Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-09-02

removal by the President at any time
and that a writ of quo warranto will
not lie in any instance where the ap-
pointee is at all times subject to re-
moval by the appointing power.
Public Interests Not Subserved.
'5 That no public interest whatsoever
will be subserved by the granting of the
permission and writ prayed for by the
petitioner, but that on the contrary the
exercise of the public functions intrusted
to this proposed respondent will be ham,
pered and interfered with; that. by way
Of illustration, this proposed respond
emit says that at the present time IN the
division of duties among the severaI
Commissioners he Is given charge, among
Eother departments of the munlc1pal gov
eminent of the offices of the assessor and
assessments auditor, tax collector. board
Of charities, Washington asylum ana
Jail workhOuse, disbursing Ofncer, legal
department, superintendent OF lnsur-
ance, public schools and others; that dur
ing his period of incumbency In ONCE ne
has sought to familiarize himself with the
workings of these several Offices as well
as the other departments of the District
government, and to a large extent has
done so; that il he Is removed from ONCE
the interests of the District Of Columbia
will be prejudiced by reason OF the fact
that a considerable interim OF time must
successor and such successor could be
confirmed by the Senate, during which
time his associates would be compelled as
best they could, and without having given
preliminary study, to perform the duties
now devolving upon him.
Interference With Current Business.
THAT furthermore the three Commits
sioners Of the District Of Columbia at the
present time are engaged in the prepare
ton of estimates for the disbursement Of
the funds of the District for the fiscal
year ending June 80 1915; that these esti-
mates involve the apportionment. control
and expenditure Of about fourteen mil
lions of dollars and thousands or items
Of varying size: that this estimate has to
be completed by October 10, 1913, and
that to do this work, in addition to the
current work devolving upon them, Will
require the continuous and uninterrupted
attention Of this proposed respondent and
his two associates, and that a Judgment
of custer against him would, therefore,
result in Gripping the directing head and
MANAGEMENT of the affairs of the District
Of Columbia in respect to the matters
stated.
THAT there are now pending before
the board Of Commissioners of the Dis
trict of Columbia for execution con-
tracts involving the expenditures of
hundreds Of thousands OF dollars; that
been familiarizing himself with the
conditions and requirements surround
ing said contracts. with view to exc
cutting as speedily as possible such as
should be executed and taking such
other steps with relation thereto as
the interests Of the District require;
that his custer at this time would
throw additional and unexpected bur-
dens upon his associates and delay nee
essarily the signing of contracts for
improvements, material. constructions
and supplies urgently needed in the
District Of Columbia, and would result
in inconveniencing and tnjuring in a
large measure great bodies of inhabi-
| tants of said District.
Has Additional responsibilities.
THAT as member of the board of
Commissioners Of the District of CO.
lumbia this proposed respondent is
also member of the public utilities
commission. consisting Of the other
members of the board and himself: that
there are now pending before said
public utilities commission. unde-
| termined but receiving the active con-
| sideration of each member, at least
| three controversies affecting the In
terests Of practically every citizen and
resident of the District OF Columbia,
and that his custer at this time would
delay and undoubtedly postpone until
| his successor could be appointed and
qualified. the determination of each Of
| these three cases, materially affecting
| the interests of the public of the Dis
| trict OF Columbia and of the public
utilities corporations concerned there-
lin, all of whom are entitled to a rea-
sonably speedy determination of the
issues.
IS. That the Attorney General of the
United States and the United States at
torney for the District Of Columbia have
both refused to file the petition in quo
warranto asked for by the proposed re-
| lator and that their action was based
upon the fact that no public interest
would be subserved in the presentation
| thereof, and that such action on their
part should be conclusive upon the dis
erection of the court in the premises and
result in a refusal to permit the filing of
| the petition herein, no facts having been
offered by the proposed petition in oppo-
sition to the said conclusion Of the At