The Washington herald., 1914-07-12
Plight Of the District Government.


! Oliver P. Newman, who, the Supreme Court ot
the District of Columbia has ruled, has never been
Commissioner of the District OF Columbia because at
the time of his appointment he nonresident and
prescribed by law, is continuing to hold Office pre-
sumably with the sanction of President Wilson, who
appointed him. Mr.. Newman would hardly refuse to
obey legal writ of custer unless he had received
assurance that such would not embarrass his
friend the President 1t is reasonable also to as
sumo that the President and Mr. Newman are acting
upon advice from the Department OF Justice advice
which doubt sustains the action of the President
in the appointment and the Senate in its confirmation
of nonresident to a District Commissioner ship.
| The administrations legal advisers perhaps are
confident that reversal by the highest court of the
recent verdict will keep MIR. Newman in Office. even
though it be plain that the spirit OF the law was
violated in his appointment Without discussing the
Propriety OF proongng legal contest to establish
IN Office man not possessed of the qualifications
which the law contemplates, it is well to bear in
mind the possibility that the administrations coun-
selors may be wrong. The highest court may sus-
tain the Supreme Court OF the District bv deciding
that the letter well the spirit OF the law has
been violated
-NS'hs t'iat MAY DC lHc OUTGOING, II l. earn
esty to be hoped that steps have been taken or are
being taken to safeguard the Districts interests. to
prevent chaos in its affairs and series of actions at
law to set aside the acts of one disqualified but who,
in the language of the is usurpcr of the Office
OF District Commissioner. Even now the District is
called upon to defend suits growing out of the un-
lawful removal of an assessor and the unlawful ap-
pontment of his successor by an unlawfully const-
tuted Board OF District Commissioners. 1t would
be an outrage upon the people OF Washington to
deliberately invite further confusion and disaster BY
continuing to permit its affairs to be administered by
an incompetent government.
There is reason to question the validity of the
acts of Mr.. Newman in the past and there will be
ten times more reason to question any of his acts
since the Supreme Court of the District Of Columbia
has pronounced him usurper of the Office and issued
a writ of custer
Preferably it is to be hoped that in all respects
save OF the title and the salary the District
is composed OF two Commissioners instead of
three, that Mr.. Siddons and Lieut.. Harding are ad-
mnisterng its affairs a majority of the board.
There is no issue between the people of Wash
ington and Mr.. Newman personally He has given
evidence that he is well equipped for the duties of
Commissioner. 1t is unfortunate that under the law
he was ineligible for appointment. but it is neither
just necessary that the District should be COM
PEELED to suffer with Mr.. Newman on this account
The people of Washington properly and naturally de-
sire that the two civilian Commissioners shall be
Washington men, identified with its interests and for
this they sought to provide in terms OF law requir-
ing that such Commissioners have resided in this
city actually and continuously for the three years
preceding their appointment Without doubt the
spirit of this law has been violated and the has
held that it has been violated in letter also.
Proprety suggests that Mr.. Newman retire The
taxpayers of Washington have the right to demand
that their interests be protected if he remains But
after ALL they have no voice in the management of
their own affairs except that of petition