Evening star. [volume] (Washington, D.C.) 1854-1972, 1914-06-27
The Newman Verdict.

day declared in the light of testimony
and arguments that Oliver + Newman
was not at the time Of his appointment
as Commissioner an actual resident OF
the District Of Columbia for three years
prior to his appointment, according TO
the requirement. of the statute of June
IL 1878 generally known as the organic
act.
Objection TO Mr.. Newmans appoint
ment on the ground that he could not
qualify under the organic act was raised
Immediately Upon the announcement OF
his selection. No heed. however, was
paid 10 the suggestion. and the nomina-
ton was confirmed. Legal proceedings
were instituted by a citizen, to whom the
District Supreme Court denied the right
to bring an custer suit. The Court of APP
peals reversed this ruling and ordered a
trial of the case on its merits. which has
lust resulted in the declaration of non
eligibility
The Star deplored the denial Of a citi-
.ens right to test the title of the in
cumbent Commissioner and welcomed
the everything of that restrictive opinion,
on the ground that only by an appeal to
and applied when there was reason to be-
lieve that it had been ignored or vio-
lated whether Willfully or unintention-
ally. The courts are maintained for this
specific purpose of interpreting laws. and
It would have been deplorable had the
way been closed to the securing of a
definite decision.
The present. practical issue in the New
man eligibility case is not whether Mr.
Newman shall serve as Commissioner. but
whether there is any force or value In the
eligibility law for the future protection
and benefit Of the community.
BY the time that the law Is finally con-
strued and applied after all rights of ap-
peal have been exhausted, Mr.. Newman
will probably have lived here as de facto
Commissioner the period of actual resi-
dence qualification. and if the final de-
ciSion should be against his eligibility
during his first term. he would be ELI
gible for immediate reappointment, if the
President wished to reappoint him.
The live, practical issue is whether the
eligibility law affecting District Commits
sioners is to have validity and effective
force for the guidance of future Presi-
dents and for the benefit of the commu
nifty, or may be nullified and construed
out of existence at the discretion Of a
President
The Stars position on this issue has
been often stated. The eligibility
Qualification of three years actual resi-
dence is a just. sound and wholesome
provision. and is the only vestige of
even indirect representation enjoyed at
the command of the law by this COM
munity in its municipal government.
Any change in the law should be in the
direction of an increase instead of
reduction of participation by the people
Of the District in their government.
This eligibility provision should be pre-
served intact by Congress, and should
be scrupulously construed for the benefit
OF genuine local representation in pur-
euAnce of its spirit and purpose by
every President who appoints District
Commissioners
The eligibility Law was passed regularly
by the House and Senate and signed BY
the President. 1t has the same validity
and the same rules of construction apply
to 1t as apply to other laws Its meaning
is to be construed by the courts. if an
issue in respect to that meaning arises
Neither the President nor the Senate
nor the House has the power of constru-
Ing its meaning
II has been commended that the Presi-
dents view of the meaning Of the law
and of the facts of its application in a
given case, especially when that view is
approved by the Senate by confirming an
appointment, is not subject to question OF
review by the courts anybody else
But this contention is on its face unrea-
sonable The eligibility qualification is a
limitation upon the Presidents power of
appointment. 1t says to him: You must
not appoint Commissioner any man who
lacks certain qualifications If a Presi-
dent may decide for himself the law and
the facts in respect to this limitation
there is no limitation. The law is multi
fed and rendered farccal.
The Districts hope is that out of the
Newman controversy renewed strength
will be given to the preservation in the
capitals vital interest of the principle
which was embodied in the law of 1878.
clearly designed to render eligible for
appointment as civilian Commissioners
only bona-ide actual Washinstonians,
positively and continuously identified with
the community.