Evening star. [volume] (Washington, D.C.) 1854-1972, 1926-07-02
8FENN|NG REPORTS,
SIX CR|T|C|z|NG HIM,
BEFORE THE HOUSE
Committee Majority Votes,
However, for Exoneration,
But Rebukes Practice.
SARGENT SEES PRESIDENT
REPORT BELIEVED MADE
Fight Expected to Break Out on
Floor-Commissioner at His
Desk as Usual.


Eight reports from members of the
House judiciary committee on the
case of Commissioner Frederick A.
Fenning were before the House today
one of them. constituting the ma
lor1ty report adopted by vote of IA
to 4, clearing him of any violation of
law as charged in the "a impeachment
articles made against him by Repre-
sentative Thomas l.. Blanton of Texas.
but condemning his practice-and
seven of them representing the views
of nine members who dissent in part
from the opinion Of the majority.
Six of the minority reports are con-
strued as adverse to Mr.. Fenning, the
other one holding the view that the
judiciary committee went beyond it's
function in discussing the case after
deciding that he was not an impeach
able officer.
While the expected fight on the
floor of the House was momentarily
expected to break, Commissioner
Fenning himself came TO work at the
District Building this morning and
transacted his usual duties. He de-
Clined to discuss the case. but in
dicated that he might after he had
read the complete reports.
Attorney General Sargent called on
The President today, and while there
were indications that he took with
nim a report of the whole Fenning
matter for the Presidents considera-
ton, there was no official verification
that he did.
Action by House Unlikely.
While sporadic outbreaks by mem
bers who wish 10 air their views on
the Fenning case still further may
deVelope on the floor of the House,
1t appeared today that the House
leaders contemplate no action by that
body.
Their attitude is that the judiciary
committee has reported that the Dis
trict Commissionership it not an i'm
peachable Office, with comments re-
garding Mr.. Jennings practice, which
do not call for any specific action by
the House.
1t is stated further that the At.
torney General now has the judiciary
committee report and as the chief
law officer Of the Government he has
been closely watching the Fenning
case from its inception, at the re.
quest of the President. The orderly
procedure is for the Attorney General
to make a report with recommenda.
tions to the President and the Presi.
dent will then act as he sees fit.
On the other hand some Demo.
cratic members of the House were
represented today as being insistent
that there must be action by the
HnIICa hofnrA IL
were even hints that there would be a
filibuster in the closing hours of Con.
gress If such demands were not met.
Demands Time for Bill.
When Chairman James of the mill
tary affairs committee tried to call
up the aircraft bill for consideration
today Representative Rankin, Demo
crat, of Mississippi, was on his feet
reserving the right to object and to
ask chairman Graham of the Judi
ciary committee for assurance as to
when an opportunity would be offered
to vote on the Fenning matter.
MIR. Graham stated he did not have
the floor and declined to answer.
whereupon Mr.. Rankin formally OBJ
jected to consideration of the air
craft bill. The House then turned
to other business when Chairman
Smell of the rules committee pre-
sented a special rule for considera-
ton of the judges salary bill.
The parliamentary situation with
regard to the FenninS report was
that it is not privileged and so lies
on the table until called up by the
chairman of the judiciary commit
tee. This the chairman, it is under
stood, does not intend to do.
Adopts Items of Views"
The majority views adopted in an
executive session of the full judiciary
committee late yesterday after an
all-day conference were submitted
to the House just before adjourn
ment yesterday by Representative L.
G. Dyer, Republican. of Missouri,
chairman of the special subcommit
tee of II members who conducted the
hearing on the impeachment charges.
Mr.. Dyer asked unanimous consent
of the House that any member of
the committee be allowed until mid
night to file minority or personal
views AS IA result of that permis-
sion nine members of the committee
submitted seven supplementary re-
ports.
During the long executive session
yesterday the committee adopted as
part of the majority report eight
| items of views upon certain condi
| tions as disclosed by the evidence"
! This constituted the "censure" fea-
| ture of the main committee report.
| The report approved by the 14-to-4
| vote-the four objectOrs being Rep
resentatives Summers, Texas; Weller,
1 New York; Bowling, Alabama. and
| Weaver, North Carolina-first decides
| that Mr.. Fenning is an officer of the
municipal corporation, and as such is
| not civil officer of the United States,
and as such is not subject to impeach-
ment. 1t then takes up the "a charges
! in order and comments on each to the
! effect that there is no evidence OF
violation of law" or that evidence
| does not sustain this charge" or
/ there is no proof Of any wrong in this
| case"
Then the committee, after a long
wrangle in executive session, having
determined that Frederick A. Fenning
| is not a Federal officer, and therefore
| not subject to impeachment, and hav-
| ing made specific findings of fact upon
| the charges preferred, under the evil
dence adduced," agreed to add to the
report q statement that the commit
| tee felt it's duty to express views
upon certain conditions as disclosed
| by the evidence"
Summarized, these comments de-
clare:
First-Mr. Jennings bonding prac.