Evening star. [volume] (Washington, D.C.) 1854-1972, 1926-07-21
Expects to Return to Duties
Unless President Tells
Him to Leave.
SUCCESSOR EXPECTED
TO BE APPOINTED SOON
Will Probably Be in Office Before
Commissioner Gets Back From
Vacation. Starting Today.

While the District awaited word
from the Summer White House as
to President Coolidge's choice as his
successor. Commissioner Frederick
A. Fenning departed quietly today
for an extended motor trip through
the New England States, with the
Thousand Islands as his ultimate
destination. The Commissioner left
word at his Office, however, that he
would return TO his desk two weeks
hence, unless the President accepts
his resignation in the meantime. TAX
ing the stand that with his resigna
ton in IT is entirely up to the Pres
ident to say when he shall step out.
In making the announcement that
he would return to his Office in the
event that his successor has not been
named, Mr.. Fenning also prepared for
eyentualities. His colleague, Com
missioner Cuno II. Rudolph. has
planned brief respite from his Off
cial duties and the Summer heat
early in August, and Mr.. Fenning
does not desire to deprive him of
vacation. 1t is necessary to have
one civilian Commissioner present TO
transact the official business of the
Board Of Commissioners, and unless
a new Commissioner is appointed or
Mr.. Fenning returns il would not
be possible for Mr.. Rudolph to leave
Washington.
President Considering Successor.
1t is believed, however, that COM
missioner will have been named be-
fore Mr.. Jennings vacation is at an
end. Word was received from the
Presidents headquarters in the
Adirondacks this morning that the
matter was receiving the deepest con.
sideration by the Executive, but there
was nothing to indicate when his
choice woulo be announced, or where
It would fall.
Coincident with Mr.. Jennings de-
parture, Frank j. Hogan, his chief
counsel during the impeachment pro-
ceedingS before the House judiciary
committee, formally confirmed the
newspaper reports from White Pine
Camp that the commissioner had sub.
anlitted his resignation. Mr.. Hogan
also made public the brief text of the
letter of resignation. It was written
to President Coolidge. and follows:
Il have the honor 10 herewith
tender to you my resignation as Com
missioner of the District of Columbia
ito take effect at your pleasure"
AS AIR. Jennings designated spokes-
man. Mr.. Hogan likewise issued a
statement on behalf of the commits
sioner. 1t said:
MIR. Fenning was never a candi-
date for the office of Commissioner
of the District of Columbia. He ac-
cepted that Office reluctantly at the
earnest personal request of President
Coolidge. His position has been that
he would gladly surrender the office
to the man from whom he received
it, but that he would not retire in
the face of attempted impeachment.
Responsible Only to President.
THE majority of the judiciary COM
mittee of Congress having held that
he was not impeachable and that.
even if impeachable, there was no
proof of any charge justifying i'm
parchment. and Congress having ad-
journed, Mr.. Fenning continued his
position, which, it is repeated, was
this: From the President he had re-
ceived the commissionship and to
the President he would surrender II.
Mr.. Jennings resignation was not
submitted to take effect when he
cleared up some pending matters. It
was submitted to take effect at the
pleasure of the President Since the
submission of the resignation Mr..
Fenning has been awaiting the Presi-'
dents pleasure in the matter. When
the resignation is accepted he~wilI
lay down the duties of Commissioner.
Naturally in the time intervening be-
tween submitting his resignation and
the Presidents acceptance of it he
has uninterruptedly discharged the
duties of his Office"
Why the President withheld an
nouneement of the receipt of Mr..
Jennings resignation is a question
that is puzzling the Commissioners in
innate friends. Mr.. Fenning, through
Mr.. Hogan, denied the reports from
the Summer White House that the
news was withheld so that the Com
missioner could complete certain work
that he was engaged in.
Put In Bad Light.
AS a. result of the delay in making
public the fact that Mr.. Fenning had
resigned, it was said, the Commits
sinoer was put in the light of defy
ing the President and was determined
to cling to his Office until sunimarily
removed.
Commissioner Rudolph has taken
over Mr.. Jennings official duties
and will perform them until he re-
turns or his successor comes Into
office. Mr.. Rudolph has indicated
that he may resign, too, but certainly
not before Mr.. Jennings successor
is thoroughly familiar with his du-
ties.
Some of his friends have urged
him to, serve out the remainder of
his term. which expires next April
is. and he is giving this serious con-
sideration, although Mr.. and Mrs. Ru-
dolph have tentatively planned a trip
around the world beginning next