Evening star., 1926-03-25
FENN|NG PRACTICE
0. K. D BY COOLIDGE;
PRECEDENTS CITED
President Knew of Private
Business and Saw No Bar
to Continuation.
LAWYERS IN CONGRESS
GIVEN AS EXAMPLES
Other District Commissioners Have
Retained Their Unofficial
Establishments.
BY J. RUSSELL YOUNG.

When President Coolidge appointed
Frederick a. F'enning to succeed Capt.
Oyster as Commissioner of the Dis
trict he was fully aware of the nature
OF Mr.. Jennings Law practice and had
no objection to his continuing it.
AS is his custom in making appoint
ments of more or less important
nature, President Coolidge went very
thoroughly into Mr.. Jennings rec
ord and the nature of his practice in
this city. The writer has been au.
thoritatively told that day or so be.
fore the President announced that he
had selected Mr.. F'enning for the va.
cancy on the Board of Commissioners
he sent for him to come to the White
House. and for nearly two hours they
conferred in the Presidents private
study. During this time the President
did most of the talking. He asked a
number of questions, and when he
was through made known that he was
thoroughly satisfied that Mr.. FenninS
was of the type and caliber that he
was looking for in the man TO appoint
TO this place.
From an unquestionable source it
was made known to the writer that
Mr. Fenning while answering the
Presidents questions about himself,
very frankly told him of his handling
the So-called lunacy cases and that
the latter agreed to accept the ap-
pontment with the understanding that
he would continue this work. The
President was represented as having
no objection.
At the time Mr.. Jennings appoint.
Ho
public statement in which he said
with other things, that he intended
to continue his law ONCE in the Evans
Building. Although he has looked aft
er his personal business since becom.
ing Commissioner, il is known that
he has accepted only two new lunacy
cases since his appointment.
Private Business Not Banned.
Although President Coolidge is rep.
resented as not being in the least dis
turbed by the present fight directed
against Commissioner Fenning by
members of Congress because of his
being the legal guardian of number
of mentally incompetent World War
veterans. those who know him well
feel very certain that he will support
the Commissioner if developments
make il necessary.
1t has been pointel out that nunler
Gus predecessors of Commissioner Fen
ming have continued to conduct their
private business while serving as
Commissioners and nothing was said
about it at the time. Also, it was
pointed out by one of the Presidents
associates today. there is nothing in
the law covering the appointment of
District Commissioners that prohibits
an appointee from engaging in private
business. The only prohibitory fea-
ture of the law is regarding the three
year legal residence In the District
prior to appointment and the law Gre
ating the Utilities Commission. upon
which the Commissioners serve. which
prohibits any member or member Of
his family TO own securities in public
utility corporations.
Precedents Are Cited
Regarding the conduct of private
business by former Commissioners, IL
was pointed out TO the writer that
Capt. Oyster conducted his butter and
egg business up until the time of his
death; that Gwynn Gardiner, who
served as Commissioner during part
Of the Wilson administration. con.
tinued his practice as a lawyer, as did
Justice Siddons. who at the time of
his appointment was a member of the
local bar: that Cuno H. Rudolph,
one of the present Commissioners
continued for period his private
business. Therefore. White House
authorities cannot see where the law
has been violated or where Commits.
sioner Fenning has acted with any
improperly by continuing his legal
work.
1t is claimed also that a Commits.
sioner of the District Of Columbia has
just as much right to give attention
| to his private law practice while In
Office as have members Of Congress
who are lawyers. In this connection,
it is stated that one member of Con.
gress who intends to make a speech
very shortly in defense Of Commits.
sioner Fenning. will call attention to
the fact thai there are more than
10 members of Congress who make
frequent trips back to their home