Evening star., 1926-05-02
SONS COURT POST AND FENNINC
FEE UPHELD BY JUSTICE MCCOY

| ing anything about the questions In
volved, Justice Mccoy replied:
What ] had before me was the
appointment Of someone to collect
claims which did not and would not
exceed $4,000" He called attention
to the fact that the decree in this
case carried out what he had said
Answering questions, Justice MCCOY
feelingly replied, II could have taken
that $1,400,000 out of the hanks and
turned it over to my friend Mr.
Fenning If had wanted to prostitute
my office. AS far as am concerned
1 acted honestly and uprightiy and
not one attorney connected with the
case or any one who knows the
facts can say that I did not.
Justice Mccoy apologiZed for haV
ing become excited and said he was
sorry"
Integrity Not Attacked.
IT am here, and if there is anything
I know that you want to know l Will
tell you," he assured the committee
Asked by Mr.. Gilbert "Why did you
appoint Fenning?" he answered, Be
cause under my oath l believed he
was trustworthy"
Mr.. Gilbert wanted to know If, In
view of the fact that there was oppo'
sition by one side, it would not have
been more equitable to have appointed
some one. as receiver on whom attor-
neys in the case were agreed. Justice
Mccoy said, II acted in my judicial
capacity. If word had been asked
about Mr.. Jennings integrity / would
have stopped It,"
Mr.. Gilbert then read into the rec.
ord an extract from the court papers
quoting the very vigorous opposition
by Mr.. O'Donoghue as an attorney In
the case against Mr.. Jennings ap-
pointment.
Mr.. Blanton told Justice Mccoy,
You don't realize the number of com
plants against the court that are
coming to us from lawyers Of the
highest standing"
Has Nothing to Conceal.
Justice Mccoy said. "You are here
to find the facts. I want to help you.
There is nothing I want to conceal.
/ have nothing to conceal. I am here
under great stress. Do not assume
IL l get nervous and excited that l
am antagonistic to the committee. 1t
Is my disposition. I am here in a
sense under charges, conscious that
have done no wrong"
Mr., Gilbert then said, Don't you
think 1t would have been better to
have called in Mr.. O'Donoghue In view
Of his vigorous opposition to the ap'
pointment of Mr.. Fenning?" Justice
Mccoy said, Il did what did because
as far as l could see all he had to do
was to collect on some small suite and
1 thought Mr.. Fenning responsible.
II l had said, No, I'll not appoint
- xx-n,y16 hoVa hnan az
liberty to say that 1 was yellow"
Mr.. Gilbert then pointed out that
In the English Impeachment case one
Of the most insistent complaints was
that Judge English lacked judicial
temperament and appointed his friend
Thomas to many receiVershlpS. AS
impeachment against Mr.. F'enning Is
pending I want to see If there Is any
analogy in this case" said Mr.. Gill
bert.
Representative Houston said, Jus.
tice Mccoy had a perfect right to ap-
point any one he wanted to-"
Mr.. Gilbert answered.: "He may
have had legal right, but I am ques.
tioning whether 1t was proper prac-
tice in view of the protest Of the at.
torney for one side of the litigation"
Specific Cases Cited.
Mr.. Blanton tried to show Justice
Mccoy what is in the minds of the
committee" by citing that charges
against Mr.. Fenning had been made
in the District court for years, and
he cited certain specific cases. Justice
Mccoy said he never heard Of any
suits against Mr.. Fenning. comment.
ing. II knew nothing about anything
Of the kind"
Mr.. Gilbert again called attention to
the report Of the Bar Association
against the judges and court practice
and said that Sin order to get the best
results in the administration Of JUS
tice the bench and bar should cooper.
ate. If the bench Is tyrannical and in
dicates lack Of confidence in the bar
as Is charged in this report, it Is not
for the best administration Of justice
and not conducive to cordiality.'
Then he asked: Lack Of cordiality
and confidence does exist, doesn't it?''
Justice Mccoy made the statement.
THAT communication was addressed
to the judges Of the court. Before
that report was made to the Bar AS.
ISOLATION no suggestion was made to
the court. We felt about that report
that we were being tried and con.
victed without a hearing. There were
things we could have explained"
Discusses One Charge.
He then discussed one charge in this
report, which read as follows:
THE frequent changes in the rules
Of practice made by the court without
suggestion from or consultation with
the bar are felt by not a few of its
members to involve a spirit Of regu-
lation and to imply a judgment of the
personnel of the bar not conducive to
the making or maintenance of the
cordially or professional brotherhood
between bench and bar which has al
ways been one of the most cherished
traditions of the profession. That at
torneys as well as judges are officers
of the court and ministers of the
justice which it Is the function Of
courts to administer is a commonplace
which ought never to have another
character, and any attitude Of either
bench or bar out Of harmony with
this conception cannot fail to put a
distance between the two sets Of the
ministers Of justice and impair its
harmonious and effective administra-
ton"
Justice Mccoy said that he believed
the reference to frequent changes in
the rules" referred to rule 62 in re-
gard to the appointment of guardians
ad Item. He read this rule, as fol-
lows:
mo person shall be appointed
guardian ad Item either on the appli'
cation of the infant or otherwise If he
have any interest adverse to that OF
the infant or be connected in business
with the attorney or counsel of an ad.
verse party. No person shall be ap-
pointed guardian ad Item who is nom
mated by the adverse party.
Selection Is Limited.
Except for special cause shown, no
person other than a member of the
bar of this court or the general
guardian of an infant shall be ap.
pointed guardian ad Item. The court