Evening star. [volume] (Washington, D.C.) 1854-1972, 1901-10-21
0Ge.a's in the District Appear to Be
Legislated Out.
MARSHAL, CLERKS ANDPoLICE JUDGES
Justices Of Supreme Court and
Court of Appeals Excepted.
VIEWS OF AN ATTORNEY


of law enacted March 3 last, which is to
go into effect little more than two months
hence, will legislate the officials referred
to out of office. Judge Ivory G. Kimball
and Judge Charles F. Scott of the Police
Court, Mr.. Aulick Palmer United States
marshal for the District of Columbia, and
Mr.. Henry P. Cheatham, recorder of deeds
for the District of Columbia and various
others are said to be included in the list
of those whose terms of office are affected.
The claim is advanced that unless an
amendment to the code continuing the in
cumbents in office shall be enacted before
the code goes into effect, or unless they are
reappointed by the President, their terms
of office will expire January 1 next.
The belief is that such a situation that
described was not brought about deliberate
ly, but was on the contrary wholly unin-
territorial. 1t is declared, however, that
unless one the other of the two rene
dies mentioned are applied, the officials to
whom reference has been made will cease
to hold Office at the time indicated
A Star reporter interviewed Mr.. Thomas
NJ. Fields of the local bar, who has closely
examined the code, so far as it relates to
the matter at issue, and he made the fol-
lowing statement bearing thereon:
Provisions of the Code.
Section 1 of the code continues in force
in the District of Columbia the common
law, all British statutes in effect in Mary
land February 81, 1901; the principles of
equity and admiralty; all general acts of
Congress not locally inapplicable in the
District of Columbia, and all acts of Con-
gress by their terms applicable to the Dis
trict Of Columbia and to other places un-
der the jurisdiction of the United States, in
force at the date of the passage of the act,
March 3, 1901, except in so far as the same
are inconsistent with, or replaced by, some
provision of the code.
Section 1886 repeals all acts and parts of
acts of the general assembly of the state of
Maryland general and permanent in their
nature all like acts and parts of acts of
the Legislative assembly of the District of
Columbia, and all like acts and parts of
acts of Congress applying solely to the
District Of Columbia, in force in said Dis
trict on the day of the passage of the code
March 3, 1901. From this repeating clause
certain acts are excepted, among which are
acts or parts of acts authorizing, defining
and prescribing the organization, powers,
ter of wills of the District of Columbia and
his office Section 1910 substantially re-
peats section 1.
Justices of the Peace.
Section 3 provides that there shall be ten
justices of the peace in the District, who
shall be appointed by the President of the
United States. There is no provision in the
code which abolishes the present office of
justice of the peace. except the repeal of
the laws under which they have been ap-
pointed. There is no doubt but that the
code does repeal those laws and therefore
abolishes the offices and tenure of the pres
ent justices of the peace.
Section AZ provides that there shall con-
tinue to be Police Court in the District,
as at present, consisting of two justices
learned in the law, appointed by the Presi-
dent. There Is no provision whatever for
continuing in office the two present incum-
bents of the Police Court bench. AS the
code expressly repeals the laws under
which these Judges have been appointed,
and under which they now hold their
offices, it seems clear that the effect Of the
code Is to legislate them out of office.
Regarding the United States Marshal.
Section 1856 provides that there shall con-
tinue to be a marshal for the District, who
shall be appointed by the President of the
United States The code Is entirely silent
as to continuing the incumbent of the Of
flee of marshal in his position. AS the laws
under which the marshal now holds his
commission are repealed by the code. it
appears that he is also legislated out Of
office.
Section 54s provides that there shall be a
recorder of deeds of the District appointe ed
by the President. AS the code also repeals
the laws under which the incumbent of the
office of recorder of deeds of the District
of Columbia holds his place, it follows that
he is also relegated to private life. 1t ap-
pears quite manifest that the incum-
bent of the office Of register of wills for
the District of Columbia is continued in
office by the code by virtue of the excep-
ton noted in the repeating clause
Section 60 provides that the Supreme
Court of the District shall continue as at
present constituted and consist of a chief
justice and five associate justices, appoint
ed by the President of the United States
n
to continue the present JUSTICES
of the Supreme Court in their offices, es-
pecially as their appointments are for life.
1t may be probable also that the present
clerk Of the court is continued in Office al
though the reference to the Justices only
in section 90 and the special provisions
contained in section 65 and section la may
cast some doubt upon his tenure; but even
If 1t be true that he is affected by the code
this can easily be remedied by his reap-
pointment by the court and qualification
under the provisions thereof, and no a(fd,-
tional legislation by Congress wo1.d be
necessary to accomplish this purpose.
Court of Appeals.
Section 221 provides that the Court of
Appeals of the said District shall continue
as at present organized and shall consist
of one chief justice and two asso .iate ius-
tices, who shall be appointed by the Presi-
dent. For the reasons above stated with
respect to the justices of the Supreme
Court of the District of Columbia it NAV
be safely said that the present Justices Of
the Court of Appeals are also continued in
office. There is, however, no provision
which expressly continues the present clerk
of the Court of Appeals in his off e. The
language of the code respecting the Offices
of clerk of the Supreme Court OF the Dis
trict and of the Court of Appeals is quite
different, and it seems probable from a
close reading of the law that the present
clerk of the latter court could not exercise
his official functions after the code becomes
operative on January 2 1902, unless he be
reappointed by the Court of Appeals and
shall qualify under the code. But .a:s also
as in the of the clerk of the SUPREME
Court of the District may be readily ac-
complished for the reasons stated without
further legislation by Congress. The same
may be said as to the assistant or deputy
clerks of both courts, and also as to the
official reporter of the Court of Appeals
With respect to the present deputy mar
shals, criers, messengers. clerks AMI deputy
assistant clerks of the Police Sot.r. and
other offio4's and employees of the various
courts. whNe the effect of the code may be
to legislate them out of their present offices
in so far as their appointments are to he
made by the courts rather than N the
U,ODffuued m sixth PaOa !