Evening star., 1914-08-14
newman CONTEMPT
RULES DISMISSED
Justice Stafford Holds Super
sedeas Bond Is Sufficient
to Retain Him in Office.
CORPORATION COUNSEL
MAKES HIS APPEARANCE
Contends Entire Case Has Passed Out
of Jurisdiction of Lower Court.
Argues for Dismissal.

Oliver P. Newman, president OF the
board of District Commissioners. fled
today his return to the rule in con-
tempt issued against him last Monday
| by Justice Stafford on the petition of
William J. Frizxell. the taxpayer who
is testing the eligibility Of Mr.. New
man. The rule called on the Commits
sioner to show cause why he should
not be punished for contempt in con-
tinuing to exercise the functions of a
civil Commissioner of the District after
| the rendition of a judgment of custer
against him July Z.
Rule Is Discharged.
After listening to arguments Of counsel
for nearly three hours, Justice Stafford dis
charged the rule, and held that the super
sedeas bond given by Mr.. Newman is suf-
lficient to retain him in the office of District
Commissioner pending the decision of the
Court of Appeals on review of the custer
proceedings.
There is no ground" said Justice
Stafford, for any one asserting tnat
MI. Newmans continuing to act as a
Commissioner was an intentional dis
respect Of the court, whatever the law
should be. He proceeded to act in
accordance with his understanding OF
tice Gould. If l should have been
compelled to hold differently. l should
have been disposed merely to notify
him that 1 held a different view Of
the law, and that thereafter he should
govern himself accordingly"
The court thus intimated that Com
missioner Newman stood no chance OF
being punished for retaining his Of
flee.
THE only question here" continued
q
persedeas bond. II. as claimed. the
court had no authority to supersede its
judgment. we must look at the conse-
quence Of such holding. Until the Juag-
ment is reversed. 1t has every effect 1t
could have if no appeal were taken. and
it follows that there remains a commis-
sion of two members only until the Judg-
ment is reversed. when the statute calis
mously to perform certain important func-
tons.
Must Deal sensibly.
IF the judgment cannot be superseded
there can be no appeal and no board Of
Commissioners pending appeal The
price of appeal is the death of the
board pending appeal, which is to say
there Is no appeal for all practical pur-
poses.
An appeal however, Is provided by
law, ana SluC6 llS Oculhl WOolo VI AuS
about such grave consequences l should
not do SO unless there was no escape
from it.
I'VE must deal sensibly with the situ-
alton. This judgment ought to be super
ceded and any court dealing sensibly
with the situation would have to so
hold"
Mr.. Newman, declaring that he has
at all times promptly and fully COM
piled with the orders and judgments of
the District Supreme Court and there
by evidencing his respect for the dig
nifty of the court, asked that the rule
be discharged. He pointed on that he
executed and fled a supersedeas bond,
which had been approved by Justice
Gould. who presided at the custer
trial. and had been advised that the
bond had the effect to retain him IN
Office until the custer judgment might
be reviewed by the Court of Appeals.
He also quoted the language OF Justice
Gould, while approving the bond, that the
case was Of such importance to the peo-
pie Of the District that 1t would be un-
fortunate II a supersedeas could not be
allowed, especially since the legal points
had been decided by the appellate tri-
bunal with divided court.
Corporation Counsel Appears.
Corporation Counsel Syme made his
first appearance in the custer case. He
explained that as the official acts of
Mr.. Newman were called in question
by the contempt prooeedinga he felt It