Evening star., 1901-12-23
Perplexing Problems Before the Peo-
pie of the District
INSTRUMENT REGARDED ASIMPERFECT
Improvements Provided, However,
the Result of Careful Thought.
SOME OF THE FEATU r ES

Attention was directed two months ago,
by an exclusive publication in The Star, to
the claim of number Of prominent MEM
bers of the local. bar that the omission of
tenure-saying clause in the new code OF law
for the District of Columbia that goes into
effect the I'd of January might legislate out
of office the following officials:
The Police Court judges, clerk and deputy
clerks, the marshal of the District, his dep
uties. the criers and messengers, the clerk
of the Supreme Court of the District and
his assistant clerks, the auditor Of the Su-
preme Court of the District, the commits
sioners of deeds for the District, the United
States attorney for the District and his as
sistants 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, copy
lists and other employees, the notaries public.
the warden of the JAIL his subordinate OFF,
GERS, deputies, guards and employees, the
surveyor and others.
1t was pointed out at the time that the
question might be settle by the enactment
of an amendment before the 1St of January,
continuing in Office the incumbents. But
Congress has taken recess without act
ing on the matter and, it is now claimed,
the reappointment of the officers mentioned
by the President and their qualification
under the code appear to be necessary. 9th
erwise. 1t Is said, all manner Of legal en-
tanglements will occur.
Neither Complete Nor Perfect.
A member Of the committee charged with
the duty of revising the original draft Is of
the opinion that the most ardent friend of
the code cannot accurately claim for it
either completeness or perfection. It bears
evidence of errors that have crept into 1t
and 1t stands In need of some amendment.
1t is easier to point out beneficial changes
in the laws of the District of Columbia
which wild be effected by the code than to
designate its drawbacks and deficiencies. so
1t Is said, for the reason that the former
have been carefully aimed at and labored
for. while the latter for the most part will
probably be discovered only after the code
has gone into effect and in its practical
workings.
Some improvements.
Among the improvements in the law may
be mentioned the right of appeal to the
Court of Appeals in justice Of the peace
cases. which, since the increase of the juris-
oiction Of justices of the peace, may
be desirable; the broader provisions for
gaining Jurisdiction over unknown heirs of
deceased persons wherever necessary for
the purpose of perfecting real estate titles
and in other cases; the requirement Of two
witnesses instead of three to wills Of real
estate. thus making the law in this respect
uniform with that of a majority of the
states. anu decreasing the LIABILITY OF de-
feating wills executed elsewhere and in
tended to affect real estate here; the wholly
new provision for protecting and caring for
the property interests of habitual drunkards
or persons incapacitated for the care of
their property interests through habits Of
intemperance, and the shorter forms of
conyeyanceS of real estate, the saving from
which last. in record fees alone, will be
very great.
The law of incorporation is materially
amended SO that the citizens of the District
Will no longer be compelled to resort to
neighboring states in order to secure fair
and reasonable terms of Incorporation. The
mechanics lien law has been so. amended
that lien becomes enectual only upon ac-
tual notice to the owner, instead of relating
back to the commencement of the work Of
construction, as under the existing law, and
the lien will reach only such part Of the
contract price as shall remain in the hands
OF the owner at the time Of receiving ac-
tuaI notice Of the lien, less any deduction
which he may be entitled to claim by rea-
son of breaches of contract on the part of
the original contractor. The lien, as at
presents takes precedence over all forms
of inct.ffbrance attaching to the premises
work, with the exception of purchase
money trusts. provided the latter are re-
corded within ten days from the date of
acknowiedgment. The new law makes me-
chanfcS liens effective as against all ad-
vances under building loans which have
not been actually made to the owner or
contractor at the time the lien is hled-a
provision which. 1t Is stated, will probably
interfere rather materially with the ability
to effect building loans after the code goes
into effect.
Terms of Jury Service.
A feature of the code Is that which en-
iarges the term Of jury service from one
month. as at present. to two months The
requirements OF witnesses to wills of per-
sonal property in community where no
witnesses have ever before been required
for this purpose may tend to defeat such
instruments in many cases. 1t Is pointed
out. unless and until the community at
large becomes fully advised of the change
In many OF the states will wholly In the
handwriting OF the testator Is made by law
sufficiently authentic without witnesses, but
IN the District two witnesses will be re-
ouired to any will In order to render 1t
xaifa a either as to real or personal property.
change ls the provision that no conditional
sale. under which the article sold is deliy-
cred to the purchaser. shall pereserve any
title or lien in favor Of the seller unless a r.
knowledged and recorded In the same man
ner as Is required in the case Of MORTGAGES
This provision. so it Is explained, will prob
ably largely interfere with installment sales
Of sewing machines, pianos articles of
household furniture and the like. except
where the transactions are large enough to
Justify the expence of acknowledgment and
Tecoru. anu Wnere the purchasers do not OBJ
Ject to making the fact that their purchases
are unpaid for a matter Of public record.
Other Features.
Some additional improvements of public
interest provided by the code are said to be
the following:
The reduced number of Justices of the
peace. putting the office upon a salary in
stead OF a fee basis, assigning each district
to a. subdistrfct. prohibiting suits against
parties except In the subdistrict within
which their residences or places of business
are located and the adjustment of tury
trial by those officers
The simplification of the forms OF deeds:
making assfgnable and suable in the name
of the assignee non-negotiable Instruments,
bonds and other chooses in action
Limiting the causes Of divorce from the
bond of marriage and providing for the as
slgnment by the court of an attorney to de-
fend otherwise uncontested divorce proceed
ings.
Making husband and wife competent. but
not compellable. witnesses for or against
each other. in both civil and criminal pro-
ceedings. but rendering them incompetent
to testify to confidential communications
made during marriage.
Creating degrees Of murder and repeating