Evening star., 1926-06-11
Rankin Declares
Commissioner Is
Impeachable.
OF BOND
FEES is ATTACKED
Makes Him a Subject for
Prosecution, Brief
Contends.

setting IOrtn tnat commissioned
Frederick A. Fenning is subject to
impeachment by Congress or to re-
moval by the President. and that he
is further subject to criminal prose-
cution for embezzlement by accept
ing commissions on the bond pre-
miums paid by the wards estates,
the brief of Representative Rankin,
Democrat, Mississippi, counsel for
the Government, was filed with the
House judiciary committee last
night.
Upon receipt tomorrow OF the
brief of Frank ]. Hogan. chief coun-
sci for Mr.. Fenning before the COM
mittee's investigation of the Blanton
impeachment charges, the matter
will be disposed of early in the week.
Mr.. Rankin's brief also declares
that Commissioner Fenning is subject
to criminal prosecution for violation
of Section 549S of the Revised Stat
utes, which prohibits Federal officials
from prosecuting claims against the
Government for participation with
Commissioner Cuno H. Rudolph in the
violation of Section Al of the United
States Penal Code, which prohibits Of
ficers Of the United States holding pri-
vate business interests from transact
ing business with such interests, and
for violation of the World War vet
Grams act regulating the practice of
attorneys and the fees to be charged in
collecting compensation from the vet
Grams of the World War.
Fenning Held Federal Officer.
Mr.. Fenning, the brief holds, is d
Federal and not municipal officer.
Mr. Rankin prefaced his brief,
which was printed today in the Con-
gressional Record, with this statement:
with the short time had in which
to prepare and with the opposition of
certain members of Congress. who
seem to be more interested in sup
pressing the facts with reference to
these outrages than they are in getting
relief for our disabled heroes, / have
done the very best l could. I submit
this brief on the part of the Govern
ment in the interest of common JUS
tice and in behalf Of those men who
are no longer able to plead for them
selves"
Covering seven and One-half closely
printed pages in the Appendix of the
Record, the document, after citing the
charges against the Commissioner,
concludes:
Proceedings should be started at
once to have every case of World
War veteran for whom Fenning is
guardian carefully audited and suit
should be filed to recover back to these
hnJ ny,I 10 hnS fa4o ha
that has been wrongfully taken from
them. These are the same boys who
offered their lives in defense Of their
country during the dark days Of the
World War and they are just as dear
in the hearts of the American people
as the Unknown Soldier who sleeps on
the heights of Arlington.
Appeals to Committee.
so I appeal to you not only as
members of the committee on the
judiciary but as members of Congress
that we do not neglect our duties
toward these unfortunate boys who
are receiving the unjust treatment set
out in this brief, as borne out by the
record, and who are still in the
clutches of Frederick A. Fenning,
without any chance Of relief except
through the Congress of the United
States.
"Those members of Congress who
have diligently attempted to block at
every turn this investigation and pro-
tect Mr.. Fenning in these practices
have shown that they are more in
sympathy with him than they are with
our disabled veterans, and will doubt
less continue to rise in his defense in
the House and elsewhere; but 1 sub
nit that ii the American people knew
all the facts they would sweep from
public life every man in an official po-
sition who attempts to stand in the
way of thorough investigation or
apologies for the heartless acts of
Frederick A. Fenning as set out and
as shown by the testimony taken by
three committees Of the House.
Brief in Part.
Mr.. Rankin's brief, in part. fol
lows:
"Of the 700 or more cases handled
by the defendant, Frederick A. Fen
ming, of guardianships of insane per-
sons alone, not more than 25 of them
have even been partially examined by
the committee, and of the 25 filed
with the committee counsel has had
no opportunity to go through and
point out the irregularities therein.
1T is of supreme importance to
this investigation that every one Of
the 700 cases handled by Mr.. Fen
ming should be examined and care
fully audited by the auditor of the
Supreme Court of the District of Co
lumbia and by some Representative
of Congress. This is especially true
with reference to the insane World
War veterans, for whom Commits
sioner Fenning is guardian, for the
reason that the few cases that have
been examined have been filled with
fraud and imposition on these help
less wards of the Government who
offered their lives and gave their
health in the defense Of their country
in time Of war.
''It is shown by the record of the
auditor of the District Of Columbia,
and by the testimony introduced, that
Fenning appropriated to his own use
about $1,000 of the money of the in
sane World, War veterans alone for
whom he is guardian, by taking rs
per cent commission on the bond pre-
miums. in violation Of law. This not
only constitutes fraud and miscon-
duct on the part Of a fiduciary, but
it constitutes embezzlement under
section BAL Of the code Of the District
of Columbia, for which l submit that
the Department Of Justice should be-
instructed to institute criminal pro-
ceedings at once.
THAT Mr.. Fenning, after his ap-
pOintm0nt by tho court as guardian