Evening star. [volume] (Washington, D.C.) 1854-1972, 1926-07-02


his oath and the law by violating the
provisions of Section 5498 of the Re
viSed Statutes Of the United States,
| in that he acted as attorney and re-
ceiVed fees and commissions in viola
| ton of such law, the penalty pre-
scribed for such violation being a fine
| of not more than 5000 and imprison-
ment for not more than one year
Section 549S of the Revised Stat
utes of the United States:
Every officer of the United States,
or person holding any place of trust
or profit. or discharging any official
function under or in connection with
any executive department of the Gov
eminent of the United States, or I'M
der the Senate or House of Represent
atives of the United States. who acts
as an agent or attorney for prescott
ing any claim against the United
States. or in any manner or by any
means, otherwise than in the dis
charge of his proper official duties,
aids or assists in the proecution or
support of any such claims, or re
ceives any gratuity or any share of
or interest in any claim from any
claimant against the United States
with intent to aid or assist. or in con-
sideration of having aided or assisted,
in the prosecution of such claim. shall
pay fine OF not more than SIS. 900
or suffer Imprisonment of not more
than one year, or both
There is no evidence of a viola
ton of the above section.
"A Commissioner of the District of
Columbia is not forbidden to practice
law. There is no evidence that Mr.
Fenning acted as attorney in prescott
ing any claim against the United
States.
See Rogers testimony. page 80.
See Jennings testimony, page 1855.
Charge No. 2.
81 charge that the said Frederick
A. Fenning has violated the provisions
of section 500 of title V of the World
War veterans act Of 1924 as amended
by the act of March 4, 1925, which
provides that respecting compensation
and insurance claims filed in said
United States Veterans Bureau for
adjudication and not prosecuted in
courts no attorney shall receive fee
of more than $40 in any one case, the
penalty prescribed for its violation
being a fine of not more than $500 and
Imprisonment at hard. labor for not
more than two years
Section 500 of title V of the World
War Veterans act Of 1924, as amend
ed by the act OF March 4, 1925:
Sec. 500. Except IN the event of
legal proceedings under section 10,
=, of title l of this act, no claim agent or
attorney except the recognized repre-
sentatives of the American Red Cross,
the American Legion, the Disabled
American Veterans and the Veterans
OF Foreign Wars, and such other or
CARNATIONS as shall be approved by
the director shall be recognized in the
presentation or adjudication of claims
under titles II, III and " of this act,
and payment to any attorney or agent
for such assistance as may be required
in the preparation and execution of
the necessary papers in any applica-
ton to the bureau shall not exceed $40
in any one case: Provided, however,
That whenever judgment or decree
shall be rendered in an action brought
pursuant to section 10 of title l of
this act, the court. as part of it's judg-
ment or decree. shall determine and
allow reasonable fees for the attor-
neys Of the successful party or parties
and apportion same, if proper, said
fees not to exceed 10 per centum of
the amount recovered and to be paid
be made under the judgment or decree
at rate not exceeding one-tenth of
each of such payments until paid. Any
person who shall. directly or indirect
ly, solicit, contract for, charge or re-
ceive. or who shall attempt to solicit,
contract for, charge or receive. any
fee or compensation, except as herein
provided, shall be guilty of a misde-
meanor, and for each and every of
Tense shall be punishable by a fine of
not more than $500 or by 'imprison-
ment at hard labor for not more than
two years, or by both such fine and
imprisonment
There is no evidence of violation
of this section.
Charge No. 3.
~ charge that the said Frederick
A. Fenning has violated the law and
the rules of practice of the Supreme
Court Of the District of Columbia.
which prohibit any committee or
guardian for a lunatic receiving as
compensation more than 10 per cent
OF his wards estate or annual income,
in that the said Frederick A. Fen.
ming in several cases wherein he is
committee or guardian has received
exorbitant remuneration, ranging from
II per cent to as high as ga per cent
which facts are certified to by the
auditor Of the Supreme Court of the
District Of Columbia
Article 1875, Code Of Laws of the
District Of Columbia, chapter 81:
1t shall be the duty of the
guardian to manage the estate for
the best interests of the ward, and
once in each year, or oftener if re-
quired. he shall settle an account of
his trust under oath. He shall ac-
count for all profit and increase of
his wards estate and the annual value
thereof and shall be allowed credit for
taxes. repairs, improvements, eX-
penSes and commissions not exceed
ing 10 per cent of the principal of
the personal estate and on the annual
income of the estate, and shall not be
answerable for any loss or decrea Sc
sustained without his fault; and the
court shall determine the amount to
be annually expended in the main
tenance and education of the infant,
regard being had to his future condi-
ton and prospects in life; and the
court, if it shall deem it advantageous
to the ward, may allow the guardian
to exceed the income of the estate
and to make use of the principal and
sell the same or part thereof, under
its order. as hereinbefore provided in
subchapter 3 of chapter /: and no
guardian shall sell any property of
his ward without an order Of the court
previously had therefor
The above article 1875, chapter 81,
does not apply to the case of a com
nittee. The authority of the court to
appoint a committee of a lunatic is
set forth in sections 115-A to 115-C,
inclusive, of the code of the District
of Columbia We do not find in thiS
however. or any law, that which linn
it's the compensation of the committee
of a lunatic as to the commission that
the court may allow.
''See exhibit Is, report Of auditor of
Supreme Court, page 406.
''In his eXplicative the auditor says,
Commissions in excess Of 10 per cent