Evening star. [volume] (Washington, D.C.) 1854-1972, 1915-03-08
NEWMAN'S ACTS LEGAL,
IS FINDING OF COURT
Chief Justice Covington Declares
Lawful Ben Princes Selection as
Collector of Taxes.
Right to Participate in Drawing of
Jurors Upheld-Fu1ton's
Plea Denied.

Chief Justice Covington, presiding in
Criminal Division l of the District Su-
preme Court, decided today that Ben
L. Prince was appointed by lawful
board of Commissioners Of the District
of Columbia. and that he lawfully per-
fromed his duties as one of the three
persons designated by law to select the
list of probable jurors. The court also
held that the jury commission is not re-
CURED to take an additional oath to per-
form the duties of that position after
each member has taken his separate oath
particular official position. His service on
the jury commission is merely Eek officio,"
the court decided
According to this ruling, the CHIEF
justice sustained demurrer by United
States Attorney Laskey and Assistan,
United States Attorneys Archer ano
Laws to plea in abatement filed by
Greed NJ Fulton, a member Of the bar
to an indictment charging him with
embezzlement Mr.. Fulton made the
point that the grand jury which in
dtcted him had been selected from a
list improperly prepared. He charged
that Mr.. Prince Illegally took part in
the preparation of the jury list because
he was not lawfully collector of taxes
The attack on the legality Of Mr.
Princes appointment was based on the
claim that oliver p. Newman, pre-
tending to be a District Commission
err, had participated in the selection OF
Mr.. Prince as collector of taxes. 1t was
urged that the custer judgment agains,
Mr. Newman had decided that he wat
never eligible to hold Office, and his
actions were therefore invalid.
Newman Duly Appointed.
The plea in abatement filed through
Attorneys Wilton J. Lambert and Lew
H. David was argued last Saturday.
In sustaining the governments de.
murrer. the chief justice said: 1.-THE
of Columbia is legally in existence. a
valid act of Congress created tho Office
prescribed the qualifications of the
holder and provided for the appoint
ment of incumbents thereof by the
President. through the normal consti-
Senate of the United States and con.
firmation by that body. The court must
take judicial notice of the fact that
Commissioner Newman was duly APP
pointed in that manner. and thereafter
entered upon the performance of his
official duties"
AS the appointment of Mr.. Prince was
made April 1, 1914. more than three
months before the custer verdict in the
lower court, the Chief Justice sug-
gested: 1T only needs the applica ton
of the simplest principles of the COM
mon law to determine the validity of
Commissioner Newman's off1cff1ial acts
prior to the judgment of custer entered
against him July Z, 1914, and affirmed
1915. At the TIME of the appointment
of Collector Prince Commissioner New
man was at the least de facto' Com
missioper. 1t would, indeed, be a
dangerous proposition in a representa-
tive government such as ours if the
acts of a person in possession Of a
legal Office under any color of title
could be collaterally called in ques-
ton.
With a writ of error granted by the
Supreme Court Of the United States to
review the order of the Court of APP
peals affirming the judgment of custer
against Commissioner Newman, the
case thus made up not having been
heard and the execution of the judg-
ment of the custer in the meantime be
ing stayed the court has a decided
opinion as to the legal effect of the
Judgment of custer upon the validity
of acts done by the Commission rs, in
GLIDING Commissioner Newman, ever
at this time
The chief justice ordered Mr.. Fulton
to plead to the Indictment. and when
he had pleaded mot guilty" an effort
was made to obtain a jury. The panel
was exhausted and forty talesmen
summoned for tomorrow, to which
time the court adjourned