Evening star., 1926-05-09
FETNNIINC, TN Third AFFEARAINCE,
DENIES VIOLATION OF ANY LAW
Attends Hearing Before Supreme Court Auditor ON
Bond Premium Commissions-ROley Lee
Given Into Care of Mother.

Commissioners Frederick A. Fen
ming made his third appearance in
two weeks before an investigating
body yesterday in defense of his con-
duct as committee in lunacy cases.
At a hearing before Herbert l..
Davis, auditor of the District supreme
Court. called by that official to hear
testimony on the Commissioner
practice of receiving commissions on
bond premiums from the company for
which he is an agent and in which ne
is bonded to serve as committee, Mr..
Fenning personally and through his
counsel, w. W. MILAN, denied viola
tion of any law.
Auditor Davis, as a witness before
the House veterans committee soy
eraI days ago, gave it as his opinion
that Mr.. Jennings acceptance OF the
bonding company commission OF
which he had then just learned, con.
stituted double commissions" and
was in violation of the stand taken by
the Supreme Court of the United
States in the case of Magruder vs..
Drury.
Briefs to BE Studied.
The hearing was concluded in the
afternoon after Mr. MILAN he'd sub
mitted brief on behalf of his client
and Mai. Davis G.. Arnold. national
GUARDIANSHIP officer OF the Veterans
Bureau, an interested party, had re-
ceived permission TO file similar
document bv noon Wednesday, on
recent of this brief Auditor Davis
will study the testimony adduced AT
the hearing and report his findings
to Chief Justice Walter l. Mccoy or
the District Supreme Court.
Immediately after adjournment or
the hearing. Mai Arnold. in company
with Representative Blanton, Demo
crat. Texas. presented n petition to
Chief Justice Mccoy, in chambers. for
the transfer of Roley Lee, mentally
incompetent war veteran, from Mr..
Jennings guardianship to his mother,
Eliza Lee. Chief Justice Mccoy sign
ed the order. which had the consent
of Mr.. F'enning, and the veteran will
be transferred from st. Elzaheth's S
IoSpital, where he has been pa
tiert to his home in GrundN,
Buchanan County. Va. Mrs. Lee
qualified as guardian in the Virginia
courts. gave bond in the sum of $4,000
and hereafter will render accountings
to the Virginia courts.
Witnesses Back Fenning.
The morning session of the hear
ing was given over to testimony OF
witnesses Mr.. Fenning being the
prlncipal one. Others who testified
were w. a. Edgar OF Baltimore. vice
president and agency director or the
United States Fidelity and Guaranty
Co.. of which Mr.. Fenning, up until
May /, was solicitor, and Lee B.
MoSher. manager of the Washington
office of the company. Their testi-
mony substantiated the testimony
given bv Mr. Fenning that the COM
services
rendered the company as agent Mr.
Edgar, however, declared his COM
pany would not grant license to Il
person whose purpose was to receive
commissions on premiums he is to pay
out of his own pocket. The witness
explained, however. that Mr.. Fenning
was not paying for his own bond.
but the charge for the premiums was
taken out Of the estate he repre-
sented.
Mr.. Mosher testified that Mr.. Fen
ning's franchise expired May l and
"we didn't renew it,
The hearing centered about the
seventh and final report Of Mr.. Fen
ming as committee for Adolph Adler
a mentally incompetent war veteran,
who in 1922 was transferred from st.
Elizabeth's Hospital to Government
institution in the Bronx, New York.
qualified as committee before the
Supreme Court of New York aud fur
nished bond in the sum OF $4,000.
Final Report Made.
Mr.. Jennings final report showed
an income of $l,1l4.39 had been re-
ceived by the estate since the last re-
port in July, 1925. and for services
rendered the ward he asks to be al
lowed S101. When Auditor Davis
states the report, the assets will be
turned over to the father and Mr..
Fenning will cease to be guardian.
Joseph Cans, a New York attorney,
appeared for the father and QueS-
toned Mr.. Fenning closely on the
commissions he had received from
bond premiums.
Mr.. Arnold, as representative of the
Veterans Bureau, was invited to at.
tend ION behalf Of the veterans and
share in the inquiry into the services
rendered by the committee for which
he asks Il commission. Maj. Arnold
dwelt on the services he rendered in
the Adler case.
During the Commissioners testi-
mony he told of an arrangement with
q Chicago bonding company which
later went out of business. He testi-
fed to the best of his memory and
without recourse TO MS MES that II
was comparatively short time
before 1920" At the afternoon ses-
sion Theodore Cogswell, deputy
register of wills, appeared before the
auditor as his duty" and informed
him that records in his Office showed
MIR. Jennings first arrangement with
the bonding company was in 1913.
Mr.. FenninE. he also said, received
powers of attorney from the company
in 1915. 1917 and 1920. both as an
individual and III con Injunction with
Spencer Gordon and Miss Helen a.
LOsano. his secretary.
Mr.. Cans was asked by Auditor
Davis to present a brief on the question
of the Commissioner receiving COM
missions on bond premiums. but he
declared he thought the matter was
all very clear and there is no need
of brief" At the close of the hear
ing. however, he intimated he might
mail n discussion of his contentious
IN the matter.
In presenting his brief to the audi
tor, Mr. MILAN declared: The ques-
ton presented in this case is the right
of trustee who is a duly licensed
agent of bonding company to place