Evening star., 1914-07-18
Courts and Appointments.

In certain comments upon the refusal
of Mr.. Newman to receive the home rule
committee of citizens asking for his i'm
mediate retirement from the office OF
Commissioner. which a jury in court mas
declared he is ineligible to hold. 1t IS
urged that confirmation of this decision
by higher courts would lead to chaotic
condition in respect to presidential ap-
pointments and senatorial combinations.
It is suggested that If the court of last
resort-whether the District Court OF Ap-
peals or the United States Supreme Court
holds that it is possible for presiden-
tiai appointment to be reviewed as to its
validity, any disappointed officeseeker can
go to court with petition against the
incumbent Of the Office to which he has
aspired.
There is no real danger of such a lam
entable result following confirmation
of a decision in the Newman case. The
Office of District Commissioner is prac-
tically the only presidential appointment
subject to any restrictive limitations as
to qualifications save that of American
citizenship. The law requires that a civil
ian District Commissioner must be cit
izen of the United States and an actual
resident of the District of Columbia for
three years next before his appointment
claiming residence nowhere else during
that period. In practically all other presi-
Dental Offices there is no restriction
whatsoever except that of citizenship. and
therefore save on this ground no possible
basis is afforded fot application to the
court on the ground Of ineligibility.
In the newman case a definite question
of fact was laid before the court, the
1n;I
the President when Mr.. Newman's name
was under consideration and before the
Senate when the nomination was pend
ing there. The President and the Senate
decided that Mr.. Newman was a resi-
dent The court has now decided that
he is not. The issue in this case at
the present time remains. until final de-
cision. whether it is within the province
Of the court to determine such a question
of fact. notwithstanding presidential and
senatorial action.
Should the court rule finally that it
has jurisdiction to pass upon questions
Of fact involving the issue of qualifica
tons for public Office there will be no
danger Of wholesale attacks upon presi-
Dental appointments. There can be only
one ground for assailing such appoint
ments in practically all cases, that of
citizenship. and the number of foreign
born appointees to Office is so small that
1t is extremely unlikely that any material
embarrassment will ever arise on this
score in the future should the courts
be given definite jurisdiction, and re-
gardless Of possible endorsements, it
Is important that some means be availa-
BILE to determine such questions.
Apprehension of a flooding Of the courts
with petitions against presidential ap-
pointees, If Mr.. Newman is finally ousted
from the Commissionership. are idle dis
plays Of Imagination. This case involves
no attack upon the Constitution. no men,
ace to the authority of the President to
appoint and the coordinate authority Of
the Senate to confirm nominees for fed
eral positions. Had there been no ques-
ton as to Mr.. Newman's residence no
one would have gone into court to over
turn his appointment. There was a ques-
ton at the outset and the nomination
and the confirmation did not answer it
satisfactorily. Then the only way pos
sible was taken to secure an answer
that would settle the issue once for all, and
the more speedily that question is deter
mined by the last available court the
better for the District and the better for
the country.