Evening star., 1926-06-14

Adolph Adler case last week by Jus.
| tice Siddons, in the District Supreme
Court. to show that Mr.. Fenning was
not guilty of any criminal actions or
fraud.
Jennings Record Cited.
"Mr. Fenning," says the brief, for
nearly a quarter of a century prior
to his appointment as Commissioners
Of the District of Columbia devoted
himself to the business of acting as
committee Of persons who had been In
due course of law adjudged to be In
competent to manage their property.
The law requires that a bond be
given in every such case. The court
in each case fixed the amount of the
bond. Mr.. Fenning was a duly H.
censed agent of bonding company.
| which in turn was certified to the
court, pursuant to provisions of the
law in that regard. as equally accept
able with every other bonding con-
pany so certified. Mr.. Jennings H.
cense was a matter Of public record
| tsee testimony of the witness Bald
VIM. The license issued to such an
agent or solicitor of a surety or bond
| ing company is precisely the same as
| that issued to agents or solicitors OF
all kinds Of insurance companies and
! is termed an insurance solicitors H.
cense.' (See the license itself in the
| record)
THE surety company issued powers
Of attorney for the execution of bonds
| running to Mr.. Fenning and his sec
retary, Helen A. Losano. and these
powers Of attorney were filed in the
office of the clerk of the court and in
the office of the courts register of
! Wills and in addition to being filed
were recorded in the record books kept
in those Offices for that purpose (see
testimony of the witnesses Buhrman
and CogswelD. There is no competi-
ton in the District of Columbia be-
tween surety companies in the matter
of rates; all rates are known as con-
| ference rates, and the same rates are
charged by all of the companies whose
bonds are acceptable under the law.
| The court has no discretion or power
to approve bond of one certified com
pany and disapproVe the bond OF an
other certified company. Under the
| terms Of his contract with the surety
company Mr.. Fenning was entitled TO
a commission of 25 per cent on the
premium of each bond written by his
Office. He paid in each case to the
company which he represented the
premium which that company and
| every blHeT COMPANY CIdI Stu III Sutfi
case. He received monthly the agreed
| commission. He did not until recently
| bring to the attention of the auditor
| or justices of the court the fact that
| he received this commission, as it
never occurred to him that his right
! thereto was subject to question tsee
| Mr.. Jennings testimony in response
| to questions propounded by Repre-
sentative Tucker). Whenever there
arose in his mind any question regard
| ing his right to commissions. etc, he
| did bring the question to the attention
| of the court and abided its decision.
| Mr.. Fenning construed the pro
! visions of section 65 Code 4. d. c., pro-
| hibiting rebates. direct or indirect, by
way of commission and otherwise, to
| unlicensed persons, as applicable so
! as TO prohibit his commissions as a
| surety company being rebated TO the
| unlicensed wards. His counsel con.
| tended for the correctness of this in
! depreciation of section 654 before the
| auditor and the presiding justice of
| the District Court. At q hearing be-
! fore the auditor of the court May s
| in the Adler case Mr.. Fenning teSti-
| fed in substance as he testified be-
| fore this committee on this subject,
| and he stated there, as he stated
here in answer to a question pro-
pounded by Mr.. German. as follows:
Position Is Stated.
%. want to go back to the
| previous question. whether you are
| willing to give the estate the benefit
| of that commission If you are per
| mitted to do so?
"a. If lawfully can do so.
q. If you lawfully can, YOU are
| willing to do it?
"A. My answer is that this entire
! estate Is in the custody of the Su.
preme Court of the District of Column
! hia. I. as committee. am acting AS an
| arm of that court. | have always.
| for 25 years. obeyed and instruction
| or order Of that court, and most GER
tainly in a case in which ! am acting
as an arm OF the court. under an
order of the court for the handling OF
an estate in the custody of the court,
| shall Immediately and without ques-
| ton comply with any order that the
court may make. l have heard that