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

ming, accused in ARTICLES of impeach-
ment" by a member Of the House OF
Representatives in thirty-four counts,
has been given fair trial by the judi
ciary committee of the House. which
has now reported, after painstaking
consideration of the evidence.
A majority of the Judiciary commit
tee finds that the Commissioner is not
a Federal officer, within the meaning
of the law which renders such officers
subject to impeachment by Congress.
1t likewise finds that even If he were
a Federal officer, and therefore sub
ject to impeachment, there is no evil
dence of conduct rendering him liable
to formal accusation by the House.
for trial by the Senate. Thus, in the
judgment of a majority of the COM
mittee, the charges brought against
the Commissioner have failed.
But the committee at the same time
declares its disapproval of certain Of
the practices Of the Commissioner in
his capacity as attorney and guardian
for his charges, mentally afflicted
former soldiers, now in the keeping of
the Government. 1t condemns par
ticularly his taking of additional fees
in the form of commissions on the
bonds issued by himself as agent to
safeguard the interests of his clients
or wards. 1t condemns likewise the
practice of wholesale guardianships,
and of close association with hospital
authorities to secure such practice.
Commissioner Fenning, therefore. in
the judgment of the judiciary commit
tee. while he is not in his official ca
pacity subject to impeachment. and is
not guilty of any Improbable offense
even though he were so subject, has
engaged in a practice which cannot
be accepted as ethical, a practice. in
the language Of the committees re-
port, which cannot be too severely
criticized and condemned"
This practice has continued for a
long period. 1t began before Mr.. Fen
ming became District Commissioner,
and it was maintained after his ap-
pointment to and acceptance Of that
Office. Usage, however, does not. in
the judgment of the committee. JUS.
tify it, and other methods are pro-
posed to replace it in the future.
There is nothing legally wrong, says
the committee, in an attorney taking
such cases by the wholesale, but the
practice is undesirable and should be
broken up by prohibition and numeri-
cal limitation. Whether this will lead
to a better care of the unfortunates,
to a more scrupulous safeguarding of
their interests, to q Surer protection
of their welfare, is uncertain. Preju-
dice has been aroused against this
mode of guardianship, and it has al
ready been prohibited in legislation
enacted in anticipation of the COM
mittee's report
Regarding the committees findings,
there will be but little difference Of
opinion in this community, whatever
differences may arise in Congress,
where the question has been subject
ed to heated acrimonious discussion.
On the score Of the character OF the
Office there should be no dispute, In
view of the plain letter of the law and
the numerous and virtually unvary-
ing interpretations put upon 1t by jul
dicial and legal authorities. The COM
missionership is not a Federal, but Is
a municipal office, and its holder can
not be impeached and tried by Con-
gress. Any other conclusion would be
intolerable. The President is at all
times available to safeguard the pub
lie interest.
On the score of the alleged criminal
fty of conduct on the part of the ac-
cused Commissioner there has not
been at any stage of the case any SUBJ
stantial ground for belief. The clos
est approach to illegal procedure was
in the matter of the taking Of COM
missions on bonds, practice which
seemed to have some technical justi-
fication, but which has now been de-
c,ared by judicial decision to be I'M
proper.
II Is evident that in the judgment
of even those who hold that the Com
missioner has not been guilty of i'm
peachable offenses, he has engaged in
a practice that offends the sensibili-
ties. a practice that arouses doubt
m the score of ethics, a practice that,
while scrupulously performed for the
safeguarding of the estates Of the
wards, nevertheless exacted the ut
most possible of return, practice
that offended against the sentiment of
the people for the unfortunates whom
the war left in a state of mental
unbalance.
In all the circumstances, Commits
sioner Fenning, having been cleared
of all criminal charges, having been
sations upon which his punishment
was demanded, should now recognize
the fact that these accusations and
this trial before committee have i'm
haired his usefulness as a public Of
ficer. He has been at the same time
acquitted and condemned. He may
not be impeached. He should, how.
ever, resign the Office which he holds
That course would be for his own
benefit, for his peace of mind. for the
relief of the President from embar-
rassment, and for the relief of the
-