Evening star., 1914-04-06
How to Begin Proceedings.

l III case the same shall not be recovered
( from and paid by the defendant
Section ll4O. If Attorney General and
! district attorney refuse-If the Attorney
! General and district attorney shall re-
/ fuse to institute such proceeding on the
! request of a person interested. such per-
/ son may apply to the court by verified
petition for leave to have said writ issued.
! and If in the opinion of the court, the
! reasons set forth in said petition are suff1-
! cient in law, the said writ shall be al
the name of the United States, on the
| relation of said interested person. on
| his compliance with the condition pre-
scribed in the last section as to security
/ for costs.
Section 1:,41. Relator claiming Office
| When such proceedings is against per-
I son for usurping an office, on the relation
of a person claiming the same office, the
relator shall set forth in his petition the
facts upon which he claims to be entitled
I TO the Office"
Right to Begin Action.
{ The Judgment of the court below is
! based upon two grounds: First that the
relator, as a citizen and taxpayer, is
not an interested person" within the
meaning of the statute, and therefore has
no legal standing to apply for the writ;
| and, second even conceding that he has
! such standing the dismissal of the petl-
| ton must logically follow. because II
makes no showing that the determination
| by the President and the Senate as 10
/ the qualifications of the respondent was
/ reached otherwise than in the exercise OF
| a reasonable discretion, and, accordingly,
| their determination was final .
/ We shall consider these questions IN
| their order. The statute provides three
| distinct methods by which the proceed
! ing by quo warranto may be brought.
1t may be by either the Attorney Cen
eral or the district attorney on ms ms
own motion; or by either of them on
| the relation of 2 third person. by leave
| of court; OF, upon the refusal of such
| officers to bring 1t at the request of a
person interested. such person. ny per, per-
| mission of the court. may institute the
| tinguish between the third person
mentioned in section 1899 and the per
statutes similar 20 the words third
persons" used in section 1889 have been
generally construed by the courts to
| have also refused to limit the term
person Interested to persons interested
in the Office. Hence. it is apparent that
/ Congress. having in mind the well set
| was referring to the same class of per-
I sons in section 1910. which provides
that, upon failure of the Attorney Cen
| eral or district attorney TO institute
! such proceeding on the request of a
person interested. such person may" pro-
teea III ms o"n oeha ~. Cnneas ai ~ y
~. ~ ~ in4snJ =, ii,oi+ na@Sons ;ntarestad
o ~. .hns[ ~ .r,s,ad -, ~ Ssioo " is ,,5I,; &c
fest from sections 1541. which specific
! cedure ION the relation of a person
| claiming the same office, Had such
/ been the intention of Congress, some
! reference would have been made there
| in to the preceding section. Indeed, it
NAV well be hat the procedure in this
section applies only to private and
| not to public office. for the reason
| that In this District. where all offices
are appointive. there cannot be two
| claimants to a public office.
s+o4,,+o , c,,,
SIa1uee oenefa1 one.
I'll. ~,..,,.o ;~ .xo,..,, :; A.. :.
oi' :" .Nal ie ho-
wnere distinguishes between the usurpers
Of public and private Offices The right
of the relator to have the writ issued
depends wholly unon the discre,;on of
+ba ,orr+ IN da+arr,ir,n. n.hatho.
49, .e -. 80. - o. VI io.
eiie reasons SET iof.n III 'he peueion are
suhcient IN law, the court undoubtedly
may inquire into the interest and motives
of the party seeking the writ, as well
as the suffciency of the evidence ofYered
by affidavit. or otherwise. in support of
the petition to establish probable cause
for the allowance Of the writ. If it had
into the unlawful usurpation OF a public
once TO the attorney General or the dis
trlct attorney, the statute would have
saio SO III terms Inc 1act that no such
expression IS 70 pc 1ouno IN the statute
must pc accepted as conclusive evidence
eilae =, II s..1aa "aS NJ. ~, ir,'si1eu e. ,si
:u, 10" IN tiiIs eouii.i! tiIat an
performance OF a public duty or to re-
| Union Pacific Railway Company agt.
,ia.i, % T. p 80 Do~tlins 1, ast. Rose
| ,bint, uas Sr.med IN accord ,,-itI .h;s
| accepted theory of the law, and is in
| line with similar statutes in the states
ot e,ie = mon, @ III .ne .n.e1aple.a.,on x1a .l OF
| cisions of the English courts with refer
! ence to the statute of Anne, C. 90
| a; u. ill.
az. a. Ene-I;si, nasas, Tars ,,rifnrn, IN
upholding the right of a citizen to main
! tain the action of quo warranto to inquire