Evening star., 1926-05-04
Judiciary Body Approves
BIanton Resolution of
Investigation.
HOLDS SUFFICIENT CASE
HAS BEEN ESTABLISHED
Would Be Empowered to Summon
Witnesses, Power Other
Groups Lacked.

Fenning. District Commissioner. with
the recommendation that it be passed.
Chairman Graham of the Judiciary
committee reported that the commit
tee believes a sufficient prima facie
case has been made TO justify such
action by the House. Mr.. Graham
was instructed to make this report
at an executive session of the COM
mittee this morning.
The duty of the judiciary commit
tee in this case, if the resolution
passes. will be to determine whether
Mr.. t'enning should be impeached
by the House as a Federal official
for high crimes and misdemeanors"
III office.
Empowered to Investigate.
The text of the resolution follows:
Resolved, That the committee on
the judiciary be, and IL Is hereby, dl-
rected to inquire and report whether
The action OF this House is necessary
concerning the alleged official miscon-
duct of Frederick A. Fenning, Com
missioner of the District of Columbia,
and said committee on the judiciary is
in all things hereby fully authorized
and empowered to investigate all acts
of misconduct and report to the
House whether in their opinion the
said Frederick A. FenninS has been
guilty of any acts which, in the con-
temptation of the Constitution, the
statute laws and the precedents OF
Congress, are high crimes and misde-
meanors requiring the interposition of
the constitutional powers of this
House, and for which he should he
impeaChed.
THAT this committee is hereby au-
thoriZed and empowered to send for
persons and papers, to administer
oaths, to employ, il necessary, an ad'
ditional clerk, and to appoint and SEND
a subcommittee whenever and Wher-
ever necessary to take necessary testl-
mony for the use of said committee
or subcommittee, which shall have the
same power in respect to obtaining
testimony as exercised and Is hereby
given to said committee on the judici-
airy.
That the expenses incurred by this
investigation shall be paid out of the
contingent fund of the House. updn
the vouchers of the chairman of said
committee. approved by the clerk of
tho House."
This resolution was introduced in the
House on April 10. 1925.
This resolution gives the Judiciary
committee the power which the vet
erans' committee and the Gibson sub
committee OF the House District com.
mittee have lacked. They have not
been able to compel Mr.. Fenning or
any other witness to testify except
voluntarily. This resolution would
put the power and authority of Con.
gress behind the judiciary committee
or its subcommittee in compelling Mr..
Fenning and all other witnesses to
testify fully.
Members of the House judiciary
committee follow: Republicans-Repre-
sentatives Graham, Pennsylvania, chair.
man; Dyer of .ssouri. Boies of Iowa,
Christopherson of South Dakota. Yates
of Illinois, Hersey Of Maine, Niche
ner of Michigan, Hickey Of Indiana.
Perlman of New York. kurtz of Penn
sylvania, Moore of Ohio. German of
Illinois, Stobbs Of Massachusetts and
Strother of West Virginia.
Democrats on Committee.
ts-Representatives Sum
ners of Texas. Montague of Virginia.
Tillman of Arkansas, Dominick of
South Carolina. Major of Missouri,
Weller of New York, Bowling of Ala
bama, Weaver of North Carolina and
Tucker of Virginia.
While the judiciary committee was
considering the Blanton resolution in
executive session today, renewed de-
mands that Commissioner Fenning be
forced to submit himself to question
ing were made at a stormy session of
the House veterans committee.
The opportunity for heated discussion
surrounding the Commissioner de-
sired presence was given by represent.
ative Bulwinkle, DemoCrar, North
Carolina, who, at the outset Of the
meeting, announced he had not yet in.
troduced the resolution he was in.
structed to do yesterday, asking the
House for permission to subpoena Mr..
Fenning. Mr.. Bulwinkle was ordered
to make this request after Chairman
johnson, Republican, South Dakota,
refused to present the resolution.
Left up to Chairman.
II didn't introduce that resolution
Yesterday" MIR. Bulwinkle said to the
chair, because l realize that you are
chairman of the committee and want
to ask YOU to request Mr.. Fenning
to come back. l think l asked MIR.
Fenning directly the question you
will be back Monday and he said
yes l felt that the minority mem.
bers of the committee were entitled
to the courtesy of the chairman"
"It was the chairman's. intention
to have Mr.. Fenning be present
yesterday" explained Mr.. johnson:
But the chairman has no control
over his actions and he has deemed
that under the rules of the House.
Mr.. Fenning is entirely within his
legal rights of refusing to appear un-
less a resolution is passed by the
House, giving this committee the
special powers to subpoena and to
punish witnesses that are given TO
the select committees.
THE Chair learned since yesterday
that the judiciary committee will at
once take full and complete charge
of the Fenning matter. Because OF
the powers given that committee,
they will enter into each and every
phase of the question affecting the
acts of Commissioner Fenning as
guardian. have no desire to as
sist or protect Fenning. It's ques.
ton as to whether this committee can
sit as grand jury when the judiciary
committee will be sitting as a trial
jury"
Mr.. Bulwinkle declared he wanted
to be put on record as saying that he
believed the majority of the commit.
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