Evening star., 1914-08-10
Commissioner Must Show
Cause Friday Why He Should
Not Be Punished.
JUDGE STAFFORD ACTS
ON FRIZZELL'S PETITION
Taxpayer Attacks Efficacy of Super
sedeas Bond to Restore Him to
Office Pending Appeal.

oliver P Newman. president of the
board of District Commissioners. was
cited today for alleged contempt OF
court Justice Stafford of the District
Supreme Court on a petition of Will
liam ]. Frizzell. the taxpayer who Is
testing the eligibility of Mr.. Newman.
issued a rule on the Commissioners to
show cause Friday why he should not
be adjudged in contempt of the custer
Judgment rendered July Z. and why he
should not be punished for such con-
tempt.
The petition of Mr.. Frizzell was pre-
scented to the court by Attorneys Ar
thur A. Birney and Neale & England
of counsel for the taxpayer. IL ao-
yises the court that MIR. Newman was
found to be ''usurper and was
ol,sted from the office of District Com
missioner, but that in disregard OF the
courts decree he has continued TO ex-
ercise the functions of the office
The petitioner declares Mr.. Newman
has relied on a supersedeas bond as re-
storing him to the office OF commas
sioner pending the action of the D1s-
trict Court of Appeals on a review OF
the Judgment of custer. The efficacy
of the bond is attacked by Mr.. F'rizzeH.
who explains to the court that II can
not have the effect claimed for 1t py
Attorneys RalSton q RlcnaroSon, couhSei
for Mr.. Newman.
Corporation Counsel Syme has rem
dered an opinion, il is said, ADVISING
Disbursing officer Wilson that he could
pay Mr. Newman'S salary, holding the
supersedeas bond sufficient to stay the
custer of the Commissioner.
Court Peruses Authorities.
Before signing the rule to show cause
Justice Stafford perused carefully
short brief prepared by Attorney Biz
ney. setting forth the authorities. on
which he relied in asking the court 10
cite the Commissioner for contempt.
The petition Of Mr. Frizzen states Your
relator AYERS and charges and so the fact
is that oliver P. Newman. in defiance OF
said Judgment. has wholly disregarded the
same and has ever since the rendition
thereof continued to act as II he were
Commissioner Of the District of Columbia
and to concern himself as such in the OF
fetal business of the said office and to
intermeddle with the liberties, privileges.
franchises Of said Office and to exercise
the powers thereof as he did before the
rendition of said Judgment. and falsely
assuming and pretending to be a Com
missioner of the District of Columbia, has
issued pretended official orders as such
Commissioner: has given orders and In
structions to clerks and officials subordi-
nate to the Commissioner and has de-
manded and received salary as Commis-
sioner. relying on a supersedeas BOND IN
the penalty of $500.
Your relator is advised and SO AYERS
the appeal bond did not vacates annul
or suspend the operation and effect OF
the custer Judgment or restore the said
Newman to the office of Commissioner
and that in yet assuming to be such
Commissioner and to discharge the
man is in contempt of this honorable
court and Of its said Judgment and
that he should be punished therefor.
Claims Judgment Self-Executing.
The point relied on by Attorney Bir-
ney in attacking the power of the ap-
peal bond to keep Mr.. Newman in
Office is that the judgment Of custer is
declaratory and self-executing. need
ing no writ to carry It into effect. The
only power Of the supersedeas bond,
1t is suggested. Is to stay further pro-
ceedings and leave matters in the con-
dition in which they were when the
supersedeas took effect and until the
appellate court can hear the parties on
the questions involved.
AS the custer judgment was self-acting
II is argued. Mr.. Newman was automati-
cally out of office on its signing, and as
the supersedeas bond could only maintain
the condition existing at the time it was
signed he was out of office and so re-
mains. The bond could not restore him.
1t is urged. because then 1t would change
the existing status.
A case in Nebraska Is cited in the brief
OF counsel. in which the defense was
an appeal and supersedeas bond It was
held In that case that in the absence Of a
statute to that effect "the filing Of a su-
persedeas bond does not supersede the
Judgment 30 as to entitle the incumbent
70 retain the ofhce pending the proceed
attention to the absence Of such statute
In this Jurisdiction. He cites several
other cases and also text book statements
70 support his claim that Mr.. Newman is
out Of office and by remaining therein
II In contempt Of court.