Evening star. [volume] (Washington, D.C.) 1854-1972, 1897-07-03
COURTS POWER TO APPOINT
Authority of District Supreme Court to Name
Commissioners.
Alleged That 1t IL Without Jurisdtc'
tion-Its Status Not That COntcm-
plated by the Law.

By the provisions of the act of May %,
1896, as heretofore stated In The Star, the
terms of office Of all commissioners of the
circuit courts of the United States expired
June &c. 1897. The following day and on
yesterday the District Supreme Court filled
a number Of vacancies which occurred I'M
DER the act in the list of the forty or more
United States commissioners heretofore ap-
pointed by that court New the point is
made that the Supreme Court Of the Dis
trict of Columbia had and has no power or
authority to make such appointments.
If this contention, made today in a con-
versation with Star reporter by one Of
the best-known and ablest members of the
District bar il correct, then such appoint
ments sare null and void, and no United
States commissioners, 1t Is claimed, can be
appointed for the District Of Columbia I'M
til Congress amends the existing law or
enacts a remedial one.
The act Of May %, 1896, after providing
that the terms Of all commissioners of the
circuit courts heretofore appointed shall
expire on the 30th day Of June, 1897; that
such office shall on that day cease to exist;
that said commissioners shall then deposit
all the records and other official papers APP
pertaining to their offices in the office of
the clerk of the circuit court by which
they were appointed, and that all proceed
iEgs pending, returnable, unexecuted or I'M
finished at said date before any such COM
of according to law by such commissioner
appointed as herein provided, as may be
designated by the district court for that
purposeJ declares that 1t shall be the duty
of the district court OF each judicial dis
trict to appoint such number of persons,
to be known as United States commission
ers, at such places in the district as may
be designated by the district court, which
same powers and perform the same duties
as are now imposed upon commissioners OF
the circuit courts.
Their Authority.
These circuit court commissioners, or
United States commissioners. as they were,
perhaps, better known here and elsewhere,
whose terms of office expired June 80. 1897,
were appointed by the District Supreme
Court by the authority which the court
claimed 1t possessed under section 627 Of
the Revised Statutes of the United States.
That section Is as follows: Each circuit
court may appoint, in different parts OF the
district for which 1t Is held, SO many dis
Greet persons as 1t may deem necessary,
who .,hall be called commissioners of the
circuit courts, and who shall exercise the
powers which are or may be expressly con-
ferred by law upon commissioners of cir
cult courts"
This authority Of the court, 1t Is claimed.
was never questioned, but, a. the member
Of the bar with whom The Star reporter
conversed today, contended the act OF
May g. 1896, expressly provides that the
District court Of each judicial district" Of
the United States shall alone make such
appointments. and only at such places in
district court"
not . Judicial District.
''It cannot be well claimed" said this
member Of the bar. that the District Of
Columbia Il one Of the judicial districts
~ tA,a TJuBtod Qta tas NOR Ia II Ma ~ ~ any