The Washington times., 1902-07-07
Validity Of Appointment
OF Ten lnculnbentS
Questioned
NEW LAW PROVIDES FOR SIX
Ruling That Appointment Was Illegal
Would Legislate Four Permanently
Out OF office-Courts Held President
Acted Within Authority.

The consideration of the status of the
justices of the peace in the District will
not down and out, and every now and
then comes forward in a different phase.
First the point was raised that they
were not legally appointed-that when
the President made the nominations he
was without power TO act. This as
sumption was based on the fact that the
law authorizing the appointment OF ten
justices Of the peace with jurisdiction in
the District had not become operative at
the time the President named the pres
ent incumbents.
Question of Pay.
The next question which was dis
cussed was whether or not under the
circumstances the Justices would receive
their pay. This was considered in con-
nection with the fact that no provision
salaries.
All this was matter in which the
general public was interested.
The recent amendment to the code,
which provides that there shall be only
six justices OF the peace in the District.
is a subject which deeply interests the
ten now holding office. This section
OF the code is ambiguous.
Amendment Ambiguous.
II does not state that there are at
present ten justices of the peace in
office, except by inference. when It
states that this number is to be reduced
to six. either by death, resignation or
removal from Office of four OF the in
cumbents.
The question of the legality of the
appointment of the ten justices now
holding Office was considered by the Su-
preme Court of the District and the
Court of Appeals for the District during
the early part of the year. Both courts
held that the President was clothed with
power to make the appointments when
he did.
In the appointment of the justices the
President acted before the code which
gave him the power went into effect
The code which provided for the reduc-
tion of the number of justices in the
on March 3. 1901, to take effect January
l, 1902.
The Drawing Of Juries.
Some amendments were offered at the
last session OF Congress. One OF these
was a provision for the drawing OF
grand and petit iuries to serve during
the month of January last This was
l,,-s tot
ly. however, the juries were drawn be-
fore the resolution became effective by
being signed by the President
The question of the constftutionality
Of the juries drawn. exactly in accord
with the provisions of the joint resolu-
tion, was tested III the local courts, and
it was decided that the juries were ille-
gally drawn.
Appointment of Justices.
In the case of the justices of the
peace, the law providing for the appoint
ment of ten did not go into effect until
January /, 1902. The President. how
ever, named ten persons for the posi-
tions on December IS, 1901, thirteen
days before the law authorizing their
appointment went into effect and six
days later the nominations were con-
firmed by the Senate.
The subjects of the drawing of the
juries and the appointment of the JUS
tices OF the peace have been discussed
generally by many members of the local
bar, and some OF the most promine 1T
cannot see any legal reason why the ap-
pointment of the justices of the peace
was legal and the drawing of the juries
Illegal.