Evening star. [volume] (Washington, D.C.) 1854-1972, 1914-05-04

Oliver p Newman. president of the
board of District Commissioners. filed
answer today TO the writ of quo war
ranto issued against him last September
by Justice Wright OF the District Su-
preme Court. The delay in responding
TO the writ has been caused by litiga-
tion following a demurrer and motion to
quash interposed by the Commissioner.
Mr.. Newmans motions prevailed be-
fore Justice Anderson of the lower court,
but were denied by the District Court of
Appeals last month. The appellate
tribunal directed the fling of an answer.
4r. Newman denies he is in any way
ineligible to hold the Office of a civil
Commissioner. He declares that at the
time of his appointment by the Presi-
dent and confirmation by the Senate he
was qualified under the law, as he had
been an actual resident of the District
of Columbia for three years next before
his appointment He denies that during
that time he had ever claimed residence
elsewhere than in the District of Co
lumbia.
Had Other Business Addresses,
Commissioner Newman admits, how
ever. that at various times during the
three years indicated he had other tenn
porary business addresses. These, he
says. were not residences and he tells
the court he expects to verify these
averments and is ready to verify them.
The answer of Mr.. Newman demands
strict proof that William ]. Frizzell. who
instituted the proceedings to test the
eligibility of the Commissioner is a citi-
zen OF the United States and taxpayer
IN his own right in the District OF CO.
lumbia.
The answer questions the statement of
the petitioner that he made application
TO the United States attorney for the
District OF Columbia TO institute the pro-
gsedings before filing the application.
The claim is renewed by Mr.. Newman in
his answer that the action OF the Presi-
dent in appointing him and the Senate.s
confirmation of his appointment are final
and conclusive in law and may nor he
reviewed by the courts.
To Move for Jury Trial.
Issue will probably be joined on the
answer BY Attorneys Joseph W. Bailey.
a. A. Birney and w. ]. Neale. represent
ing the taxpayer. Application will then
De made to the court to set a date for
trial before a jury as to the eligibility
OF MI Newman. The jury will pass on
the question OF whether Mr. Newman was
an actual bona fde resident of the Dis
trict for the three years preceding his
appointment. as required by the organic
act Of 1878
IT is expected Attorneys Ralston &
Richardson for Mr.. Newman will not on
pose jury trial. The shortness of time
nerore the retirement of Justice Barnard
however. may operate against a trial be-
1ore the summer recess. Counsel for the
taxpayer VIII endeavor to have the trial
set for the third week of Nav
II the crowded condition of the docket
snouid prevent this date being selected II
is more than probable that the trial will
go over until October
Newman's Answer in Detail.
The answer of Mr.. Newman follows in
detail.
Now comes the said Oliver p New
man into court, by RaIston & Richardson
Ais attorneys. and protesting that said
Information is not sufficient i'm IN. Law
50 tnat he is not bound to answer there
10. says that the United States ouch, not
10 implead him by reason OF the aver
n.ents in said Information contained. ana
- answering. says:
y. That he does no; know. and. there
io'c. can neither admit nor deny ubeth
eg the sa d William j. FrizzcU is :, ,iti
zen ot the United States and is a tay-
I'ayer i'm his own right in the District Of
columbia. aud II deemed important prays
vtcIct proof thereof. although he admir- g
Eat he there resides.
hThat II. admits that on To vii June
1917. the President Of the Infted
- ties nominated to the Senate Oliver
Newman. the respondent herein ~
= one OF the Commissioners OF the Dis
4 i%t OF Columbia appointed from civil
c.'e. and that his nomination was there
ufter confirmed by the Senate. and that
N. 10 Wit. July ~. 1af::. he took the
:. 'escriheI oath and entered upon the
!. I'd Office. and has ever since. and Vet
= dds the same. He denies that he was
not qualified in law to receive such an
appointment, and that he has unlawfully
assumed and usurped the said office, and
is not lawfully entitled to the same. or
TO exercise the functions and enjoy the
eGaoluments thereof He denies that AT
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