Evening star., 1915-01-15
NEWMAN APPEAL
DEN|EDbY COURT
Highest D. C. Tribunal Refuses
Commissioners Application
for Writ of Error.
CASE NOW TO BE TAKEN
TO U. S. SUPREME COURT
Writ of Certiorari Will Be Asked
Should Other Efforts for
Review Fail.


board Of District commissioners, must
look Ia the Supreme Court of the United
States for a review of the action of the
Court of Appeals of the District Of Co
umbia. which sustaiaed the custer tudg-
ment rendered against the Commissioner
last July by the Supreme Court OF the
District of Columbia.
The District Court of Appeals today
denied the aprliration of counsel for Mr..
Newman for the allowance of writ of
error 10 remove the case 10 the United
States Supreme Court for review. The
appellate tribunal overruied the conten-
ton of the Commissioner that he has
the right of direct appeal from its de-
cision to the highest court In the land.
The determination of the appellate
court not to send the case to the
United States Supreme Court was an
nounced from the bench by Chief JUS
tice shepard The notification was for
mai. the chief justice merely stating
that the applications for writ of error
IN the Newman case was denied. No
lntlmation was given as to any differ
ence of opinion among the justices on
the application.
Attorney jackson H. Ralston, of
counsel for the Commi ssioner. request
ed the court to stay it's mandate until
he ana his associate. Solicitor General
submit to the United States Supreme
Court similar motion for the allow
ance by that tribunal of the writ of
error refused by the Court of Appeals
The mandate will be withheld until
February l to afford the United States
Supreme Court a chance to act on the
application.
Case Would Be Transferred,
Should the Supreme Court of the
United States ALLOW the writ then the
case will be transferred for review
to that tribunal and the action of the
District Court of Appeals, in denying
the application. will be nullified. If
me United States Supreme Court should
'loid with the Court of appeals that the
direct right of appeal does not lie .uen
MI Newmans counsel say, they will
mane application to that court for a
writ of certiorari. This latter writ of
review Is within the discre ion of e
highest tribunal in the land and may
be granted or denied at will.
Mr. Newman based his application
which was denied today by the highest
court of this District. on the claim that
the exercise of the authority of Presi
dent Wilson had been called in ques-
ton by the quo warranto proceedings
instituted by w. J. Frizzell, the tax
payer who questioned the eligibility of
Mr.. Newman to hold the Office and ex-
missioner of the District of Columbia.
This brought his case. he claimed,
within the purview of the fifth para :
graph of section $50 of the judicial
code, which allows Il direct appeal in
cases in which any authority exercised
under the United States or the scope of
the duty of any officer of the United
States is called in question.
Newman Makes No Comment.
Commissioner Newman had no COM
ment to make regarding the decision.
Resort to the United States Supreme
Court was decided upon as the next
move of the defense following a con-
ference this morning between the Com
missioner and jackson H. Ralston. his
chief counsel Mr.. Ralston said he
would apply to the Supreme Court
early next week for writs of error and
certiOrari.