The Indianapolis journal., 1894-03-18
OBSOLETE LAWS.
Why 1t Is Difficult for Woman to
Secure Damages at WasEington.

Secure Damages at Washington.
Special to the indianapolis Journal
WASHINGTON, March 17.-In connec-
ton with the Pollard Breckenridge breach
OF marriage promise trial lawyers are dis
cussing the laXity of laws governing the
morals of the District of Columbia Whiie
it is pretty generally believed that Colonel
Breckenridge will have a judgment entered
against him in favor of Miss Pollard, it
will create no especial surprise if nearly
all of the evidence should be against him
and yet he should escape. The laws con-
trolling the District of Columbia and every
thing therein are full of conflict and in
consistency.
When, more than century ago, IL be-
came necessary 10 find some laws for the
immediate government OF the little terri
tory of the District of Columbia Congress
seemed to reach out in every direction and
grasp everything that offered a suggestion.
A part of the old English code fresh from
the lords who established Great Britain
and some of the old blue laws of Maryland
and Virginia were gathered together in
conglomerate mass and adopted as a code
for the District of Columbia almost YER
batin. There were great many features
of these laws which were inapplicable, but
no one seemed to have the time or care
or ability TO bring about proper modifica-
tions. For instance, there is yet upon the
statutes OF Maryland a very ancient law
which forbids slave owner feeding his
slaves oftener than so many times a week
upon terrapin and duck Those two articles
of food. which are now so rare, were once
more than plentiful in Maryland; they were
a pest. No one in that old State has ever
taken the trouble to have the law repealed
There are many other obsolete laws i'm
force in Maryland The same is true in
the District of Columbia. Laws are almost
daily unearthed which have earthly APP
plication, because the objects and cOndi-
tionS for which they were adopted have
being entrapped by these obsolete laws bv
eXhumations at the hands of the old pro-
fession.
Unwritten more than the written code
governs the procedures in the courts here
at present. 1t reminds of a parliamen-
tary body which attempts to proceed be-
fore IL adopts code of rules; il must pro-
ceed under common procedure, ordinary
parliamentary law. 1t may be said that
this Is strictly true of the trial of causes
here. The laws governing the trials and the
actions of the court and upon which ver-
diets are reached are more the laws OF
States than the District of Columbia MANY
times efforts have been made TO have the
great mass OF civil and criminal laws for
this District codified, but a parsimonious
and indifferent Congress has refused to an
propriate the few thousand dollars to cover
the expense, in spite Of the fact that there
is scarcely week passes when more money
is not wasted or illegitimately wrested from
some innocent person.
The irregular condition of the laws is the
secret OF the great length Of trials here
1t will be recalled that the famous Star
route trials in lSSl-S2 covered the better
part Of a year. The best lawyers in the
country were employed. and there was a
constant series of surprises throughout the
trial by the unearthing of vague, indefinite
and obsolete and inconsistent laws. No
sooner would one expert find a law than
another would dig up one to contradict or
nullify X. In accepting one law Congress
had failed TO repeal another in conflict.
This may be a characteristic of the Pollard
Breckinridge trial before it is disposed OF
for it is believed that whatever the verdict
may be at the hands of this jury there will
be an appeal or revival of the cause. Law
yers throughout the country Will never for
get the length OF the trial of Guiteau who
assassinated President Garfield. The way
the lawyers juggled the statutes and mixed
up the codes In the introduction of expert
testimony bearing upon the sanity or in
sanity OF the prisoner was amazing
But aside from and above all this the laws
governing morals In the District of Columbia
are strange. There are some OF the lowest
and worst crimes on the calendar which
have no description N law here and which