The Washington times., 1914-11-05
NEWMAN APPEAL DUE
TO Be ARGUED SOON
Brief Supporting His Ten AS
signments Of Error Filed in
Court Today.

Arguments in the appeal of oliver P.
Newman from the Judgment Of the low
er court ousting him from the office or
District Commissioner, it developed to-
day. probably will be heard by the
Court of Appeals the latter part OF this
month.
The advancement of the case is made
possible by the filing of Mr.. Newman's
brief, a document covering forty-one
pages, in support of the ten assignments
of error. Counsel for the home rule
committee" interests, it Is expected,
will file the brief in reply with a
few days and move for an early hear
ing.
Ten Assignments of Error.
Assignments of error set forth in Mr..
Newmans brief are:
The court erred in refusing to permit
the respondent to show that the facts
developed in the testimony in this case
had been furnished by him and by 9TH
ers to the Senate committee examining
the matter of his residence uualifica-
tions before confirmation of his appoint
ment as civil Commissioner for the Dis
trict OF Columbia.
THE court erred in refusing to allow
the respondent to show that q full
statement of facts relating to his resi-
dence qualification, which facts were sub
mitted in evidence in this case, had been
submitted to and passed upon by the
President at the time of his appoint
ment to the office of civil Commissioner
of the District of Columbia.
The court erred in holding that II
was proper for the jury to pass on the
question whether as fact respondent
was an actual resident of the District
of Columbia for three years preceding
his appointment, although said fact had
been examined and decided by the Pres
ident, and also by the Senate in con-
flrm:ng respondents appointment. upon
substantially the same evidence as was
before the jury in this case.
The court erred in holding that II
mad the power to review and reverse
the action of the President and Senate
in nominating and confirming the re-
spondent in his office.
The court erred in holding that the
relator had sufficient interest to bring
and maintain this action.
The court erred in granting the Pc
utioner the right to open and close the
evidence and the right to open and close
the argument to the jury, and in re-
! fusing the request of the respondent to
open and close the evidence.
The court erred in refusing to grant
| submitted by the respondent to be given
to the jury, ard each of them.
THE court erred in overruling the
respondent motion for a new trial
upon the several grounds assigned in
said motion.
spondent'S motion for judgment non OBJ
stante veredicto for the several reasons
assigned therein.
The court erred in refusing to grant
the respondents motion for arrest of
judgment for the several reasons as
signed therein
Stress On Contention.
It is made clear in the brief that Mr..
Newmans counsel, Attorneys Ralston
and Richardson and Solicitor John w.
Davis, that much stress will he laid
upon the contention that after the
President and the Senate had acted on
the questions raised in the case the
court was without authority to question
their decision. The brief says:
If this were case where the Presi.
dent and Senate had acted without con.
sideration of the objections subsequent
| ly raised, relating to Newman's resi-
dence 1t might be suggested that there
had been no expression of opinion or
| their part, but it appears throughout the
record that the President and Senate
had in mind the very objections subse.
uuently passed on by the jury. They die
act and did determine and nevertheless
! the jury were permitted to redetermine
these facts without any presumption In
favor Of the rightfulness of the existing
status. We can conceive that If New
man had been a mere intruder, not act
ing under color of the law, no presump.
ton would have existed resulting from
his physical possession Of the office, but
such were not the facts. The judgment
Of two coordinate branches of the Gov
ernment had to be overcome, and this
idea can we'll be expressed. as it was
by the language of the several prayers
NOW under consideration"