The times. [volume] (Washington [D.C.]) 1897-1901, 1900-07-29

Few things are more remarkable in local
experience than that the District OF CO.
lurnbia has never had a code of laws.
Georgetown gathered its laws into books.
Washington city had Burch. Shehan, and
Webb for codiiers. Even the last few
years of the existence of the corporation
of Washington had a supplementary eodi-
fer in Mr. Maurice Pechin; but the Dis
trict of Columbia has never had a code,
unless The compiled statutes in force in
the District of Columbia. including the
acts of the second session of the Fiftieth
Congress, 1SS7-S9, compiled by William
Stone Albert and Benjamin C. Lovejoy,
may so be called.
There were previous to that time more
than one volume which purported to be
District Codes and sometimes novices in
law made the mistake of taking such a
volume as the authorized law of the land.
There must now be in the library of the
District Commissioners several such vol
umes.
OF course the common law of England,
which consisted Of the rules and customs
which had EXISTED from the time whereof
the memory of man Iunaeth not TO the con-
trary," and was suited to American eondi-
items, was from the coming of civilization
in force on both banks of the Potomac.
And when a portion Of the two banks came
under the exclusive jurisdiction of the
United States there was reserved TO the
Virginia side the right and benefit of all
writs, remedial and judicial, made in aid
of the common law prior to the fourth
year of the reign of James the First"
while to the Maryland side there was pre-
served AL such English statutes as ex-
listed at the time of the first emigration of
the people of Maryland, and which by ex
perienee have been fourd applicable to
their local or other circumstances"
So there were two separate systems Of
laws; the same in origin, but varied in
development in force, in the beginning of
the District, and Judges Craneh, Thruston.
Morsell, and others for forty-six years adj
ministered system based on Virginia law
on the south side of the Potomac, and on
the north another system based on Mary
land law. These systems prevailed with
out alteration from 1890 to 1901 on the
Virginia side, and on the Maryland side,
with such changes as were made by the
President Of the United States and the
Commissioners Of the city of Washington
for the erection Of buildings, etc But on
February p, 1901, the District of Columbia
became political and legal entity. and
thereafter no laws passed by the Legisla-
lures of either Maryland or Virginia had
any force therein. Congress was the ex-
elusive and supreme government, but there
existed five subordinate sources OF local
law, viz: The Corporation of Washington
the Corporation of Georgetown, the Levy
Court OF the County of Washington, the
Corporation Of Alexandria. and the Levy
Court Of Alexandria County.
The need of uniformity soon became evil
dent and during the administration OF
President Madison, when the District had
entirely recovered from the effects of the
British invasion, Congress authorized Chief
justice Craneh and his associates TO pre-
pare code for the District of Columbia,
and thus vas begun a work often done
but never effectively completed. Judge
Cranch prepared, at his dwelling. which
still stands on the corner OF Fairfax and
Cameron Streets, in Alexandria. a code
and submitted it TO Congress in 1913. In
ais report he says:
In preparing substitute for existing
statute law it was necessary. If possible, to
ascertain what that law was. This was not
an easy task By act of Congress of Feb
ruary q, 1901, the laws of Virginia. as
they then existed, were TO remain in force
in that part Of the District which was
ceded by Virginia, and the laws of Mary
land in that part coded by Maryland The
laws thus adopted consisted OF so much
OF the common law Of England as was ap-
plicsble TO the situation in this country;
OF the bills OF rights, constitution and
statutes Of Maryland and Virginia modi-
fed by the Constitution and laws of the
United States. and also lin regard to that
part OF the District Of Columbia which was
coded by Maryland Of such OF the Eng
fish statutes as existed at the time of the
first emigration TO Maryland and which
by experience had been found applicable
TO the local and ether circumstances and
OF such others as had been since made in
England OF Great Britain and had been in
troduced, used and practieed by courts of
law and equity Of that State
ITO ascertain therefore what was the
existing statute law il was necessary to
know what statutes OF England enacted
before the first emigration to Maryland
haa by experience been found applicable
to the local and other circumstances of
the country and what statutes since made
IN England or Great Britain had been in
troduced, used, and practiead by the courts
Of law or equity in that State; and also
what OF those statutes had been expressly
re-enac1ed by the State OF Virginia To
obtain this knowledge with as much GER
tainty as the nature OF the case would
permit IL was necessary to examine mi
nutely the English and British statutes
and compare them with the statutes en-
acted by Virginia and Maryland. From
these three systems Of statutes 70 select
such as were most important and best
adapted TO the circumstances Of the Dis
trict, to supply such defects as were dis
covered and to combine the whole into one
code required more deliberation and 0ccu-
pied more time than was anticipated"
Notwithstanding the care which Judge
Cranch had spent in the preparation of his
code, it was not even printed for gene al
circulation
Some thirteen years after Judge Cranch
had prepared his code, Mr. William A.
Davis, Washington publisher, Issued The
Acts Of Congress In relation TO the District
of Columbia from July Is 1871, 70 March 4,
1881, and of the Legislatures Of Maryland
and Virginia, passed especially with regard
TO the District" and in the preface he sa. S:
This compilation does not profess 10 con-
tain all the statute Law in force in the Dis
rrict of Columbia, which consists mainly OF
the general statutes of those States which
were in force on the 9th day OF February,
1897. when they were adopted by Congress
as the laws Of the District. This work IL
intended 10 comprehend such statutes as
are not to be found on the statute books,
and the acts Of Congress which have been
passed in relation TO the affairs OF the Dis
trict."
Shortly before the war between the
States Ar. Michael Thompson, an active
member Of the District bar, prep red an alb