Evening star., 1926-06-18
FENNINC CAN BE IMPEACHED,
RANKIN DECLARES In HIS REPLY
Brief Cites Authorities to Prove Point-Urges JUS
tice Department to Institute Proceedings
Against COmmssioner-Praises Blanon.

made in that brief to show that
Fenning may be removed by either
method. Since no power to remove
commissioner Is contained in the act
of 1873. 1t follows that he Is impeach-
able, and that, instead of waiting
upon impea chment proceedings, the
President has the power to remove
him.
This very decision of Barns gainst
United States, cited by Mr.. Hogan,
clearly shows that by the act of 1871
public works of the District OF
Columbia We're removable by the
President under the expressed terms
OF the act and that the governor and
secretary OF hoard could only he re-
moved by Impeachment proceedings.
unless the President chose to remove
under the doctrine that the power to
appointment implies the power of
removal.
Power in L. S.
The following is copied from page
663. twentyfifth ruling case law: 1T
is undoubtedly true that the District
Of Columbia Is a separate political
community in a certain sense, and in
that sense may be called Il state. but
the sovereign power OF this qualified
State is not lodged In the corporation
of the District OF Coh, nba but in
the Government OF the United States.
Its supreme legislative body Is Con-
gress. The subordinate Legislative
powers of municipal character
which have been or may be lodged
in the city corporation or In the Dis
trict corporation do not make these
bodies sovereign. Crimes committed
in the District are not crimes
gainst the District, but against the
United States
Ruling Case Law, case SIC: Its
executive department consists of
board of three commissioners who are
appointed by the President of the
United States. by and with the advice
and consent of the Senate. Its judges
are appointed in like manner. Its
local Legislature is Congress. Its per-
ma nent residents are citizens of the
United Srates.
Ruling Case Law. page 1877, says:
Persons liable to Impeachment under
the Federal Constitution are the Presi-
dent. the Vice President and all civil
officers Of the United States. Ii is
also settled by legislative precedent
that a Senator OF the United States is
not liable to impeachment. In gen
eral, SO far as the matter can be said
to he definitely settled. it appears that
the officers Liable to this process are
those who are commissioned by the
President as provided by section =
article IL. Of the Constitution. except
ing those employed In the land and
ma val forces bat including all the Fed
efal Judges.
Claims lie Is Officer.
1T is conteuded that the Supreme
Court of the United States In Metro
politan Railroad vs.. District Of tolum-
bia U32 l.. =, y. - has decided that
the District of Columbia is not a de-
partment Of the Government. This In
nowise affects the question whether or
not t'ennins Is an officer of the United
States. 1t IL true, as decided by the
Supreme Court Of the United States
In iiartwell W.. United States % Wal
lacel. that all persons appointed by
the heads of departments are civil
officers of the United States: therefore
ii cannot be argued that Fenning IL
not civil officer of the United States.
because the District of Columbia is
not a department of the Government.
lie comes within the primary class
Of Federal officers mentioned in that
those appointed by
tHe fTesluent ana toiiHfihed ny tHe
Senate.
Other authorities are cited hy Mr..
Ra ukin.
Taking up the question Of whether
Commissioner fenning was guilty Of
In accepting commits
sions on bonds. Mr.. Rankin SAYS
there is no charge more conclusirely
proved than this one. Justice Siddons
of the Supreme Court of the District
Of Columbia has decided that this ac-
ton on the part Of Fenning, carried
on for more thar 20 years in hundreds
Of cases, was illegal. In the opinion
tlled by this Justice on June 10, 1926.
in the case OF Adolph Adler. lunacy
No. 7.42. the justice reiterates that
neither the court nor the auditor nor
any Judge Of the Supreme Court OF
The District Of Columbia ever had any
knowledge Of this practice by Fen
ming. The court held as mntenable
he claim of Fenning that II he turned
over the premiums unlawfully appro-
priated by him to his wards, he would
be violating section 654 of the code
rebates. 1t would have
added to the weight OF the Justices
opinion If he had also held, which he
a pparently did not know. that all
bonding compa MES come under the
act OF August. 1895. as amended by
he act OF March, 1910. and report to
the Secretary Of the Treasury, and
hat there is no prohibition of rebate
N either Of said acts.
Says Opinion Is Private.
although the question as to
whether Fenning had committed en-
or perpetrated a fraud on
the auditor or the court" the brief
said, was not involved In the order of
reference to the auditor and could not
have been involved, the court was not
:alled upon to pass upon those ques-
ions from which counsel for t'enninE
ppear to get Satisfaction. The court
went ont Of it's way and az ubiter
iictum expressed the opinion that the |
evidence did not show u fraud: but
since that Is not II legal opinion. but
8 a mere expression Of the individual
views of the justice, it is a private
view and is entitled to no more weight |
ut is noticeable that the auditor
oenalized Fenning by denying him all
claims for attorneys fees, commits
,ions and premiums on bonds because
If this illegal and disreputable prac-
ice Of putting one-fourth of all premi-
inns in his pocket and charging the
'ull premium up to the estates OF his
wards; but the learned justice pen
alizes Fenning by cutting off one:half
)f his commission, reducing them
from 10 per cent to S per cent. and
requiring him to pay back to the es-
Lates but One-fourth of one Of seven
premiums I'm which Fenning had de-
the estate of this one man.
Tho difference between the auditor,
therefore, ard the learned justice is
merely difference in the view that
each takes rs to the degree of moral
turpitude Of the said Fenning. No
where does the learned justice suggest
the repayment by Fenning Of unlawful
premiums taken in the hundreds OF
other cases filed in his court in
stream and continuously for the past
20 Yeara Or renllire the id