The Washington times., 1901-12-30

With the closing OF the doors OF the
office Of the Clerk OF the Supreme Court
OF the District tomorrow at 4 p. m, the
administration OF justice under what is
now known as the old code" in this
jurisdiction viii end The new code
which was adopted by Congress on March
8 last becomes operative Wednesday
morning. and then viii be inaugurated
many changes.
In the cpinion OF many of the best
lawyers in the District. the power Of
many OF the Federal officers in this juris
diction dies with the old code, and unless
reappointed before January by the Pres
ident the Offices whicn they hold will be
vacant. so far as the execution OF the
laws OF the new code is concerned.
May Go To Court of Appeals.
1t is contended that the judges in both
branches OF the Police Court unless re-
out authority to act.
While it is admitted that it was not the
intention OF the trainers OF the code 10
legislate any OF The Cfiiceholders out OF
Office. it is claimed that under the new
diction OF either Of the judges Of the Po-
lice Court.
Should this be done there would not be
much delay in having the question settled
by the Court OF Appeals for the District
which viii convene January :. The upper
court would be called upon TO construe
the gtatute, it is declared, and not TO pass
upon its eonstitutionaiity-
a. Change i'm Divorce LAW.
4 iAhother phase brought abot by the
new code Is in its effect on the divorce
Law in the District. Under IL" old law
divorces could be secured OIL any one Of
seven grounds. The new code, however
restricts the cause Tor absolute divorce to
the Biblical ground.
Since the passage OF the act OF Con
rress enscting the Gew code on March
last the committee of the Washington Bar
Association having the matter in charge
determined to ask Congress to amend the
code by Incorporating the SIX other
grounds named in the old code. Such an
amendment together with others on dit-
fereif subjects were submitted TO Con-
greRs before its adjournmen; before the
Christmas holidays. but the amendment
was not adopted.
In these circumstances IL Is expected
there ,.in oe q rush Ia the divorce busi-
ness today apd tomorrow. During the
part niac months an extraordinarily large
number Ot petitions for divorce were filed,
but st .was not until about the middle OF
the p. esent month that notice WAS taken
OF the great daily increase.
Twelve Petitions Fiied in Half Day.
Usually two OF three petitions for di
yorce were filed daily. Since the middle
of December, however. this number has
steadily increased until the number filed
was twelve. This was a record FOR sin
gle day. on Saturday last, however, when
the clerks office Was open for only three
hours, the record for half day was
made and the record for full day
equaled, twelve petitions being flied,
1t 'las been contenGed by some members
OF tie local bar that a justice Of the Su-
preme Court of the District viii not have
authority under the new code to grant
divorce on any ground other than that
specified in the law in force at the time
the decree is signed. This contention is
opposed by others on the ground that no
law can be retroactive, and for this rea
son petitions filed under the old code
must be disposed Of according to the Law
In force at the q; ~ he proceedir KS were