Evening star., 1926-04-27

record that Mr.. Fenning has been ap
pointed guardian In 20 cases on ap
plication of DR.. White during the time
that DIR. White and Mr.. Fenning have
been associated, as Mr.. Fenning tes
titled, In investment deals. 1t was
also brought out that the recommen
dations for his appointment are typec
i'm Mr.. Jennings office and sent tt
DIR. White for his signature.
Procedure Is Questioned.
Representative Houston, Republi
can, of Delaware, questioned the wit
ness closely regarding how the pro
ceedings for Mr.. Jennings appoint
ment as guardian are instituted. Mr.
Fenning himself testified that in al
most all cases they are started by 8
letter from the War Risk Bureau OF
the Veterans Bureau.
| He explained that this was initial
ed by the Government bureau after in
quiring at the War Department, the
Navy Department, st. Elizabeths anC
at the courthouse regarding a suit
able person to act in receiving the
Government obligations to benefici
aries of the War Risk Bureau. He
said that the then chief of the Bureau
of Compensation and Claims had asked
him if he would act in such cases. MIR
Houston questioned him closely re
garding whether there was any under
standing that this business should be
turned over to him.
Mr.. Gibson, continuing this line of
questions, brought out that the Vet
erans' Bureau would write to Mr..
Fennins regarding such cases and
that Mr.. Fenning would then solicit
the business from relatives of the
Veterans Bureau beneficiaries. ask
ing that he be appointed as guardian
and that in such cases where he did
not locate "a relative of the beneficiary
DR.. White recommended Mr.. Fenning
to act as guardian. Mr.. Gibson
elected from Mr.. Fenning the state
ment that "Dr. White knew as far
back as 1904 that l would be willing
to act in such cases" Mr.. Gibson
asked: DO you know of any cases
where DR.. White recommended any
one clse?" Mr. Fenning answered,
zone or two" explaining that an at
torney connected with one Of the
embassies had been appointed in one
or two cases.
Never Paid DIR. White.
Mr.. Houston asked: Did any con-
sideration ever pass from you to Or.
White?" Mr.. Fenning replied: None
whatever"
Mr.. Blanton asked whether in all
his dealing with st. Elizabeth's Mr..
Fenning had ever paid anything TO
Frank Finotti for any services ne
had rendered for him. Mr.. FennlnS
replied "Only notarial fees. MI.
Fenning denied. in reply to further
questions by Mr.. Blanton, that he
had ever paid Mr.. Finotti $40 in each
case that he brought to his attention.
Mr.. Blanton asked the committee to
cali on the four bonding companies
which Mr.. Fenning had testified he
represented and ask them to report
on all moneys they had paid 10 MI
Fenning.
Mr.. Gilbert asked that Justice Nc
Gov be called before the committee or
other matters than those directly con
,erned with Mr.. Jennings guardian
ships.
Mr.. Houston said that the commit
tee not only had before it reports aS
To Mr.. Jennings receipts, bot tha'
the court had approved his accounts
Therefore, in fact, I'VE are inVestlgat
ing the court as well as Mr.. FenniDg,
he said, and he asked that all of the
Judges be subpoenaed in view of the
tact that Mr. Fenning claimed that
every act as committee and every fec
allowed had been approved by the
court. "NVe can't avoid asking Why
these alleged Illegal fees were allowed
by the court" said Mr.. Houston.
1--WE don't want to avoid it, said
Mr.. Gilbert.
Cites Attitude on Law.
Mr. Gilbert then called the atten
tion of the committee to the fact that
Congress, in the last session, had
aSSed legislation which he fathereG
for the control of social disease. with
provision for reports. He said that
DR.. w. G. Fowler, District health of
ficer. at a recent hearing, had testi
fled that he had authorized doctors not
to comply in one particular with the
requirements of that law, and that
this had been done on an order by
Mr.. Fenning. He emphasized that IL
this the District officials had over
ridden an act of Congress"
Mr.. Fenning explained that before
he became District Commissioner, or
knew that he might become District
Commissioner, he had appeared as
counsel for the Medical Society of the
District at a hearing in the District
Building. The corporation counsel
MT. tcnnlHB Salu. nau given a ue
cision favorable to his contention
that had been approved by the Boart
of District Commissioners to the effect
that the purposes of the law would
be better served by not requiring
names TO be reported. Mr.. Gilbert
commented, "There is no use in our
passing laws if they are going to get
together in the District Building and
disregard them" Mr.. Gibson also com
mented, There is altogether too much
overriding the will of Congress by
District officials"
Calls System "ViciOus"
Commenting further, Mr.. Gilbert
said: '1f the law required these re
ports and they are not made as re
quired by Congress. it shows the vi
ciousness of the whole system The
attorney advises the Commissioners
not to carry out the law of Congress. ,
He also declared his non that
the corporation counsel and the
courts appear to be assuming toe
great jurisdiction in the District OF
Columbia"
Mr.. Blanton asked if it is ethical
ito advise disregard of the law and
ignoring the law. Mr.. Gilbert said
"When Congress passes a law it ex
poets 1t to be complied WITH
The hearing was adjourned until
7:30 o'clock tonight.
GARRISON REVIVED.