Evening star., 1926-05-24

into the company since he took the
! oath of office last June.
| What's the purpose Of that?" ask
| ed Representative Hersey, Republi
can, of Maine, who, although not a
| member of the special committee. is
| privileged to participate in the hear
| ings.
| replied Mr.. Blanton.
| "Is it to show that Mr.. Fenning had
! q connection with the bonding com
paiy? Do you claim he has no right
! to do business on the outside while
Commissioner"
NO" replied Mr.. Blanton, hesi.
tatingly, but under the Magruder VS..
| Drury decision of the United States
Supreme Court he has no right to
| make a penny from the estates of his
wards even though they are not the
loser"
Blanton Fails to Answer.
do you claim any business done
outside of hts duties as Commissioner
is illegal?" pursued Mr.. Hersey, and
without answering, Mr.. Blanton be-
gan to read from the Supreme Court
decision.
Mr.. Hogan requested that Mr..
Blanton be instructed to state the
facts in his case and argue the law
later Chairman Dyer declared it
was more the fault of the committee
members in asking Mr.. Blanton for
his opinion, which, however, they
have a right to do.
The entire legal papers in the
probate case of Isaac T. Fellows. a
ward of Mr.. Fenning, who died in ST.
EliZabeth's Hospital, were introduced
p1oy yafn IN C.iI
was to show that the mans step
mother had employed Mr.. Fenning to
file claim against the estate, that
the claim later was proved to be
fraudulent and the money reverted to
the District. Mr.. Hogan denied the
facts as stated, saying the District
Commissioners decided to oppose the
claim of the woman and when this
was done. the claim was withdrawn.
Mr.. Blanton said the papers showed
Mr.. Fenning acted as attorney for the
woman.
That phase of the matter which re-
quired publication of the fact the will
Of Fellows was to be probated was at
tackled by Mr.. Blanton, who charged
Mr.. F'enning had the fact published
in The Evening Star and the Wash.
ington Law Reporter, whereas the
parties concerned lived in New York
He declared such publication should
have been made In New York news
papers as well.
Bennett Case Cited.
Following the discussion with Mr..
German on the scope of the resolu-
ton, Mr.. Blanton dug into his papers
and said: I'm the case Of Henry B.
Us this a new case?" asked Mr..
Hersey.
Yes" Mr.. Hogan replied. answer
ing for Mr.. Blanton. The Texas Rep
resentative then declared Mr. Fenning
filed a petition for Benefits nephew
to have him declared of unsound
mind. The man had an estate of
100000. he added. and when Wilton
j. Lambert, prominent Washington
attorney, became interested in it. the
petition was withdrawn.
Whats wrong in the case:" asked
Mr.. German
I'm going to let Mr.. Lambert and
tell You that" replied Mr.. Blanton
'"rhe man was of sound mind and
they were going to put him in a luna
tic asylum"
There's nothing about a lunatic
asylum in that petition" interrupted
Mr.. Hogan.
Mr.. Blanton picked up the summons
issued to Bennett, which commanded
him to appear in court Ito show cause
why you should not be adjudged of
unsOund mind"
Berg Case Brought Up.
The case of Philip Berg then was
discussed by Mr.. Blanton. He took up
oo nj in hn if,
ton, all Of which has thoroughly been
discussed by him before the Gibson
committee. The facts as Mr.. Blanton
interprets them are that Mr.. Fenning
as committee for the man. who was in
st. EliZabeth's, petitioned the court to
allow him to make a will. This was
subsequently done, and the mans
mother was disinherited. Mr.. Fen
ming in the petition set forth he be-
lieved the woman to be Of immoral
character.
What is your claim" asked Mr..
Hersey, twas he sane or insane?"
He was insane, but his mother was
good woman as ] will have wit
nesses here tell you"
do you want this committee to
sit in judgment of the character of
the mother?" asked the Maine Rep
resentative.
Asks for Aid.
NO" replied Mr.. Blanton, "but to
sit on the kind of fiduciary who ap-
peared in court and asked that a
lunatic be allowed to make a will"
The committee questioned Mr.. Blanton
closely on the question of whether
Berg had been adjudged sane before
the will was made, but was told en-
phaticically that the man died three
months later in the hospital without
such adjudication. The will, which
bequeathed the estate to Berg's
brothers and sisters, now is being con-
tested in Connecticut court.
Mr.. Blanton suggested to the COM
mittee that it employ an attorney to
assist in the conduct of the case, ex-
planning he didn't feel equal to the
task of performing all the work." No
at that time.
Cites Attack on Congress.
Verbal attacks upon Congress by w.
w. MILAN and Frank ]. Hogan, attor-
neys for Commissioner Fenning, were
called to the attention of the House
on the floor later by Mr.. Blanton.
Mr.. Blanton told the House that the
auditors of the Supreme Court had
held that one Of the present Commits
sioners had deceived the auditor in
court in not divulging that he had
been deducting from estates intrusted
to him as guardian a 25 per cent COM
mission on purchase of sureties, and
said that Mr.. Fenning had continually
taken fees from his wards estates for
a number of years without the auditor
being informed. He said that Auditor
Davis had cited the Supreme Court
decision in the Magruder VS.. Drury
case.
Mr.. Blanton then called attention
of the House that Mr. MILAN. head