Evening star. [volume] (Washington, D.C.) 1854-1972, 1901-03-30
Changes in the- Law Recently Made
by Congress.
OPINIONS OF Il LEADING ATTORNEYS
Comment Upon, Many Provisions
of the NewEnactment.
- Isl
AMENDMENTS SUGGESTED

OF vital interest to the community at
large was the enactment at the session of
Congress recently ended OF a code Of law
for the District of Columbus, which Is to
go into effect the LIST Of January next. Up
to this time the local courts have been op-
Grating under the heterogeneous mass Of
laws, principally those Of the state of
Maryland. Some of the ordinances actually
in effect In the capital city Of the United
States in this opening year Of new cen
fury stipulate that the penalties for GER
tain offenses shall be paid in pounds Of
tobacco. The judges, the leading members
of the bar and the best informed citizens
agree that the code, to say the least. Is
vast Improvement over existing conditions
It Is not contended that it is perfect as 1t
stands. The assertion is advanced, how
ever. that it forms an excellent founda-
will, be built the superstructure of laws
which 1t Is desired the District If Column
bia shall ultimately possess.
1t Is considered to be very important that
the second part Of the proposed code US
prepared by Justice Walter 8. Cox. relat-
ing to municipal law, strictly so-cailed,
which the Bar Association as yet has been
unable to approve by reason of lack OF
time for it's proper examination. should be
provided by prompt legislation. An at
tempt to secure this legislation Will prob
ably be made early in the next session OF
Congress
jority of the lawyers are even casually
familiar with the provisions Of the code
enacted a few weeks ago. This state or
affairs is due, SO far as the lawyers are
concerned principally to lack Ut time for
perusal and in some instances to The scar
city of the printed copies Of the code. In
compliance with the request of a Star re-
porter several judges of the Supreme Court
Of fbo trio Of Column and renrpSen-
tative members Of the Bar Association, who
served on the joint committee of the court
and bar which thoroughly examined and
suggested changes In the proposed code
as submitted by Justice Cox, and framed
the bill substantially as 1t passed Con-
gress, explain In general way many o!
the features of the new form of local legal
procedure.
Views Of MIR. r.. Ross Perry.
Mr. r. Ross Perry calls attention to some
of the matters In the way of changes con-
tanned in the code as prepared by Justice
Cox; also such of these changes as the
Bar Association omitted. and further notes
some suggestions with respect to amend
ments that he thinks should be sought at
the next session Of Congress and before
the code goes into effect. Mr.. Perry sums
up the changes proposed by Justice Cox as
follows:
The simpi,fcation and expedition OF le-
gal procedure Under this head trials by
Jury before justices of the peace were pro-
posed to be retained and the powers OF
the justices while presiding In such trials
were to be enlarged and to be assimilated
to those of q judge Of a court Of record.
The powers of the equity court were en-
Iarged. The probate court was given
greatly enlarged powers In the admins
tration Of estates and the probate of Wills,
and the jurisdiction of the latter was IN
creased SO as to embrace the whole subject
Of domestic relations and the control OF the
ards The office of register Of wills was
abolished and his duties were transferred
to the clerk Of the Supreme Court of the
District of Columbia.
The forms of actions were reduced to
two-one in contract and one for tort-and
the powers Of amendment were very much
The law Of New York with respect to ar
bitration and the appointment OF referees
was adopted.
Assignment of chooses in action was en-
larged.
The law Of attachment was extended.
Sweeping changes were made in the form
Of deeds of real estate and the technical
rules of the feudal laws with respect to
real estate were to great extent abol-
ished. or where retained were much modi-
fed.
Important changes were made with re-
spect to mortgages and deeds Of trust and
their assignment and release was very
much simplified.
Crimes ana Puh1Hnment0.
With respect to crimes and punishments
important changes were made. In the
crime of murder degrees were constituted,
the crime of embezzlement was extended
and mistakes In criminal procedure were
remedied.
Manifest defects in the Maryland stat
ute of descents were remedied, as had been
done in Maryland eighty years ago. Ille-
climate children were allowed to inherit
from their mother and from each other.
and the mother was allowed to inherit
from them.
The defendant in ejectment under GER
tain circumstances was allowed to claim
the value of his improvements.
Convicts and atheists were permitted to
testify, subject, of course, to the rule as to
credbility.
Executions were made leviable upon
equitable interests.
The rights of married women were great
The law of mechanics liens was made
more just. both to the owner and the con-
tractor and the subcontractor.
The law with respect to pleading was
very much simplified. Equitable relief and
defenses were allowed in law cases.
Third party procedure was adopted, by
virtue Of which defendant in suit who
had recourse over against third person
was allowed to bring him into court in the
original case.
Changes Suggested by Judge Cox.
In reference to the changes proposed by
Justice Cox which the Bar Association
omitted from its report Mr.. Perry ex-
plains that Jury trials before Justices of
the peace were abolished and the num-
Der Of justices was reduced to six. Con-
stables were abolished and all process be-
fore justices must be served by the United
States marshal for the District Of Column
bia or his deputy. Congress by amendment
increased this number to ten, but in other
respects the law remains substantially as
suggested by the Bar Association.
The changes made with respect to the
Equity Court and the Orphans Court were
generally approved by the Bar Association,
but Congress struck out so much Of the
code as abolished the office of register of
wills, and left him as existing law pro-
vided. gysF
The Bar Association did not approve of
the reduction Of the. common law forms of
action to two, and left them as they were
at common law, nor did it approve of the
New York law with respect to arbitration
and the appointment aof referees The re-
naming changes proposed by Justice Cox
were substantially adopted by the Bar AS
ISOLATION, save that the changes proposed
by Justice Cox with respect to common
law pleading and the allowance Of equita-