Evening star., 1926-05-18

6 STAR, WASHlNGII
of the person looking for fees instead
of the person whose property IS en-
dangered. Justice Mccoy said, i
agree with you"
Mr.. Gilbert again emphasized tnat
this line of questioning was TO dlVuiEe
the practice of the court and not dl
rected against the integrity of the jul
dietary or with any thought OF dlsclos
ing corruption.
Mr.. Blanton questioned regarding
statute limitations on auditors 1eeS
and Justice Mccoy explained that
that limit was for sheer examination
Of assets and not when trying the
case. Mr.. Blanton pointed out that
the court had allowed Miss Helen
Losano, a stenographer in. Mr.. Fen
ning's office. notary fees in many
cases out of the estates Of she'll
shocked veterans. AT this stage JUS
tice Mccoy said, please don't ask
me to pass on something | may have
to pass upon later in court.
Served Paper on Lunatic.
Mr.. Blanton questioned Justice Nc
Coy regarding the Charles l.. Gun
ntngham case, in which Paui V.
Rogers and Mr.. FenHinS appeared
as attorneys and in which the L. ).
marshal got a fee for serving paper
on a lunatic confined in st. Elizabeth S
to show cause. The Justice said, Il
confess | never saw much use in IT.
but we've got to serve on some one.
Mr.. Blanton also read letter from
Justice Mccoy to Paul V. Rogers, ad-
vising him regarding the method OF
filing papers in court and under what
section of the law. Mr.. Blanton asked
us it the drty of the court to in
struct an attorney how to practice
law" Justice Mccoy explained that
the time of the court was in a large
measure consumed with givini; advice
to old and young attorneys regarding
the formalitieS and procedure. MI
Blanton contended that in view of the
fact that the court knew that Mr..
Rogers and Nh Fenning were aSso-
ciated in the practice of law they
have been granted big attorneys fees
for a small amount of work. Justice
Mccoy answered, Il believe that any
attorney in the District would not
have asked less for what was done Ill
the Cunningham case.
Mr. Blanton called attention to the
report of Auditor Davis on the Adolph
Adler case. and that Mr.. Fenning has
taken an appeal and fortified himself
with three astute lawyers. Mr.. Blan
ton contended that this was very
important case, affecting every vet
eran that was sent to France. and that
the people ought to be represented III
the appeal trial. He asked if the court
would allow the Gibson subcommittee
to appoint a friend of the court TO pre-
sent a brief or if the court would on
its own motion appoint a friend or the
court. Justice Mccoy said that the
court had no authority To appoint any
one to represent the people, but that
he thinks the matter is Of suif1clent
Importance to be tried out.
Justice Hitz Called.
Mr.. Gilbert called Justice William
Hitz and questioned him regarding an
order he had signed at the solicitation
of Mr.. Fenning to allow Rhllitp Berg
then in ST. Elizabeth's and declared to
be of unsound mind, to make VIII.
Justice Hitz said that he never kne"
of such a thing being done before or
since in the so years history of the
local court He said he Thought the
order was perfectly sound in law ana
that the patient had repeatedly re-
queSted that he should be allowed IL
do so. in fact. He said. however. ulat
at the time he had stated that the or
der was surplusage. When Mr.. Cal
bert said that the court should nN
have permitted itself TO be used in
that way" Justice HitZ answered: 1t
is easier to look back than forward.
Mr.. Blanton asked Justice Hitz 1r, at
the time he signed the order, he did
not think IT was all foolishness and a
4. lon% ;y,F hn hn a CT
at the time and had looked over at
two reputable lawyers and Winked
when he did il.
Mr. Rlanto1 showed that Mr.. Fen
ming had drawn fees for five years
as guardian of Phillip Berg, that ir
the will he had allowed this young
man to disinherit his mother. and that
he had died three months after max
ing the will that Mr.. Fenning haC
attempted to become executor by fill
ing the will for probate, and had beer
stopped by a caveat.
Mr. Gilbert criticized the failure
of the court TO look carefully into
the papers in such cases.
Too Easy to Get Writ.
Justice Hitz discussed the proposal
now under consideration by the
'TlDSOn subcommittee To grant every
one of the more than 200 now in St
EliZabeth's who have never beer
committed an opportunity within so
days to determine whether habeas
corpus proceedings should be insti
tuted. Justice HitZ said that he be
lieved this should be done only with
the greatest deliberation and on the
advice Of doctors and lawyers of the
highest class, independent of any
Government institutions.
Both Justice Hitz and Justice Nc
Coy gave the Gibson subcommittee
specific illustrations Of inmates of the
asylum who had been discharged as
cured and who had shortly there
afterward committed suicide. Justice
Hitz said that lit is as easy to get
a writ of habeas corpus as it Is to get
marriage license, and it is too easy
to get either.
Justice Hitz advocated establish
ment of a permanent lunacy com
mission Of lawyers and doctors, who
would make not only one examina
ton but several before recommend