Evening star., 1902-01-21
Munyon sWitchETazelSoap
Keeps Lady and Baby
Sweat asRoses.
which it is signed previous to the act of
signing"
Governments Contention.

signing"
Governments Contention.
United States Attorney Gould, for the
government, argued that there was no vice
in the proceedings in the court below, but
even If there had been, It was relieved by
the resolution Of January g. Mr.. Gould
pointed out that the only question which
could arise under the several assignments
of errors enumerated by the appellant was
that the act of March /, 1889, is an act OF
local application only, and not being in
cluded in the list of acts excepted, it falls
within the repeal provisions Of section
1886 Of the code, which are that all "acts
and parts of acts of Congress applying
solely to the District of Columbia in force
In said District on the day of the passage
of this act, are hereby repealed except,
ETC., and that the act of March 1, 1SS9, Is
not included in the laws which it Is de-
tinue in force. Except in so far as the
same are inconsistent with or are replaced
by some provision of the code.'
Intention of Congress-.
The intention of Congress is to be
gathered from the whole act, SO stated Mr..
Gould. Continuing, he said:
1T is apparent that Congress did not In
tend that there should be a repeal of any
existing law until from and after January
1, 1902. Hence the act Of March 1, 1889,
remained in full force and effect, at least,
until the code became operative. Did 1t
then become vigorless for all purposes? We
say that it did not, and that it did continue
in force in so far as such continuance was
necessary for the purpose of providing trial
jurors for the court for the month begin
ming with the first Tuesday in January and
terminating with the Monday preceding the
first Tuesday in February, 1902, and grand
nj he
on the first Tuesday of January, 1902. The
reasons for this position are conclusive.
1t will be observed that the Supreme Court
of the District Of Columbia is not abolished,
nor are its terms, as previously established,
abolished by the code
From Old to New DispensatfOn.
"The court passed from the old to the
new dispensation, in so far as the admin
istration of justice was concerned, with all
its functions and powers unimpaired and
this by the very terms of the code itself.
Section 90 of subchapter 3 provides that
the court shall continue as at present con-
stltuted,' and section 81 provides that it
shall have and exercise all the jurisdiction
possessed and exercised by it at the date
of the passage of this code the obvious
Import Of which is that the court should
have and exercise, after the code went
into effect, all the jurisdiction it possessed
and exercised on March 3, 1901, the date of
Its passage, when not Incompatible with or
until it became Incompatible with some
specific provision Of the code relating to
such jurisdiction.
1.-The act of March L. 1889, contemplated
the drawing of names" for trial Jurors in
the court for the month of January, 1902
and contemplated, also the drawing of
grand jurors for the term of the court be-
ginning with the first Tuesday of January,
1902.
No Change in Conditions.
1.-THE court continues and it's terms con-
tinue and the code nowhere forbids the i'm
paneling of trial Jurors for January, 1902;
in fact Congress-, aware of the authority
for and of the manner of obtaining jurors
provided by the act Of March 1, 1889, and
also of the terms established by the court
apparently acted upon the assumption that
jurors to be drawn and impaneled under
that act were to serve during the month of
January, 1902, for no provision is made in
the code for trial jurors until the first Tues
day In February, 1909, and upon the as
sumption that grand jurors were to be
drawn and impaneled under the old act for
service at the January term 1902, of the
court, for the only provisions of the code
relating to grand jurors are that they shall
be drawn at least ten days before the COM
court and that their term of service shall
begin with each term = and shall end
with such term unless the jury shall be
sooner discharged by the court In no
GO and 81 of the code in regard to the court
and its jurisdiction be fully operative
Impeding Course of Justice.
IF 1t can be reasonably avoided, an inten-
ton should not be imputed to Congress to
needlessly stop the administration of jus-
tice, and thus inconvenience the public and
individuals and impair the constitutional
rights Of accused persons to a speedy trial,
which would IN effect be done If the appel
lant's contention were sustained. The con-
struction suggested on behalf of the United
States of the provisions Of the code bear
Ing upon the case at bar reconcIles one pro-
vision with another, gives effect to all and
avoids such embarrassing consequences"
The arguments were followed closely by
many members Of the bar, the attendance
In the court room being unusually large
For the Ensuing Year.
The thirty-second annual election of Of
ficers of the st. Bonifacius Society was
held last night in st. Joseph's Hall, with
the following result: William Reith, presi-
dent: Alexander Ebert, vice president;
John s. Hartmann, secretary; John w.
Brahler. financial secretary; John B. Geier