The Washington herald., 1914-07-20
claims NEWMAN
FACES CONTEMPT
Frizzell Says Commissioner
May Be Prosecuted for
Defying Court.
OPINION ON QUESTION
Attorneys State Judgment of Custer
Is Self-execu6ns, Making
Acts Invalid.
OPINION ON QUESTION

Commissioners Newman may be prose-
cuted for contempt OF court in refusing
20 vaeats his position on the Board of
Commissioners. following the decision OF
the District Supreme Court, which de-
clared his tenure Of once illegal by rea-
son Of the fact that the Commissioner
had not been q resident Of the District
for three years prior to his appoint
Msnt
This was the veIl-authenticatsd report
In legal elrcleB yesterday. II also was
learned that william J. FrixIen, who
brought the original action, had con-
suited Attorneys A. A. Birnsy and w.
J. Nsals for their opinion on the pres
ent status of the Commissioner.
Makes Acts Invalid.
The opinion Of counsel. submitted 10
Mr.. FriIzsll. follows;
The Judgment Of oustsr 10 sslf-eX-
eeutIng Judgment which was sufneient At
once to put Mr.. Newman out OF once
aN make invalid any act a. commis-
sioner which he might thereafter attempt
TO perform. The appeal and supersedeas
bond did not serve TO invalidate or sus-
pend that Judgment or 70 replace Mr..
Newman in once. Until reversed by an
appellate tribunal the judgment Of custer
must stand. The appeal and supersedeas
bond serve only TO prevent the issuance
Of q writ Of execution upon the iudg-
msAt. the supersedess has no other func-
ton"
This position Of the courts that the
Judgment OF buster is operative from the
moment Of It's rendition so long as 1t re-
mains unreserved, Is not unique. Every
Judgment, even for the simplest debt.
Is in like manner operative and In full
force from the moment Of its entry un-
with RuDAPHadaa 3
from any such Judgment has nc. eject
except to prevent the issuance OF an
execution upon such juEment- II re-
mains lien upon the debtors property,
preventing him from making transfers
except subject TO Il, and otherwise In
every way operative. II has never been
supposed that an appeal and Superssdeas
served 20 AFFECT or undo the Judgment in
any way. Their effect was but 70 stay
the writ Of execution. 4 similar effect
is 70 be given the appeal and supersedeas
in this case. You are disabled from isSu-
ing the writ OF execution for the casts
adjudged you.
No Longer Commissioner.
we advise you, therefore. that Mr..
Newman is no longer Commissioner OF the
District OF Columbia, either in fact or
in law; that no official acts which he
may pcTlOTm VIII DC OF any ehcCN un1ll
such time Gf ever when he shall be
restored to Office through a reversal OF
the existing judgment. and that he may
not lawfully demand or receive salary
as such Commissioner"
Mr.. FrizZell gave out statement last
night, in which he said: "Inasmuch as /
have a very large acquaintance with our
business man and other residents in all
parts OF this my lifelong home, can
safely assert that we have a law-abiding
and reputable community: wherefore, I
consented TO accept the position of re-
lator in the pending judicial proceeding.
so far as I and those whom ] repre-
sent are interested We are content TO let
the law take its course. but when We
consider the effect Of the jurys verdict
we are appalled, at the chaotic condition
We are drifting toward when the court
of last resort shall afiym the verdict
which. as many of our high-grade law
yers think. with nullify all the official
acts Of the usurping Commissioner.
Under existing law the three Commits
sioners as a unit have the appointment
of our realty and personal tax assessors.
fie, police and hre, and building and
other regulations. and various other
functions OF greater or minor Importance,
including assessments for street and al
ley improvements and the signing Of con-
tracts involving the expenditure of mil
lions OF dollars annually.
Am to be cajoIed as a pessimlst or
shall I be pardoned for being too
solicitouS as to what may be the re-
suits Of the almost interminable law
suits that will be founded on an usurper's
assumption Of duties of such momentous
importance to our national metropolis?
II ask, where will we hnd light to
lead US out Of our impending anarchy
and darkness? Perhaps the courts may
hold that nullifying the usurper's official
actions may be contrary to public policy.
and thereby suppress a panic in real es-
tate values and in general business in
which our building trades mechanics and
are principally interested"