Evening star., 1926-06-12
PRESIDENT WAITING
ON SARGENT TO GET
REPORT ON FENN|NG
Will Make No Move Until He
Receives Advice on
Aspects of Case.
DECISION EXPECTED
LAST OF NEXT WEEK
Justice Department Unlikely to Act
Before Judiciary Committee
Gives Its Findings.

Final disposition of the long drawn
out Fenning case rested today with
the House judiciary committee and
the Department of Justice. with indi-
cations pointing to definite action the
latter part of next week.
While President Coolidge let 1t be
known yesterday that he will not in
terfere In any way with the case until
he has heard from the Department of
Justice, which, at his request has been
watching developments and studying
their legal aspects, it seemed improb.
able that the Department of Justice
would make any recommendation
pending the findings of the House
Judiciary committee
Action by this body was evidently
delayed to some extent today by the
inability of Frank j. Hogan, chief of
defense counsel. to present his brief
on the law in the case until Monday.
While Mr.. Hogan was expected to
hand this brief to the committee today.
he was unable to complete it in time.
Chairman Graham of the judiciary
committee has previously announced
that with receipt of Mr.. Jennings de-
tense the committee would go into
executive session and dispose of the
case"
President Awaits Advice.
Pending receipt of advices from the
Attorney General. President Coolidge
has no intention OF deciding what ac-
tlon to take, if any at all.
Not until then will the President
give any consideration to the case.
Whether or not he has any conyic.
tions of his own at this time. before
carefully reviewing the evidence and
advlces he is to receive from ATTORNEY
General Sargent. has not been made
known at the White House. even
though Mr.. Coolidge yesterday after.
noon, during his Friday conference
with newspaper correspondents, for
the first time since Mr.. Fenning has
been under congressional fire broke
his silence and maae known what
steps he has taken preparatory to dis.
posing of the case.
The President requested the De
partment Of Justice several weeks
ago to follow carefully the proceed
ings in the hearings being conducted
by the several subcommittee of the
House, and asked that he be later
advised as to what action should be
taken. The President asked the de-
partment also to advise him specif-
Ically upon what he considers the
two major angles in the case; namely,
whether he, as President, should take
any action to protect the interests of
the District of Columbia as a result
OF anything that has been revealed
in the committee hearings, and should
he do anything to protect Commits
Sloner Fenning from being unjuStly
and unfairly accused.
Department Follows Case.
1t was explained further by the
President s spokesman. while dis
cussing the case, that officials of the
Department of Justice, in compliance
with the Presidents request, have
been following the case carefully and
have been examining the records of
the hearings, all the while giving par
ticular attention to the legal points
involved. Before preparing it's report
for the President the department will
await the final conclusions of the
House judiciary committee, which
has just completed it's hearing of the
charges against Commissioner Fen
The President. in discussing the
matter and explaining what he has
done thus far to act intelligently and
fairly when the time comes, wanted
it understood by the public that his
mind is open and that his request for
advices and recommendations from
the Department of Justice should not
be taken to infer that he was prejudg-
ing the case.
AS for the moral aspect and the
question of whether or not Com
missioner Fenning has destroyed his
usefulness as public officer. Presi-
dent Collidge will determine this phase
of the case himself. but in view of
the fact that several intricate legal
questions have arisen during the
hearing Of the evidence, he thought
it best to be advised by the legal
officers of the Government. Besides,
the President has not had the time
to follow the publication of the testi,
mony submitted, nor will he have
time to read the voluminous report
of the proceedings If they are sent TO
him for consideration.
Will Expect Review.
What the President expects from
Inc 1ClCl "a 40 a ACNAC"y III
digest form, of the entire congress
sional proceedings in order that he
may familiarize himself with all that
was presented ~in these hearings, and
an expression from the Attorney Gen.
eral as to the legal questions involved.
The President wants the Attorney
General to advise him whether or not
he thinks Commissioner Fenning has
violated any laws in following his
practice as committee and guardian
for mentally i'll veterans, or whether
he has violated his trust as an officer
of the Government. The Attorney
Generals report is expected to be an
impartial analysis of the evidence and
Of the recommendations to Congress
by the District committee and by the
judiciary committee.
The President has made 1t very
plain that he has no intention Of act
Ing hurriedly. Those who know him
will say that it has been the Presi-
dents policy always to remain loyal
and to maintain confidence and to not
misjudge friends or those whom he
has appointed to public Office. He
stands by them, no matter how
serious charges against them may ap-
pear at first hand, until it has been
proved that the charges are true and
that there is some reason for him to
remove his confidence.
Mr. Hogan today denied the state
ment in the brief of Representative