The Washington times., 1926-06-08
SITUATION WELL N HAND
FENl|N5
]. s. OFFICER

IS & Is 4
Activities Ii the fleming irnpeach.
ment case were almost 1T . stand
still 1T the Capitol today. following
yesterdays riot at the closing ses.
sion Of the House judiciary Com
nlittee.
The COMMITTEES concluded its hear
inEs late yesterday and win not
meet again until next week. when
1t win 80 into executive session to
consider the evidence and the
points OF law involved.
Today,s Developments IN the ease
are confined To the office Of Rep
resentative John y. Rankin Of Miss
issippi. one oE the storm ceuters In
yesterdays fight. who now is en-
gaged In preparing d brief on the
legal issues OF the case.
Representative Ranlkinss brief, 1t
was indicated today. viii 90 thor.
oughly into the question Of whether
Commissioner Frederick A. fleming
IL an impeachahle officer.
He win contend that fleming -
q Federal official, appointed as all
other Federal officials are ap-
pointed and governed by laws passed
by the same body which enacts the
laws Tor all other Federal 0f eicials.
He VIII point out. It Is under.
stood, that Commissioners fleming
expends only such funds In His
official capacity as are provided by
the Federal Government.
Representative Rankin also will
contend that Jennings official
status Is such that the only power
provided by the Constitution for his
removal IL impeachment by Con.
gress.
Representative Rankin, by direc.
ton Of the Judiciary Committee,
also Is preparing D secondary brief.
In case the committee rejects the
plea for impeachment, suggesting
other courses which may be fol.
lowed by the House. He has been
given until Thursday night to COM
plete the two briefs, copies of
which must be filed at that time
with the Judiciary Committee and
with Jennings counsel.
The defense counsel, headed by
Frank J Hogan, the other princi.
pal in yesterdays battle. has been
granted 48 hours following the com.
pletion Of RanIsin's briefs IL which
to file briefs in reply.
Mr.. Hogan plans to have copies
OF his brief printed and distributed
to members Of the COMMITTEES and
other members Of the House direct.
ly interested, including Representa-
tive Rankin and Representative
Thomas L. Blanton OF Texas, author
OF the impeachment charges, who
was forced to retire from the case
because of Ill health.
Representative Blanton. before
leaving last week, filed two briefs
with the committee, one covering
the question of impeachability and
the other on other legal questions
involved.
All Of the briefs, together with
printed copies of the testimony and
the court records in the case, will
be taken up by the committee in
executive session beginning Monday
or Tuesday Of next week.
Final decision by the committees
is expected before the end Of next
week.
In the meantime the House Dis.
trict subcommittee, the first group
suit of charges against Commits
sioner Fenning, will attempt to-
conclude its work.
The subcommittee was IN exceed
tive session last night for the
confederation of it's formal report
to the full District Committee,
which probably will be made to.
morrow.
The report win cover two
months of investigation into con.
ditions in the District Government.
Representative Ernest w. Glib.
son, Of Vermont, chairman OF the
sub-copmittee, has recommended
that joint Congressional commit
tee be created to continue the III.
vestigation this summer, with al
view to q. complete Cleanup" Of
the District Government in the
short session Of Congress next win
ter.