Evening star. [volume] (Washington, D.C.) 1854-1972, 1901-11-09

will cease when the code takes effect, by
reason of the omission of a tenure saving
clause therefrom.
By the act of June Z, 1878, the President
is authorized to appoint as many commits
sioners of deeds throughout the United
States as he may deem necessary, with
power to take the acknowledgment of
deeds for the conveyance of property with
In the District, administer OathS and take
dispositions in cases pending in the courts
of the District in the manner prescribed by
law; to whose acts, properly attested by
their hands and seals of Office full faith
and credit shall be given. The tenure Of
office of commissioners Of deeds under this
act is for the period of five years, remov-
able at discretion.
The code by sections 557 and $50 repeats
these provisions of the act of June Z, 1878,
but repeats the act itself, and, as there is
no tenure saving clause In the repeating
provisions of the code, it appears that the
present commissioners of deeds will cease
to hold their offices when the code becomes
operative.
Warden Of the Jail.
BY section 1851, Revised Statutes, District
of Columbia, the Supreme Court of the Dis
trict has authority to appoint suitable
person to act as warden Of the jail, and to
remove such officer whenever, in the opin-
ion of the court, the public interests may
require his removal and to fill all vacan-
cies which may occur. Under the present
law the warden holds Office for the term of
four years. unless sooner removed
These provisions of the present law are
repeated in sections 1887 and 1883 Of the
code, but by reason of the fact that the
code contains no tenure saving clause In
it's repeating provisions and as the present
act under which the warden holds his Of
flee is repealed by the code, 1t seems that
his tenure will cease when the code be-
comes operative.
Officers Affected,
To recapitulate, 1t now appears from the
omission of tenure saving clause in the
code that the following officers are affect
ed: The Police Court judges, clerk and dep
uty clerks. the marshal of the District, his
deputies, the criers and messengers, the
clerk OF the Supreme Court Of the District
and his ~assistant clerks, the auditor Of the
Supreme Court of the District the COM
missioners of deeds for the District, the
United States attorney for the District and
his assistants or deputies the coroner the
clerk of the Court of Appeals, his assistant
or deputy and the reporter of that court,
the recorder of deeds, his deputy, clerks,
copyists and other employees, the notaries
public, the warden of the JAIL his subordi-
nate officers. deputies, guards and en-
ployes. the surveyor anu the present JUS
tees of the peace and constables
When the Revised Statutes Of the United
states. relating to the District of Column
bia. were passed on June o. 1874 1t was
provided by section 1896 as follows: All
ats CohSIcsS prior 10 the 1St
day of December, 1873, relating to the Dis
trict OF Columbia, any portion Of which Is
embraced In the foregoing revision. are
hereby repealed, and the section applicable
thereto shall be in force in lieu thereof:
and this revision of the acts of Congress-
relating to the District of Columbia shall
be subject to, and governed by, the proyi-
sions of chapter seventy-four of the Re-
vised Statutes of the United States, entitled
Repeal Provisions
Had it not been for the provision of this
section, making the revision subject to the
repeal provisions of the Revised Statutes
of the United States, the revision of 1874
would have presented the same question as
to its effect upon the tenures Of the then
incumbents of the public offices therein pro-
vlded Tor as Is now presented by the code
Upon turning TO. chapter sevSnty-four of
the Revised Statutes of the United States
tnere VIII be found among other things
tne following express tenure saving clause /:
Nor shall said repeal in any manner ar
1ect the right to any Office or change the
term or tenure thereof" The INCORPORATION
OF this provision of chapter seventy-four
INTO the revision of 1874 prevented the re-
pealing clause of that revision from afYect.
ing the tenure OF the then incumbents Of
the public offices therein provided for and
so no question upon this subject arose
Repeal PrOvisiens of the Code.
Turning again to the repeal provisions of
| the code. 1t appears that section 1887 was
drawn from section 1886 r. 8. u, s.: section
1883 from section 56O1; section 1641 from
| section 55Ss, and section 1912 from section
$3.50. Section 1888 of the code was copied
In part literally from section 5597 R. s. u.