Evening Star Newspaper, July 2, 1926, Page 7

NG STAR, WASHINGTON, D 0, 9 = FRIDAY, JULY 1926. "DISTRICT COMMISSIONER IS DECLARED TO BE NON-IMPEACHABLE 'ENNING S( ORED FOR TAKING FEES FOR PLACING HIS BONDS Statement Accompanying Dyer Report Holds He Has Lacked Essential Close Contact With Wards. Limit on Number of Guardlanshlps Urged. (Continued from Sixth Page.) ; he has incited, aided in of the doctors em: d in the United States Veterans' au, and who are, by law, ve all of their time to to engs private practice a, such S of the Government in their said private prac- tice, and that the sald Frederick . enning has knowingly permitted the t alienist, Dr. Percy Hickling, who receives a salary of §3,300 for all of his tim e, to sell “his testimony at the rate of $50 per day and more to rs, both in the District and out- ~mn of it.’ “There this, charge. Charge No. 19, ble information Attorney ed in the eph Gaw- and that during the 1 many bodies Hospital to be unde ker for using no testimony to support ons, Inc. vears has ecaus m § iheth' ned to said il nning, and v _case of Walte 3, the on March aker the expenses, ame that the SL unt was I's estate, me his own fee nd at such time 1t for a charge Tabler fu v and con- vards of the ' Bureau; and said Fenning knew t only $52 Under shes everything ne cts decent funerals United States Veteran: charge further that 1sed the basin, w the Vete ve been turned over to v turned over to U rtaker Taltavull, who made the Gov- ment pay $108.50 for me, but *h would have cost the Govern- t only §52 for identically the same neral had sald body turned over to the Vet s’ Bureau md the funeral conducted by the bu- s undertaker, Tabler.’ “Sea page 14, stipu red in th nded by should h to be wrongfull n between that Mr. re of stock in torne; for the said_corpors The evidence does lolation of law. “‘As to number n! bo t show any es buried from a1 by Joseph . testimony of , commencing ee proponent's exhibits 16 and 17, not reproduced in the record. nning’s compensation from Gawler's Sons’ undertaking establish- ment see testimony of Mr. Alfred B. T, page 647, e Fenning's testimony, mencing on page 904. “There is no proof to support charge as to body of drowned veteran found in the basin, or that Bill Franklin And Coroner J. Ramsay Nevitt and Fen- com- | er of them being wards | wh \ning confederated :n the burial of sald ~ | boc ee testimony of Clarkson r, commencing on page 249. ee lenning’s testimony, commenc: .ng page 905, as to case of Walter Gar tand Allen, in said charge. The only evidence is contained in testimony of Mr. Fenning, pages 904 and 905. Charge No. 20. “‘I charge that the said Frederick Fenning, without having any ac- iaintance whatever with her, so. Eudaa S. Kelly of ., to employ him as her prosecute a claim of $1,800 against the Government, which he agreed to do without any expense to her whatever, but that after the United States made payment to her he was to receive a_portion of the amount paid her, and that when he learned that she had already em- ployed Lyon & Lyon, attorneys, of Washingion, D. C., to prosecute thi laim for her, said Fenning the help of one Henry I'. i“ellov through him ifluenced the 3 Kelly to break and power of attorney with Lyon & Lyon and to discharge them and to employ said Fenning.' “There is no proof of any wrong in this charge. ep testimony of Henry attorney-at-law, Bostor attorney for Mrs. Budogs S commencing on page 243. Charge No. 21. T charge that the said Frederick A. Fenning, while Commissioner of the District of Columbia, on June 10, 1925, represented a client, and as at- torney filed in the Supreme Court of the District of Columbia a pelfl(nn in lunac; e No. 10890, and ) sed Michael F' be adjudged of unsound mind, and in his petition had himself recommend- ed for committee, and had himself appointed as such committee, after h. ch, he prosecuted a claim against the Government of the United States, and on June 20, 1925, reported to the court that he had received from United States Navy the sum of 80 as back pay due said Fla- hert, nd that he expected to re- ceive from the United States Navy the sum of $94.30 each month there- after as pay due his said ward. “There is no evidence to support this charge. “See testimony page 306. P, Paul V. Rogers, Charge No. 22. I charge that sald Frederick A. Fenning, while Commissioner of the District of Columbia, on September 1925, appeared in the Supreme Court of the District of Columbia as an at- torney for a client whose business he had solicited and as such attorney filed a petition in lunacy, case No, 11041, seeking to adjudge Richard M. Norris of unsound mind, said Fen- ning in his said petition alleging “that Richard M. Norris is entitled to wee risk compensation monthly, the amount mot vet known,” showed that to recover same it would on be necessary for him to prosecute a claim before the Veterans' and as | from st. | upon all of which proceeds which | laws hereinbefore Bureau, | his such attorney said Fenning | mind, and as said attorney sald Fen- ning did prosecute such claim before sald United States Veterans' Bureau, in violation of law, and had such m- allowed, and on January 20, 1926, as such attorney said Fenning made report to the court showing that his client had received a check from the United States Veterans’ Bu- reau and had deposited it in the said Natlonal Savings & Trust Co.’ “There is no evidence in this case violation of the law. See testimony Paul V. page 300, of Rogers, Charge No. 23. “‘I charge that the said Frederick A. Fenning, while Commissioner of the District of Columbia, appeared in the Supreme Court of the District of Columbia as attorney for his client, which business he solicited, and on the 20th day of October, 1925, filed a petition in lunacy case No. 11092, seeking to adjudge Francis D. Allen of unsound mind, and in such peti- tion recommending that he be ap- pointed committee, and said Fenning alleging in his said petition that the said_Allen {s entitled to recover from the United States Navy retired pay of $150 per month as a lieutenant in the Navy, and that, as such attorney, said Frederick A. Fenning tried said case on November 20, 1925, and caused Allen to be adjudged of unsound mind, and caused himself to be ap- pointed committee, and that on D cember 9, 1925, said Frederick A. Fen- ning reported to the court by his sworn_pleading that he had recei Elizabeth's Hospital $116 due said Allen, and that he expe to receive from the United States Navy §150 per month as retired p due said Allen, and that he expe to receive certain funds said Allen has on deposit in a New York bank, and that he expects to receive pro- ceeds from the sale of certain lots said Allen owns in New York, and that he expects to recover a refund of a_deposit which said Allen made on d house in Pennsylvania, and aid Fen- ning will unlawfully receive at least 10 per cent annually.’ “There is no evidence in this case of a violation of the I “See testimony of Edward C. commencing on page 276. “See testimony of Mrs. Annle R. Piquett, commencing on page 288. “See testimony of Mrs. Pickrell, commencing on page 3 Charge No. 21. “I charge that the said Frederick A. Fenning, while a Commissioner of the District of Columbia, appeared an attorney for his client in the preme Court of the District of Co lumbia and on December 2, 1925, filed a petition in lunacy case No. 11137 in said court, seeking to adjudge Charles L. Cunningham as of unsound mind, that the case was tried on December 4, 1925, and the judgment decrecing sald Cunningham of unsound mind recites that petitioner appeared attorney—Frederick A. Fenning: I charge that on January 27, sald Commissioner Frederick A. ning, as said attorney, filed with » Allen, 0. u- Fen. ia nt ing that petitioner had emploved | said Frederick A. Fenning and Paul Rogers as attorneys, and asking mission to pay them their fee of and that on that same da 27, 1926, ary ning secured a signed order from Chief | Justice McCoy authorizing the pay ment of said $130 fee to said Frederic | A. Fenning and Paul V. Rogers, as | attorneys, and that said Fenning re- in violation of the ientioned, and that id January 1926, sai A. Fenning filed a petition -for client showing that petitioner had collected from a bank and the United ived such fee eric had said Norris adjudged of unsound ! States Navy the total sum of §1,605.13, EISEMAN’S 7th & which was deposited in sald National vings and Trust Co., sald Fenning's bank.” “There is no proof in the case of a violation of the law. testimony Paul V. Rogers, as to charges 21, 22, 23 and 24. There is no proof that Mr. Fen- ning appeared in court or before any of the departments as attorney in these cases, and if he had there is no w against the Commissioner en gaging In the practice of the Jaw. Plentb Charge No. 2 arge that the id Frederick A. Fenning, while Commissioner of the District of Columbia,’during the four months from December 1, 1925, to March 31, 1926, permitted the cor poration counsel of id District, in the name of the Commissioners of sald District of Columbia, as petition ers, to file in the Supreme Court of the District of Columbia 150 cases of lunacy nd caused 150 hun beings, and residents of said District, to be incarcerated in insane asy charged with being of unsound mind, en many of said persons are sane and should not be deprived of their