Evening star., 1939-02-11
f. B. Mclean WiI|inq
For D. {. Court 10
Pass on Mentality
Denies Jurisdiction of
Maryland in Control
Of His Estute

VI unS 6St0AS
Edward B. Mclean. former Wash
ington publisher, today signified he
was willing to have the District
Court pass on his mental COM
pentency.
The action was contained in an
answer filed with the court In re-
sponse to an order to show cause
why Mr.. Mclean should not be ad-
Indicated insane.
Filed by George B. Fraser, at
torney for the publisher, the docu-
ment stated Mr.. Mclean is now
under involuntary restraint" at
Sheppard and Enoch Pratt Hos
pital, Towson, Nd, where he was
taken illegally and unlawfully" in
September 1888, while sane"
Because of such involuntary re-
straint, the answer declared, Mr..
Mclean is unable personally to
come into court in response to said
rule to protect his own rights or his
property rights.
The answer further states that Mr..
Mclean has never been resident
of Maryland and, as resident OF
the, District, denies the jurisdic-
ton of the State of Maryland to
assume control over his person or
estate, and claims that his consti-
tutional rights as citizen OF the
United States have been entirely
ignored and disregarded."
Appointment Called Void
Through his attorney, Mr.. Mclean
said the rule to show cause was the
first notice he had had of the pro-
ceedings involved, and therefore "the
appointment of an ancillary commit
tee for him is void in so far as it
affects any of his property rights"
Therefore Mr. Mclean requested
that the order appointing Mark L.
Bristol ancillary committee be re-
voked.
Mr.. Mclean said he was in full
accord with the courts appointment
of Austin F. Garfield as guardian
ad litum, and added Mr.. Garfield
had faithfully and courageously
performed a service both to the
court and the respondent in his in
vestigation. The answer stated Mr..
Mclean is desirous that his creditors
be paid out of his estate such
amounts as are justly due. "and re-
grets that, due to being deprived of
his liberty as we'll as not having
possession of his estate, he has been
unable to make payment to his
creditors"
Mr.. Mclean was represented as
further believing that the First Ma
tional Bank of Cincinnati has a just
claim for 42,500 against his estate
and should be entitled to payment.
But" the document continued, Mr.
Mclean believes that all creditors
should be treated alike on the pro
rata basis without priority or pref
erence being given"
Cites Income Tax Interest.
However" the answer continued,
"the respondent does not under
stand why the income taxes due the
Government for the years 1888, 1884
and 1896, amounting to approx
imately $97.574, which income tax
returns were no doubt filed by Mr..
Bristol, were not paid to the Gov
ernment out of the respondents in
come for those years instead Of
allowing interest and penalties to
accrue"
OF Mr.. McLean's willingness to
have District Court pass on his
mental competency, the answer said:
The respondent has no objection
to this court determining his mental
| competency and, in view of the in
voluntary restraint of respondent,
prays that this court will issue the
necessary order or mandate to Mr..
Bristol requiring him to produce
respondent in this court SO that his
mental competency may be deter
mined. or that the court will pass
such other order as may be neces-
sary to require the production in
court of respondent so his mental
competency may be determined"
The answer further stated that
because of Mr.. McLean's involun-
tary restraint he has been denied
the opportunity of seeing his
friends" being allowed to see only
such persons as his former wife,
Mrs. Evalyn Walsh Mclean, whom
he divorced in Latvia, and Mark l..
Bristol, nominated by counsel for
Mrs. Mclean, desire have access to
him.
The answer concluded with the
statement that Mr. Mclean deems
it premature at this time to con-
slider any question of the appoint
ment of new guardian or commit
tee for his person and estate until
after there has been judicial de-
termination by the court of his
mental competency or incompetency