Evening star., 1926-04-29
FENNING PROBERS' CHAIRMAN
TO PUSH GUARDIANSHIP BILL

bonds that you got commission on!'
demanded Mr.. Bulwinkle.
II have answered It," replied the
witness.
Did you receive commissions for
writing the bonds?"
"You refuse to answer yes or
'no'?"
Il am not going to repeat my testi-
"Mr. Chairman" said Mr.. Bull
Wrinkle, "it's up to you"
Whats up to me?" asked Mr.. Luce.
1--WE have a right to have his re.
fusal go into the record" interrupted
Representative Milligan. Democrat,
Missouri.
This man has asked permission to
come here and answer charges
began Mr.. Rankin when he was In.
terrupted by the witness who said II
challenge that. I came here to give
information"
Representative Jeffers, Democrat.
Alabama, took his first active part
in the hearing today and asked the
witness to tell him about the COM
missions he received on surety bonds.
Il gave a lengthy answer to that
Yesterday" replied the witness. Il
cannot 60 into a duplication OF my
testimony. If you have the testimony,
you can read 1t. I'm taking the posi-
ton 1 am not going to duplicate my
testimony. in the interest OF conserva-
ton Of my time"
Then you refuse to be cross-ex-
amined and to answer any questions
relative to what you testified to yes
terday?" demanded Mr.. Miligan.
Sustains Fennlng Point.
Chairman johnson by this time
was in the chair and in ruling on
the question, said: 1.-THE situation is
this: The resolution under which
this committe is working relates to
bills governing guardianship matters.
The opinion of the chair Is that the
witness is entirely justified in making
that decision. as under the rules OF
the House. there is no authority to
compel any witness to answer any
questions.
THE witness was impeached by the
gentleman from Texas, and the
Charges must be considered by the
judiciary committee. 1t is well
recognized principle of law that no
man can be tried before two courts.
and Investigations into these charges.
under the rules of the House should
be made by the judiciary committee.
1.-THE chairman is entirely satisfied
with the attitude taken by the witness,
as he has a right to protect himself
on matters that will come up before
the judiciary committee"
Mr.. Bulwinkle asked the chairman
to tell him what had been learned.
I'VE learn" said Mr.. Bulwinkle, that
a committee and a Commissioner of
the District Of Columbia writes bonds
n0n On NJ
says he charges a commission for
preparing papers, for professional serv.
ices, and yet he has no idea what
they are worth. Now If the chairman
wants to rule that he cannot answer
these questions. well and good"
''All the chairman Of this committee
can do is interpret the rules Of the
House." said Mr.. johnson. "If this
were a select committee, with power
Of subpoena, and a witness refused
to answer questions, he could go be.
fore the House aid request he be
cited for contempt. But there is no
such resolution under which we are
operating"
Mr.. Milligan declared he wanted the
witness ito either answer or refuse, ,"
and to this end he submitted a motion
that the chairman so instruct Mr..
Fenning. A roll call was had and de.
veloped tie vote Of four on each
side.
Will Appeal to House.
Mr.. Rankin announced that he
would appeal to the floor of the House
that the witness be instructed to an
swer the questions. Mr.. Milligan "in.
terpreted" the action of those voting
against the motion as meaning "they
refuse to go into the facts surrounding
the guardianship Of these insane vet
erans."
Representative Jeffers then asked
the witness IL he collected a commits
sion for writing bonds. adding. "since
1 wasn't here yesterday I hope you
will tell me-"
MY answer is that I decline to go
over my testimony in the interest of
my time." the witness repeated de.
liberately.
Then I deduct that the gentleman
has a right to protect himself" OBJ
served Mr.. Jeffers, but Mr.. Fenning
Shot back II am not standing on any
such right"
Mr.. Jeffers followed this with a
question as to why Mr.. Fenning al
ways arrived at 10 per cent COM
mission when looking at the "com-
posite picture" Of the services rem
dered.
II refer you to the answer made