Evening star., 1926-04-16

has some cases outside OF St. Eliza.
beths where he has removed the
patient at the request OF the fafntiy
or for other purposes. such as the
comfort and convenience OF the TAM
fly. In all cases / have found his
accounts In perfect shape. the ale
lowance Of commissions to the guar
dian, as have said before, varies
generally from 5@to 10 per cant OF
the receipts. Mr.. Fenning has. IN a
great many cases, collected money
belonging to the lunatic or to which
he was entitled, and take that In
consideration when I come to hx his
commission in the particular case.
An Element Of Compensation.
The acting chairman--In other
words, you regard that ag q rendition
Of services beneficial to the estate. and
you make compensation accordingly?
Mr.. Payne-Undoubtedly He avoids.
In such cases, the employment OF
special attorney to collect that money,
or TO secure it, and it is one of the
elements or one Of the ingredients OF
his service fer which he should be
compensated.
The acting chairman-oh. you mean
that instead of employing counsel,
who might be allowed a separate Zee,
he does that work, and you make an
increased allowance to him as COM
mittee?
Mr.. Payne-I take that into account
in making his allowance.
Mr.. Hay-Is there any rule OF law.
Mr.. Payne, which authorizes you TO
take a thing of that kind into account?
Mr.. Payne-No; it Is a circumStance
in the case.
Mr.. Hay-Is thee any rule OF law,
or any rule Of the court. hxing the
compensation. or the per cent. OF the
guardian7
Mr. Payne-No. sir: I have Just said
that while there is no rule on that sub
ject, the practice has grown up IN the
court which is almost tantamount TO
q rule. that not less than D InI nor more
Mr.. Hay-Is 10 per cent as high as
is allowed In any case?
Mr.. Payne-Yes, sir.
Mr.. Hay-Would you regard a per-
centage Of more than 10 per cent as
being more than ought to be allowed
in any case?
Mr.. Payne--As purely commission,
should never make allowance TO that
amount-beyond 10 per cent.
case in which Mr.. Fenning or anybody
Mr. Payne-r do not think have.
think may say very positively that
Mr. Hay-You have said that there
were some cases that did not 60 be-
fore you.
Mr.. Payne-Yes.
Mr.. Hay-Cases where the guard
ian made his report directly to the
court2
Files with Court First.
Mr.. Payne-Weil, in the case Of
some guardians or committees, as we
call them, they always do that. Mr..
Fenning always does 1t. He files his
account with the court first, and then
the court sends It TO me.
The acting chalrman-What Is Mr..
Jennings standing at the bar here.
II you know?
Mr.. Payne-It is the best, sir. as
far as I know. I have never heard
any suggestion or intimation to the
contrary. have known Mr.. Fenning
for q. few years now, and believe
that / know all about the bar. l
come in contact with most all OF
them continually. never heard Mr..
Fenning spoken OF in any other terms
ktAGt CA(CISAts
Again these facts were established
20 years ago by the testimony Of
James l.. Davenport. first Deputy
Commissioner of Pensions and later
Commissioner of Pensions. as set out
on pages 1,4s1 and 1,4s2 of the
Record. from which the following ex-
cerpt Is made:
The acting chairman--Do you know
Mr.. Fenning?
Mr.. Davenport-Yes,s sir.
The acting chairman-How long
have you known him7
Mr.. Davenport should think
about Is years, or perhaps 20.
Employed in Pension Service.
The acting chairman-was he ever
employed in the pension service?
Mr.. Davenport-He was employed
in the pension agency.
The acting chairman-Here in the
city?
Mr.. Davenport-Yes, sir.
The acting chair1nan--Do you
know Of his being committee for a
goodly number OF old soldiers over
here at st. Elizabeth's?
Mr.. Davenport-I do.