Evening star. [volume] (Washington, D.C.) 1854-1972, 1901-03-30

upon the clerk OF the Supreme Court of
| the District Of Columbia should be urged,
| 30 Mr.. Perry thinks
| AS to suggesting further amendments IS
said MI. Perry. 81 feel myself constrained
| by the action of the Bar Association, and
while individually am In favor OF some OF
the other changes proposed by Justice Cox,
which the Bar Association disapproved, I
DO not feel at liberty to urge them as to
| its action.
I'm the opinion OF many. the changes
suggested by Justice Cox with respect to
| forms of action and common law pleading
generally were Judicious. The Bar Associa-
ton thought otherwise. In the opinion OF
others the New York system Of arbitration
gard the English practice of bringing in
third parties SO as to abridge and con-
soiidate litigation as very desirable
In conclusion. there Is one point upon
which Justice Cox and the majority OF
the Bar Association agree, and that is
that the law OF divorce should remain
substantially as 1t Is. At the last moment.
and under the threat of the failure of the
code to pass unless the amendment were
adopted. the divorce law was radically
changed and only one cause OF absolute
divorce was allowed. This change, made
under the circumstances stated, ought to
be remedied by amendment"
Comments by Judge Cole.
Supreme Court Of the District of Columbia.
at present presides over the Probate Court
in addition to his regular assignment, In
Criminal Court No. 2. Tlthough he has as
yet had no opportunity to read carefully
through the bill as it passed Congress,
Justice Cole in conversation with a Star
reporter. mentioned a few of the more I'M
portant provisions of the code which he
considers improvements over existing law.
Justice Cole was a member OF the COM
mfttee of justices who, acting in conjunc-
ton with a committee Of the Bar Associa-
ton of the District of Columbia. revised
the draft for proposed code submitted by
Justice Cox.
The provisions In relation to descents and
distribution of the estates of persons dying
intestate are considered important by JUS
ttce Cole. zone of the provisions under
the code gives to the widow the whole Of
the personal estate where there are
grandchildren or brothers or sisters or
nearer relatives" he explained. eff there
be no relatives within the fifth degree the
property goes to the Commissioners of the
District of Columbia for the benefit Of the
poor. There are some other changes In the
law of descents and distributions equally
sensible and beneficial.
1.-THE code makes the law relating to the
property rights and contracts of married
women clear and plain, and emancipateS
them, as near as may be, from all of the
common law disabilities resulting from
marriage" Justice Cole further said. 1.-The
to engage in any business, and to take for
her own benefit the income profits of
the business or the proceeds of her labor,
skill or industry. or money accruing to her
for damages to her person or reputation,
and neither her husband nor his creditors
have any interest therein. Her liabilities
are the same substantially as if unmar-
Red"
Continuing, Justice Cole pointed out that
under the code all policies Of life insur-
ance for the benefit of wives or children,
or both, are declared to be free from the
claims of creditors OF the person whose
life is insured.
The simple forms prescribed for deeds
and leases of real estate constitute one Of
the greatest reforms accomplished by the
code, in the opinion Of Justice Cole.
Another notable achievement attained by
the passage of the code bill, as pointed out
by Justice Cole, Is that the subject of in
Surance Is regulated in such manner as to
practically exclude irresponsible compa-
MES from doing business in the District
and to protect the people of the District
who insure. in foreign companies against
fraud or unfair treatment.
Expre.sion of Opinion by Mr.. OAR
linGtOn.
"It is easier to point out beneficial
changes in the laws of the District of Co
lumbia which will be affected by the code
than to designate its drawbacks and de-
f1ciencies, for the reason that the former
had 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" said Mr.. J. ]. Darlington, one
of the foremost members Of the local bar
and representative member of the Bar
Associations committee which revised the
draft of the proposed code.
Among the improvements in the law
pointed out Mr.. Darlington, may be men
toned the right of appeal to the Court of
Appeals III Justice of the peace cases.
which, since the increase of the Jurisdic-
ton Of Justices of the peace to $500, 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. and 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
of their property interests through
habits Of intemperance; and the shorter
forms Of conveyances Of real estate. the
saving from which last In record fees alone
will be very great.
1.-THE law of Incorporation is materially
amended" further said Mr.. Darlington, 80
that the citizens of the District will no long
be compelled to resort to neighborins
states In order to secure lair and reason
able terms of Incorporation. The mechanics
lien law has been 80 amended that a lien
becomes effectual only upon actual notice
to the owner. instead of relating back to
the commencement of the work Of con-
struction, 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 actu
al 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 pres
ent, takes precedence over all forms of in
cumbrance attaching to the premises. SUBJ
sequently to the commencement Of the
work. with the exception of purchase mon
ey trusts, provided the latter are recorded
within ten days from the date Of acknowl-
edgment. The new law makes mechanics
liens effective as against all advances I'M
der building loans which have not been &C.
tually made to the owner or contractor at
the time the lien is fled provision which
will probably interfere rather materially
with the ability to effect building loans
after the code goes into effect.
AZ to Jury Service.
"a feature which may be distasteful to
the business men of the community" Mr.