The Washington times., 1901-12-23
Confusion Is Expected to
Result From New Code.
did NOT PASS The AMENDMENTS.
accommodations of Bar Associa-
ton Committee Ignored by Con-
gress Only One Defect Rene
died, the One Involving the Sc
lection of Juries.

| committee having charge Of the work. bu
Congress did not take action on thes,
amendments before adjourning for th'
I holiday recess. and so the code goes int,
effect unchanged. In the opinion of man!
members of the local bar the result vii
/ be very embarrassing.
There viii be plenty OF law, they feel
but in several departments, it is believed
/ those whose duty il is TO execute the law.
have been lcgislated out of Office. Thi:
| applies particularly to the two judges
appointed to branches of the Police Court
A Possible Remedy.
The difficulty here can be obviated, il
is said. 10y having Justice OF the District
Supreme Court name two justices of the
peace as "ad interim judges OF the Po-
lice Court which has frequently been done
to fiji the bench when either judge OF that
court has been on his summer vacation
In the event that the President does
not renominate the judges of the Police
Court before January 2. it is believed
this course will be resorted to to relieve
the embarrassment of the situation. which
has been a matter of general discus
giol among local iurists.
Complications Feared.
The consensus Of opinion is that when
the ccde gees ibto 5fIect the conditions
presented will be very difficult TO over
come.
Attorney A. L. Sinclair. who has given
the subject considerable serious thought.
Yesterday said:
think embarrassment will arise be-
cause of the absence OF provisions contin-
uing certain officers Of the District in
ibeir present positions.
The possibility of trouble in this mat
ter has been recognized, and, in order
to cure the seeming defect in the code. it
was recommended that nothing should be
held to affect the term of office Of any
officer when the code goes into effect.
except when, as in the case of the present
justices of the peace and consta ables, a
contrary intention is manifested.
Even the Coroner to Go.
Il believe the majority of the members
Of the bar are Of the opinion that the ef-
feet Of the code in its present shape is to
legislate out of Office the Police Court
judges, the United States Marshal. the
Recorder OF Deeds. the United States At
torney for the District OF Columbia. and.
of course, his assistants; all notaries
public and the Coroner.
IF il was not intended to legislate these
gentlemen out OF Office the Offices should
have been continued as at present consti-
tuted. in express terms. as in the case Of
the Court of Appeals, the Supreme Court
OF the District. the Office OF Register Of
Wills, and others.
Judges with no Power.
Another cause Of embarrassment until
the code is amended lies in the fact that
there is no authority conferred upon the
justices of the peace to issue writs of
execution in cases where they are 10
render judgment and until they are so
vested in unmistakable terms, it would
be an IDLE thing for them to begin work;
for what is judgment worth il 1t can't
be exeruted2
The committee on legislation OF the
Bar Association anticipates trouble in this
matter. for it mas suggested AN amend
ment giving the Justices explicit author
ity.
There is also no provision for the
preservation OF the papers OF those jus
uces-eight in number-who are legis-
lated out Of Office. or for continuing the
cases pending before them at the pres
ent time.
Big CnHes VIII Halt.
q find on reading the section which
defines the duties Of the general term of
the Supreme Court Of the District. that
said court shall not hear any cause in
general term. This VIII cause a com
plete halt in the proceedings in the Poto-
mac Flats case, now pending in the court.
and | don't see how the Government will
be able TO move in the case, until the code
is amended.
THE committee on legislation has rec
commended the enactment of an amend
ment asking that nothing contained in
this section shall affect the power of the
court in general term.
These are only a few OF the possible
troubles, and there are others Until
the proposed amendments are enacted we
the code, than We are in now, with none
at all"
Jury Trouble RemcdIcd.
The amendment providing for the draw
ing of juries to serve ir the circuit and
criminal divisions of the District Supreme
Court for the month of January will
greatly facilitate the work OF the court
during the coming month. Under the pro-
visions of the new code the old plan Of
selecting the jurors for these two branches
was abolished. Instead a commission TO
be composed of the Clerk OF the Supreme
Court OF the District the UniteJ States
Marshal and the Collector of Taxes is
substituted.
The law ALSO provides that the iuri,s
must be drawn at least ten days before
The beginning Of the session during which
they are 10 serve.
As the new commission, however. vii
not come into existence until JanIi.v O.
next il would be imposslhls for II 20 cy-
ercise these functions of selecting the
juries in time for service next month.
Having this condition confronting him.
Mr. John r. Young Clerk OF the Supreme
Court OF the District, saw the delay and
great Inconvenience which would result.
particularly TO those awaiting trial on
criminal charges. and suggested the re-
lief which was accomplished.
II was in the form OF an amendment to
the code providing for the drawing Of
juries for January and was submitted TO
Congress, where IL was adopted
other proposed amendments 10 the code
however were not considered before the
adjournment TOR the Christmas holidays,
so the code as adopted on March last
viii become operative on January ., 1902.
Important Cases Affected.
The relief effected will be felt not only
in the circuit and criminal divisions OF
the Supreme Court. but also in the Pro-
bate Court in which branch several i'm
portant cases are awaiting trial. such as
the Utermehle and Mcpherson will con
tests. which involve the settlements OF es-
tates valued at several millions Of dollars
In the criminal branches there will also
be some important business to be dis
Continued on Third Page1