Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-03-28

was not entitled to dover In the real
estate Of her husband If 1t was sub
ject to a mortgage or deed of trust
at the time Of his death, in the exc
cution of which she had Joined, or
one which he had given before the marriage.
in most states a more modern law prevailed.
He spoke Of the defective law which ex-
listed here relating to the rights and pow
ers of married women owning property.
The attempt made in the law of 1869 to-
remedy the evil left the situation worse
than 1t was before, and now the situation
was SO uncertain that it was regarded as
dangerous to deal with married women's
property. He said that in the District there
was no degree of homicide between MUIR
der and manslaughter, and, so, frequently
a penalty of ten years, which was the limit
for manslaughter, had to be imposed in
in the second degree, meritng imprison-
ment for life. He said that there was no
statute Furnishing assault with deadly
weapons, unless intent to kill was shown,
except by term Of Imprisonment in Jail.
Judge Cole said that the forms OF the
deeds for conveying fee simple in real
estate were too cumbrous and should be
reduced in size. In the state of Virginia,
for example, he said, all that was neces-
sary to convey a fee simple title was to
use the word grant in form less than
ten lines long, including the acknowledge
ment. Owing to the unnecessary length Of
Tic ucSu AcIe Tic plopeIty OWhcIS WSIc
obliged to pay larger fees for recording, so
that the fees of the recorder of deeds were
not only sufficient to pay his salary and the
expenses of the office. but left a large
balance to be turned into the United States
treasury. He thought that might as well
be saved to the people of the District.
But Notwithstanding this sad condition
of our laws, said Judge Cole, what we
now have, with such changes aud addt-
lions as Congress may make from time
to time, is to be preferred to any crude
code that might be constructed by per-
sons not familiar with the situation and
our needs, present and future Cor gress
could not enact such code is re-
quired, for the time and attention neceS-
sary for such work is not at the dis
posal of that body. Such a code should
is obsolete or useless of what we now have,
and there should be added such provisions
as would make complete system of civil
and criminal laws, and they should be de-
claratory and explicit. commission COM
posed of trained and practical lawyers of
large experience in the District could Gre
ate a code which Congress need not touch
except to ratify with it's seal of approval.
Justice Shepard's Comments.
Upon the conclusion of Judge Coles re-
marks, Justice Shepard of the Court of APP
peals was called upon, and said that he had
come to hear Justice Coles discussion of
the antiquated system Of laws in force in
this District, and not to say anything him
self. He confessed to his surprise at find
ing in force in this District such an old
fashioned law in regard to the rights of
married women. He was also surprised to
learn that in some simple matter they had
to go back to an old Maryland law. He
trusted that the efforts now being. made
would result in a more enlightened system.
He congratulated the citizens of the Dis
trict that while the laws had fingered in
the slough of inactivity the city itself had
kept pace with the progress of the age. He
said that progress in improving the law had
always been siow but that movements in
this direction were due mainly to the eff
forts of men in business and that the
practical suggestions had come from that
class. He was confident that the effort now
being made by the board would meet with
success.
Justice Hagner's Views.
Justice Hagner of the District Supreme
Court was then called upon, and said that
while the situation in the District was bad
owing to the variety of sources from which
the laws were derived, the condition was
not unknown in other places. He thought
that the fault for the present state of af-
fairs was not the fault of the citizens, but
OF Congress. as that body had been ap-
pealed to from time to time to afford some
remedy. He spoke of some of the difficulties
arising from the operation of old laws and
cited the law in regard to holding land in
joint tenancy. II. for example, two brothers
bought land, and one was married and the
other a bachelor, the married man diving
first his brother would become his heir
ana the heirs of that brother would come
into the estate, excluding the children OF
the married brother. case of this sort
happened in this city, where claimants
appeared in the persons of the sisters who
resided in England. They got around the
law, however. by taking advantage of the
fact that it does, not apply to partnerships.
and 1t was found that the two brothers in
question owned and operated a nursery.
He believed that there was only one way to
induce Congress to take action, and that
was for the citizens to display the same
interest in advocating this reform as it was
evident they took in this subject by their
presence at this meeting. He did not be-
lieve that Congress could resist the appeal
OF such a community.
Judge KfmbalPs observations.
The next speaker was Judge Kin1ball of
the Police Court, who said that in men
tioning the variety of laws in force here
the other speakers had not referred to four
sources Of law that the police had to adj
minister, namely, those enacted by the old
board of aldermen and common council,
then there was separate lot of laws for
Georgetown, which was in operation until
the last Congress abolished that division
in the District, while in the county the
laws OF the levy court prevailed, and then
there were a lot of laws enacted by the old
board of health. He said that there were
some laws lacking entirely, such as the one
in regard to adultery or illicit cohabitation
He spoke of laws which were enacted for
when it was a village, but
could not be enforced now that it had be-
come city. He trusted that a more mod
ern system Of laws would soon be provided
for this city.
In the course Of some remarks District
Attorney Birney, who was the next
speaker, spoke of the defect in the laws
which failed to recognize incest as a crime.
He referred to the efforts that had been
made by the citizens to secure CODE and
the interest taken in the matter by the
members of the bar. He believed that by
the force of combined attack by citizens
on Congress that something could be ac-
Judge Miller Talks.
The audience was kept laughing by the
witty sallies made by Judge Miller of the
Police Court, who was the next speaker
In a playful way he said that he did not
know but what the interest taken in the
revision of the law by the board of trade