The evening times., 1901-12-21
DEFECTS TN
NEW CODE.
FailQPeOf Congress tOAmGnd
May Cause Trouble.
MANY LEGISLATBl OUT OF OFFICE.
Attorney A. L. Sinclair Declares
That the District IS in a Predica-
ment-J Justices Of Peace
Without Authority.

The failure Of Congress TO adopt and il
corporate as part OF the code for the gov
eminent Of the District the amendments
suggested by the committee Of the Wash
ington Bar Association is the subject CT
much discussion among the members OF
the District bar. Attorney \. Leftwiel
Sinclair, VINO has given the subject cen
siderable serious thought. il speaking OF
the matter this morning. said,
Much embarrassment may result by
reason OF the failure of Congress to enact.
before adjourning for the holidays, the
proposed amendments to our new code
which were prepared by the committee
on legislation of the Bar Association and
approved by the Bar Association. the
Board OF Trade and the Commissioners
Of the District of Columbia. Congress
having adjourned until January .. 1902
the code viii so into effect and opera
tiou on the % Of January. in its original
form.
Defects ia the Code
e think the first embarrassment viii
probably arise because OF the absence in
the ccde of provisions continuing the in
Cumbents of certain Offices in the District.
in their present positions. The commit
tee which prepared the amendments re-
cognizsd the pSss= =5tlity CT trouble II this
matter. and IN order TO cure the seeming
defect in Jhe ccGe, they recommended the
passage OF the following amendment:
Nothing herein contained shall he
held 10 affect the term of Office Of any
Judicial or otner officer hoIdiBs 9fiee when
this code goes into effect and operation.
except when, as IN the case OF tie present
justices of the peace and cOnstz5Ies. a
contrary intention is nantes ed
LeEfsIated 0ut of OEce.
81 believe. and I believe the majority
of the members Of the bar are CT the
same opinion. that the effect Of the code
in its present shape is 70 Iegislate the
following out Of Office. The Police Court
Judges. the United States marshal, the
Recorder Of Deeds, the United States Al
torney for the District of Columbia, and.
of course. his assistants: all notaries pub
lie. and the Coroner. The aforementioned
officer. by the way. is at present appoint
ed by the District Commissioners, but the
cede provides that he shall be appointed
by the President
If it was not intended to legislate
these gentlemen out of Office, the Offices
should have been continued, as at pres
enu constituted, IN express terms, as in
the case Of the Court of Appeals, the Su-
preue Court of the District, the Office Of
Register of Wills, and other Offices
Justices without Authority
Another thing that VIII probably
cause embarrassment until the code IS
amended is the fact that there is no
authority conferred en- the new justices
Of the peace to issue writs of execution
in cases in which they are authorized TO
render Judgment, and until the justices
are vested with such authority, in clear
and unmistakabIe terms. IL would seem
TO be an idle thing for the new justices
of the peace and constables to begin
work: for what is judgment worth if 1t
cant he executed?
The committee on legislation OF the
Bar association anticipate trouble in this
matter, for they have suggested an