The Washington herald., 1913-10-22
|NEWMAN'S RIGHT
TO OFFICE VALID
Justice Anderson Holds Com
missioner May Retain
Position.
APPEAL TO BE TAKEN
Commissioner, Congratulated By Many
Persons, Says He Was Certain
Of Outcome.

President Wilson's nomination Of
Oliver p. Newman as District Com
missioner and the latter's eligibility
to the office yesterday we're sustained
by Justice Anderson. who dismissed
the proceedings Instituted against Mr..
Newman by William j. Frizzeli. repre-
senting the home rule" committee.
which took issue against the nominal
tion of Mr.. Newman ever since Presi-
dent Wilson announced his choice for
the ONCE. Counsel for Mr.. Frizzell
noted an appeal and the matter will
now go 10 the Court of Appeals. Bond
was fixed at 500.
Scores Of persons from every section
OF the District congratulated Commits
sioner Newman. They called In numbers
at the District Building TO express their
pleasure at the decision. and kept Mr..
Newfnan's telephone ringing throughout
the afternoon. Asked II he would COM
ment upon the outcome Of the case.
Commissioner Newman, last night, said:
Il did not realize until men and women
from all over the city began calling me
on the telephone and coming to my Of
fee TO congratulate me shortly before
noon this morning. that the attempt to
oust me from the ofilce OF District Com
iAiGoiOucls INT LllCSGQ pTOCGQuTG
in the court, had really been taken seri-
ously.
''It was SO perfectly plafh to me and
to my advisers that there was utterly
no foundation for a court procedure
that never doubted for an instant what
the result would be.
Certain of Position.
in fact, I was so certain Of the
soundness OF my position al d the lack
of soundness in the position OF those
who are attempting 10 oust me. that
completely forgot for days at a time
that such an attempt was being made,
recalling IL only when some friend would
ask my opinion as TO its ultimate out
come.
II have read Judge Anderson's opinion
In full and am impressed by It's scope |
and its soundness. I am also struck by |
the fact that it shows that the court |
made an exhaustive study of the case |
and gave thorough consideration to ftsi
II does not seem TO me that /
the court leaves anything to be said.
Being in fact eligible for Commits /
sioner Of the District OF Columbia, and /
that eligibility having been thoroughly |
and passed upon by the Presi-
dent and the Senate. 1 am gratified,
though not surprised, that the court has
so held"
Summing UP his conclusions, Justice
Anderson says: First. that the re-
lator (Wiiliam J. FrizzelD as a citizen
and taxpayer. merely is not entitled /
IN any event to institute this proceed
Ing. -
Necessity fer Dismissal.
Second. that even II he were. the
petition must be dismissed because IL
makes no showing that the determine
ion by the President and the Senate
Is to the qualifications OF the respon-
lent tOliver p. Newman) was reached
otherwise than in the exercise OF a
discretion. and, accord
ngiy their determination was final
Referring to the alleged right of
DIR. Frizzel to institute proceedings
Justice Anderson says:
1T would be an exceptional situation
md his right so TO do must be clearly /,
before the courts would be JUS
thed in permitting taxpayer, or other
ftiseii, to prosecute such proceeding
ven though these officers (the Attorney
ieneral and the United States Attorney
ad refused to do so on the request OF :
UGH taxpayer or citizen.
"Manifestly, 1t Is the policy where the
ight to hold public office not against
ome person claiming Il but against the O
eneral public, is involved. that the duty c
nd power to test such right by writ h
quo warranto rests with the public "
named in the statute, and
OF with a private citizen or taxpayer. liz
'ho has no interest In the ONCE, which $
not common to every other citizen c
nd taxpayer. Is
BY his petition, the relator, FrizzeIl. IL,
ases his right to institute this suit, IL
OF upon any interest he claims in the 8
nice that is not common to all other h
lxpayers and the general public, but In
IMPLY on the grounds that. being A
tizen and taxpayer OF the District, he
an interested person within the mean "
lg Of the statute. For the reasons al 4