Evening star., 1926-04-28

and that there is no law in this juris-
diction covering this type of guard
ianship, the veterans committee yes
terday afternoon received from Walter
r. Gould, regional guardianship OH
Ger of the Veterans Bureau Tor the
District Of Columbia: the opinion that
section 1135 of the District Code ap-
plies to committees of lunacy cases
as we'll as guardians Of minors. MAJ.
Davis G. Arnold, national GUARDIAN
ship officer, had testified the law flxed
the maximum commission at 10 per
cent, and Herbert Il. Davis, auditor
of the District Supreme Court. had
declared that the only restriction on
commissions applied to guardians OF
minors.
Mr.. Gould declared that when sec
ttion 1875 was promulgated on March
3, 1901, lunacy and minor cases were
under the Probate Court. A year
later, he said, lunacy cases were
! transferred to Equity Court. AS
there has been no other code to ap-
ply to the lunacy cases, consider
that section 1135 applies to both.
Furthermore, the witness declared,
there is no other provision in the code
requiring fiduciaries to file reports,
except the one referring to guardians
are printed forms at the Courthouse
requiring committees to file reports.
Witness Is Criticized.
The witness was severely criticized
by Representatives BulWinkle OF
North Carolina, Rankin of Mississippi
and Milligan of Missouri, all Demo
Gratis and World War veterans, Tor
not protesting against some or the
Excessive" commissions allowed Mr..
Fenning. He replied his reasons for
not doing this were: There is a pen
atty of IS if "frivilous exceptions are
not sustained; the clerk of the District
Supreme Court, Frank r. Cunning
ham, told him he would land on the
sidewalk" if he questioned the de-
cisions of the judges; it would nave
been 'impertinent" to challenge their
decisions. and, lastly, he did not think
the 10 per cent commissions granted
Mr.. Fenning were excessive.
Under a rapid cross-eXamlnatlon
the witness admitted he learned OF the
SIS penalty several weeks ago. and
that Mr.. Cunningham opinion was
given him Monday Mr.. BulWinkle,
! in excited tones, shouted at the wit
ness: This has been going on Tor
four years and you attempt to give us
! the reason for not filing exceptions
as being due to the rule you read IN
| the last several weeks" Mr.. Gould
| replied there were no appropriations
| for him ~ pay S. every time an eX-
| ception was not sustained.
Had Not Received Complaint.
| Mr.. Gould said he never had any
| knowledge until recently that Mr.
Fenning received commissions in eX-
cess of 10 per cent. or that he is an
agent for a bonding company. lie
added he never received any com
/ plant" against Mr.. Jennings actiV-
| tiles as guardian but he did say the
only complaint was that he had
cornered the market on lunacy cases. "
| When asked to explain why com
missions in committees of veterans
other than the World War were 50
| low, Mr. Gould declared in the ma
! iority of these cases relatives or
/ friends acted as committees and ap-
piled only for minimum commits
sion
| OF the SOS veterans at st. Eliza
beth's Hospital under his supervision,
| Mr.. Gould said, $50 are drawing COM
pensation.
Then why was it necessary for the
| American Legion and the Legion
! Auxiliary TO send. clothing out to
| these men?" demanded Mr.. Bulwinkle.
| The witness replied he knew of, no
veteran in want, but said he learned
after the legion's collection of cloth
! ing had been taken up that it was
! for those veterans not drawing com
| pensation.