Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-03-28
Their Condition Discussed by the
Board of Trade.
TIE need FOR A C0DIPICA1IoN
Justice Cole and Others Describe
the Situation.
LAST NIGHTS MEETING

A subject of great interest to tie people
of the District, namely, the need of code
CT laws for the District, was discussed last
evening at a n Getting of the board of trade,
which was held at the Builders Exchangr.
The discussion was participated in by rep
resentatives of the bench Of the District,
the men who are called upon to interpret
the laws, ard consequently are familiar
with their needs and defects. All the
speeches were listened to with the closest
attention, and at times point made elicit
ed an outburst of hearty approval The
board evidently recognized the unsatisfac-
tory condition of the laws of the District,
for before the meeting closed a resolution
was adopted appointing a committee to
take such action as may be necessary to
bring tie matter TO the attention of Con-
gress.
The attendance was large, and included a
good representation of the nearly five hun
bred members of the board, as we'll a
number of invited guests, the entire as
semblage constituting representative
gathering of the substantial interests of the
city. After the minutes mad been read by
Mr.. John b. Wight, the secretary of the
board. Mr.. Warner, the president OF the
board, introduced as the speaker of the
evening Justice C. c. Cole of the Supreme
Court of the District, who with Justice
Seth Shepard of the Court Of Appeals, and
Justice Hagner of the District Supreme
Court, occupied seats on the platform In
the few remarks introducing Justice Cole
Mr.. Warner spoke of the success in part,
which had crowned the efforts of the board
in securing an increased water supply for
the District and expressed the hope that
in the attempt which he trusted would be
made to secure d code for the District a
complete success would be the result.
Justice Coles Address.
In opening .his address Justice Cole said
that he was more accustomed to make adj
dresses to juries than to public audiences.
He said that in this case he could regard
the members of the board as Il Jury to hear
the case of the people of the District as
compliments, against Congress, defendant.
The charge was negligence, but as there
seemed to be some doubt about the laws
he would have to instruct the jury to re-
turn verdict of not guilty. In what he
had to say he did not represent his asso-
ciates On the bench, but expressed merely
his personal views. He said that the Dis
trict did not have code of laws and never
had one. number of efforts had been
made to secure the enactment of code,
but they had proved abortive, and in the
case of soma the people ought to feel
thankful that this had been the result. He
spoke at some length of the recent compila
ton of the laws by William Stone ADert,
value. He said that this compilation
contained all the laws which are,
and are supposed to be. in force in
this District. These laws came from
variety of sources, and comprised
statutes of England in force in Maryland
at the time Of the cession of the territory
now embraced in the District to the United
States fer the seat of government, some of
which were upon various subjects passed
upon by parliament, from the date of the
Magma Charta in 1915 to lib; the statutes
passed by the legislature of Maryland be-
tween April &c. 1T04, and February 81, 1901.
when Congress assumed jurisdiction over
the District: the acts of Congress passed
since the latter date, especially relating to
the District, and still remaining IN force;
acts of Congress of a general nature APP
plying to the country at large, but by terms
thereof made operative also in the District:
and the acts of the legislative assembly of
the District passed between June 2, 1871,
and JuEe %, 1878.
Origin of District Laws.
It would be seen, said the speaker, that
the laws in force in the District came
from four different sources and covered
a period extending over 600 years. Some
of the laws, which had been enacted in
England 600 years ago, and which had long
ago been superseded in that country, are
still in force in this District. He referred
to the marginal notes in Mr.. Abert's COM
pilation, which gave the information as to
whether the sections of law referred to
had been held by the courts to be in force
III NARY dHu, WHtu lIe CcSoloH toOh PiaSG,
but there were a number of these laws
about which no decision had been made.
and consequently Mr.. Albert had no means
of determining whether they were in force
or not. He, however, gave them place
in the compilation. as it was perfectly
proper that he should do. Congress has
not in any manner declared that any spe-
cific British or Maryland statute was in
force in the District; its only declaration
was when it assumed jurisdiction over the
District. and a law was enacted declaring
that the laws of the state of Maryland, as
they now exist, shall be and continue in
was coded by that state to the United
States and by them accepted"
$50 that such British and Maryland stat
utes and such only as were in force in
that act" said Judge Cole, became opera
tive in this District, and Of course, they re-
main in force here except so far as they
have been repealed or modified by Congress
or possibly by the legislative assembly of
the District"
The questions of what were in force at
that time and what have been repealed
have been the subject of many decisions of
the courts from time to time, but there are
many of those statutes concerning which
there never has been any judicial de-
cision, and it appears from this that 1t is
an open question with our courts as to
whether all the British and Maryland stat
utes in the Albert compilation are in force
here. Doubtless most Of them are, and
where they have not already been SO de-
clared by the courts probably would be,
with some exceptions. One exception is
illustrated by a recent decision of the Dis
trict Court of Appeals, declaring that the
statute of James l, passed in the year 1904,
in relation to bigamy, is not in force here,
but was repealed by the act passed in 1862.
and amended in 1882. Although that act
does not refer to the District in terms, the
Court of Appeals declared it locally appli-
cable, and therefore in force, by virtue
of the declaration Of Congress made in
1871, that all acts of Congress of gem
eral nature not locally inapplicable should
operate in the District, though not express
ly so stated in the act itself. Under this
declaration it becomes question for the
courts whether any act of a general ma
ture not specifically naming the District
is to operate here.
The Legislative Assembly.
another source of uncertainty as to the
statutory law in force in the District" de-
clared Justice Cole, arises out of the laws
passed by the legislative assembly in the
years 1872 and 3. The courts have held
that that body did not possess general leg
islative powers, but could only enact such
laws and ordinances as a board of alder
men and common council of city or
other municipal corporation might lawfully
enact. 1t did pass many acts Of both char
how nf