Evening star., 1926-05-24
SCOPE Of FENN|NG
PROBE UNDECIDED
Judiciary Body Leaves QueS-
ton of Acts Before Taking
Office Unsettled.

The question of whether the House
judiciary committee, in hearing evil
dence on the impeachment charges
brought against Commissioner Fred
erick A. Fenning by Representative
Blanton of Texas, should take
into consideration alleged illegal acts
by Mr.. Fenning before he became an
official of the District was raised at
the morning session of the committee
today, but resulted in no decision on
the matter.
During the presentation of docu-
mentary evidence by Mr.. Blanton in
support of his charges, Representa-
tive German. Republican, Illinois,
interrupted and asked:
Mr. Blanton. I've been following
your case closely since you began its
presentation. What l want to know
is. can this committee bring in an i'm
peachment against Mr.. Fenning for
acts committed before he became Com
missioner"
Cites Legal Precedents.
Mr. Blanton replied that 1t could
and Mr.. German observed that the
resolution, under which the hearings
are being held states that the COM
mittee is directed to inquire and re-
port whether the action of this House
is necessary concerning the alleged
official misconduct of Frederick A.
Fenning. a Commissioner of the Dis
trict of Columbia"
Mr.. Blanton explained that was one
phase of the resolution. adding that
it had two parts. The second part, he
contended. begins where Mr.. German
left off reading. He read it as follows:
and said committee on the judiciary
is in all things hereby fully authorized
and empowered to investigate all acts
of misconduct and report to the House
whether in their opinion the said
Friedrich A. Fenning has been guilty
of any acts which in the contempla-
ton of the Constitution, the statute
laws, and the precedents of Congress,
are high crimes and misdemeanors
requiring the interposition of the con
StitutiOnal powers of this House."
The Texan supplemented this read
ing with a brief reference to legal
precedents which. he declared. do not
hold an official accountable to acts
committed only while in office. The
discussion ended here with other mem
bers of the committee listening atten-
lively.
Hogan Objects to Speech.
When the committee recessed at
noon to resume it's sessions at 2:30
o'clock, Mr.. Blanton had not complet-
ed the submission of documents and
papers which he began at the first
session of the committee Thursday.
His course in this procedure was in
terrupted from time to time by ques-
frfHt 6an ,VN,if ffea Nd slrgs
from Frank j, Hogan, chief counsel
for Mr.. Fenning before the inquiry.
Attorney Hogan at one point objected
to Mr.. Blanton making speech"
after he had answered a committee
members question, adding that II can
make speeches myself"
Mr.. Blanton turned around to the
lawyer and observed: II won't at
tempt to compete with Judge Hogan,
who hasn't a peer in the United
States as speaker.
At another point in the proceedings
when Mr.. Blanton was discussing a
certain phase of his documents, he
explained he was making an argu-
ment, which Mr.. Hogan declared was
mot sound"
Its Just as sound as Judge
Hogan's address before the Real Es-
tate Board here in which he called
members of Congress a bunch of ig-
noramuses." Several members asked
for the regular order" and Chairman
Dyer, Republican. Missouri, head of
the special subcommittee of IL con-
Quoting the hearings, ordered the col
loquy stricken from the record. Mr..
Blanton then asked the chairman to
prohibit Mr.. Hogan from making
side bar" remarks while he was pre-
senting his case. Chairman Dyer re-
minded the two principals in the argu-
ment that they are both lawyers of
high standing"
Mr.. Blanton's case was opened with
the stipulation from Mr.. Jennings s
counsel that Lee b. Mosher, manager
Of the Washington Office of the United
States Fidelity and Guaranty Co.; if
called to the stand, would testify to
the amount of commissions paid the
Continued on Page 4, Column 81