Evening star., 1900-05-09
THE CODE OF LAWS
Deplorable Hitch in the Process Of
Its Adoption.
MIX. MODD SOLELY RESPONSIBLE
History Of Long Effort to Secure
Systematic Legal Procedure.
FA IL Z RE A CAL A NJ L y
IR. MODD SOLELY RESPONSIBLE
FAILU RE A GALA NIFTY


To the Editor of The Evening Star:
The condition IN which the new code has
been placed in the House of Repre- esenta-
tives is causing great anxiety to those who
have laborcd so hard in lis compilation and
preparation, and to the people OF the Dis
trict generally 1t appears to be entirely
due TO the action II Mr.. Mudd from Mary
lard. What his motive was do not know,
but it is to be regretted that his action has
impeded great public measure of this
character. affecting so materially and bene-
ficiaily the interests of the people.
The District for 100 years has suffered. in
many ways. from obsolete and anJiQuatCd
laws. and procedures in the courts which
the District inherited from the old laws of
Maryland at the time the territory of the
District was ceded to the United States.
The disadvantage is felt now more than
ever.
In Judge Cox's interesting address before
the Columbian Historical Society, December
y, 1898. on the history of the efforts made
to obtain code of laws fo- the District Of
Columbia is furnished much valuable in
formation.
1t appears in that address that in 1Sol. 10y
act of Congress. the laws Of Maryland be-
came the laws for the people of the Dis
trict of Columbia. Many times since then
efforts have been made to have 4 system C1
laws. or code of laws. in this jurisdiction.
In 1876 the three judges of the District
court and the district attorney AT
tempted to devise practicable code.
and in 1878 Judge Cranch. the chief justice,
presented a code of laws to Congress, upon
which no action was taken. About 1881 a
joint committee of the two houses of Con-
gress was appointed and prepared sys-
TEN of law and reported 1t in 1S32- Owing
to the sentiment of the people against de-
parting from the legal system then existing.
to which they had been accustomed. no
action was taken From that date until
1855. although many efforts We're made to
induce Congress to provide for code, moth
ing was done.
In 1850 an act was passed providing
for commission of two to revise, simplify
and digest the laws of the District. They
reported the result of their labors in 1851.
which was submitted to a vote of the peo-
pie, and failed to be adopted. In 1sf2 an
other commission was nominated by Presi-
dent Lincoln, by authority of Congress, but
the Senate adjourned without confirmation.
in 1868. under another act of Congress, Mr..
r. ]. MeigS was appointed to revise and
cCdify the laws. He prepared a system and
code of 200 pages but no action was taken
by Congress. AT the first session of the
Thirty-eighth Congress the District COM
mittees of the two houses were authorized to
revise the code prepared in 30 and 81. but
no report was made, and of course no action
by Congress. In 1872 another attempt was
made by the legislative assembly of the
District of Columbia. but nothing was ac-
complished.
In 1877 d bill was reported to the Senate
for revision of laws, but no action was
taken. In 1879 the president of the board
of Commissioners. Mr.. Dent, submitted to
the Senate a code prepared by Edward
Chase 1ngersCll, under authority of the act
of 1878. establishing the present form of
government, but there was no action by
Congress this code. In the Forty-sixth,
by Mr.. Dent in 1879. In the Forty-sixth
Forty-seventh and FOrty-ninth Congresses
several attempts were made to pass meas
ures for the codidcation of the laws. hut in
each instance failed. Under an act passed
by the Fiftinth Congress William Stone
Albert complied with great care and accu-
racy all the existing laws in force in the
District of Columbia. But that was all that
was done toward code.
In 1875 the board of trade of Washington
extended an invitation to Judge Walter S.
Cox to prepare a code. The Bar Associa-
ttOn promptly joined i'll this move. Judge
Cox accepted and proceeded with the work
No revision or preparation of code has
ever been made with SO much ability and
thoroughness and so satisfactory the
one now before Congress The fact that in
the 80 pa gcs of the code there are but two
or three objections of any consequence is
evidence Of its character and a compliment
to Judge Cox. the bench and the Bar Asso-
citation. After the code had been prepared
by Judge Cox. on which he was engaged
for two years II was then considered in
the winter of 'HS ana 80. by the Judges of
Oui sNt!I'itllS court ana tFE committee
the Bar Association ON Codilication of the
law. The court adjourned and devoted its
whole time with the committee to this sub
Ject for several weeks. 50 Important and
necessary did il consider new code
Although introduced into Congress, ii was
too late 20 be considered at that session
This past winter the court again adj
1ourned To enable Judges c. c. Cole An
drew Bradley and job Barnard with the
committee of the Bar Association. consist
ing of A S Worthingron ". F. MattingIy
r. r Perry, j. J. Darlington Leon To-
hiIhEF. = q. johnson. Geo. F. Hamilton
Nathaniel Wilson and A. A. Birney. to fur
ther consider and perfect the proposed code
ana to meet as far as possible all obiec-
tons They held meetings daily. commcnc-
ing at 10 o'clock in the morning for n,,ar
four weeks; after which it was nnaniuons
ly approved al a meeting of the Bar Asso-
cation and al a large meeting of the boar,
OF Fade; Inc hill was then introduced by
MI Jenkins in the House of Representa
tlVes. and referred TO the committee for tba
District OF Columbia '
The committee, after making several
colnpara lively unimportant amendments,
reported IL to the House. An even
ing was assigned for its reading .nd
consideration. when Mr.. Mudd made
objection and stopped its progress For
several weeks the proposed new code
has been printed by order of the House of
Representatives. and copies have been and
are oDtaihaDle upon application, and there
fore no one need be ignorant of its proyis-
ions II he desires to be informed.
No great measure, such as the co6ifca
tlon OF al! the laws of the District of Co
lumbia, could be prepared and considered
Tor adoption TO which 1t could reasonably
be expected there would be no objection. In
view of the vast subject which II covers
and diversified interest no code can ever he
presented more acceptable than the one
now before Congress. Should this fail it
may be considered as calamity to this
community There is no part of the terri
tory of the Union that has not a modern
and intelligent system of laws or a code.
and If this fails at this time it is doubtful
whether another code will be so well pre-
pared and presented for the consideration
of Congress in this generation, If ever. 1t
is earnestly hoped. however, that Chair
man Babcock and the District committee,
with the aid Of the committee on rules and
Speaker Henderson, Will find a way to con-
slider the bill, and that II will become a
law this session. thus securing for the Dis
trict of Columbia code equal, at least
in completeness to any in force in the diff
ferent states Of the Union.
JNO. JOY EDSON.
WILL. FILED FOR PRORATE