Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-08-20
Says Order Is Null and Voil.

For the reasons herenbefore stated.
your petitioner AYERS that there was no
board Of Commissioners of the District
Of Columbia when the alleged order was
passed; that the said Oliver p. Newman
is not, and never has been, Commits
sioner of the District of Columbia, that
there was no quorum of the board of
Commissioners of the District of ,Colum-
bia, and that the defendant Chester Hard
ing never signed the said alleged order;
by reason whereof, and other the matters
and things hereinbefore stated, the said
alleged order was wholly beyond the
power and jurisdiction of the said de-
PENDANTS, or any of them, and is null and
void. and without effect in law
your petitioner further AYERS that no
charges or specifications were presented
showing his inefficiency, neglect of duty
or malfeasance in office, nor were any
charges or specifications whatever either
prepared or presented, nor was any
notice of any such charges or specifica-
tons given to your petitioner, nor was
your petitioner afforded any opportunity
whatever to be heard in opposition to
any charges or specifications charging
him with inefflclency, neglect Of duty, or
was any hearing of any kind ever or
dered or had upon any such charges or
specifications: but the said alleged order
was passed summarily by the defendants,
OuVeT r. newman, FREDERICK h S3lQQONS
and Mark Brooke, in violation of law and
the rights of your petitioner in the prem
Uses, and said alleged order Is therefore
null and void and of no effect in law.
Charge Without Foundation.
Your petitioner further AYERS that he
has not been guilty Of any act or acts
constituting neglect of duty or malfeas-
ance in office. or inefficiency; that he has
never neglected his duty. nor has he ever
been charged with SO doing; that he Is
not inefficient, but has from the date of
his appointment down to the present time
efficiently and faithfully discharged every
duty pertaining to the said office; that
he has never in any respect whatever
been guilty of any act or acts consti-
tuting malfeasance in Office. or affording
any foundation for any such charge
against him.
Your petitioner further ayers that in
virtue Of the said alleged order, the de-
l.. Siddons and Mark Brooke, pretending
to act as the board of Commissioners Of
the District of Columbia. have caused
Edward w. Oyster. named in said alleg-
ed order as an assistant assessor in the
place and stead of your petitioner, to be
sworn in as such assistant assessor and
to usurp intrude into and unlawfully
hold and exercise the public office which
Is lawfully held by your petitioner. and
by the aforesaid acts Of the said de-
PENDANTS they seek unlawfully to deprive
your petitioner of his said Office and of
the right, duties, privileges and emolu-
ments thereof.
Asks Aid Of the Court.
Because said alleged order was
wholly beyond the power and jurisdic-
ton of the board of Commissioners of
the District Of Columbia, and especially
of the defendants. oliver p. Newman.
Frederick L. Siddons and Mark Brooke.
who signed the same. ana as your
petitioner has no other remedy against
the said alleged order except by the
writ OF certiorari to quash the same.
your petitioner AYERS that he is en-.
titled to the aid of this court
1.-THE premises considered. your neti-
toner therefore prays that the writ
OF certiorari may go to the defendants
commanding them to send up to this
court the said order and the record and
proceedings relative thereto, to the
end that the same may be reviewed
and quashed and Justice thereby he
done in the premises