Evening star., 1926-05-02
MCCOY UNWILLING
TO SHIFT BLAME
FOR JUDICIAL ACTS
Stands SquareIy on His Rec
ord and Offers to Help
Fenning Inquiry.
GIVEN 5-HOUR GRILLING
ON D. C. COURT AFFAIRS
Says He Will Uphold His sigma
ture on Veterans Case Papers
in ANY Event.

Chief Justice Walter l. Mccoy or
the Supreme Court of the District,
formerly a member of Congress and
justice of the District Supreme Court
since 1914, was a witness for more
than five hours yesterday under tense
strain of close Cross-questioning by
members of the Gibson subcommittee.
which is inquiring into guardianship
administration of Commissioner Fred
erick A. Fenning and any and all con-
ditions affecting the conduct of mu
nicipal affairs in the District.
Justice Mccoy was examined re-
garding his appointment of a son of
Justice Stafford to a fiduciary posi-
ton under the court and the appoint
ment of his own son by Judge Stat
ford to a similar position. He had
a section of the code quoted to him.
which members of the subcommittee
said in letter and in spirit forbade
such appointments.
Will Stand by Guns.
Judge Mccoy testified that he did
not know that Mr.. Fenning received
25 per cent commission on bonds
paid for from the estates of his lunatic
wards or that he received fees both
as attorney and as guardian. He de-
manded to be shown the official papers
which members of the committee told
him disclosed this fact. He refused.
however, to submit himself to- being
called yellow" by hiding behind Mr..
Fenning when he is facing serious
charges and said that he would stand
on his own responsibility behind any
papers he had signed.
He admitted that he had signed an
order for a commission of 10 per cent
to be paid Mr.. Fenning with the
amount, S213.04, computed, and writ
ten into the order sent to the auditor,
and defended this even though mem
bers of the subcommittee argued that
he had both set the fee and audited
the account of Mr.. Fenning, and pre-
| cluded the auditor from disallowins
the 25 per cent commission on the
bonding fee.
Justice Mccoy defended his appoint
! ment of Mr.. Fenning as trustee in
case where 81 400 900 assets were on
deposit in local banks, when attor-
neys for parties to the litigation bit
terly opposed such appointment. He
contended that he had first tied up
the assets so that they never would
come into the hands of the receiver.
Replies to Bar Report.
| He replied feelingly to a report
made three years ago by committee
of 10 leading members of the bar. ap-
proved with only one or two dissent
ing votes by the entire Bar Associa-
ton. which complained against the
existence of "a quite general feeling
at the bar of a want of fellowship
between the bench and the bar, and Il
want of that respect by the former
for the latter, which is indispensable
to any harmonious, or even proper
sense of relationship between the two
sets of functionaries upon whose mu-
tual confidence, respect and co-opera-
ton, not to say amity, the proper con-
duct Of the legal affairs Of the COM
munity depends"
At the end Of his five hours grilling.
Justice Mccoy stood up and made an
emphatic statement, which he said
was not intended to arouse sympathy.
but was provoked because he had
been made to appear as being heart
| less regarding veterans. He repeat
| edly told the subcommittee that he
! would be glad to answer all questions
frankly and fully and promised his
| cooperation in executive session with
the committee in devising ways in
| which the administration of justice
| through the District courts might be
| improved.
Reassured By Gibson.
| On behalf of the committee. Chair
man Gibson assured Justice Mccoy
that the committee had no suspicion.
but rather the utmost confidence re-
garding his integrity i'll his judicial
| capacity. At the outset of the hear
1 N Gibson a
ment regarding the purpose of the
| committee, and the scope Of its in
| vestigation, which is not designed as
an attack on the judiciary, but to see
what remedial legislation is desirable.
Mr.. Gibson said:
"The chairman does not wish the
| picture to go out that this committee
is directing any attack in the courts
of the District Of Columbia. 1t would
| be a lamentable thing to have any
! statement enter in headline or text
from which such an inference can be
| drawn.
| I'VE are proceeding under a resolu
ton which provides for an investiga-
| ton Of the charges made against
Frederick A. Fenning and others, and
any conditions shown to exist through
appointment of committees, guardians
and receivers. and if any conditions
/ are found to exist in connection there
with requiring legislative remedy to
| find the remedy and apply it.
| Wants to Get Facts.
I'VE are further directed to look
into other conditions existing in the
| District, and If any are found requir-
ing a remedy to apply it through ap-
propriate legislative action. 1t is
| upon those portions Of the resolution
that we are receiving this testimony.
| We desire to know If conditions exist
| which need changes in respect to the
| appointment of guardians, committees
| or receivers, and as to fees.
| Let the chairman say in passing
| that judges are usually men OF the
highest integrity, men of honor, men
of learning. They have important and
| trying duties to perform in dealing
| with all the trying complexities OF
human affairs. AS the gentleman
from West Virginia has said, judges
are human. They err at times. but
are ever willing to correct those
| errors. Your affairs and mine are In
their keeping. They are the protec-
I! tors of American liberty.
IT believe the judges OF the courts
| of the District of Columbia measure
| up to the high standards set by the
Judges Of the country. 1t must not
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