Evening star. [volume] (Washington, D.C.) 1854-1972, 1890-03-26
COMPILING THE LAWS.
Extent Of the Work which Messrs.
Albert and Fendall Are Doing.

M ABERr's TALK BEFORE A SENATE srBcoN-
nrrrEE-nANI voLunks THAT HAVE TO BE
EXPLORED IN SEARCH OF LAWS APPLICABLE TO
THE INSTRUMENTATION OF COMPILATION.
The Senate subcommittee on appropriations,
consisting of Senators Plumb, Dawes and
Cockrell, gave hearing yesterday morning TO
Mr.. William Stone Albert who presented let
ter from the justices of the Supreme Court Of
the District recommending that Congress make
an additional appropriation of $1,000 for cler-
icai assistance and the necessary incidental ex-
penses Of the commission
The justices in their letter state ..that they
nave been advised by the commissioners ap-
pointed by them to compile the laws OF the
District under the act of Congress approved
March 2, 1855, (25 Statutes, page s72.) that an
additional appropriation is necessary; that
tney have examined the book OF accounts kept
py the commissioners and find that the funds
(SI,ooo) already appropriated have been nearly
appended and that proper economy has been
ooserVeai that they are of the opinion that at
least the further sum of G 900 will be required
Tor clerk hire and incidental expenses in order
| to properly conclude the work and respect
| 1ully recommend that Congress make an APP
| preparation accordingly.
THE EXTENT OF THE WORK.
The subcommittee was FURNISHED with a
brief prepared by Mr.. Albert, showing the ex-
| tent of the work of compilation and a list of
the volumes from which the statutes are to be
compiled.
The following is a complete list:
The British statutes in force in Maryland
at the time OF the cession OF the territory TO
the United States for the seat of government
These statutes are contained in Alexander's
British Statutes, containing S47 pages and
kiity's report on the British Statutes in force
IN Maryland, containing 2S9 pages.
1.-The statutes of Maryland, beginning
| with the session of the Maryland assembly held
the 26th day of April, l704. and ending with
the acts passed prior to February "a, 1901.
These statutes are contained in "kilty's Laws
OF Maryland" two volumes, containing 1859
pages, exclusive of index. This work contains
the acts of the Maryland legislature through
November. 1893, and the additional acts appear
In the year books subsequently published.
uL-The Revised Statutes of the United
States relating to the District of Columbia,
containing POI pages.
IV.-The Revised Statutes of the United
States, containing 1894 pages Many OF the
| chapters and sections of this work contain
statutes In force exclusively in the District of
Columbia. By section 80 of the Revised Stat
utes of the District of Columbia it is declared
| that 'All The laws OF the United States which
are not locally inapplicable shall have the
elsewhere within the United States"
Thus, In the case of Page agt Burnstine. vol
ume lo2. United States Reports, page Goa il was
| decided by the Supreme Court of the United
States that section S5S of the Revised Statutes
applies to the courts of this District. There
are three classes OF statutes of the United
states which have special applicability to the
| District OF Columbia, viz:
i. Statutes defining the duties of public off,
GERS, which are TO be performed at the seat of
government.
2. Statutes relating to the whole United
States, in which statutes the District OF CO.
lumbis is specifically named
.. Statutes, civil and criminal referring to
certain territory of the United States and ali
places or districts OF country under the eX-
elusive jurisdiction of the United States
N.-The acts of the legislative assembly of
the District from June 2. 1871. through June
70, 1873 containing 416 pages. In the case of
WEIGH agt. Cook, page j42 of 81 United States
reports, the Supreme Court declared that Con-
! gress had power to invest the District govern
ment with legislative authority.
Wine corporation laws and ordinances of
the city OF Washington appearing in Webb's
Digest, containing 649 pages.
Willie laws and ordinances OF George
| town.
VIIL-The laws and ordinances of the Levy
Court, Le., including the territory in the Dis
trlct outside OF the cities OF Washington and
| Georgetown. These ordinances of the three
municipalities are declared to be in force by
| section 81 of the Revised Statutes of the Dis
| trlct OF Columbia, except modified by Con-
| gross or the legislative assembly. In the very
recent case OF John Curtain. prosecuted for yio-
| lation OF "Georgetown Sunday law" the JUS
tee In delivering the opinion of the Court In
General Term remarked that ''all records of
the Georgetown corporation seemed to have
disappeared from the face of the earth as COM
pleteiy as the municipal regulations of Pom
peii."
lA.-The ordinances of the board of health,
Iegailzed by act of Congress. 81 Statutes AT
Large, p. 3O4; see also Richardson's supple
ment to the Revised Statutes, p. ga
A-Ihe Statutes at Large contained in vol
umes 10 to 70, inclusive, containing 4 ,5a pages,
making total OF over 10000 pages to be exam
med by the compilers.
THE IMPORTANCE OF THE COMPILATION.
II is understood that Senators and Represen-
tatives in Congress, especially the members of
the District committees, are embarrassed when
called upon to legislate for the District of CO.
lumbla because OF the uncertainty as TO whether
there Is OF is not statute in force which might
avoid the necessity of additional ard possibly
! conflicting legislation. 1t is therefore import
ant that a complete compilation be prepared
and that there should be no interruption IN the
prosecution of the work for want OF necessary
! funds to pay for curren. expenses The act
under which the work Is being performed does
not permit the commissioners to receive any
compensation until after the completion of the
work.
The commissioners originally appointed by
the court were Messrs Vim. Stone Albert and
Benjamin G.. Lovejoy, bur in the autumn OF
last year the health of Mr.. Loyejoy failed and
he was taken SICK and died November p. 1859
On the I'd of December the court appointed
MIR. Reginald FendaIl to fill the vacancy occa-
stoned by the death of Mr.. Lovejoy. Mr. Fem
dali Is the president of the Bar association of
the District and is eminently qualified by learn
ing and experience at the bar to perform the
duties of compiler.
The work is being prosecuted at the Office
rented by the commissioners i'll the second
story OF No. 4OS 9th street, where all the mate
rial and books are collected and arranged.
The general outline of the work is in accord
ance with Mr.. Brishtly's plan and the compila-
ton VIII be a complete collection OF the stat
utes and parts of statutes in force" following
as lar as possible the old landmarks of chapter
names and titles with which the courts and
members OF the bar are familiar visit to
the office OF the commission will be of inter-
est to any one who may desire to learn how
the work IN detail is being performed.
He Was an Austrian.
A New York Tribune special from San Fran
cisco says there is now no doubt that the IN