The times. [volume] (Washington [D.C.]) 1897-1901, 1901-03-18
THE NEW DISTRICT CODE
Members of the Local Bar Regard
1t as an Improvement

Belief. However. That II Falls
short of the Requirements - Not
Whnt Its Author rIntended-Some Of
the Principal Defects Pointed Out.
Since the adjournment of Congress the
adoption OF the new code of laws for the
government of the District has been
almost a constant topic of discussion by
the members OF the local bar. The con-
sensus of opinion is that the new code is
Il decided improvement on the old.
Nevertheless. il is claimed that there is
still plenty of room for improvement. both
through the processes of elimination and
addition.
In speaking of the new divorce law, "A
member Of the bar stated a few days ago
that it might be considered step back
ward instead Of an improvement on the
old statute. and he had no doubt, he said,
that when Congress convened in Decem-
Der an effort would be made to amend this
section. According to the new code abso-
lutte divorce will be granted only on the
ground OF adultery. There is, however,
TO provision made for the punishment Of
the guilty party The criminal law of the
District provides that n person convicted
of that offence in either of the criminal
branches of the Supreme Court of the
District shall be punished by imprison-
ment IN the penitentiary.
Another attorney who has given the
subject serious consideration stated that
the act of March last. which incorpor
ates the new laws. falls far short of what
the author of the code intended. In dis
Cussins the matter the attorney said:
The act of March 3, 1891. called the Dis
trict of Columbia Code is in print and
being examined by many of the lawyers.
This act is not the code prepared by
Walter 5. Cox. formerly Associate Justice
OF the Supreme Court of the District OF
Columbia. The Cox code contained l,OIl
pages, and this act contains 3l6 The Cox
code purported to be a code. this act
docs not. More than half of the Cox code
related to municipal affairs, and this code
contains no legislation on that subject
The intention of the Cox code was 10
supersede all the laws then in force.
THE REPEATING CLAUSE.
This act expressly provides as fol-
lows The common law, all British
statutes in force in Maryland on the 9th
day Of February, 1901, the principles of
equity and admiralty, all general acts Of
Congress not locally inapplicable in the
District Of Columbia. and all acts of
Congress by their terms applicable to the
District Of Columbia and to other places
under the jurisdiction of the United
States in force at the date OF the passage
OF this act shall remain in force except
in 80 far as the same are inconsistent
with or replaced by. some provision of
this code
The present act expressly provides
that the following shall not be repeal
cd by 1t:
"First-Acts and parts of acts relating
to the rights, powers. duties, or obliga-
tious Of the United States.
..Second-Acts and parts of acts relating
to the Court Of Claims.
'-Third-Acts and parts OF acts relating
to the organization of the District gov
ernment. or to its obligations, or the
powers OF duties of the Commissioners Of
the District of Columbia or their sub
ordinates or employees, or to police resu-
latious. and generally all acts and parts
OF acts relating to municipal affairs only.
including chose regulating the charges Of
public-serVicc corporations.
"FcuFth-Acts ana parts of acts reiat-
ing TO the militia.
.7Fifth-AH penaI statutes authorizing
punishment by fine only or by i1nprison-
Ineut not exceeding one year, or both.
..Sixth-Acts and parts of acts of Con
gress relating solely to the departments
of The General Government in the DIS
trict of Columbia. or any of them.
.-Seventh-Acts or parts Of acts author
izing defining and prescribing the orgaui-
cations. powers, duties, fees. and emolu-
ments Of the Register of Wills of the DIS
trict OF Columbia and his office.
FOR PUBLIC PROTECTION.
..Ejghth-An act to regulate the prac-
tice Of pharmacy in the District of CO.
lIImbia approved June Is. 1873; an act for
the regulation OF the practice of dentistry
in the District of Columbia, and for the
protection Of the people from empiricism
in relation thereto, approved June 6, 1892;
an act regulating the construction NJ
buildings along alleyways in the District
Of Columbia, approved July %, 1892; am
act for the promotion of anatomical
science and to prevent the desecraticn of
graves in the District Of Columbia, ap-
proApd February +G. 1885; an act to pro-
vide for the Incorporation and regulation
of medical and dental colleges IN tlTD DIS
trict Of Columbia. approved May I, 1885
AN act relating TO the testimony of phy-
siciaas in the courts Of the District OF
Columbia, received by the President May
u. 1895: an act TO regulate the practice OF
medicine and surgery. 10 license physicians
and surgeons, and TO punish persons Yio-
Iafing the provisions thereof in the Dis
trict of Columbia. approved June ,. 1896
and. generally. all acts or parts of acts
relating to medicine. dentistry, pharmacy
the commitment Of the insane to the Coy
ernmeut Hospital for the Insane in the
District OF Columbia, the abatement OF
nuisauces, and public health.
These acts remain in force except such
as are inconsistent with this act
THE act also provides as follows
Nothing in the repeating clause of this
code contained shall be held to affect tho
operation or enforcement in the District
Of Columbia Of the common law or ui
amy British statute in force in Maryland
on February q, 1901. or of the principles
Of equity or admiralty, or of any general
statute of the United States not locally
inapplicablc in the District of Columbia
or by its terms applicable to the District
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