Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-09-18
Justices of Appellate Tribunal
Pass Upon Commissioner
NeWman's Application.
GIVE ADVERSE OPINION
ON REQUEST FOR REVIEW
Petitioner Questioned Justice
Wright's Decision in Proceedings
Brought to Test Eligibility.

Oliver =. Newman. president of the
Board OF District Commissioners. must
defend before justice of the Su-
preme Court of the District of Columbia
his right to hold the office and exer-
else the functions of a civil Commits
Sioner Of the District.
The attempt by Mr.. Newman to avoid
appearance in that tribunal was thwarted
today when the District Court of Appeals
denied the application of counsel repre-
sentiug the Commissioner for the allow
ance of a special appeal Mr.. Newman
had sought to have the appellate court
review the decision of Justice Wright
that a taxpayer may institute proceed
ings IN quo w2rranto 10 test the eligi-
bility Of an incumbent in the office of
District Commissioner.
The petition of Mr.. Newman for the
special appeal before the merits of the
controversy had been heard and de-
tcrmined was Joined in by Solicitor
General Davis. by express direction OF
President Wilson. Mr.. Davis attached
his name To the request for the spe-
cial appeal as attorney for Mr.. New
man in conjunction with Attorneys
Isalston & Richardson.
The latter had appeared before Justice
Wright and opposed the right of William
!. Frzzell. a taxpayer. to institute the
proceedings, and had taken exception TO
the order of Justice Wright directing a
writ OF quo warranto to issue against Mr..
WV man.
Opinion by Chief Justice.
Chief Justice Shepard today filed an
opinion of the District Court of APP
peals. in which Justice Robb concurred.
denying the application and expressing
the conviction that the case should
take its regular course Of trial before
the lower court The court suggested
there seemed to be no reason for the
special action asked by counsel for Mr..
Newman.
The opinion is per curiam and consists
merely OF the following memorandum:
Special appeals from interlocutory
orders of this nature are granted only
when il is apparent that delay and costs
may probably be avoided by their allow
ance In cases of this character the
avoidance Of delay is of especial impor-
tance There seems to be no reason why
a speedy final determination may not be
reached IN the trial court that may be
appealed in due course and a complete
determination had that may lay the
foundation for further appeal. Without
considering the questions of law as pre-
scented, IL is our opinion that it would be
better to let the cause take its ordinary
course. and for that reason the applica-
Zion IS denied.
Admits of No Appeal.
Rs ltleTe - dpptdi llUlil Tire IcAdsdi
Of the District Court Of Appeals to en-
fertain the application of Mr.. Newman
for a special appeal. his counsel are ex-
pected TO note their appearance in the
lower court early next week on behalf
or Mr.. Newman. Then they will file
some return to the writ now outstanding
against the president of the board of
Commissioners to defend the question of
his eligibility.
What form the return will take had not
been decided this afternoon, according to
Attorneys Ralston and Richardson. 1t
was intimated that demurrer may be
filed I'm which could be thrashed out the
question of whether a mere taxpayer
has such interest in the office of Com
missioner as entities him to prosecute the
guo warranto proceedings.
Regarded as Tacit Admission.
The likelihood that demurrer would
tacitly at least admit the truth of the
All, cation made by Mr.. Frizzell that Mr.
:. Nlnan has not lived the required space
>! three years in Washington which
Constitutes eligibility to the office of
commissioner may deter his counsel
from proceeding by way of demurrer.
general plea of mot guilty may be
substituted in which both the law and
the facts would be called in question.
Counsel has until next Wednesday to
determine on the mode of procedure.