The times. [volume] (Washington [D.C.]) 1897-1901, 1900-07-30
FAILINGS OF THE CODE
Weak Spots in the Proposed Laws
for the District Pointed Out.
Instances in which Defendants in
Criminal Cases Are Declared to~Re
at "a DisadVantaEe-Gam and
the Mile Limit-The Work of Ex-
animation and Revision Divided.

| attorneys for the District chairman of Il
special committee appointed some time as
| by the Washington Bar Association TO e1
anime and if necessary revise the ne
code of laws compiled for the governmer
of the District, has divided the work anon
| the ether members. The allotment of til
| proposed code by chapters is as follows
Walter d. Davidge, to 6, inclusive, whic
treat of the organization and power of I'll
| different courts of the District and I'll
| Supreme Court of the United States: AloT
20 Hart, to u, real estate. arbitratio
| and award, and inso1vent debtors; d. "
| Baker, 10 to IS, attachments, bonds an
| undertakings, conveyancing. and institu
| tions of learning; Ashley NJ. Gould, 10 t
"a, crimes and their punishments, offence
against persons and property, the publ
peace and morality. divorce and ejectment
Charles W. Darr, % to 30, evidence, execu
ton, exemptions, and the fees of officers
Conrad Symme, 81 to sc, guardian AM
ward; husband and wife, habeas corpus
interest and usury, and contracts; Jess,
II. Wilson. 81 to ~, judgments and de
crees, liens. Limitation of actions, ant
H. L. JStAVluS, 10 10 10,
riage, negligence causing death, and part
nership; J. H. Miller, 40 to 60. pleadings
and practice, quo warranto, replevin, and
uses and trusts.
According to the resolution under which
the committee named was appointed and
its duties defined it is expected that 1,
Will have completed its work and be ready
TO report at the close OF the holidays This
committee is expected to report the result
OF Its labor to the Legislative Committee
or the Bar Association and in the event
that there are any differences between the
Two upon any point then the matter will
De submitted to the association for final
action.
The Register of Wills Clause
Since The code. as originally framed by
Walter S. Cox, formerly member of the
Supreme Court of the District, was sub
mitted to the Bar Association for adop-
ton, it has undergone many changes.
both in the way of elimination and addi-
ton. 1t is probable, however, that the
code would have been adopted in its pres
ent condition at the last session of Con-
gress had it not been for the fight over
the elimination of the clause providing fof
the adjustment of the Office of Register
of Wills in the District As the result
of the fight on that question the clause
was stricken out and the code was then
ready TO be offered for adoption as a
whole. The members of the local bar
however, during the last two or three days
of the session of Congress, decided that
the code was still in a very crude and i'm
perfect state and used their influence to
have final action as to its adoption post
poned until the next session. of Congress
The day that Congress adjourned a mee,-
1nf ha Ill
course decided upon. Congress, however
adjourned without considering the ques-
ton o. the adoption of the code before it
was informed of the action taken by the
association.
Some Anticipated Changes.
1t IS expected that the greatest changes
laws for the government of the District will
be in connection with the perfection OF
the criminal code. In some instances 1t Is
claimed that the law does not give the
defendant in criminal cases the benefits
and right he OF she is entitled to. For
instance, in the case of appeal in criminal
cause the defendants right to do so is
discretionary with the justice who pre-
sided at the trial, who may or may not.
as he sees fit, grant the bill OF exceptions
to his rulings presented by the defence II
the justice does sign the bill of exceptions
the way OF the defendant to the Court OF
Appeals for the District is not clear. for
before he can be granted a hearing there
he must forward, with his appeal, a COM
plete record of the proceedings OF the trial
court in his case. In the great majority of
cases this is impossible for, with the ex-
ception of murder trials and other i'm
pcrtant cases, it is seldom that a steno-
graphic record Of the proceedings is made.
In the majority OF cases the defendants
are poor and are unable to pay the cost
Of having a report Of the proceedings at
heir trials made and printed, and SO are
deprived Of any benefits which they might
derive from a stenographie record OF their
asses.
1t is also expected that the committee
which now has the code under examination
will suggest some changes with reference
o gam bling in the District especially in
connection with the mile limit" exemp-
ion A prominent criminal lawyer stated
/ few days ago that he could see no rea-
son for the mile limit exemption. If it is
4 crime to gamble in one part Of the Dis
riet he contends that il should be a crime
10 gamble in any other part. On the same
principle, he said, there can be no reason
for suppressing gambling at poker and
faro and such games and permitting the
operation Of bucket Shops where, he
said, a person has a less chance for a re-
turn for his Investment.
Punishment for Petty Larceny.
1t is also expected that there will be
some amendments suggested in connection
With the law providing punishment for the
crime Of larceny. The same attorney said
that It was strange that there is no law
vision is made. however, he said, for the
punishment for the stealing of a child
from its parents or its guardian. Pro-
vision is made. however, he said, for the
punishment of the person who is found
guilty Of the theft Of a 5-cent loaf of
bread, or any other article no matter what
nay be its value.
In connection with the crime OF larceny
mother prominent attorney stated that he
believed that the statute creating the
rhine of "a second offence of petit lar
,eny" is unconstitutional and ought to be
'epealed. When person is brought to
rial charged with "a second offence of
jetit LARCENY" and the Indictment so
.harging him, is read TO the jury which
5 TO pass upon the prisoners guilt or III
locence. the attorney contended that the
defendant is placed at a great disadvan-
age The Indictment which states that
he defendant has already been convicted
4 the crime Of larceny calls the attention
Il the jury to the fact that he is already
condemned thief. and the natural conclu-
ion 10 draw is that he is also guilty Of the
hence for which he is brought TO trial.
The attorney referred to stated that
here can be no question about it, but that
person found guilty Of committing a GER
ain offence a second time should be pun
he first transgression against the law.
Nevertheless he contends that the far. NJ