“ The conclusion that the relator must have a personal interest in the office before he can sue in the name of the United States is strengthened by the fact that the courts of the District not only have jurisdiction to issued quo warranto against officers of the District, but against all those, attached to the seat of government, who held a statutory office. ”

“ The act of Congress of force in the District, instead of being limited to municipal officers, applies to any office, 'civil or military,' and differs from those in any of these states. It specially differs from those which treat the writ as being available to any person. The Code provides that a 'third person' the equivalent of 'any person'-may institute the proceedings only after he had secured the consent of the law officers and the court. ”

“ The interest which disqualifies a juror from serving, as well as the interest which would authorize this plaintiff to sue, must be some personal and direct interest in the subject of the litigation. The same definition has often been given in quo warranto cases. The interest which will justify such a proceeding by a private individual must be more than that of another taxpayer. ”

“ By virtue of their position, they, at their discretion, and acting under the sense of official responsibility, can institute such proceedings in any case they deem proper. But there are so many reasons of public policy against permitting a public officer to be harassed with litigation over his right to hold office, that the Code not only does not authorize a private citizen, on his own motion, to attack the incumbent's title, but it throws obstacles in the way of all such private attacks. ”

“ 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. ”

“ This is true of the acts underlying some of the decisions relied on by the relator, Frizzell.
For example, the English cases are based on the statute of 9th Anne, chap. 20, which, in terms, related to suits against those 'who unlawfully exercise an office within cities, towns and boroughs.' It expressly authorized the courts to permit informations in the nature of quo warranto 'at the relation of any person . . . ”