Evening star., 1938-03-25
MLEAN GUARDIAN
.ASKSCOURTP PROBE
Report Raises Question Of
Legality of Commitment
to Sanitarium.
BY WILLIAM S. TARvER.


District Court was asked today to
consider whether the commitment OF
Edward B. Mclean, former publisher
of the Washington Post. to the Shep-
pard and Enoch Pratt Sanitarium. at
Towson, Md, in October, 1888. should
not be set aside since he was a resi-
dent Of the District and owned no
property in Maryland.
The request was made in a 200-page
report by Austin F. Garfield, recently
appointed guardian ad litem for Mr..
Mclean. At the same time the court
was advised to examine charges made
in 1885 as to circumstances surround
ing the sale OF the Post in June, 1888.
The court also was asked to consider
appointment of co-trustee to act
with the American Security 81 Trust
Co in managing the extensive estate
of John r. Mclean, late father of
Edward B. Mclean.
Report Held "Informa tive"
Mr. Canfield took pains to indicate
his report was only informative" and
recommended no decisions either way
on the various questions raised.
Mr.. Garfield was appointed on
January 81 after certain creditors had
sought to intervene in proceedings be-
fore the District Court auditor con-
cerning payment of claims against the
Mclean estate. About a month ago,
he made preliminary report, asking
and receiving authorization to make a
thorough study Of the proceedings in
the Baltimore County Circuit Court in
which Mr.. Mclean was adjudged in
sane and the subsequent handling OF
his affairs.
Mr.. Garfield said he had consulted
Admiral Mark L. Bristol, committee
that is trustee-for Mr.. Mclean and
Admiral Bristol's counsel. Neil Burkin-
shaw, and that they had informed him
"the sale of the Post might properly
be attacked up to the time Evalyn
Mclean. daughter of Mr.. and Mrs.
Edward B. Mclean, reaches her ma
jority."
The report then refers to charges
made by Col Julius I. Peyser. attor-
ney in prior negotiations concerning
bid for the Post which ended without
sale. These were made February g.,
1885, at hearing before subcommit-
tee Of the House Appropriations Com
mittee, which was considering the 1897
District appropriation bill
Mr. Garfield continued that the
charge was serious and declared
Il do not assert that the charges are
true, but l believe the court should
read and examine the same in con-
nection with this report"
The report contained q detailed ex-
animation of the involved transact
tions concerning the sale of the Post.
Praises Worth Of Bristol.
Turning to other phases of his re-
port. Mr.. Garfield said he had found
Admiral Bristol and Mr.. Burkinshaw
frank in their views about the case"
and added that he had no doubt both
had done a great deal of work and
should be paid for their services re-
gardless of the courts decision as to
the legality of the insanity proceed
ings
Although expressing no opinion as
to whether the Maryland proceedings
were legal. Mr.. Garfield pointedly re-
marked that Mr. Mclean never had
formed any intention to reside in that
State and did not own any property
there.
He said, however. he was satisfied
that Mrs. Evalyn Walsh Mclean, wife
Of the former publisher, had no ul-
terror motive in instituting the lunacy
proceedings.
He suggested that all claims against
the Mclean estate now pending be-
fore the auditor should be considered
with view to whether or not they
should be held in abeyance or possibly
denied.
He said claims of creditors "repre-
sent the staggering total of $780,
1853" and added that this sum will
be increased by at least $500. 900 should
Mrs. Mclean insist on payment to her
of accumulated alimony.
Mrs. Mclean was interviewed con-
corning her reasons for instituting the
lunacy proceedings in Baltimore rather
than in the District. and explained she
wanted to avoid the embarrassment
incident to public commitment pro-
ceedings here