Evening star., 1898-05-21
PoLICE-C -CouRI CONTINUOUS
Opinion Of DAtrskt Attorney Davis
Upon the Sub3aet-Provisiohs of
the LaN Quoted.


From time to fime during several years
past the question has arisen among the
officials of the Police Court of the District
as to the right of the judges to dispense
with holding session on legal holidays.
During the term of the late Judge Miller
he and Judge Kimball examined the stat
utes on the subject and each arrived at
the conclusion that a session Of the court
must be held every day in the year except
Sunday.
Since Judge Scotts accession to the bench
the subject was reepened, he believing that
the court could adjourn over such day
and Judge Kimball adhering to his original
view of the case
In order to elicit further information
upon the point Judge Kimball few days
ago asked District Attorney Davis for his
opinion on the subject, and he has received
from him the following reply:
Il have your favor of the 18th instant
asking my opinion whether the Police Court
has the power of adjourning over legal hoH-
days other than Sundays under the law
providing for its organization.
Without Authority to Adjourn.
1T is my opinion that the court has no
power so to adjourn. The general law pro-
viding for public. holidays in the District is
section 993 of the Revised Statutes Of the
United States relating to the District Of
Columbia. and that section declares that
the days therein named shall be holidays
within the District, and shall, for all pur-
Ioses OF presenting for payment or accept
aEce, Tor the maturity and protest, and CIV
ing notice Of dishonor of bills of exchange,
Dank checks and promissory notes or other
negotiable or commercial paper, be treated
ana considered as is the first day Of the
week, commonly called Sunday, and all
notes, drafts checks or other commercial
or negotiable paper falling due or maturing
on either of said holidays shall be deemed
as having matured on the day previous.
IN the days mentioned in this section
Washtngton's birthday, Inauguration day
and Decoration day were not originally
included. These aforementioned days were
made holidays by the acts of Congress Of
January 81, 1879, June 1S. 1883, and August
l, 1883. respectively. The act declaring
Washington's birthday holiday amended
sectoh S95, above quoted, by the following
WORDS: BY adding to the days therein de-
cared 10 be holidays within the District
the twenty-second day of February, and
said day shall be holiday for all the pur-
poses mentioned in said section
Ine act making Inauguration day a
holiday contains similar language
Ihe act making Decoration day q holi-
day Is in the following words:
Ihat the thirtieth day of May in each
year usually called Decoration day. shall
the District of Columbia as fully in all re-
Spec9s as are the days mentioned as holi-
days in section 993 of the Revised Statutes
OF the District OF Columbia
Purpose of COnKress
In ordinary, an enactment that a given
day shall be a legal holiday might be
thought to make such day a dies non
peridieus to the FUR extent to which Sun
day Is such this non juridicus, but the use
IN section SOB of the words which 1 have
quoted shows that 1t was the purpose Of
Congress to make the days therein mention
ed holidays. for the purposes mentioned. and
this is reinforced by the language of the
several acts above quoted making Washing
tons birthday. Inauguration day and Deco
ration day holidays, for such acts, in terms
provide that those days shall be HOLIDAYS
Ior the purposes mentioned in section yy,
l am aware that the holidays in the Dis
trlct nave been considered such by the vari-
Gus, departments of government So far as
the work of, this, department is concerned
put this fact does not in my opinion affect
the question,
as respects the Police Court, it seems
question by the terms of the law creatine
the court, which law provides that the
court Shall hold term on the first Mon
aay OF every month, and continue the same
rom DAY 70 day as long as 1t may be neces-
sary Ior the transaction of it's business AS
legal holidays are not excepted in this nro-
ViSioii' 1 90 not see any escape from the
conclusion that SO long as the court has
cases to try 1t must sit from day to day,
exclusive, Of course, of Sundays, as Sunday
has been a dies non since the beginning OF
our law.
"A further consideration Is that, as is we'll
settled, public policy very often requires
that legal holidays must be disregarded,
even when they are holidays for more pur-
poses than are the days declared to be hoIi-
days In this District; and as the Police
Court has to do with offenders who under
the law, would be required to be confined
without food during the whole of the legal
holiday, If the court were not sitting on
that day. and as Congress could have ex-
cepted legal holidays had it been it's inten-
ton SO to do, think 1t clear that the court
ought, and under the law must, sit on legal
holidays as has been it's practice since its
organization. And confrmatory of the
opinion thus expressed may add. In con-