Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-08-29
NEWMAN TOF|GHT
SUIT TOOUST HIM
Opposes FrizzelI's Request for
Leave to Bring Quo War
ranto Proceedings.
DENIES THE petitioner
HAS STANDING IN LAW
justice Wright Gives Counsel Until
Tuesday to Prepare for
Arguing Case.

Arguing Case.
olVer L. Newman will contest yigor-
ously the attempt of the ..home rule
committee to have the District Supreme
Court pass on the question of his
eligibility to the Office of a civil Conn
missioner of the District OF Columbia.
Ihroush Attorney Jackson H. RaIston.
Mr. Newman today opposed the allow
ahce OF leave to w. j. Frizzell, as a
ci'i1en and taxpayer, to file a petition
Tor the issuance of a writ in quo war
ranto directing Mr.. Newman to show
by what warrant of law he holds the
oHce and attempts to exercise its func.
tions
Attorney Ralston appeared before Jus.
uce wright in open court, when the pe-
tition for leave to institute the proceed
inss mn was presented by Attorneys Joseph
w. Bailey. former senator from Texas:
AItnur A. Bfrney. former United States
attorney for the District of Columbia
Mliliam J. Neale and James n. England,
objected to the leave to fle'' being
granted. saying that several important
questions of law should be determined
preliminary to passing on the question Of
filing ,ne paper.
Standing in Law Questioned.
Counsel for Mr.. Newman claimed that
Mr.. Frizzell has no standing in law to
invoke the issuance Of a quo warranto
because he has no interest In the Office
He urged that while the law reads that
any one may make the application under
given conditions that II has been gener-
ally held to mean that such proceedings
may be maintained only by a person
having an actual interest In the Office.
such as contestant for the position or
some one who would hold over il the In.
cumbent We're disqualified.
After an extended argument between
counsel. Justice Wright gave Mr.. Ralston
until next Tuesday to collate the authori-
ties which the latter claims supports his
contention that Mr.. Frizzell is not en-
titled to bring the matter before the
courts. Justice Wright stated he would
give each side thirty minutes for argu-
ment next Tuesday. Mr. Ralston pleaded
for more time. declaring that the proper
presentation Of the matter would take
considerable time, but the court declined
to enlarge the argument.
Sues as Taxpayer.
Senator Bailey and :. .ttorney Btrney.
who sustained the claim OF the home-rule
committee in the remarks before the
court urged that Mr.. Frizzell in his
capacity Of taxpayer and citizen is clear
ly entitled to leave to file his complaint
attacking the eligibility OF Mr.. Newman
on prima facie showing by him that the
incumbent of the Office is disqualified
under the law because OF the residence
qualification fixed by the statute. On
this showing counsel contended the
leave to file should be granted as a mat
ter OF course.
Counsel for the home-rulers also urged
that there exists an imperative public
need Tor action in reference to the right
m ftv,r..
else the duties Of Commissioner. Mr..
kalston denied that there is any press
ing need for such action and declared
M. Newman is efficiently filling the
ONCE He also pointed out the the re-
fusal of Attorney General McReynolds
and Acting United States Attorney
Proctor to institute quo warranto pro-
ceedings indicated the absence of any
pressing demand for such action in the
public interest. He urged that had the
public interest demanded it, Attorney
General McReynolds would have been
willing and ready to begin the proceed
ings.
Cites Refusal to Act.
Senator Bailey and Attorney Birney de-
clared that the latter statement of Mr..
Newmans lawyer was a mere inference
on his part. They offered to show to the
court the correspondence with these two
that either considered the public interest
did not demand the filing of the proceed
ings. 1t was pointed out that each Of
fetal merely declined to comply" with
the request and assigned no reason for
the refusal
AS a parting shot, Mr. Ralston sug-
gested that he expected to show that
Mr.. Frizzell has interest i'm the Office
of District Commissioners and had In
stituted the proceedings to annoy and
haraSS Mr.. Newman, whom he claimed
Is competently filling the office. Mr.
Ralston asked for a postponement of the
matter for ten days, but when counsel
for the home rule committee strenuously
objected. Justice Wright set the matter
down for argument next Tuesday.
Text Of the Petition.
The petition Of Mr.. Frizzell declares:
That he is citizen of the United
States and a resident of the District of
Columbia and a taxpayer therein.
THAT by an act of the Congress of the
United States. approved June H. 1878.
there was provided a permanent form OF
government for the District Of Columbia:
that among other things it was by said
act declared that the District of Columbia
should remain and continue a municipal
corp ration. and that the President of
the United States, by and with the ad-
vice and consent of the Senate, should
appoint two persons who, with an officer
Of the Corps of Engineers of the United
States Army, whose lineal rank shall be
above that of captain. should be Com
missioners Of the District of Columbia,
and that the official term of said Com
missioners thus to be appointed from
civil life should be three years and until
their successors should be appointed and
qualified
"And 1t was by said act further provid.
ed as follows:
THAT two persons appointed from civil I
life shall, at the time of their appoint
ment be citizens of the United States.
and shall have been actual residents OF
the District of Columbia for three years
next before their appointment, and have
during that period claimed residence no.
where else.
Your petitioner further gives the
court to be informed that on. to wit.
the 26th day of June. 1913. the Presi-
dent of the United States nominated to
the Senate one Oliver p. Newman to
be one of the Commissioners of the
r3.<r;ct of Columbia aDnoinfad Prom