Evening star. [volume] (Washington, D.C.) 1854-1972, 1914-06-27
RIGHT OF NEWMAN
TO OFFICE PENDING
APPEAL QUESTIONED
Attorneys Differ Regarding
His Discharging Duties Un-
til Decision Is Made.
Justice Gould May "Stay" tx
ecution of 0uster-Cannot
Appeal to Supreme Court.

| May Oliver P. Newman remain in the
| office of District Commissioner and
| lawfully exercise its functions while
/ he is prosecuting his appeal from an
custer judgment, should yesterday s
/ verdict ripen into judgment?
LAWYERS are not in accord on the
question of the right to supersede an
custer Judgment. That Mr. Newman
! may prosecute an appeal there seems
to be no doubt. since the code pro-
vides that every final order or judg-
ment of the District Supreme Court
may be reviewed in the Court of Ap-
peals.
Granted the right of appeal. some at
torneys suggest that Mr.. Newman may
also prevent his expulsion from once
by giving an additional bond, called a
supersedeas, which operates to suspend
action on the Judgment of the lower
court pending the decision of the ap.
pellate tribunal Other lawyers are OF
opinion that an custer judgment may
not be superseded since the damage to
be provided against would be In.
ca1culable.
The declare that Mr.. Newman would
have to prosecute his appeal from the
outside; that is. that he must surrender
the office Immediately on the render
ing of an custer judgment and look to a
reversal by the Court of Apeals for resto-
ration to office.
Right of Further Appeal Denied.
The right of Mr. Newman to appeal to
the Supreme Court of the United States
in the event that the District Court of
Appeals upholds the verdict of the jury
is generally denied by the lawyers.
The right of appeal under the judi
ciary act it is pointed out, applies only
to cases where the construction Of a
statute of general import is brought
into question. The statute involved in
this case is the organic act Of 1878
applicable solely to the District OF Co
lumbia, and the Supreme Court has on
more than one occasion refused to en-
tertain appeals for review OF cases
involving purely local enactments.
There seems to be no doubt that an ap-
plication might be made to the highest
court in the land for a writ Of certiorar.
But the general impression at the City
Hall today was that the fact that only
local statute is involved would prove an
insurmountable barrier to the granting of
a writ of review by the Supreme Court OF
the United States.
A practicabi way out of the difficulty,
should the lower court decide that its
judgment may not be superseded. was
suggested by prominent lawyer. The
solution of the dilemma, which would al
low Mr.. Newman to remain IN ONCE &C
cording to this suggestion, lies IN the
grace of Justice Gould.
That the trial justice is empowered.
the lawyer suggested, to stay the
execution of the custer judgment is
without doubt BY this means. should
Justice Gould decide to render judg-
ment in accordance with the verdict
of twelve citizens that Mr.. Newman is
not entitled to Office. he might in his
discretion direct the United States
marshal to withhold the execution Of
Judgment until the Court of Appeals
had been afforded an opportunity to
review his decision.
No Additional Bond Necessary.
Should Justice Gould so exercise discre-
ton, it would not be necessary for MIR.
Newman to give an additional bond be-
yond the ordinary cost bond Of 500 re-
quired on every application for an ap-
peal
In the event of an appeal by Mr.. New
man. decision by the District Court Of
Appeals would in all probability be rem
dered before the expiration of the year
1914. Appeals from extraordinary writs
are preferred in the Appellate Court and
placed on its special calendar, which takes
precedence for hearing.
Should the action of that tribunal be
adverse to the interest of Mr.. Newman,
and writ of review be granted by the
Supreme Court of the United States, the
case would most likely be advanced on
the docket of that tribunal and its hear
ing and decision be reached early next
spring and long before the expiration of
the term of Mr.. Newman as District
Commissioner.