The Washington times., 1913-09-02
NEWMAN IS CITED
IN CUSTER ACTION
Must Show Cause Why Writ to
4 Test His Eligibility Should
Not Be Issued.

Oliver P. Newman, Commissioner of
the District of Columbia, was cited by
Justice Wright, Of the District Supreme
Court, today to show cause within
twenty days, exclusive OF Sundays, why
a writ OF quo warranto to test his elgi-
Kitty to hold his office should not be
Issued against him.
This action followed a ruling by Jus
tice Wright permitting William ]. Friz-
Eeli, representing the home rule COM
mittee" to file an application for the
writ of quo warranto. The filing Of
the application WIS opposed by Attor-
ney jackson H Ralston, representing
Mr.. Newman.
When the application was first sub
mitted to the court last week Justice
Wright refused to permit IL to be
filed until Attorney Ralston had been
given an opportunity to make detailed
objections and argue his contentious.
Objections and exceptions were filed
I Mr.. Frizzell argued the matter for one
hour.
Holds Interest Sufficient.
Justice Wright held that the interest
OF Mr.. FrizzeIl in the matter was suf-
hcient to justify the filing Of his ap-
plication. Counsel for Mr.. Frizzell
were former Senator Joseph W. Bailey,
A. A. Birney, William ]. Neale, and
James n England, who argued that
even though he paid only $17s year
in taxes his interests must be re-
spected.
The proceedings to oust Mr. Newman
from office are based on the claim
that he was not a citizen of the Dis
trict for three consecutive years next
before his appointment by President
Wilson.
In the answer filed By Commissioner
Newman the declaration is made that
tse relator, William J. Frizzell, is not
entitled to bring this suit merely be-
cause he is a resident and taxpayer Of
the District, such facts not giving MIN
sufficient interest in the subject matter
to permit il. II is further declared
that Mr.. Newman was appointed Com
ident OF the United States, by and
with the advice and consent OF the Sen
ate; that his qualifications were fixed
by law, examined into and determined
not be reviewed by any judicial author
ity; that Mr.. Frizzell, with his attur-
ney. appeared before the committee Of
the Senate having the nomination in
charge. and objected to the confrma-
unanimously overruled
Declared Interests Would Suffer.
The answer states that no public in
terest will be served by the granting of
the writ prayed for by the petitioner,
but that on the contrary the exercise
OF public functions will he hampered
thereby. II is set forth that the three
Commissioners are now engaged in the
preparation OF the annual budget of the
District. involving the apportionment
and expenditure of about $l4 0O0 900 and
IA SFyHu nf
missioner Newman would result In
crippling the directing head and man
agement OF the affairs of the District
II also would hamper the work Of the
Public Utilities Commission, IL is de-
clared. as IL has pending a number of
questions that affect materially the in
terests OF every citizen and resident OF
the District.
The whole procedure is character
lied as ''an attempt TO invoke an in
fringement by the judicial authorities,
upon the powers. responsibilities, and
duties Of th' executive and legislative
branches OF the Government, which are
especially charged with the determina-
ton Of the qualifications of appointees
10 office and whose conclusions are
final as TO such matters committed
to them"
Dissents from Courts View.
In reference TO the opinion Of Jus
tlce Wright SoWUissloner Newman
had the following to say:
81 have been informed that Justice
Wright Of the District Supreme
Court, holds that the court has the
power to Dass upon the qualifications
Of the District Commissioners l dis
sent most emphatically from that
view.
Summing II all up, a Judge Of the
District Supreme Court proposes to re-
view the Presidents action in nomi-
mating me and the Senate's action in
confirming me for the purpose of de-
termining whether the President and
the Senate have properly performed a
function exclusively committed TO them
by law. I owe Il to them as well as
to myself TO resist In all lawful ways
ana to the extreme limit OF my rights
and ability what TO the lay mind at
least presents an extraordinary under.
taking on the part Of the court"