Evening star., 1926-06-11

| referred TO, we proceeded to lfr~~--TT-
gate some OF these charges, but be
fore completion the House, acting
upon specific impeachment charges,
| authorized the House committee on
| judiciary to proceed with an investi-
! cation to determine if articles of i'm
peachment against Commissioner Fen
| ming should be presented to the Sen
ate as provided by the Constit alton
! OF the United States. The subcOm-
mittee thereupon deSiSted from further
| investigation of the charges against
| the commissioner, except as to phases
partially covered in order to complete
the record of the proceedings.
However, our inquiry concerning
Mr. Fenning did, in our opinion, dis
close conditions requiring the atten-
ton of Congress. The code of laws
Of the District of Columbia relating
to the guardians of infants provides
for the appointment of guardians of
persons and guardians of estates by
the Probate Court and fixes the com
mission to be paid to the guardian
mot exceeding 10 per centum OF the
principal of the personal estate and
on the annual income of the estate
There is no limit to the number of
guardanships to which one person
may be appointed.
THE code, in the sections relating
to non CompoS mentis persons pro-
vides that the Supreme Court of the
District, acting in equity. has full pow
er to appoint committees or trustees
to look after the estates of such per
sons, but is silent as to the fees that
may be allowed to a committee or
trustee. No limit is placed as to the
number of lunatics for whom a com
mittee may act.
4J0 Cases Handled
The testimony before the subcom-
mittee shows that Mr.. Fenning was
formerly clerk in the Bureau of
Pensions. He left that position about
1898 to practice law, made speciality
Of lunacy and guardianship cases and
has been appointed as a committee Of
guardian for about 450 wards, aside
from World War veteran cases, from
1898 to 1925
'St. Elizabeths Hospital is a Gov
ernment institution for the insane
Patients from all sections of the coun-
try are sent TO it for treatment by
various Government departments.
Nine hundred and forty-three veterans
of the World War are inmates.
Nearly all are entitled to and receive
compensation through the Veterans
Bureau. We find that Mr. E'enning,
at the time the report was made to
US, was serving as q committee for
SO inmates; that he has also served
in that capacity for "A. from which
he had been discharged by reason of
the death of the ward. or appointment
of others as committee. Aside from
these cases he is acting for several
other dependents of the bureau.
From 1919 to 1925. inclusive. he re-
ceiVed as fees from the 90 and the "A
cases herein referred to the sum OF
SSS,001.29. In addition, he was re-
ceiving an income of several thousand
dollars annually as fees in other cases
in which he was acting. Mr.. Fenning
was appointed a Commissioner Of the
District of Columbia June ), 1925.
"A bond is required Of the com.
mittee by the court in each and every
case. Mr.. F'enning had himself APP
pointed as agent of certain bonding
companies and bonded himself as
committee in said companies, paying
out of the funds of his ward an
annual premium. of which he received
% per cent as a commission as an
agent for said companies.
Says Visits Required.
MI cItiIIIlS, as committee, visited
st. EliZabeth's about once in two
weeks and saw some of his wards.
These wards were of the class who
needed the kind and considerate CO.
operation and sympathy of their COM
mittee. They are wrecks of the storm
Of war. An unmistaka BILE duty rests
upon every one charged with their
care to give their every need sympa-
thetic attention. The duty requires
personal service to the ward, not
service that means financial return
to the committee. The actuati
motive of the committee should be to
render that service for the sake of
helping the unfortunate, not for the
purpose of gain.
1T is apparent that Commissioner
Fenning was not actuated by such
motives, but sought this class of
cases; and he built up a lucrative
business therein.
THE subcommittee Is satisfied that
In that class of cases a committee
cannot look after more than five
wards, unless it be trust company