Evening star., 1926-04-25
Takes Up Formal Defense.

Takes Up Formal Defense.
Mr. Fenning read his defense from
prepared statement as follows;
charge No. First section o49S. IKE
vised Statutes. No single case mas
been presented or can he pfeseh'eu
in which | have acted as agent OF
attorney in prosecuting claim
against the I nited states IN \loldtou
of said section.
II am not an Officer oi the United
States or a person holding any place
of trust for profit or diScnarglnS amy
oficial function under. or in connec-
tion with any executive department
of the Government Of The tniteG
States or under the Senate or House
of Representatives. The organic act
Of the District OF Columbia tact or
June II, 1s7Sh 20 STAT. T., Io3, pro
vides. The District Of columbia
shall remain and continue munich
nal corporation as provided in section
Of the Revised statutes relating 10
said District and the commissioners
herein provided for shall be deemed
and taken as officers Of said corpora
ton tSection IL
charge No. > Section 400. World
War veterans act. 1924 Section 400
refers to such assistance as may be
required in the preparation and eA-
ecEll0n OF tne necessary appllCdllu!i
and papers to the bureau
In presenting the claims of my
wards 10 the Veterans Bureau | have.
In each case. stood in the shoes of
my ward and have acted substantially
as the ward himself would have acted
If mentally competent. This was my
DUTY as committee.
In cases in which | am not com.
nittee and In which | have commune
Gated with the bureau on behalf of
other COMMITTEES | have never Re
ceived one cent for any services of
any nature before the Veterans
Bureau.
No Law Setting Fee.
charge 3-AlleGed violation of law
and rules 3 TO amount of commission.
There is no law in the District of
Columbia nor is there any rule OF the
Supreme Court of the District OF Co
lumbia which limits the allowance by
way of commission. compensation, eX-
penses or otherwise that can be made
by the court in lunacy causes. Sec.
ton 1885 of the Code of Laws, d. G,
relates exclusively to the accounts of
guardians in the Probate Court. plac-
ing limitation on commissions al
lowed such guardians as not exceed
ing 10 per cent of the principal
of the personal estate and on the an
nual income of the estate. AS TO o
table inserted by Mr.. Blanton In the
Congressional Record on April 10,
1926. this contains number of those
small items which are described BY
the auditors OF the court as nominal
allowances or compensation OF
extraordinary service For example
on page 1919, Congressional Record.
April 10, 1926. Il appears that In the
case of Patrick J. Byrne allowances
have been made which II computed
on a commission basis would exceed
10 per cent OF the income. but the
total amount of these allowances for
II wears is $3.50. During the said
period of Ia wears ] visited my ward
many times each year, correSpondeo
with the hospital and with one or my
wards intimate friends. kept him
supplied with clothing and furnished
the hospital office with funds for his
apending money, prepared annual ac-
counts and the annual required re-
nortH of assets, conserved his estate,
and was his responsible f1duciary, ana
for all that for a period of IA years
I received total allowance from the
court of $3.50.
Again in the case of Daniel u.
Campbell set out in the same schedule
! received q total of ss6 as compensa
tion or allowance for services rem
dered over a total period of Ia years
During this period of II years visit
ed nv ward many times each year
| conducted an active correspondence
with respect to my SAID Wafd.
managed and conserved mis- estate.
fled an annual account and the re-
cuired annual report or assets. sup
piled him with necessary clothing. IN
the purchase of which he received
the benefit of 10 per cent discount
and | kept him supplied through the
hospital Office with reasonable
amount of spending money. During
all this time, in addition to the fore
going, I was his responsible hduciary,
acting as the arm OF the court, and
for all of this service, covering
period of "A years. the said schedule
shows that l received Ss6.
I'm the case of Da MEL Paul Fem,
set out on page 1920, it appears that
was given total allowances OF
$3.50, covering a period or IL years
and the said allowances being my
total compensation In this case for
all necessary services and attention
10 the ward covering a period OF IL
years.
Discusses Commissions.
"Asain. on page 1921. In the said
schedule. 1t appears that In the case
of James A. HiggineOn ! received
total sllowa nces amounting to tS4.ao
and covering a period ID years. our
ing all of which time, in addition 10
Eervices as outlined In the immediate
" preceding cases | was In constant
communication with the members OF
nv wards family. For all OF these
R4r-vices ] received a total remunera-
lion of $S4.70 for work extending
bver O period of IA years
''On the same page. In the case OF
William john Kennedy, The selN-
ices rendered by me we're practi-
rallv Identical with those just out
lined. and for which services We
reived total OF Ss2. covering period
Of "a years.
The said schedule contains numer-
ms other cases in which. If the com
hensation Is considered on cemmls-
sion basis, IL would he in excess oi
10 per cent on the annual income. put
an ANALYSIS of the schedule anu an
examination of the original pa pers on
file at the courthouse will indicate
chat the amounts allowed by the court
eaSS year were exceedingly nominal
For services rendered In a number
Of cases set out in the I'd schedule, II
would appear that on the same date
had received a. COMMISSION or 10
Der cent and a further commission OF
s per cent. In this respect tha schsd-
ule is misleading. as an examination
pf the court records will indicate; for
example. in the case of Henry j.
Ahlemeier. on page 1918, it appears
that under date Of July 1s. 1921, |
received Q commission OF TO per cent
and on the came date a commission of
h per cent, but an examination OF my
accounts and of the accounts as stated
by the auditor Of the court Will reveal
that the commission of per cent was