liberty “There is no testimony to support this charge. “See testimony of Mr. Henry B. Davis, page 4 as to how the pra tice originated, in having Commis: sioners of the District of Columt petition the court in cases of lunacy. Charge No. 2 | “‘I charge that the said Frederick [A. Fenning continuously for the past |23 vears has conspired and confed- - Willlam A. White Dlock and prevent sane patients wrongfully incarcerated in St. Elizabeth's Hospital from securing their liberty through habeas corpus proceedings, and I charge that Fred- erick A. Fenning admitted under oath that he went to the court and causeg wop to SEVEN COMMITTEE MEMBERS DEMAND FENNING’S REMOVAL (Continued from Sixth Page.) going reasons and facts, together with the general standard of fiduciary con duct of the respondent, as shown by the evidence, T am compelled to con clude that he is unfit for any official position of high trust and respon | sibility Mr. Weller two parts, the history of the and the second sioner is a civil ofti duties of an office States within the m stitution of the United ates.'” “To say that an office created by Congress, whose source of jurisdiction | resides in the provisions of the Con stitution, cannot be impeiched for { misconduct strikes at the heart of the v provision of the Constitution it self,” Mr. Weller declared. “In pass inz. we should note that the Consti tution does not provide that Commis stone should hold office only during good behavior. The fact that a Com missioner acts for and in oe the United States in adminis affairs of the municipal ¢ imports that he is the direct repre- ive of the sovereignty of the States. President can be for misconduct it is wh n cer, who is the President, with the consent of the Senate, is I ferent position.” divided his report into first dealing with the District of Columbia “whether a Commis. r, performing thy of the Ur aning of the a | sent United “If the uit to dvice any F Sts. YOUR CREDIT IS GOOD AT EISEMAN You Don’t Pay More When You Buy HERE on Credit Hundreds of Don’t get the impression that because we give liberal terms we charge more for the goods. Our . g . g - prices are as low as any cash store in Washing- ton. JFor instance, you can buy here, on liberal terms, genuine Palm Beach Suits for $11.95. =) Can you beat that price anywhere? Our Silk- Trimmed Tropical Worsteds and Gabardines are but $19.75 and $25. We have noticed these same suits elsewhere at $27.50 and $30. You get value here, plus liberal terms, without extra costs to you. 95 11 In All Materials and Sizes Hot-Weath to ‘25 er Suits On Liberal Terms sinted by | nd | the court not to discharge Miss Cor- nelia A. Corbett he thus ane, and ed their property. able finally an trict, through h: ings, forced the court the; mind and rel No. 49104, law, A. Fenning in of the District covered a judgn m had squandered, ful acts of said premature death of Mrs. Corbett.” Princess with_ cold astringent, Btick. Hudput Seta, Tre dur Jur Iba wrongfully kept beth's for two years and four months, during all of which time they a tr ased, and that the said Miss Cornelia L. de him ‘pay back to her a part of the value of he and her mother, and them in | nrigy Cornelin A. while there he squan- and that when lawyer in the Dis- as corpus proceed- 1 for them before adjudged of sound mony of Miss on page 501. “Her testimony who wi Corbett, In canse | Moo Hastlon sued said Irederick | the Supreme Court of Columbia and re- rent against him, and habeas cor; ing on p 1 r property which he and that sald wrong. Fenning caused the Fenning is now beth’s Hospital who is sane, i Is squandering his Corbett mother were committed to St beth’s Hospital is found in the t sti- Corbett, commencing also, property belonging to her by Mr. Fenning under public Also see testimony attorney Cornelia Corbett and her mother, in proceedings, id pr and shows of Robe for com Charge No. 27. “‘I charge that s holding in St. Lieut and t ederi F. D Fe auction Charge No. 28. rge that in ederick A his_ward’s h and all of the iy he must file under oath, such notary is an employe of h {office and ‘such fees allowed rt H.lthe court when they Miss | fee i “p e id ¥ inst fee, in Fenning esta no how sold There is no testimony at all ing to show that notaris fees not proper fees “As to notarial [ mony of Miss Helen mencing on page 313. Charge No. rge that s menc- charges La Sano, ck El Allen, nning A 29 ennin, many are not proper see testi oner of the Distriet ot Colum) own selfish benefit and v , and that he exercises power in an arbitr nd tyrannica nner, evidenced by his wrongful de tion of Inspector Albert J. and punishing Officer Go ng his duty.’ e evidence is insufficlent