Evening star. [volume] (Washington, D.C.) 1854-1972, 1901-11-09
The Sections Considered by a
Member of the Bar.
REM EDIAL LEGISLATION

According to an attorney who has studied
the situation closely the new code of law
for the District of Columbia, which is to
go into effect the I'd of next January, would
seem to legislate out of office certain local
officials In addition to those heretofore
enumerated In The Star. Further, it is
practically conceded that under the present
status Of affairs no juries can be had for
service in any of the courts during the
month of January, 1902. In support of his
contentious the attorney referred TO, in con-
versatiOn with Star reporter, made the
following detailed statement:
Court Auditor and Coroner.
The present auditor of the Supreme Court
Of the District of Columbia holds his office
by appointment of that court under the
Maryland act of I7s5. (Ch. ", Sec. I'D
The code by section 1886 apparently repeats
this Maryland act, in that it expressly re-
peals AL acts and parts Of acts of the
general assembly of the state of Maryland
general and permanent in their nature.
Section 80 of the code gives the Supreme
Court of the District of Columbia the power
by order passed in general term to ''ap-
point an auditor" The auditor s
tenure seems to close when the code be-
comes effective for want of a tenure saving
clause therefrom- The present acts relat-
ing to the appointment of the coroner of
The District. with the exception, possibly.
Of two old English statutes said to be in
force In the District, are apparently re-
pealed by the CODE As the provisions of
the present acts relating to the coroner are
fully replaced by the provisions of this
code the exception by the code from the
repeating clause OF acts and parts of acts
relating to the organization of the District
government or the powers and du-
ties of the Commissioners of the District
Of Columbia or their subordinates or en-
RGnRrallv
parts OF acts relating to municipal affairs
only does not appear to save them from
repeal. in view of the further provision of
section 1896 OF the code, that ''all acts and
parts Of acts included in the foregoing ex-
ceptions. or in any of them, shall remain
in force except In so far as the same are
Inconsistent with or are replaced by the
provisions Of this code" This general ex-
ception Is engrafted upon all OF the pre-
ceding eight specific exceptions in section
1875, and appears to neutralize the excep-
ton which would otherwise save the pres
-nt acts relating to the coroner from re-
peal. The code fully provides for the APP
pointment of a coroner, deputy-coroner,
md their duties. While the present coroner
$ a municipal officer, yet for the reasons
Ibove stated and the omission of a tenure
saving clause therefrom. 1t seems that his
tenure of office will cease wlfsn the code
,akes effect.
Surveyor and Comm isSioner of Deeds.
The present statutes make provision for
the appointment of the surveyor of the
District and prescribe hts duties. These
provisions ARE replaced by the provisions
II this code" 1t seems, therefore. that. al
e though the surveyor is a municipal officer.
he exception by the code is as to his Of
ice. also neutraiized by the general ex-
ception engrafted upon the specific excep-
tons In the repeating clause of the code, as
noted with respect to the coroner IL this
view be sound then II seems to follow that
the tenure Of office Of the present surveyor