The Washington times., 1902-01-02
one DAY UNDER
THE NEW CODE.
Went Into Effect Yester-
day Quietly.
POLICE JUDGES NOT DISTURB ID.
Members of Local Bar Predict Liii-
cation Over Court Officers Juris-
diction for the Next Ten or Twen-
ty Years = Contested Decisions
Promised in Numbers.

diction for the Next Ten or Twen-
ty Years = Contested Decisions
Promised in Numbers.
The new code of laws for the govern
ment OF the District went into effect yo
terday. without confusion or hindranoe
In the circumstances, however, it VIII not
be surprising if several of its sections are
courts
The code OF laws by which the District
is now governed was originally compiled
by Walter S Cox. formerly an Associate
Justice of the Supreme Court of the Dis
irict
Since the compilation by Mr. Cox, the
committee of the Washington Bar Associ-
alton which has charge of the matter
made many changes in the original text.
As result the present code would be
scarcely recognized as even a revision of
the compilation drafted by Mr. Cox about
two wears ago.
Reductions of Code.
The original text contained about /, 300
arge type written pages, while that
adopted by Congress on March last year
contains about 300 pages of onebslf the
size of the original pages. Thus t will
be seen that the text has been greatly
condensed. and in the opinion of many
prominent members of the local bar a
deai ri good matter has been squeezed
ut Dfrthe original
Som after the adoption by Congress at
tenuon was called to its defects and the
committee began its revision. Numerous
amendments were framed which it was
believed would remedy the existing faults.
These were submitted just before the
adjournment for the Christmas holidays,
but were not considered. so that the code
became operative without any of its faults
being remeded.
The judges Of The Police Court not bav-
ing been reappointed by the President it
is contended are divested of their author
ity and it will not be surprising If their
right tc exercise the functions OF office
Will he tested by either proceedings in
Ia beas corpus or by petitions for GER
tlori ri.
Judges Hold Over.
Those who claim TO have studied the
new code carefully assert, however, that
there is nothing in it to disturb either
Judge Knnball or Judge Scott; in fact.
that the Attorney General has given an
opinion 10 the President to the effect that
beth judges hold over and -eappoint-
ment is not necessary.
However this may be- it is predicted
that at the first opportunity some attor-
ney viii institute habeas corpus proceed
ings in the interest of a committed client
on the ground that if either Judge KIM
ball or Judge Scott holds him, he is held
~ ha nr1a Of n oTfipar vii hOnt imriSntG-
tioI.
One Sure Change.
This would eventually result in the
Court of Appeals having TO pass on the
case. and the outcome, it is expected.
would be an opinion that both of the
judges are still legally on the bench.
The one change that is sure to occur
is in the place now occupied by DR.. Sam
uel A. Croft. Acting Collector of Fines.
DR.. Croft is regular member Of the pc
lice force. and will be transferred to some
other position. The new code creates an
office designated as Collector of Fines. and
Frank 4. Sebring. who has been an as
sistJnt in the office of the clerk of the
court. Joseph Y. Potts, will fill it.
Judges Trade Bcnchcs.
Next Monday Judges kimball and Scott.
according to custom, will trade benches.
Judge kimball. who for the past year
has presided in the District branch of the
Police Court. will take the bench in the
United States branch, and Judge Scott,
who has been occupying that bench, will
sit Ia The District branch.
Baniff Cole will go with Judge Kimball,
and Bailiff Graham Will serve with Judge
Scott. Bailiffs johnson and Calk, the lat
ter having taken Bailif Suffers place,
will remain in the United States branch,
and Bailiffs Kendig and West will con-
tinue in the District branch
Work for District Branch.
The work in the District branch of the
court will be largely increased, and the
genial Assistant District Attorney, James
L. Pugh who has charge of prosecutions
In this branch, will be very busy man.
Heretofore among the cases heard in the
United States branch have been those per-
tanning to violations OF the insurance and
pharmacy laws. practicing medicine or
dentistry without license. carrying con-
cealed weapons, plumbing regulations,
harbor regulations, fishing in the Potomac
River unlicensed dogs, game and bird
law weights and measures, unlicensed en-
gfneers, the smoke law, and multitude of
other breaches. All of these will be heard
hereafter in the District branch.
Appeals From Judgment.
Then the question of where litigations
commenced before a justice of the peace
will end is another matter which is being
considered by members OF the local bar.
In one section of the code 1t is stated
that appeals from the decision of JUS
tices shall be determined by the Supreme
Court of the District. while by another
80 1Ai hot tn.- in
pute growing out of litigation before JUS
tees of the peace will be determined by
the Court Of Appeals of the District
The change in the divorce law has also
caused considerable comment. By many
the provision of the code which permits
sf divorce in the District only on statu-
tory grounds is claimed to be unjust and
calculated to work many hardships. On
the other hand. 1t is contended by some
that it will DO much TO elevate the morals
of the community as well as be a him
drance 10 individual wrong doing.
Caused Divorce Rush.
The new divorce law, notwithstanding
this. will not be popular. II was demon
gtratcd during The last lew days of the
year by tire rush that there was to file
petitions by persons desiring to have their
bonds dissolved.
II the petitions filed, legal separations
were asked for or every ground allowed
ty the old code of laws. Nearly hun
dred suits for divorce were filed on Mon
day and Tuesday. while during the
month OF December 199 petitions for di-
yorce were placed On record in the office
OF the clerk.
What will be the final disposition Of the
suits recently filed is question which
has also been discussed at length by the
LEGAL bar. There are some who contend
that the Supreme Court of the District