Evening star., 1926-05-02

MCSOy ~cdlu ICSt IL AAC liACo q oIHsS
i ment."
Mr.. Gilbert told Justice Mccoy that
he noticed from the court records In
the case of Roley Lee that you di
rected the auditor to pay commits
sion of 10 per cent, amounting to
$2l3.04, to the guardian" This led
to a lengthy discussion, Mr.. Gilbert
arguing that by inserting the words
amounting to $213.04" Justice Nc
Coy had, in fact, audited the account.
He said: THAT shows a lack of wis
dom in that proceeding. That is bad
practice, isn't it?" Justice Mccoy an
swered. II think not" and In explana-
tion read a statement of his Views In
the Washington Law Reporter on an
other case in regard to this practice.
He said that otherwise the court
would be delegating to the auditor a
part of his judicial duties"
He argued that 1t is "the essence of
judicial procedure that there shall be
record on which the court acts" and
that frequently the auditor does not
make such a record. He told the sub
committee. For myself have set the
practice that I would not approve an
auditors report allowing compensa-
ton to any one unless it was accom-
panied by stenographic report" He
said that in this case he allowed 10
per cent to Mr.. Fenning as commit
tee. but disallowed any compensation
he claimed as attorney.
Refuses To Criticize.
Mr.. Blanton then emphasized the
fact that Justice Mccoy lays down
the law and policy not to allow the
committee or guardian a fee as com.
mittee and others as attorney, yet,
he said, that ''in innumerable cases
Mr.. Fenning got commissions both
as committee and as attorney
Then he has deceived you?" ques-
toned Mr.. Blanton.
Justice Mccoy answered, please
do not ask me to criticize Mr.. Fen
ming. I don't want to be yellow. lie
is in trouble. I don't want to hide
behind HIM"
Justice Mccoy then quoted for the
record certain documents which
showed that the auditor had dispensed
with formal hearings while he him
self does not approve these accounts
unless there Is a record of the formal
hearing.
Mr.. Gilbert then questioned who
was committee or guardian in these
cases cited for the record by Justice
Mccoy and he replied mot Col. Fen
ming" Mr.. Gilbert questioned JUS
tice Mccoy regarding the practice
he had instituted of acting on ac-
counts and ordering commissions
before the auditor had reported.
''If you figure such commissions
out beforehand you practically do
away with the need for an auditor"
he said. Justice Mccoy answered
that "the fee is no part of the audit.
Questioned further regarding evil
dence before the committee from
court records that he had allowed
Mr.. Fenning to charge both attor-
ney's fees and commissions as guar
dian, Justice Mccoy replied. THAT
is something the court would not
permit"
Knew Papers Contents.
Asked further whether or not he
knew this was in papers which he
had signed, he answered, 1T Is not
my custom to sign orders without my
knowing what is in them" Still fur
ther pressed by Mr.. Gilbert that there
are "innumerable cases in which Mr..
Fenning was allowed both attorneys
fees and guardian commissions" Mr..
Gilbert argued, Then you didn't see
the order and didn't know what was
in it?'
Mr.. Gilbert next asked If he knew
that Mr.. Fenning. as agent for a
bonding company, received one.fourth
Of the commission charged up against
his wards estate. Justice Mccoy an
swered, ION my judicial oath l would
not allow any guardian to profit by
the estate Of his ward" Mr.. Gilbert
then insisted that "Mr. Fenning testi-
fed that in 80 per cent of the cases
he was allowed the bonding fee. II
you had known that you would not
have allowed it,
IT want to say to you, Mr.. Gilbert
I stand by my official conduct" an
swered Justice Mccoy. "Mr. Fennine
is under charges. If I satd l would
not allow such commission, in addi-
ton to criticism of my official duties
I would also be liable to the charge
of being yellow. I act on the sane
tity Of my judicial oath"
Silence Draws Protest.
Mr.. Gilbert repeated the question,
Ibid YOU know that in 80 per cent
of these cases when Mr.. Fenning was
allowed commission as guardian that
he also received 25 per cent OF the
bond fee?" When Justice Mccoy did
not give a direct answer Mr.. Gilbert
nrotested to the chairman that the
witness refused to answer.
"If YOU let the auditor make the
investigation he might have found out
that Mr.. Fenning got the pondlng
commission and reported to you and
then you would not have allowed IT,.
said Mr.. Gilbert. I'm ordering IN az
vance that Fenning be ailoweo ~
per cent, you precluded the auoiIoI
deducting the bonding commission
Justice Mccoy protested that ne alo
not preclude the auditors e&aIiil,a .n '
zion hut that it was the duty OF the
auditor to inuuire into what was IN
Guided in Mr.: Jennings accounts
NJ Gilbert reiterated that MI
Fenning had testified he got one
fourth Of the bonding fee.
lengthy wrangle followed. with
Mr.. Gilbert and Mr.. Blanton trying
TO force an admission from Justice
Mccoy and Justice Mccoy declining
to admit what would be interpreted as
on admission that Mr.. Fenning had
deceived him as to what the account
contained and that he had signed II
without ascertaining that the bonding
fee was included.
Finally Mr.. Blanton said: 1sn
this what was done? Didn't Mr
Fenning prepare this order with the
amount OF commission figured out toi
you to sign?" .o.,,..
Justice Mccoy answered. Qulte
likely-I imagine So" ,1.
Then Mr.. Blanton continued, ou
looked it over and signed lt-tnat
your practice, isn't it,?
Justice Mccoy yas ansWerea attornevs' ~ Is ''e
/ Demands He See Records.
When Mr.. Gilbert claimed that the
records show that Justice Mccoy had
allowed attorneys fees in addition to
Commissions as guardian to Mr.
Fenning, Justice Mccoy declined te
take his word that this was fact
and dan,a nded that the records be