Evening star. [volume] (Washington, D.C.) 1854-1972, 1888-03-24

SYSTEM.
The House has passed bill for the compilation
OF District laws and 1t Is in the hands OF the Sen
ate District committee, who are considering it. A
STAR reporter called on Judge wyle the other
evening 10 get his opinion as 70 the necessity fog
such compilation. He had Just received a letter
from senator Ingalls, inclosing the bill and asking
his opinion as to the same matter. He had the
bill before him
WHAT JUDGE wYLH SAID.
1.-THE bill, he said, provides for the collecting
together, the compilation, OF the laws, not Tor
codi1cation- IL authorizes the appointment nv
the supreme Court OF the District OF a commission
OF three 10 make such compilation and 10 report
10 Congress lt deals with the statute laws In
Iorce In the District OF Columbia, and does not
NEEDLE with the common law A cod,fcation
would do away with the common law by reducing
s an laws 70 Apply mere 70 written code am
and are passed TO meet necessities. I am not a
code man. and think this plan Tor a compilation
good thing. The old statute laws We're framed
by good lawyers. and are more carefully draw
than Is the habit OF later years. and we
have the advantage or their having been IN
terpreted for us time and time again The Old
English statutes-and there are many OF them that
apply here In whole or in part-have been inter.
meaning is wen settled. one of the most famous
OF the English laws, the frauds and perjury act,
wA'ch applies here In most part, dates back TO the
twenty ninth year OF the reign OF Charles l. and OF
1t u Is said that the Interpretation OF each line mas
cost the amount OF subsidy. We have the All.
vantage OF all this. The old laws OF Maryland
were drawn by good lawyers and have been fully
tested and interpreted. The meaning OF a law Is
never settled until t has gone through the court !
ana mucn uncertainty and annoyance viii grow
determined In this we have a great advantage
IN our Old laws
THE LAWS THAT APPLY HERE
are the common law, which is the atmosphere OF
law; the Old English Statutes which are appllcs-
IN ,d,fkA rrl
which were In force before our courts We're formed
and the United statutes statutes applicable TO the
District. The laws in force here are good laws
we can punish all crimes and protect the rights OF
the citizens There is no foundation Tor any
charge That they are mixed, vague, or uncertain.
BUT they are scattered through the books, and II
would De great assistance and convenience "a
lawyers coming from other places here 10 have a
compilation so that they could get the laws all
together and see just what they are. All the Old
lawyers or Washlngton-the young ones, too for
mat matter-who have been trained here know
Just where TO go for any law they want There Is
nothing doubtful difficult or troublesome about
our laws for them. They know in what books IA
look for them
BIT A STRANGER CONES HERE
and tries to take hold or the law and he nds it a
tangled skein II takes time for him TO become
familiar. Lawyers who come to the District past
the middle life never do acquire perfect Iamiiar-
ity with our laws. For these and for general Con-
veuience IL would he well to have Compilation
It would be very much better to have all the
one volume properly fndexed. The Proposition
meets with my approval fully.
but II Is not 10 be said that the District is any
worse on Tor laws than any other place, ana that
,here Is any vagueness or doubt as 10 what the
law IS congress cannot pass a law that will
meet with the approval OF q man who ia ignoran nj
vi ~ ana the criticism OF one who knows nothing
Oh the subject Is not worthy OF consideration.
THE LAWS EASY TO MASTER
"a lawyer, for instance, coming from Illinois TO
washington, would lind the laws no more difficult
to master than would a Washington lawyer find
me LIMOS laws; II the Illinois lawyer went to
Louisiana he would ind greater difficulty There.
they have the civil law. All their laws are based
upon that, The language OF the civil law is differ
familiar with the laws OF Louisiana The man
who Is familiar with his tools finds no trouble with
know his tools.
but men from other places are often appointed
10 judicial positions In the District and IL is Diff
cut Tor tn,.m To come TO q thorough understand
ing OF our laws.
THE JURY LAWS
"fou hear the complaint sometimes" continued
Judge Wyne, shat the jury laws In the District
are bad. have given much thought TO the mat
Ter, ana Know these compl ints are unfounded
our jury laws are a. good any there ar, That
is best which IS best administered It depends
upon the administration OF such laws whether
they are good or BAG. know il is annoying. and a
great private. often even a pubic, Inconvenience
for active business men TO be called upon for three
months jury service, but this can be arranged 50
tnat no great hardship may come OF IL without
detracting from the character OF the Jury. Many
citizens are proud to do jury servce-I nean citi-
Zens OF standing and responsioilluy-ah from
Jurors sey viii, 'ney rDsh make the best Of
the list When / was on the bench
II an active business man was drawn for the Jury
ana he was trying TO avoid the service while /
wanted hiS assistance would take him aside an 4
tell him that he need not DC uneasy: that after
ne had done the service desired Of HIM he would
be relieved ana not be required TO serve the Iull
three months. The law permits the court TO ex-
cGSe Juror and TO draw others, and when this
privilege Is wisely used good jurors may be had
without great. inconvenienclng the citizens or
proyoking dissatisfaction. We can always get
good JureS.
LAWS NOT TO BE RErEALEp.
"This compilation OF the laws does not include
or imply any repeal OF laws. After they are all
got together II may be found that there are some
that We could dispense WITH but our hole system
is good. There are few or the old MARYLAND Laws
winch have probably never been repealed, but
which have no application to our conditions
sucn, perhaps as that making 1t crime to deny
the Holy Trinity. But any court would decide
these TO be obsolete. The gathering together of
all the District laws In one volume would be a
valuable work.
JUDGE MACARTHUR's VIEWS.
Judge Macarthur said: 81 have received a com.
munication from senator Ingalls, enclosing a COPY
OF the act and asking for expression OF nv views
i have no objection 10 stating In advance that as
the statutes, outside the Revised statutes, OF the
District OF Columbia comprehend The Old British
laws and Maryland laws, most OF which are appli-
cable 10 the District aud have been passed upon
and Identified by the decisions; that il would be
great COW en1ence II they could be compiled into
some convenient form. / should be opposed 10 any
codfcation OF the civil or criminal law and rules
OF practce OF the court In regard to the practice
OF the courts the statutes now authorize the Su-
preme Court OF the District to simplify and adopt
IL to the present necessities and wants and in pu-
suance Herewith the court has from time TO time
adopted rules for practice u regard to proceedings
and pleadings which have very much simplfei
them.
COMMON LAW
81 am now Of the opinion that the common-law
practice OF the District is the simplest and best
calculated to secure the administration OF Justice
that prevails anywhere in the United states. The
statutes in regard TO municipal law are some
what scattered, and when any particular statute
Is desired special examiner then becomes neces-
sary, and IL is only by very diiigent and exhaus-
great Inconvenience to the court aud bar and
still greater TO the public, who should have the
readiest means OF access TO the laws which govern
them in SO many relations. While, therefore, am
not In favor oil law for general codification for
the District OF Columbia-an experiment which
has already been tried without much success or
benefit am strongly In favor OF compilation OF
the statutes into a single volume, provided that
rienced members OF the bar who will give the work
the requisite Time and attention TO make II COM
pete. / should regard the appointment OF those
who should compose this commission as matter
put on It either because he wants IL, or through
the importantly OF friends on his own behalf WITH
out the qualifications TO which have referred"
THE PRESENT JUDGES.
Chief Justice Bingham, OF the Supreme Court OF
the District. speaking for the court, said: "we
have been asked for our Views of the bill by the
committee, and we have had some discussion OF