Evening star. [volume] (Washington, D.C.) 1854-1972, 1926-07-06

The Department OF JuSuce was
asked by the President some time ago
for a report upon the Fenning case
with view to advising the Executive
both as to the right Of the Commis-
sioner ID occupy his posi- under the
law and other considerations which
the Department of Justice might con-.
sider pertinent. Evidently President
Coolidge has not as yet received the
formal report from the Department OF
Justice.
Had Planned TO Stay.
The statement made on the Fen
ming matter from the White House
today, however, follows by three days
Commissioner Jennings declaration
that he had "no intention of resign
ing"
Commissioner Fenning at that time
stated that he had been fighting
with his hack to the WALL during
the long attack on him during the
last session OF Congress, and now
that he had been exonerated on the
tcharges OF impeachment preferred
aRainst him by Mr.. Blanton he saw
no occasion for him to step out.
Status in Doubt.
The otssstion that arose immediate
". therefore, in the minds OF those
who have been following the Fenning
case was whether the Commissioners
would resign voluntarily, as the state
nent from the White House today
indicates the President expected MIN
to do, or whether he would require
formal action in the way OF request
from the President that he take TINS
step.
one of the legal questions involved
In connection with this situation was
that the judiciary committee has ruled
a District Commissioner is not FED
erai officer and therefore unimpeach-
able by Congress If this interpreta-
ton of his status is correct, the ques-
ton was whether he occupies office
under the tenure of off1ceS provision,
which makes his removal, except Tor
misconduct, impossible. The allega-
lions Of misconduct have evidently
failed to hold up under the rigid in
vestigation by the judiciary commit.
tee.
The only statement ever made con-
cefninr the Department of Justices
part in the case was when White
House spokesman declared that the
President had asked the department
TO keep an eye on the legal aspects OF
the case ana To Il1ktl VI tAAJ SAS-
velopments Of Importance.
At the same time, when the judi
Diary committee made its report last
Il week It was stated that the report had
been given to the Department of
Justice Immediately and that Attorney
General Sargent had taken 1t to the
white House. This was denied at the
White House at that time, however,
and again today. Nothing has ever
been said at the Department OF
Justice to indicate the nature OF the
report or the progress made In draw
Ang 1t up.
Is Months Of Rough Road.
Commissioner Fenning has been in
once q little more than 1S months.
but during that time he has had
a rough road to travel. seldom has
District Commissioner been the
target of so much criticism as has
marked the administration Of Mr..
Fenning.
Mr.. Fenning was sworn into once
as Commissioner by Chief Justice
walter I. Mccoy. q personal friend.
at 10 o'clock Friday morning June
5, 1925. Previously he had been
summoned to the White House at 9
! o'clock one night and asked Il he.
would accept the office. He consented
and the next day conferred further
with the President before his ap-
pointment was definitely announced.
Mr.. Jennings appointment and
advent into Office Awas hailed with
rejoicing by many prominent indi-
viduals and organizations throughout
the District, largely on the ground
that he was a native Washing
and had been interested in local
affairs throughout his life long resi-
dence here.
His own attitude toward the Dis
trict was voiced in these words at the
time Of his appointment:
Ny hope for Washington Is that
jt-wiu alwavz -hat . citE OF WhiEhSall