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

with, or be replaced by, some provision Of
the code. In the other portions of the re-
pealing provisions of the code "acts or
parts of acts are generally mentioned. In
this section 1910 the reference Is to ANY
general statute but no reference is made
to part Of a general statute Section
5597 r. s. U. s., is not locally inapplicable
in the District Of Columbia, but expressly
applicable by section 1926, r. 8. D. c., nor
is 1t exactly inconsistent with the code
1t is true, however, that, with the excep-
ton OF the tenure saving clause OF section
5597, the provisions Of that section are re-
placed by the code. AS section 5597, r. S.
U. s.. is not locally inapplicable In the Dis
trict OF Columbia, but is in force here, and
Is not fairly inconsistent with the code, If
the incorporation into the code of the whole
substance of that. section, with the excep-
ton of the tenure saving clause, is not
such replacing Of its provisions in the
code as to repeal the whole section 30 far
as the District of Columbia is concerned,
then the tenure saving clause of section
1897, r. S. U. S., will remain In force in
the District, and the present incumbents
of the public offices will not be affected
with respect to their official tenureS Or
rights.
May Not Bear Supreme Test.
1t will occur to one familiar with the
rules of law governing the Interpretation
Of statutes that the above thoughts are sur
rounded with grave difficulties, and may
not Dear the supreme test.
In very recent case the Supreme Court
Of the United States compared the provi-
sions Of certain section Of the bank
ruptcy act Of 1893 with a similar section
Of the bankruptcy act Of 1857. The act of
1898 omitted certain words which appeared
In the act of 1867. 1t was contended that
the section Of the act of 1898 in question
should be construed to mean the same as
that In the act of 1867, notwithstanding
the omission. The court very cogentiy re-
marked in Its opinion that the condition in
question Of the act Of 1867, omitted from
the act Of 1898, was not left out i'll words
to be put back by construction"
So 1t may be said that the tenure saving
clause of section 5597, r. g., U. s., omitted
from section 1888 of the code, was not cleft
ton"
Two other matters may be referred to in
passing. The first is the great difference
in the provisions of the code relating to the
attorney for the District of Columbia and
those relating to the coroner and surveyor,
although all Of them are municipal officers.
There seems to be nothing In the code
which can be so construed as to effect the
tenure OF office OF the present attorney for
the District Of CoBnnbia.p for the reason
that the provisions Of the present laws I'M
placed by the provisiensof the code, and
his office is Directly within one of the ex-
ceptions to the repealing clause The sec
ond Is that the code has undoubtedly
juries can be had fdr Service In any Of the
courts during the month of January, 1902.
To obvlate this, Mr.. Johil r.. Young, clerk
OF the Supreme Court Of the District Of
Columbia, has drafted the following joint
resolution:
Remedy syt3 Juries.
Resolved by the Senate and House Of
Representatives of the United States Of
America, In Congress assembled, That the
terms OF service Of the petit juries in the
Criminal Courts and, the Jurors in the Cir
cult Courts Of the Supreme Court Of the
District Of Columbia drawn for service for
the month Of December, 1901, be prolonged
TO include the month of January, 1902. and
tnat the grand jury for service in the GRIM
maj courts OF the Supreme Court of the
District OF Columbia at its January term,
1902, and the jurors for service in the Po-
the months of January, February and
March. 1902. be drawn from the names Sc
iected and deposited in the jury box In the
custody Of the clerk of the Supreme Court
CT the District Of Columbia, in the man
ner as now provided by law
from what has been said 1t becomes still
more manifest that tenure saving clause
should be added to the code as soon as
Congress convenes, or the present officers
should be reappointed, sar new officers ap-
pointed. as soon as the code takes effect.
And. OF course, speedy legislation should be
mad SO that juries for the month of Janu-
airy. 1907, may be obtained.
AS mas been fully set forth q committee
OF the Bar Association has drafted pro-
posed amendment adding tenure saving
no1A tic anti Tao 1,,a<