Evening star., 1915-01-08
President Said to Feel District
Courts Have Challenged
His Authority.
CASE TO BE TAKEN HIGHER
Blythe U. S. GOVERNMENT
District Commissioner Whose Title
Is Questioned Relieved of Making
Fight in Own Behalf.


federal government will make and con-
duct the appeal to the United States
Supreme Court in the case of oliver
P. Newman, District Commissioner, ad-
versely to whom two District courts
have decided, and from the decisions
Of which appeal is to be taken to the
highest court of the land.
If there are no legal reasons to the
contrary, Commissioner Newman will
be practically relieved of making the
appeal and the fight in his behalf will
become one of the United States gov
ernment. 1t is to be no longer strictly
an individual effort on the part OF Mr..
Newman. mildly aided by the Depart
ment of Justice, to obtain victory
over citizens who objected to his nomi-
nation as District Commissioner, but
an effort of the legal machinery of the
government to reverse the verdicts of
the lower courts.
Directed by President Wilson.
President Wilson, it has become
known. has determined to make the
government not only full party to the
appeal, but, if possible, to have the ap-
peal made in behalf of the government.
So far as known the President has not
discussed the complete details of the
matter with officials of the Department
of Justice, although it is presumed ne
has directed Attorney General Gregory
to take the necessary steps to confer
with him as the proceedings are taken.
The President, it is known, feels that
the decisions of the two local courts
practically attack his right of deter
mining nominations sent to the Senate
and the right of the Senate to ratifv
10 hou to NJ
the constitutional authority of the
courts to interfere in a case Of this
kind. it is said. At any rate. he re-
CARDS the decisions so far rendered as
tacitly, a charge that he evaded an ex-
isting law in making the nomination.
The President has told friends that
he took great pains to ascertain
whether Mr.. Newman was qualified for
the position before making the nomi-
nation. He did not rely solely upon
his own Judgment. but obtained an in
formal opinion from the then Attorney
General, Mr.. McReynolds, now an as
sociate justice Of the court In this
connection arises the interesting fact
that il Mr.. McReynolds did pass upon
the question Of the law and the nomi-
nation to the President while a mem
Der Of the cabinet he will probably be
Ineligible to sit upon the appeal to the
United States Supreme Court. and the
decision there must be rendered by the
other justices
Solicitor General Davis in Charge.
Solicitor General Davis Of the De-
partment of Justice, who made the
government an inactive party to the
case through the local courts, will be
in charge Of the governments active
participation from now on. He Is the
official of the Department of Justice
who handles all Of the government's g
business in the Supreme Court except
when the Attorney General wishes to
appear personally before that body.
IL is the object of the President and
the Department of Justice. to have the
fuli case reviewed in the highest court
Instead of the legal phases only being
before that court, the government will
ask tnat the testimony from beginning
to end De placed before the court To
accomplish this the understanding to-
day is that the representatives of the
government. probably Mr.. Davis him.
self, Will at the proper time apply to
the Supreme Court for writ of GER
tiorari directing the District courts to
ts;iisn the testimony and all other
phases to the Supreme Court
The tentative outline of the govern
mentS participation was expected to-
day to result in more delay in putting
the case before the Supreme Court tina n
would have been the case had Mr.. New :
mans attorneys led the appeal. as
heretofore.
The large amount of work the So
Hcltor general has before the Supreme
Court often results in delays through
inability to prepare and argue cases
just when wanted.
Year of Delay Anticipated.
By many persons familiar with cour,
conditions the opinion has lately been