Evening star., 1926-04-16

conducted by the House of Represent
ativee 20 years ago. The committee tr
charge Of that investigation made due
report to the House.
The cases specifically referred to by
tas gentleman from Texas were al
fully considered. testimony was taker
from witnesses, many of whom
are now deceased, and it was shown
to the satisfaction of the COMMITTEES
that all of the proceedings to which
exception was taken had been carried
on under the direction of or with the
subsequent approval of the Supreme
Court of the District of Columbia.
For many years the said cases have
been res adjudicata both before the
courts and before the House Of Repre-
SentatiVeS.
Answers Barratry Charges.
The gentleman from Texas in COM
menting upon the fact that l had indi-
Gated to the judges of the local courts
that ! was willing 10 be appointed
committee in lunacy cases describes
such action as barratry. II the gen
rleman from Texas will ask lawyer
he viii find that barratry is an Of
fense Of frequently stirring up suits
and quarrels between Individuals,
either at law or otherwise" and the
practice of exciting groundless judicial
proceedings" q Corpus Juris, 920. As
serting the rights of insane persons
and securing such rights through the
power and authority and protection of
the Equity Court is a far cry from
''barratry"'
The gentleman from Texas, still
quoting from the ancient records of 20
Years ago, says that I employed DR..
hewitt Dr. hewitt and ] having mar
p.ia SiS wit
lnnacy cases. but he fails to add. as
shown on page 1904 of the record of
said investigation, that I also employ
ed as medical witnesses Drs. William
Fl. Heron. Charles S. White, p. c.
Hunt and Lewis III. Taylor; and it is
significant that the gentleman from
Texas also failed to quote my testi-
n1ony before said committee, as re.
corded on page 1904, wherein ] said
with reference to the physicians just
named:
Those men, il they have been paid
at all, have been paid $40 each in each
case in which they testified. In cases
where the amounts were small they
were simply given to understand by
me that they ought not to make any
charge and they have very readily
agreed not to make any charge in
such cases"
Further Quotations.
The gentleman from Texas quoted
my testimony as follows:
LAS regards men who are soldiers,
there Is no reason why Congress
should not control the whole thing. 1t
would probably take the form Of an
act authorizing the department TO pay
The arrearages directly to the superin-
tendent of the hospital, just as was
done In the matter of pensions. There
is no doubt that Congress can have
full authority over any fund coming
from the United States"
In addition to the foregoing / teSti-
fed, although the gentleman from
Texas omitted this excerpt, as follows:
1T seems to me that in that testi-
mony Mr.. Snyser Representative
from Ohio, a member of the commit
tee) struck the keynote when ne asked
whether this thing did not have to be
done. 1t has got to be done. These
people have got to have committee
appointed for them if, under the Jaws
as they now stand, they are going to
get the benefit OF the money that is
coming to them. Congress has chang
ed that as regards pensions since the
goth of February 1905. If Congress
wants to make any other change as
regards arrears of pay Congress can
do It, but we are operating under the
law as it now stands. Congress can
go ahead and legislate if IT. wants to.
Procedure Is Unchanged.
From the foregoing il lis clear as
CRYSTAL that 20 years ago went on
record before an official investigating
committee as asserting that unless the
law was made otherwise 1t was essen
tial in cases, other than pension cases,
he
courts in order that insane persons
might obtain that which was due
them from the Government. The
Congress has at all times before and
since the hearings of 20 years ago
been competent to pass legislation
with respect to-funds due insane per.
sons from the Government. In the
absence of such legislation the general
procedure through the courts for the
protection of the property right of in
sane persons was the only method by
which such insane persons could
secure such rights until the passage
Of the World War Veterans act 1924
under the terms of which the director
of the Veterans Bureau was author
lied to pay compensation in certain
eases directly to medical officers in
charge of hospitals.
am in no wise responsible for the
failure of the Congress- to legislate,
and it is fortunate that in the alb
sence of such legislation | acted as
part of the machinery of a United
States Court in obtaining the estates
Of persons non compos, SO that, under
the direction and with the approval
Of United States Court, such estates
could be used so far as necessary for
The benefit Of such unfortunates, and
the balance properly conserved under
ample bond and under the critical
scrutiny and annual inspection of a
United States Court. e. 4.
Explains Veterans Cases.
The gentleman from Texas intro.
a. report of DIR. Stickney of the Vet.
erans' Bureau, in which it was said
that / oppose the transfer of his
wards from ST. Elizabeth's Hospital
10 any other hospital outside of this
Jurisdiction: 1t has been learned
unofficia1ly that DR.. White, superin.
1endent. is very friendly to Mr.. Fen.
ming. Question is raised as to the
propriety Of allowing one attorney in
the city to obtain guardianship of so
many Of the beneficiaries Of the
bureau"
assert that in no case have I
imposed transfer from st. Ehzabe g
Hospital where the relatives wanted
the transfer and had proper facilities
either in their homes of in nearby
hospitals for the care of the wards,
and that the only cases in which l
have questioned the advisability of
making transfers have been cases in
which the request had not enamated
from relatives and in which the trans.
3ers were determined upon by the
@ DrvtsA al
My objection in such cases was based
upon the fact of the wards being for
the time wards of the Supreme Court
of the District of Columbia, but in
such cases the transfers were usually
made by the Veterans Bureau.