Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-06-29
TO FIGHT newman
FROM NEW ANGLE
Opposition Claims Acts by
Him as Commissioner Might
Be Contested as Illegal.
Meeting OF TAXPAYERS
CALLED TO SIGN PROTEST
Senators Sitting Objections to Col
poys as Excise Board Member.
Nominations Not Acted On.

new attack may be sprung bv the
opposition to the confirmation of Oliver
r. Newman az one OF the Commissioners
Of the District of Columbia on the
ground that certain acts OF the Com
missioners might be contested as illegal
II any doubt were TO exist as to the eiigi-
board.
This became known last night, although
poll Of the views of number OF
Washington attorneys developed the fact
that there Is a difference OF opinion as
to whether the question of the eligibility
OF member of the board of Commits
sioners can be brought collaterally be-
fore court for determination
Local democrats who claim that Mr..
Newman has not been an actual resi-
dent OF the District OF Columbia for three
years-actual residence of this length be-
ing an eligibility requirement tor ap-
pointment as Commemorative been
Investigating the question OF whether
contracts entered into by the District
heads could be set aside on an action
brought charging that one member of the
commission was ineligible to serve.
Contracts Might Be Challenged.
1t was suggested, for example. that an
unsuccessful bidder might challenge a
contract by setting up a contention of
this character, which would result in
ity of Mr. Newman's appointment be-
fore a court for determination.
Suggestion also was made that the va
lidity of the assessment roll. which re-
quires the signatures of all three Com
mssioners, might be attacked on sim
liar grounds, although this is regarded as
decidedly a remote possibility.
Corporation Counsel +. n. Thomas is
of the opinion that the eligibility Of a
Commissioner cannot be collateraliy at
tackled in court. He pointed out that such
an official. who has been regularly ap-
pointed and confirmed. is commission
de facto and that the legality or his
acts as such cannot be questioned.
Quo Warranto Proceeding Suggested
Similar views were expressed by other
attorneys. some of whom. however, sug-
gested that the question of the eligibility
of a Commissioner might be brought be-
fore a court by a quo warranto proceed
ing.
Whether a mandamus proceeding could
be brought to prevent the execution OF
certain contracts on the ground that one
of the members of the board OF Commas
sioners is ineligible is another phase OF
the situation that is being considered ana
concerning which. according TO state
ments made to The Star there is con-
siderable difference Of opinion
II is pointed out by those opposing the
confirmatio of Mr. Newman that the
legal aspects Of the question in SO far a.
they may affect the contractual obliga-
lions Of the District to be entered into oy
the next board OF Commissioners, should
be considered now. rather than that a
delay should be occasioned by the raising
Of these points later.
Organize Against Newman.
Terming themselves the District OF
Columbia Home Rule Committee" w
]. Neale and his friends. who are op'
posing the confirmation of Oliver p
Newman as one of the District Com
missioners. last night began an active
fight to interest taxpayers in all parts
of the city in their movement: They
are against Mr.. Newman as Commits
say. he does not meet the legal require
ment of having been an actual
resident Of the District for the last
three years.
with his friends, last night began send
ing out notices of their meeting. which
is scheduled for tomorrow night, at the
old Masonic Temple. The announced
OUJcSt VI tuiS Injecting 10 " oiSeuSS thC
eligibility Of Mr. Newman. and to frame
a protest to be sent to the Senate Dis
trict committee against his confrma-
ton.
There is absolutely no politics in this
movement" said Mr.. Neale last night.
1T should be evident that this is true.
because those of us who are democrats
cannot help but do ourselves harm with
the administration by opposing Mr..
Newman's appointment. We believe that
the District should be run by District
men, and are willing to fight to have
tho Jow upheid''