Evening star. [volume] (Washington, D.C.) 1854-1972, 1896-01-02
JUSTICE ALVEYS PLACE
On the Bench of the Court of Appeals
During His Absence.
1t Will BE Filled by the Designation
of Members of the District
Supreme Court.

The announcement Of the appointment of
Mr.. Chief Justice Alvey Of the Court of
Appeals of the District as a member of the
Venezuelan commission was received at
the city hall today with some feeling Of
regret. In point Of fitness, the appointment
was questioned by no one, but the conse-
ouent absence from the bench of the chief
Justice was regretted because, in the opin-
ion of many members of the bar, 1t will be
necessary to call to the Court of Appeals
during the chief Justices absence a mem-
Ter of the District Supreme Court. The
business of the latter court is so large and
pressing at this time 1t is said, that the
absence of one of its members will be
seriously felt. 1t is for this latter reason
that the appointment of Mr.. Chief Justice
Alvey is regretted.
At the present time Judge Cox of the
District Supreme Court is engaged in hear
ing the street extension cases, and will be,
1t is feared, during the time the Venezuela
commission will be engaged. There are but
six members of the District Supreme Court
and. ordinarily, there are six courts to be
fled-two equity, two circuit and two
criminal courts. Besides, now and then, a
Probate Court. District Court, and the
Court in General Term.
The assignment Of Judge Cox to the Dis
trict court % hear the street extension
cases has practically reduced the number
of the Criminal courts to one, and the call
ing of a member to the Court of Appeals
will also reduce the present number of
either the Equity or Circuit courts to one
So, 1t is feared, the selection of Mr.. Chief
Justice Alvey for this new duty will re-
duce the number of members of the Dis
trict Supreme Court available for duty IN
it to four, loss which will, il is believed,
greatly retard it's business.
The Law I'm the Case.
The law relating to ths assignment Of
members of the District Supreme Court as
members of the Court of Appeals is as fol-
lows. being found in the act of Congress of
July 80, 1854, amending the act creating
the Court of Appeals:
III any member of the court shall be alb
sent on account of illness or other cause
during the session thereof, or shall be dis
particular caase-by having been of counsel
therein, or by having as justice of the Su-
preme Court OF the District of Columbia
previously passed upon the merits thereof,
or II Tor any reason whatever it shall be
impracticable TO opraih full court of three
Justices, the member or members of the
court who shall be present shall designate
the justice or Justices of the Supreme Court
OF the District Of Columbia to Temporarily
Ell the vacancy or vacancies SO created
and the justice or justices SO designated
shall sit In sad Court of Appeals and per
form the duties of member thereof while
such vacancy or vacancies shall exist; pro-
V.aea. that no justice Of the Supreme Court
OF the District of Columbia shall, while on
the bench of said Court Of Appeals. sit in
review of any Judgment, decree, or order
which he shall himself nave entered or
made; provided, also, that IL the parties to
any cause shall So stipulate In writing BY
tneir attorneys and solicitors, such cause
may be heard and determined by two jus-
uces OF the court, without calling In any
OF the Justices OF the Supreme Court Of the
DiStrlct OIL Columbia, and provided also
tnat all motions to dismiss appeals and
other motions may be heard by two jus-
tces, Ii the event Of the absence or dis
qualincation CT any one of the Justices as
aforesaid; and provided, further, that IL in
any cause heard before two justices as
AFORESAID, the court shall be divided in its
oplhlon' then the Judgment or decree of the
lower court shall stand affirmed"
They Will Take Turns.
=. The Court Of Appeals will resume its
session Monday next, when, it is expected
Justices Morris and Shepard will designate
a member Of the District Supreme. Court tn
sit In the absence Of Mr.. Chief Justice
Alvey. But, as the law prohibits any MEM
Der of the District Supreme Court from sit-
ting In the Court of Appeals in any case
heard and determined by him below. diff
Icrent members CT the District Supreme
Court will, from time to time during the
absence of Mr.. Chief Justice Alvey have to
be designated, in order to have at all times
a competent court. Several times Mr.. JUS
tice Morris has deemed himself disqualified
to hear cases coming before the Court of
Appeals. and on those respective occasions
Chief Justice Bingham and Justices Cox
and McComas of the District Supreme
Court have sat in the Court of Appeals