Evening star., 1926-06-14
Lawyers See Abuse of High
Privileges of House in Con-
duct of Prosecution-A||
Charges Are Denied.
D. c. OFFICIAL DECLARED
TO BE UNIMPEACHABLE
Commissioner Is Not Civil officer
of U. S., Says Document-Ran.
kin Plea Against Defendant
Said to Avoid Prevailing Court
Decisions in Its Citations.


Submitting vokIminouS legal au-
thoritv to support their contention
that Frederick A. Fenning. District
Commits sioner. is not subject 10 re-
moval from office by the House-but
declining to rest their case on this
point alone. and pleading that the
judiciary committee, in justice tc
their client, report to the House OF
the merits of the case as well as the
law-counsel for Commissioner Fen.
ming filed their brief in his defense
with the subcommittee OF the House
judiciary committee today.
The brief, by Frank !. Hogan. Lev
Cooke and Thomas +. Littlepage
representing Mr.. Fenning. is the fina
argument to he considered by the
House judiciary committee before re
porting on the impeachment charges
against the Commissioner. and follows
by three days the brief submitted by
Representative Rankin, Democrat. OF
Mississippi. acting for the proponen,
of the charges. Representative Thomas
Rlanton. Democrat. of Texas. The
Judiciary committee is expected Il
meet in executive session this week
and make its report.
Explaining that upon the very
threshold of these proceedings" the
question-"1s Commissioner of the
District of Columbia a civil officer ot
the United States removable from of.
flee on Impeachment under the pro
visions of the Federal Constitution?''-
was found by the committee, and i
now the primary question of law upon
which the committee invited the sub,
mission of authorities, the brief sets
forth at the outset tha. the committee.
in fairness to Mr.. Fenning. should not
Confine its report to this question
alone.
We do not desire" the brief states.
that the subject referred to the com.
mittee on the judiciary under the
terms Of House resolution 22S shall I've
disposed of solely upon the ground of
the impeachabili Of Commissioner
OF the District of Columbia.
Wants Report on Merits.
Serious charges were prese ented to
the House of Representatives by a
member thereof under the high priv
flege conferred by such membership
and under the corresponding obliga-
tions imposed by that privilege. This
v.
has permitted the proponent of those
charges to endeavor to make proof
thereof. With equal liberality the
committee has afforded the respond
ent full opportunity to meet the
charges, as well as allegations not
embraced in the charges as presented
TO the House, but added thereto dur
Ing these hearings. The charges,
and each and all Of them. have been
met squarely. The respondent has
consistently refused to ask this COM
mittee to dispose of this case because.
as matter of law, he is not an officer
subject to impeachment and because
AS matter of law, the House of Repre-
sentativeS has no constitutional pow
ers which can be interposed or in any
wise exercised to effect his removal
from the only office which he holds.
The case has been fully heard on it's
merits. 1t should be, we respectfully
submit, reported TO the House by this
committee on its merits
In the course of their argument
counsel for Mr. FenninG make the
change that the Rankin brief. fled a
few days ago with the committee,
built up an argument by avoiding
applicable decisions and in one case
quoted the dissenting opinion of the
Court Of Appeals instead Of the pre-
vailing opinion. which was the opinion
of the court.
Asks Rebuke BE Given.
While the brief confines itself al
most wholly to arguments on the
law. counsel for Mr.. Fenning con-
clude their plea with the hope ths t
the committee will see fit not only
to report to the House that Mr.. Fen :
ming Is not an impeachable officer
and that there Is no justification of
the charges presented against him,
but that this committee may well
consider 1t within it's province to call
to the attention of the House the
Grass violation of its high privileges
which these hearings have disclosed
We have hereinbefore said that
there Is no constitutional power.
save that Of impeachment. which
is lodged in the House OF Representa- =
tives, in relation to the removal from
office of one duly appointed thereto.
But there Is a constitutional power
which the House of Representa- tives
has over its own members. and the
exercise of which we venture to sug-
gest this case calls for.
"On the 18th of April last a mem.
on the floor to address the House on
a question of the highest privilege.
There and then "a specific charges
against the respondent were solemnlv
and deliberately laid before the House
of Representatives. These did not
represent words spoken in the heat
of debate, without preparation and
due deliberation. In the light of the
evidence now taken as regards every
one of the matters set forth in those
charges. it is conservative to say that
the record of the Congress of the
United States discloses no more
fragrant abuse of the privileges of
membership than that which this case
presents.
Constitution Is Cited.
Our Constitution wisely provided
that Senators and Representatives
shall not be questioned in any other
place for any speech or debate In
either House tArticle |. section 6
paragraph u. But the trainers Of the
constitution contemplated that each
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