Evening star., 1902-07-30
The LOCAL JUSTICES
None Legislated Out of
Office.
STATUTE INTERPRETED
EFFECT OF AMENDING THE DIS
eTRIcT CODE.
Opinion Rendered to the Commission
ers by Controller Tracewell Of
the Treasury.

controller TraceweU OF the treasury to-
day decided that the ten justices of the
peace of the District of Columbia are de
facto and de lure justices so far as the
payment by the treasury of their salaries
is concerned. The controller says he has
nothing to do with the question except to
decide whether the justices are legally
holding office from the point that would
justify the payments by disbursing officers
of their salaries
The controllers decision was sent to the
District Commissioners this morning. AS it
Is an important one, the full decision will
be Of interest 1t is as follows:
The Commissioners Request.
I am in receipt of your communication of
the 21st instant in which you request a de-
cision whether, In view of the act of Con-
gress amending the District code, approved
June 80, 1902 there are at present any JUS
tices Of the peace legally in Office in the
District of Columbia, and If so, how many,
who are such justices and what salary are
they entitled to receive for their services
as such.'
Your request is presumably based upon a
communication addressed to you by the
auditor for the District, under date of the
sth instant, accompanying your letter, and
which reads:
Il have the honor to request that you ask
the Attorney General, CT the controller of
the treasury, as you may determine, an
opinion as to whether, in view of the act
of Congress amending the District code,
approved June 80, 1892, there are at present
any justices of the peace legally in office
In the District of Columbia, and If so, how
many, who are such Justices of the peace
and what salary they are entitled to re-
ceve for their services.
1T Is provided, among other things. by
section of the code. as it went into opera
ton January /, 1902, that:
There shall he inStirpS of the
In the District, who shall be appointed by
the President Of the United States, by and
with the advice and consent of the Senate
for term of four years, unless sooner re-
moved as provided by law.
Section of the code as amended which
would seem to repeal the original section 3,
provides follows:
There shall be six justices of the peace
in the District of Columbia who shall be
appointed by the President Of the United
states for term of four years. unless
sooner removed as provided by law: Pro-
vided, That'no person shall be appointed to
said Office unless he shall have been bona
fde resident of said District for the con-
tinuous period of at least five years imme-
diately preceding his appointment, and
shall either have held the office of Justice
of the peace in said District for a period Of
at least two years or shall have been en-
gagged In the actual practice of law before
the Supreme Court of the District for a
period of atleast five years prior to his ap-
pointnent. Il Each of said justices before
eHteEliS upon lHe duties or mis- once shall
take an oath for the faithful and impartial
performance of the duties of his office and
shall give bond in such form in such pen
atty and with such surety sureties as
may be prescribed by the Supreme Court
of the District.
And said Supreme Court shall from
time to time divide the said District into
subdistricts where the justice thereof shall
have his office for the transaction of busi-
ness, and may change the boundaries of
such subdistricts and the localities of the
offices of the justices therein from time to
time as the volume and convenience of the
business may require. No justice of the
peace during his term of office shall engage
in the practice of the law, subject to the
penalty of removal from his office. When
the number of such justices of the peace
shall be reduced by death, resignation or
expiration of term of service, or otherwise
to six, the number of such justices of the
peace shall be six only, and if the number
shall not be reduced to six until the ex-
piration of the term Of "'>e present Justices
of the peace only six vacancies shall then
be filed