frederick A. Fen- ning has been guilty of any acts which in the contemplation of Constitution, the statute laws and the precedents of Congr are high crimes and misdemeanors requiring the interposition of the constitutios powers of this House and for whi he should bhe fmpeached.” The re- maining two paragraphs concerned the power of subpoena and the ex- penses of the investigation The House District subcommittee, appointed under the Gibson resqlution and denominated the Gibson subcom- mittee, held its first meeting the fol- lowing day, and, without transacting business, adjourned until 7:3 o'clock that night, when, in executive session, Mr. Blanton examined Dr. William A. White, superintendent of St. Elizabeth’s Hospital, on his pri vate and official relations with Mr. Fenning. ce on Protests “Secret” Inquiry. The Commissioner protested against the “secret” character of the Gibson subcommittee’s procedure the follow- ing and, in a letter to the chair- lowing resolu. | the | ding “and f {first paragraph, re impeached.” This which he should be was stricken out. Fen Drops ing Angle. of the judiciary the House for With the report committee before action, the veterans' committee, over the protest of several members, agreed |to discontinue the Fenning angle of |its investigation and attack the guardianship problem from a natfonal | standpoint. ~ The next d: House unanimously adopted the j ry re port and the case was switched to the | District Supre | onM bhert L. Davis » final_aeccount £ Adolph incompetent war spital in New of the hearing consider the matter Mr. s accepting commissions on bond premiums frgm the company for | which he was a solicitor in es | where the estate had Dp: for his bond. The commissions suntin to 25 per cent on each premium, we kept by Mr. Fenning. It had been contended by Mr. Davis that the 1uld be turned over to the nd in failing to do this Mr folated the decision of the | United States Supreme Court in_the | case of M vs. Drury. Mr. Fen | ning as a witness maintained the com- | mis re for services rendered {by him to the bonding company, and that in i them to the estates he wo section 634 of the | District code, prohibiting rebates, With the veterans' committee hear s closed and the Gibson subcom mittee delving into other matter | save now and then a reference to Mr | Fenning, the controversy had a rest until May 13, when Mr. Davis, in re- porting to the court, disallowed Mr. Fenning any commission whatever for his services and also held he should pay the bond premium from his wn pocket and not from the estate of the ward. W. W. Millan, counsel for Mr. Fen- ning before the auditor, then filed ex- ceptions to the report, and arguments were scheduled for a later date. The bill reported out by the vet- Mr 1;\.1» r. |ve [¥ w = ally now in a h The purpose { money s | estate, Fenning OUTHFUL APPAREL FOR EVERYWOMAN F at Tenth St acation Apparel Sale From now on, all roads lead away from the city. Wherever you go, you should take along suitable apparel. For tomorrow’s selling we’ve grouped together some very splendid values at ex- ceptionally moderate prices. POSIERY SALE “Faultless” in name as well as in quality. Pure Silk Chiffon duction of the number of wards ap- plies to civilians, the Johnson bill having dealt specifically with World War veterans. “ase Moves Rapidly. Toward the close of the case from the Capltol end events moved rapidly. The subcommittee of the House District committee made its report to the full committee and the report was adopted without a dissenting vote. Eriefly, the report recommended that a joint committee of the House and Senate further investigate certain conditions and institutions in the Dis trict of Columbia and recommended 2 In reference to the report conelud made his longer « 1 t Commissioner compatible with the intere: District of Columbia. About the same time Justice Sid- dons handed down his dec Adolph Adler case, which S a test for the que on as to whether the | Commissioner could retain a commis sion received for his bond as com- mittee of the ward. The decision ex- onerated Mr. Fenning of all fraudu- | lent intent in thus retaining the com mission, but declared that the com- mission should be credited to the es- tate of the ward. This was done and followed shortly by the Commission- in- | of the on in the | Store Hours 9 AM. to 6 P.M. as {ment yesterday to fill vacancies cre. | new truck company | George officer, guilty of fraud ement in the conduct of committee for insane pe There the case rested, e letters written by Mr. Hc Rankin to the committee. 15 FIREMEN GET JOBS IN D. C. DEPARTMENT | Fifteen new men were added to the personnel of the District Fire Depart- cept for an and Mr. ated by the transfer of firemen to the recently organized Truck Company 14 on Connecticut avenue near Macomk street Although the appropriation for th available until yesterday, Fire Chief Watson, cognizant of the additional fire apparatus Connecticut avenue section, ized the company June 15 it into service. iremen were need of th or- and put up its personnel placed in comm! tion is now avail for the pu and a reserve truck on. An appropria- did not become | | drawn from other companies to make } CREDIT TERMS We sell only the best grade tires and tubes and make no additional charges for credit ac- commodations. Potomac Tire Co. 28th & M Sts. N.W. chase of a new aerial hook and ladder for 14 Truck Company. The com Istablished 1909 Charge Accounts Solicite Suggestions for 1219-1221 (G Street NW and 1 very lored. All si Knickers, Sleeveless Coats, Riding Breeches and Slickers Knickers, of plain tan or gray plaid effects that are $1.95 novelty smart and well tai- Sleeveless Coats to match the above with Tuxedo $ 1 .95 collars and belt, as sketched Riding Breeches, of fine qual- ity white linen, reinforced and well tailored. All sizes. Specially 33,95 priced at Slickersand Raincoats Don’t go away without one bright colors such as rose, green, blue and tan with corduroy collars. All 54.50 sizes. 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Smart New Sweaters 285 and *3% Slip-overs with “V” necks and new high necks; also golf coats in all the new pastel shades. Flesh, white, canary, buff and gray; also jacquard cffect. All sizes. Broadcloth Blouses Tom-boy Shirts, in white, tan, gray, 31.95 blue, green and rose. All sizes. e r -~ Golf Hose 69c¢ Pr. A large assortment of de- signs and colors, for women, boys and men. Sizes 8% to 1%, Full-/a.vh‘ioned Chiffon with Lisle Top. | " CLEARANCE SALE OF SUMMER HATS VALUES $5 to $8—CHOICE Colors Include Moonlight, White, Nude, Peach, Rose- wood, Blush, Atmosphere, Bran, Gray Fox, Apple Blossom, Titian Sand. Try Sworzyn’s First—1219-1221 G St. N.W.