Evening star., 1926-04-25

cent amounting 10 S213.O4.' Isn't
that so. Mr.. Commissioner"
The audit is here directing such
an allowance"
Yes. Now. have YOU examined the
records that the suritor made after
that"
The record on this?" asked the
witness
Yes. wherein he says
Has II been filed" interrupted Mr.
FenninS
Yes wherein the auditor says
the court instructed him 10 allow 10
per cent. or $o1304. he did no, see ny
use Of sunmoning witnesses.
Explanation Is Offered.
Have YOU copy Of that? | can
explain that 10 YOU" said Mr.. Fen
ming.
II am asking YOU for that informa
tion. Have YOU seen il"
II want to tell YOU about that. !
think YOU ought TO know what that
is said Mr. Fenning.
"As 2 lawyer. Mr. Fenning "
is that set ont in a copy Of the
record
YES"
is the auditors record and my ac-
count of this estate? Let me show
YOU sonnet ming about the auditor s
record.
Wait minute. want tn ask
You want to he fair don't you?" in
terrupted Mr.. Fenning.
II want 10 be perfectly fair with
YOU. Here it is right here Handing
it 10 Mr.. FenningA | quoted 1t IN the
Record Of April S. I have quoted the
statement of the auditor. following
judge McCoys order"
"An right This quotation from the
auditors record reads this way:
From an examination of the records
in this cause. it appeared that no use
ful purpose would be served
Reads Preceding Quotation.
Read the quotation on the preced
ing page, the first one. interrupted
Mr.. Blanton.
IAN right. This cause is before
the auditor under directions contained
in order o. the court fled herein un-
der date of March ,. 1925.
Under order OF the court. inter
rupted Mr.. Rlanton..
Yes The above refers to the order
of chief Justice Mccoy directing the
auditor TO allow Mr.. Jennings claim
OF $213.04 for commission on his
wards income for the past year.
Then YOU go ahead and quote again
from the auditor. said Mr.. Fennins.
Yes"
From an examination of the rec
ords in this cause, 1t appeared that
no useful purpose would he served by
holding a formal hearing in connec-
ton with this reference: therefore,
primarily for the purpose Of conserN-
ing the assets Of this estate. the audi
tor has dispensed with the formality
Of taking and transscribinG testimony
and has stated the present account
from data disclosed of record.
Says Practice Is General.
Now. that is a statement that
anticipate YOU will find has been used
for years" continued Mr.. Fennins
almost beyond memory by the
auditor in stating an account by way
Of conserving assets of an estate and
save the cost that would be incurred
bv the transcribing Of testimony. The
auditor sets that ont In accounts IN
great number and II has been the
practice Of his Office for years.
Can Won find me one other guar
Supreme Court record Of the District
of Columbia where the chief justice.
when he submits question to the
auditor for audit. orders him to pay
10 per cent. to allow 10 per cent com.
missions?" asked MIR. Blanton. IF
YOU can. | want to see It. have not
been able to find a single one.
Well, you have been very diligent
in your researches.
II have looked for it: Is hours a
day I have been working.
"All right. ! haven't time or the
disposition to 60 down and examine
accounts Of other people. There is
no doubt in my mind but what you
will find other instances of other
fiduciaries in which the chief justice
has allowed a commission of 10 per
cent"
Challenges Fenning.
IF you will find one such case
will withdraw that charge against
YOU" replied MIR. Blanton.
Il repeat what I said before. that
II is not a part of my business to dc
that haven't time to do that. But
IL you want to look for them 1t Is your
privilege. and you have lots Of time
for that kind. of thing"
Il hsven'ts much tc do
LAS 10 there being other ca ses,