Evening star., 1915-01-16
Supreme Court Decision Posi-
bic Next Month, Says
FriZzeIPS Counsel.
COMMISSIONER PLEASED
BY LATE DEVELOPMENTS
Chief Justice White Explains His
Reasons for Granting
Writ of Error.

In8L tne supreme court OI tuc
United States may by the middle of
February hear arguments on the case
in which Oliver P. Newman's right to
hold the Office Of Commissioner of the
District of Columbia is denied. and
may be able to hand down it's decision
in the case before the end of February.
was the assertion today Of counsel for
W. J. Frizzell, interested taxpayer. who
instituted the custer proceedings
against Commissioner Newman.
BY the granting of writ Of error
last night by Chief Justice White OF
the Supreme Court, the Newman con-
test case is removed from the jurisdic-
tion Of the District courts and taken to
the highest tribunal of the land. Work
of preparing the writ was in progress
today. and 1t was said that the writ
probably would be received by the Dis
trict Court Of Appeals Monday.
Will Remain in Office.
Pending decision by the Supreme
Court Of the points involved in the con-
test, Commissioner Newman, of course.
will remain in Office, Chief Justice
White having fixed the 'supersedeas
bond at $1,000. This bond was given
today.
. In the regular course of events. it
was stated today, the Newman case.
having been regularly docketed. would
not be reached for about eighteen
months. However, counsel for Mr..
Frizzell stated today that as soon as
the record of the case is filed in the
Supreme Court a motion is to be made
to advance the case for early nearing
Should the Supreme Court grant the
disposed of before the end of February.
Expects No Early Decision.
Should the Supreme Court, however. re-
fuse the motion the case could not be
reached until Commissioner Newman's
three-year term as Commissioner Of the
District Of Columbia had almost expired.
Attorney Ralston, discussing the proceed
ure to be followed in obtaining decision
of the Supreme Court as to Commissioner
Newman's right to hold the office to which
he was appointed and on the right of the
President of the United States to make
them. stated today that in his opinion
there was mot more than one chance in
twenty that the Supreme Court would
hand down a decision in the case in less
than eighteen months"
In granting the writ of error last
night, Chief Justice White intlmated
that the case involves the Presidents
right of appointment and the Sena-
torial right Of cOnfirmat ton, thus pre-
senting a legal question of federal
Importance.
Chief Justices Statement.
In allowing tho writ of error. the
Chief Justice said:
I'm my view It cannot be said that
there is no room for doubt whether
jurisdiction in the court exists to re-
view. Indeed. in my own mind there is
doubt on the subject. But the fact
that I merely entertain doubt, and do
not have a clear conviction as to the
writ of power, causes me to allow the
writ of error.
This conclusion is reached because, in
my opinion. in the absence of substan-
tial certainty as to the want of power it
cess to the court, but to grant the writ In
order that the doubts may be solved by
the court and not alone by one Of its
members"
The petition for a writ of error was
signed by Oliver P. Newman and by Coun-
sci Jackson H. Ralston. William E. Rich
ardson, G. w. Holt, John W. Davis and
Conrad H. Syme.
Newman Congratulated.
Before leaving at IL o'clock for Balti-
more, where he made an address today
at luncheon given by the Baltimore
City Club, Commissioner Newman was
kept busy receiving callers and con-
gratulatory messages over the tele-
phone.
Mr.. Newman made no effort to con-
ceal his pleasure over Justice Whites
ruling.
II am very much gratified." he said,
that the Chief Justice of the Supreme
Court Of the United States has made 1t
possible for us to obtain from the high
est judicial authority a ruling upon the
very big question involved in the
custer suit against me, and especially
that the appeal has been granted as a
process to which I am entitled by right.
This case involves much more than
my mere personal fortunes, namely,
the extent of the authority of the Chief
Executive and of the Senate acting in
it's executive capacity. That this is
the view of the Chief Justice is obvious
from his order. and that the President
and the Senate will be upheld in their
action in appointing me and that will
be upheld in my contention that I am
as a matter of fact and upon the evil
dence in the case qualified for Com
missioner, have every confidence"
WAR LOAN REACHES PAR.