The Washington times., 1902-07-09
Writes Attorney General Re-
garding Justice of Peace
Salaries.
NEW CODE CONTROVERSY
Finds the District Without Provision to
Pay Salaries If Officers Are 20 Be
Reappointed as Provided by Congress
sional Amendment.

! The District Auditor, Mr. j. /. Petty,
has forwarded to the Commissioners a
statement relative to the payment OF
the salaries OF the justices Of the peace,
and has requested the Board to cub
init certain questions at issue to tho At
torney General OF the United States for
an opinion.
AS result of the v!cissltudes OF
legislation during the last session of
Congress. In which the District code
was considerably revised. the arrange
ments for the pay of the justices OF
the peace was left In an uncertain
AID unsatisfactory condition. Through
these changes IN the code the question
has arisen whether the present justices.
ten in number. are legally in Office. Ii
they are legally in Office. the authorities
are met with an alternative left them
in the District appropriation bill OF
not having enough money to pay for
their salaries.
District Auditors Opinion.
MIR. Petty takes the ground that new
justices viii havo 10 be appointed. In
that event he calls attention 10 the
question Of the amount Of money appro-
priated for their salaries, and asks
whether it shall be paid to six men at
$4,000 per annurn, or to larger number
at $1,000 His statement is as follows:
l have the honor to request that you
ask of the Attorney General, or of the
Comptroller OF the Treasury. as you
may determine, en- opinion as to wheth-
er. in view of the act OF Congress
amending the District Ccde. approved
June 30, 1902. there are at present any
justices of the peace legally in office in
the District of Columbia; and il so, how
many. who are such Justices of the
peace and what salary they are enti-
tied TO receive for their services.
1t is provided, among other things, by |
section Of the Code, as 1t went into |
operation on January /. 1902, that
There shall be ten justices OF the |
peace in the District. who shall be ap- /
pointed by the President of the United /
States. by and with the advice and con- |
sent of the Senate. for term of four |
years, unless sooner removed as pro-
vidded by law
Apparently Repeater.
Section 8 of the code, as amended,
ghich would seem to repeal the original
section 3, provides as follows:
There shall be six justices Of the !
,eace in the District. who shall be ap-
pointed by the President of the United
states for term OF four years. unless
ooner removed as provided by law: pro-
'ided. that no person shall be appointed
o said Office unless he shall have been
bona-fde resident OF said District for
he continuous period of at least five
ears Immediately preceding his ap-
,olntment, and shall either have held
he Office of justice of the peace in said
district for a period Of at least two
ears or shall have been engaged in the
ctual practice OF law before the Su-
RENE Court OF the District for a period
+ at least five years prior to his ap-
ointment. Each OF said Justices before !
ntering upon the duties of his Office |
hall take an oath for the faithful and ;
impartial performance OF the duties OF I
is office and shall give bend in such I
Orm in such penalty and with such
urety or sureties as may be prescribed s
Y the Supreme Court OF the District. :
And said Supreme Court shall from !
line to time divide the said District into !
ubdistricts where the justice thereof $
..all have his office for the transaction 5
{ business, and may change the boun- l
aries of such subdistricts and the 10 I
llities of the Offices OF the justices
herein from time to time as the volume (
nd convenience of the business may re- c
uire. No justice Of the peace during ais $
srm of Office shall engage In the prac- /
&c Of the law, subject to the penalty f
!. removal from his cfice. When the s
umber OF such justices of the peace
nall be reduced by death, resignation, /
r expiration OF term of service, or 9TH T
wise. 10 six. the number OF such JUS :
ces of the peace shall be six only, and 4
the number shall not be reduced TO c
Y until the expiration of the term Of 7