Evening star. [volume] (Washington, D.C.) 1854-1972, 1926-07-02
DYER SUBCOMMITTEE REPORT
FINDS 20 CHARGES UNPROVEN
District Commissioner Is Declared to Be Non-Im
Observation-Disclosures, However, Come in for
Bitter Attack by Judiciary Committee.

vote or IA to !, follows:
This committee is acting under a
resolution passed by the House of
Representatives. on May Z, 1926. the
first section of which is as follows:
Resolved, That the committee on
the judiciary be. and it is hereby.
directed to inquire and report
whether the action of this House is
necessary concerning the alleged
official misconduct of Frederick a.
-Fenning, a Commissioner of the
District of Columbia, and said com
mittee 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 Frederick A. Fenning has
been guilty of any acts which IN
the contemplation of the Constitu-
ton, the statute laws, and the prec-
edents of Congress are high
crimes and misdemeanors requir-
ing the Interpretation of the con-
stitutional powers of he House.
I'VE will consider first, the power
and the right of the House to inn
peach. Article =, section /. of the Con
stitution provides that the President,
Vice President and all civil officers Of
the United States shall be removed
from office on impeachment for, and
conviction of, trea son. bribery and
other high crimes and misdemeanorS
1.-TWO things are necessary before
the House will authorize impeach-
nent, GirS) there must be an officer
who, by reason of holding such office.
is improbable under the Constitution
and laws of the United States: and
tsecond) the establishment by credita-
BILE evidence of such misconduct on
the part of such officer, defined as
treason, bribery, or other high crimes
and misdemeanors' as will bring the
office into disrepute and which will re
quire- his removal, to maintain its
purity and the respect of the people
for the office.
Is Commissioner Improbable?
THE first question that ConfrOnts
us, is q Commissioner of the District
of Columbia, appointed by the PreSi-
dent and confirmed by the Senate, a
civil officer of the United States, sub
ject to the foregoing provision OF the
Federal Constitution? In order to ar
rive at correct solution of this ques-
ton it is necessary to review the acts
of Congress relating to the District OF
Columbia.
lumbia was ceded by Maryland to,
and accepted by, the Government in
accordance with clause II of article 1
OF the Constitution, which granted to
Congress exclusive Legislative Jurisdlc-
ton over such District. This in Ell
feet makes Congress the legislative
body for the District, with the same
power as legislative bodies of the Vari-
Gus States, and it has full authority IN
legislative matters pertaining 10 the
District, subject to the prohibitions
contained in the Constitution.
THAT act of July 10, 1890, provided
for the establishment of seat Of Gov
eminent in the District Of Columbia.
On February u, 1871 Q6 Stat. L.. AID,
Congress created of the District a
municipal corporation by the name
of District of Columbia with power
to sue, be sued, contract, have a seal,
and exercise all other powers of q
municipal corporation not lnconslst-
ent with the Constitution, the laws OF
the United States and the provisions
of this act.
Organic Act Cited.
subsequently, on June II, 1878 go
Stat. L., 1922. the organic act OF the
District of Columbia was enacted by
Congress, which provides that the
District Of Columbia shall remain and
continue a municipal corporation as
provided in section of the Revised
Statutes relating to said District ana
that the Commissioners provided Tor
should be deemed and taken as officers
of such corporation.
This seems to be as clear as Ian
guage can express it that thereafter
the District of Columbia should en-
low a municipal corporate status ana
that it's officers should be deemed and
taken as officers of such corporation.
The fact that Congress retains legls-
lative authority and that the method
of appointing Federal officials was
followed in the appointment of the
Commissioners is not material ana
certainly not controlling, for the Sc
lection of the Commissioners could
have been delegated to the President
alone or TO the people of the District.
Had it been the intent of Congress
that the Commissioners. should ENJOY
the status of Federal officials, then
no expression thereon was necessary;
but the fact that Congress in specific
words gave them the status of munic-
ipal officers indicates clearly that
congress was making and did make
distinction as to the official status of
these officers while, at the same time,
retaining the Federal method of APP
pointment.
This was very reasonable pro-
vision, for, while these officials are
appointed by the President and con-
firmed by the Senate, they are not
paid in the same manner as Federal
officers. They are paid out of the
District funds, to which, it is true,
the Government contributes GER
~
Z of the Federal Treasury, as are Of
.fcials of the Federal Government.
Cases Do Not Apply.
while there are cases cited by
.Messrs Blanton and Rankin in their
briefs UNFOLDING their contention that
Mr.. Fenning is a Federal official, the
cases cited generally involve other
questions and the decisions are not
expressly upon the point at issue, and
we feel that the question is settled in
the following cases: Barnes VS.. Dis
trict of Columbia. 81 United States,
$40. rendered before the act of Con
gress Of February 81, 1878, an act
to provide a Government for the Dis
trict of Columbia.
metropolitan Railroad Co. VS.. Dis
trict of Columbia, 1872 L. S., 1.
District of Columbia VS.. Woodbury.,
1876 u. s., $50.
Donovan VS.. United States, q
Court of Claims Reports, 120.
Griffith VS.. Rudolph ct al, Com
nissioners of the District of Column
bia, 29S Federal Report, 672 decided
in 1920.
See also opinions of the Attorney
General" report here cites pages in
which applicable opinions are found.)
Not Improbable Officer.
For the reasons stated it is our
conclusion that Frederick A. Fen
ming is an officer Of a municipal cor
portation, to-wit, the District of
C'ol,,phia and az Srch iS NOT a civil