Evening star., 1926-05-02
Continued from First Page.)

|
be made to appear that any attack is
being made on the courts"
| In reply to questions from Repre-
| sentative Gilbert, Democrat, Of Ken
lucky, Justice Mccoy stated that he
| had appointed Justice Stafford's son
guardian ad Item and that Justice
! Stafford had appointed his son to a
| similar position. Mr.. Gilbert asked
| to what extent this practice has OBJ
| tanned. Justice Mccoy put into the
record a statement that from Decem-
| ber, 1922, to date his son had been ap-
| pointed guardian ad Item 16 times
and once as trustee with another at
! torney, receiving an average of $50
in each case and the highest amount
| he received being $90.50 in the trustee
| case.
| Mr.. Gilbert quoted section 81 Of the
| code. which provides that no person
shall be appointed to or employed in
| any office or duty in any court who
/ is related by affinity or conSanguinity
! within the degree of first cousin to
| the Judge Of such court. Mr. Gilbert
argued that If Justice Mccoy appoint
ed Justice Stafford'S son and Justice
| Stafford appointed Justice McCoy's
son it would in effect be the same as
If each appointed his own son. He
said that would be as complete vio-
lation Of that section as II you ap-
pointed your son guardian ad litem."
Justice Mccoy answered, II should
have to study it with relation to what
the duties Of guardian ad Item are"
u @,t. ,INk y h.
he would be an officer of the court
within the meaning of that section.
This led to quite an involved discus
sion.
Says Practice Is Affected.
Justice Mccoy stated, "I do not
make appointments of my son or
hear him in court" He argued that
If Mr.. Gilbert's line of thought was
correct, his son should not have been
admitted to the bar because other
judges had to admit him and swear
him In and appoint him as an officer
to practice. If, following out this
same line Of argument. his son should
not be allowed to practice before any
other judge for fear they would show
partially because he was his son,
then he would have to leave the Dis
trict Of Columbia to practice else
where because he has no other pro-
fession. He said he could not see
any difference between his son acting
as administrator of an estate and
practicing law.
Mr. Gilbert argued: when he is
employed as attorney by me it Is
not because have to employ him by
order of the court. but in a con-
tractural relation with a fee agreed
upon. When he serves as guardian
ad litem he is forced on that party
compensation. which is not done in
the general practice Of law
Denies Appointment.
Justice Mccoy stated: IT would
not appoint my own son because it
might appear as unethical.
Mr.. Gilbert then asked: "If you
don't appoint your own son. isn't
1t accomplishing the same thing
when you appoint Justice Stafford's
son and he appoints yours?"
Justice Mccoy said: Congress
man. I'm sorry If you think lso."
And Mr.. Gilbert answered, Il do
think so''
Mr.. Gilbert then read a section from
the complaint of the Bar Association,
which said "a grave criticism. and
one abundantly fortified in fact, is of
the frequent appointment by members
Of the court to positions essential to
the administration Of the law and the
business of the court. such as guard
ians ad iitem and f1duciaries in pend
ing litigation Of relatives or employees
of judges Of the court. and the COM
mittee must think that the provision
of section 81 of the judicial Code that
No person shall be appointed to or
employed in any Office or duty In the
court who is related by affinity or
consanguinity within the degree of
first cousin to the Judge Of such court
has not always been in mind when
such appointments have been under
consideration"
Justice Mccoy called attention to
the fact that this complaint relates
not solely to relatives, but to en-
ployes who are not relatives, and he
said that the law does not cover other
employees than relatives, and that, In
his opinion, the complaining attorneys
did not think that this section applied.
VIII Chill on Signers.
Mr.. Gibson said that it is his inten.
ton as chairman of the subcommittee
to ask those who signed this COM
1t and the section Of the code re-
ferred to.
Mr.. Gibson assured Justice Mccoy
that he would be allowed abundant
opportunity to examine the section
and make any reply or suggestion he
desires.
Justice Mccoy answered "You all
are lawyers and I am not unwilling
to admit that you are all better judges
than am in this matter. All want
you to believe Is that / honestly eXer-
cised my judgment as I believe any
other judge of the court did in ap-
pointing my son as secretary. II you
think this practice Is dangerous or
corrupt would suggest that you con.
suit with lawyers and others familiar
with the court practice here to advise
as to practice and procedure"
Mr.. Blanton made the point that
the law in question was passed by
Congress. "It Is for us to decide
what Congress intended, not for any
Judge to decide he said. "If we
think that law Of Congress is ignored,
1t is for us to decide
Justice Mccoy agreed thoroughly,
but said his suggestion was that If
Congress decided to make a change
in the law, 1t should get enlighten-
ment and advice from those who are
familiar with the local court condi-
tionS.
Quizzed On Fenning.
Mr.. Gilbert questioned Justice Nc
Coy regarding his friendship with Mr..
Fenning, that he had sworn him in as
District Commissioner. and that they
spent the Summer together in Maine.
He said that Justice Mccoy had
brought down severe criticism upon
himself in the ship building case In
which $1,400,000 in assets was lying
In the bank, and in which he appoint.
ed Mr.. Fenning receiver when coun-
sci was opposed. He asked What
=. - c,i. i..lx.e Ala ..c...