Newman v. United States Ex Rel. Frizzell
Supreme Court of the United States
EEEOE TO THE COUET OP APPEALS OP THE DISTEICT OP COLUMBIA. The President, on June 23, 1913, nominated Oliver P. Newman as Civil Commissioner of the District of Columbia. The nomination was referred to a standing committee of the Senate.
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EEEOE TO THE COUET OP APPEALS OP THE DISTEICT OP COLUMBIA. The President, on June 23, 1913, nominated Oliver P. Newman as Civil Commissioner of the District of Columbia. The nomination was referred to a standing committee of the Senate. Certain, persons filed objections to the confirmation on the ground that ‘Newman had not been an actual resident of the District for three years immediately prior to his nomination’ and, therefore, was not qualified to hold the office under the provision of the act of June 11, 1878 1 (20 Stat. 103, § 1). At the hearing before the Committee there was testimony…
1Opinion of the CourtJustice Lamab
1. Usurpation of a public office, from an early day was treated as a crime and, like all other crimes, could be prosecuted only in the name of the King by his duly authorized law officers. When a judgment was obtained against the intruder he was not only ousted from his office but fined for his criminal usurpation. A private citizen could no more prosecute such a proceeding in his own name than he could in his own name prosecute for the crime of murder — even though the victim was his near kinsman.
2. But in time the criminal features were modified and it was recognized that there might be…
2Cases cited7 opinions
- Standard Oil Co. of Ind. v. MissouriSupreme Court of the United States · 1912
- American Security & Trust Co. v. Commissioners of the District of ColumbiaSupreme Court of the United States · 1912
- Toncray v. BudgeIdaho Supreme Court · 1908
- State ex rel. Depue v. MatthewsWest Virginia Supreme Court · 1898
- Demarest v. . WickhamNew York Court of Appeals · 1875
2 more not listed; retrieve them via the Exa API.
3Cited by80 opinions
- Schlesinger v. Reservists Committee to Stop the WarSupreme Court of the United States · 1974
- District of Columbia v. MurphySupreme Court of the United States · 1941
- Sharon Andrade v. Charles A. Lauer, Acting Administrator, Office of Juvenile JusticeCourt of Appeals for the D.C. Circuit · 1984
- Story v. RivesCourt of Appeals for the D.C. Circuit · 1938
- Sundance Land Corporation, a Washington Corporation v. Community First Federal Savings and Loan Association Columbia River Service CorporationCourt of Appeals for the First Circuit · 1988
75 more not listed; retrieve them via the Exa API.