to su port this charg fmony 1 by |bert J | Police “Thers 18 1o testimeny o support | \ 1 " | this charge. otary | when | ind rene of M { commencing “on | ning’s testimon 923; ses testimony M. O | rector of traffic, District | comumenci tend are com Store Closed All Day Monday, “Independence Day” Week End Toiletries! Pat_Sets, $1.50—Complete cream, cleansing cream. ice rouge, face powder and lip- Melba and Luxor Week End Triple Compacts, $1.25. Double, Compacts, $1.00. Single Compa Hudnut ¢ and oacts, double, e Cloihs, 10c. Paper Nupkins, Satisfaction Since 1559 -MN@S PAM 810-‘18 Seventh Street 59¢ Children’s Athletic Union Suits, 39¢ Finecount £0 madras, in styles for boys and gir years. Taped round neck and well finished with taped i Street Floor. $2 All-Silk wom delightful bathing d. For Women—One-pi ca and bla ntrast Women’s, Misses’ and Girls’ athing Suits, $2.98 The suits are shown in many new and more fetching than any we have en in and miss who selects her bathing this Summer. ce suits of g ng striped borders. Blue, k. Sizes 36 to 44, green, red, adels that are far prettier 1y a season suit here will enjoy s w $1 .35 Full fashioned it splendid i Ik fe in a Glow, crust, banana, parchment, beige, blonde, touterelle, almond, atmos dove gray, woodland Evcey fox, moonlight, rose, belgigue, Chiffon Hose mauve, noisette, phere, blue gun metal, Piping Rock, Priscilla, taw- ne s 8 to 10, h )3 For Misses and Girls—Plain colors and those with striped bor- ders. P tions. Shees, ure wool in one-piece s capes, wraps and caps spec Second Floor—] A Special Sale of Girdles and Corselettes In Time for Hot Weather New $5 Girdles Closed flowered elasti the top strong hose back of pink, brocad and knit Attractively bound at with satin ribbon. supporte: 26 to 36. Th cial pur derfull Imagine such for a selette fabric. back and the side. and four constitute a e—hence low tigure. $2 Corselettes- 515 very spe the won- small quality price cor pink boned ned at traps Sizes a plendid fancy striped Elastic gore 1 front and fas Tape shoulder hose supporters. 34 to 44, Second Floor Holiday and Vacation Luggage in a specially prepared offering $5 Samson Auto Cases, 26 drawbolt $5 Samson Suit Cases, ‘244nch aron catches, $5 Black Dress Cases, 24-inch Women's Dress combination Two and nice inc! 5395 long. Boxed frame, metal corners, and key. $3-95 ap and metal corner: $3.95 for week end trips. lock catches. Fine fabrikoi Also 18-inch Fabrikoid Traveling hes lock lock Iy lined. Rags. lined with leatherette. $5 Enameled Suit Cases, 24-inch. with solid leather. kev. $3 Enameled Suit Cases, Black steel fr handle. $1 Boston Bags, Black handy 33.95 Black enamel. English style, trimmed Straps, drop catches, lock and $1.98 Snamel Bags, with solid leather corners, mes, double solid locks, sewed and riveted 4-inch_size. 69c Enameled Bags on sturdy steel frame. hopping size. Splendid for short trips. Third_Floor flaxseed and WHITE. 7 Rayon Hose, 35:. 3 Prs. for $1 lose ir Sale for the Holiday—of S1.56 to $2.50 MEN’S SHIRTS Ou r shirt sales are a by -word for excep- tional value—as thousands of Washington men know. unusual them. fresh, looking Imported English Broadcloth (woven stripes) and we of clean and new, ir values Thousands never disappo wonderful 1 scores of the b ics, colors and patterns. shirts, Men have come to expect very int est Loy b T iy Genuine Broadcloth in colors Rayon-Striped Woven Madras Repp Cloth Woven Madras with colored stripes Sizes 13V to 17 Collar-Attached $2.50 and $3 Straw Hats,~$1 85 in wide and medium brim styles ed and domesti Collar-to-Match yeckband Styles All size crowns, c straws in white and natural. 5. Shop—Street Floor Continuing the Sale of WOMEN’S SHOES Formerly $4 and $5 Qualities The story is—a remarkable pur- chase for cash from a maker who over-anticipated the Summer re- quirements of his customers. Every desirable medium is represented. All sizes in the group—but of course not in every style. style and Patent With Blonde Patent With Sauterne Patent With Parchment Patent With All-Blonde Kid Black Calf, Satin and Kid White Canvas New Handbags— Reduced! Formerly $5.00 and $5.98 Tomorrow Only Splendid _bags _that will with your Summer costun and pouch siyles of fine lcathe calf, " caftian, | vachotio, Motoees an Eimilar finighes. P ack. brown tan, red. green. blue well mate i elts, 39c nd 1% inch width A4 patten numeled Mesh Bugs, $2.05 lichtful for use with Summ Pastel colors in an ¢ nt size Street Flo “Stunning new belts . in plain or [ Summer Neckwear 89c¢ Dainty fixings for cool Summer frocks and cuff_sets of orzandy, lace, nd silk. styled and finishe, New Vestees, Attractively A large nd silk. group in in white