Evening star. [volume] (Washington, D.C.) 1854-1972, 1926-05-06
4O8 LUNACY CASES HANDLED
BY FENNING PUT In RECORD
Commissioner Accused of Violating Law by Accept
ing Fee on Bonds-Rudolph Submits Recon-
mendations for Legislation.

list of 40S lunacy cases compiled
by the clerk of the Supreme Court of
the District, in which Frederick A
t'enning received SS,412.05 in attor.
ney's fees, Sac go I'm commissions
as guardian and S7,5O4.43 in commits
slons on bonds. between March Z. 1899
and May l, 1925, in addition to pre-.
Nlous lists prepared by the Veterans
| Bureau and the auditor of the Su.
preme Court of the District OF active
cases since May /. 1925, was put into
the record of the hearing by the Glib
son subcommittee of the House Dis
trlct committee in the caucus room of
the House Office Building last night
This list also appears in the Congress
slonal Record today by unanimous
consent of the House.
Representative Blanton. Democrat
of Texas, also read into the record last
i night article SAL of the criminal code
which. he said, makes It ii felony for a
guardian. trustee or similar officer to
use fiduciary funds intrusted to him
and not make 1t known TO the tribunal
| to which he accounts. Mr.. Blanton
charged that Mr. fleming in numer-
Gus cases has offended against this
statute, and that records of the hear.
ing disclose that he has admitted re.
! ceiving % per cent commissions on
!
accounting to the court or auditor.
MIR. Blantou said that this makes
Mr.. Fenning liable to a charge of en-
beZzlement under article SAL. and he
cited the case of the United States
versus John ID. kinnear. in which he
said there was similar "misappropria
ton of funds and the court held
that it was embezzlement.
He told the subcommittee that the
court has held that either the lunatic
wards or their legal representatives
or the District commissioners nr
members OF the Police Department
can prosecute suits against Mr.. Fen
ming under this law.
Chairman Gibson OF the subcom,
mlttee put into the record Il memoran-
dunn prepared for Mr.. fleming in re-
gard to taXicab companies monopoliz-
ing parking space in the public
streets adjacent to hotels.
Recommendations Are Submitted.
| Mr.. Gibson also inserted recon-.
mendations which the subcommittee
had asked Commissioner Rudolph to
submit with a view to legislation to
improve the administration of NUM-
cipal affairs. Commissioner Rudolph $
| recommendations follows:
First. that members of the Board
of Commissioners should be relieved
! from membership on the Public Utili,
| ties Commission. He called attention
that a bill for this purpose is pending
before the House District committee.
| Second. that the act of March l.,
| 1921, providing that the Commits
| sioners, with the officer in charge of
public buildings and public parks
and the superintendent of the Cap
itol, shall constitute the Zoning Com
| mission, should be amended to pro-
vide for a coming commission con-
| SiSting of District officials, such as
| the surveyor. inspector of buildings
| and the assistant to the Engineer
Commissioner in charge of building
| construction. and that the present
| Zoning Commission should be created
a board of appeals from the decisions
/ of the proposed coming commission.
| thus relieving the commissioners Of
| onerous duties to hold hearings as
members of the Public Utilities and
Zoning Commissions.
Urges Annual Assessment.
| Third, that the law which now
provides that assessments OF real
property be made every two years
should be amended so as to pro-
| vide that such assessment shall be
| made annually. The reason for this
| is that increase in the value of prop
| erty. which has been very rapid re-
| Gently, should be reflected in the as
| sessments at an earlier time than 1t
| Is under the present law.
Fourth, that there should be some
| legislation modifying the law which
provides for assessments against
| abutting property owners for road
| way improvements. known as the
10 is. a
| eral feeling that the law should be
repealed in its entirety. he wrote,
adding that Congress might not be
willing to agree to this, but it seems
| to him that the assessments for
| roadway improvements at least
should be confined to the original
construction of the pavement and
not apply to maintenance or to re-
surfacing.
Congress has recently provided
gasoline tax law, based on the fact
that the use of highways by motor
vehicle traffic tends to the wearing
out Of the roadway surface, 1t was
added, and it would seem that the
maintenance of the roadway should
be covered by a tax on gasoline and
perhaps a higher tax on trucks ana
other heavy motor vehicle trafflc
which cause injury to roadway sur
faces. for which abutting property
owners should not be taxed.
Fifth, that the power of the Com
miss%oners to make police regulations
should be extended. The Commission
ers have had difficulty in the courts
in sustaining regulations because they
have been unable to show that slnl'
lar regulations existed In other Jurls-
dictions so as to comply with the
l. l.~;t <ff
word reasonable" is also believed to
be unnecessary, as the courts have
power. upon general principles, of de-
claring void all regulations which are
not reasonable" Further, the pow
ers of the Commissioners to enforce
police regulations have been limited by
law to imposition of fine. The Com
missionerS believe that they should be
empowered to enforce regulations I'M
der a statute which would authorize
the fining or Imprisonment of the VIC
lator.
Fir Department Data Given.
Commissioner Rudolph stated that
the commissioners forwarded to Con-
gress the draft of bill to extend
their powers SO as to include munich
pal general powers, and this bill Is
now pending before the House Dis.
| trict committee. This bill contains a
number of other features which the
commissioners believe to be outstand-
| ing. and the commissioners will be
| glad to have legislation along this
! line.
Mr.. Gibson inserted in the record
report of the chief engineer of the
| Fire, Department. asked for by the
| subcommittee, showing the organiZa.
| ton. personnel and location of each
unit of the Fire Department.
A letter from Justice Hoehling in
regard to various salaries ne has re-
| ceived from the Georgetown Cniver-
sity Law School since 1910 also was
| mt in the record.