The Washington times., 1926-07-19
Continued from Page 81

Maine. a member Of the Judiciary
Committee, also made public today
n long statement in defense OF
Commissioner fleming, in which
he roundly scores Jennings foes.
He paints the Commissioner as an
innocent, prosecuted man.
The only point in connection with
"a impeachment charges which
Repre- rtative Hersey thinks
worthy Of consideration" is the
demotion of Police Captain Albert
J. Headley from the rank OF M
spector in charge of traffic.
On this point he says the blame
must be equally shared BY the
other Commissioners.
Representative Summers made
light OF the argument that the
Commissioners are subject to q
municipal corporation which
governs the District.
Such q government, he declared,
would be physically impossible
without the granting Of suffrage
to District citizens.
shows Districts HeIpIessness
He declares there Is no power
in the District to which Congress
could delegate the authorities Of q
municipal corporation, since the
people OF the District are not
sovereign and cannot vote. He
argues as follows:
with no judges Of its creation
or under its control, with no
legislators OF its creation, with no
executive officers Of its creation
or under its control, and without
single voter within the District,
what is this local municipal gov.
eminent the Judiciary COMMITTEES
talks about?
where Is IL?
where is its sovereignty?
ssWhere is the material out Of
which d local municipal govern
nl0nt could be constructed?
ct does not exist.
He declares that the District Of
Columbia meets none Of the tests
OF municipal. or OF any other
government. In any sense OF in
dependent power or authority.
There is no sovereignty except In
the United States Government, he
declares.
Representative Hersey made =
passionate defense of fleming. He
has consistently defended the Com
missioner both on the floor Of the
House and in the Judiciary Com
mittee.
Hersey was accused Of starting
rumor fleming would resign in
order to block action by the House
on the adverse reports OF judiciary
Committee members.
There never was b human char.
acter, however stainless, Hersey
said, that was secure against the
attacks Of falselood, the assaults Of
the political den1agogue and the
prejudice OF the mob"
Hersey Attacks BIanton y
Hersey declared that up to the
time charges were made against the
Commissioner on the floor by Repre-.
sentative Thomas i. Blanton of
Texas, Fenning had enjoyed an ex-
cellent reputation as q good citizen.
a man of industry and honesty, and
one who had the confidence Of the
people and Of the bar. of which he
was an honored member
Hersey charged Blanton with hav.
ing placed in the Congressional
Record many affidavits and state
ments from witnesses that would
not be admissible in court to prove
his charges against Mr.. Fenning.
and proceeded to make very rash
statements, presumably under the
Immunity granted him by the Con-
stitution, whereby member could
not be called to account outside Of
Congress for anything said In Con-
gress."
Hersey declared that the majority
of the judiciary Committee found
that none Of the 50 charges OF i'm
parchment were proven"
The report, which Hersey signed,
however, held that Jennings bond
ing practices were illegal and con.
trary to law" ~
Recalls HeadIey's Case
OF the Headley case Representa-.
tive Hersey said:
There is one charge made by
Mr.. Blanton out Of the "a that per.
haps ought to receive a moments
consideration.
"It is the charge that since Mr..
Fenning became Commissioner Of
the District of Columbia, little
over a year ago, he has done GER
tain things as Commissioner for
which he should be impeached, to
wit, that he has illegally denoted
several police officers, the most
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