Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-09-08
COMES TOFRQNT
FOR p. NEWMAN
President Takes Hand in De-
tense of District Com
missioner.
U. S. SOLICITOR GENERAL
APPEARS AS COUNSEL
Attorney General Also to Aid Presi-
dents Appointee to Defend
Right to Place.

President Wilson has directed Attorney
General McReynolds to aid actively in the
defense OF Oliver p. Newman. president
of the board of District Commissioners,
whose eligibility is drawn in question by
quo warranto proceedings pending in the
District Supreme Court. The weight of
the influence of the general government
is added to Mr.. Newmans application for
the allowance Of special appeal, filed
last Saturday in the Office of the clerk of
the District Court of Appeals. This was
made evident today when Solicitor Cen
eral Davis added his name to counsel for
Mr.. Newman on the application papers
Attorney Ralston Q. Richardson. orig
inal counsel for the Commissioner, ex-
planned today that the name Of MIR. Nc
Reynolds would also have appeared on
the request for a special appeal, but for
a temporary absence of that official from
the city.
Committee Request Refused.
Attorney General McReynolds declined
to comply with the request of the 'home
rule" committee that he institute the
proceedings to test by quo warranto the
Office and exercise the functions of Dis
trict Commissioner.
The joining of the name of Solicitor
General Davis to the array Of counsel
for Mr. Newman is regarded as indicat-
ing the reason for the refusal to begin
the test proceedings.
After Attorney General McReynolds had
declined to begin the litigation, Acting
United States Attorney Proctor followed
his example and also refused to start
the inquiry. w. ]. Frizzell then began
quo warranto proceedings in his own
name as taxpayer.
After hearing objections from counsel
for Mr.. Newman, Justice Wright de-
cided that taxpayer has such interest
in the Office of District Commissioner as
entities him to submit for determination
to the judiciary the question as to the
To Review Finding.
1t is to have this finding of Justice
Wright reviewed that the motion for an
allowance of a special appeal has been
well as to have review of the order
of Justice Wright directing the quo
warranto writ to issue.
The latter order directs Mr.. Newman
to appear in court within twenty days
and defend his right to continue to act
as civil Commissioner of the District.
Appearance Is Surprise.
The appearance of the law officers of
the general government in the proceed
ings today came as q distinct surprise to
counsel for the "home rulers" Beyond
expressing surprise, the lawyers declined
to discuss the matter for publication.
The application papers containing the
concurrence Of the solicitor general
reached Chief Justice Shepard of the
Court of Appeals today. AS it is neces-
sary that two justices participate in the
granting or refusal of the request, it is
expected the Chief Justice will forward
the papers to Justice RObb, who is spend
ing his vacation in Falmouth, Mass.
1t may be several days before a deci-
sion by the court is received, according
to the clerk of the appellate court.
Effect Of Appeal.
The granting of the special appeal
would have the effect, 1t is stated, Of
deferring the answer of Mr.. Newman to
the quo warranto writ, as the lower
court would hold In allegiance the pro-
ceedings there until the higher tribunal
had heard and disposed Of the appeal 1t
might be necessary, however. for Mr..
Newman to give a supersedeas bond to
the lower court. but it is considered like
ly mere nominal penalty of bond would
be required.