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

Belief. However, That Ii Fails
short OF the Requirements - Not
what Its Author rIntcnded-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, it is claimed that there is
stiU plenty of room for Improvement. both
through the processes Of elimination and
addition.
In speaking Of the new divorce law,
member of the bar stated few days ago
that il might be considered a 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 Toe made to amend this
section. According TO the new code abso-
lutte divorce viii 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 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 peniteutiary.
Another attorney who has given the
subject serious consideration stated that
the act Of March 3 last which incorpor-
ates the new laws, falls far short Of what
the author Of the code intended. In dis
Cussiue the matter the attorney said:
The act Of March 3, 1851. 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 : Cox. formerly Associate Justice
OF the Supreme Court Of the District Of
Columbia The Cox code contained 1000
pages. and this act contains 516. The Cox
code purported to be a code. this act
docs rot. 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 70
supersade 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 ali acts Of
Congress by their terms applicable 10 the
District Of Columbia and to other places
under the jurisdiction OF the United
States in force at the date OF the passage
al this act shall remain in force except
in so far as the same are Inconsistent
with. or replaced by, some provision Of
this code
..-rns present act expressly provides
that the following shall not be repeal
,d hy IL:
"First-Acts and parts of acts relating
10 the rights. powers. duties, or obliga-
tioiis of the United States.
'-Second-Acts and parts Of acts relating
L. the Court of Claims.
-TIird-Acts and parts Of acts relating
to th,. organization of the District gov
ernment. or to its obligations, or the
powers or duties of the Commissioners Of
1bs District of Columbia or their sub
ordiuatey or employees, or to police regu-
lstiouS. and generally all acts and parts
OF acts relating TO municipal affairs only.
including chose regulating the charges OF
l,Iiblic-Ser,-icc corporations.
eI7ouFth-Acts and parts OF acts reIat-
inE to the militia. ~
..Fifth-Au penal statutes authoTlZlAS
punishment by fine only or by unpTison-
fnent not exceeding one year, or bota-
'.Sixth-Acts and parts of acts OF con
E-resS relating solely to the departments
of the General Government IN the DIS
triet Of Columbia. or any OF tnefn.
--Seveuth-ACts or parts OF acts auiHpt-
izjng. defining, and prescribing the organ
cations. powers. duties. lees, ana enlolt
rneuts or the Register OF Wills OF the DIS
triet of Columbia and his Office,
FOR PUBLIC PROTECTION.
..Eighth-An act to regulate the nrac-
lice Of pharmacy I'm the District Of Co
luubfa. approved June -. 1875: an act fOr
ab- regulation OF the practice Of dentistry
i'm tho District OF Columbia, and for Ia,
protection Of the people from empiricism
i'm relation thereto. approved June g, 1882
am act regulating the construction Of
buildings along aIeyways in the District
OF Columbia. approved July % 1892; AZ
act for the promotion of anatomical
science. and 10 prevent the desecratcn al
graves I'm the District Of Columbia ap-
Vro.-ed February g. 1888, an act To pro
vide for The iuc0rpOra tlOn and reguiali'!
of medical and dental colleges in tlID Dis
trIct Of Columbia, approved May I. 1915
AN act relating TO the testimony Of phy'
Sicits4s IN the courts Of the District nl
Columbia. received by the President MaA
T. 1885 AN act 10 regulate the practice oi
medicine and surgery, 10 license physicians
and surgeons. and 70 punish persons VIC
Iatiug the provisions thereof IN the DIS
Irict Of Columbia. approved June 3 lN+t
and EslLtfaslAs al etlS bi iItt u hi az u
relating 10 medicine, dentistry. pharmacy
she commitment Of the insane TO the Coy
erumeut Hospital for the Insane IN the
District OF Columbia. the abatement o
nuisance. and public health
These acts remain in force except Sucf
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 th'
operation or enforcement in the Distric
Of Columbia of the common law or 4"
any British statute In force In MaTyian,
on February =, 1871. or Of the principle
of equity or admiralty, or of any genera
statute of the United States not locally
iuapDlicablc in the District Of ColuTnhis
OF by SIS terms applicable 10 the Bistric
%%<%S%e@%%e~%@%~ese%%~<~%<