Evening star. [volume] (Washington, D.C.) 1854-1972, 1902-07-08
TAKES The; INITIATIVE
-.'.T NJ -
Auditor Petty's Action Re-
garding Looaa|ls3Magistrates.
OPINION SOLICITED
BELIEVES JUSTICES OF THE
PEACE WERE LEGIsLATED OUT.
Question to Be Referred to ATTORNEY
General or the Controller Of
the Treasury.

Mr. J. T. Petty. the District auditor. who
certfies to all District accounts, has de-
cided to take the initiative in bringing
about a settlement as to the number of
justices of the peace who are authorized to
deal out justice in the national capital. Mr..
Petty is of the opinion that all of the JUS
tees have been legislated out of office. and
that the authorities are called upon to ap-
point six new, justices to take the place of
the ten now in Office, 1t being presumed of
course, that the six chosen will be from the
ranks OF the ten now in office. For some
days legal circles have been stirred up over
the discovery that the amended code pro-
vides for but six justices Of the peace,
whereas the District appropriation bill car
ried salaries for ten such officers of the law.
1t is said Congress intended to provide that
there should be but six justices after the
number now in office should have been re-
duced to that number by reason OF death
removal or resignation. However. the
amendment explicitly states There shall
be six justices of the peace ETC.
Auditor Petty also brings up another very
interesting point in connection with the
justice of the peace situation. The code
provides, as it did before being amended,
that the justices of the peace shall receive
a salary of So. 900 each. The District appro-
ries of only $1,000 each, it being Intended to
reduce the compensation of the minor
judges to that figure. 1t would seem from
this, Mr.. Petty believes, that the justices
will have a right to claim the extra 81 900
under a deficiency bill in the next session
of Congress.
Auditors Communication.
Mr.. Petty has presented the matter to the
Commissioners and has asked them to act
His fS
Il have the honor to request that you ask
of the Attorney General. or of the control
Ter 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, 1902, there are at present
any justices of the peace legally in office in
the District of Columbia, and If So how
and what salary they are entitled to receive
for their services. rs
1T Is provided, among other things. by
section of the code; as 1t went into opera
ton on January l, 1902 that
There shall be tan justices of the peace
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
Provisions of Section 3.
Section OF the code, as amended. which
"odtu SttN ~ Ieptdl the original section
3, provides as follows:
There shall be six justices of the peace
in the District, who shaft be appointed by
the President of the United States for a
term of four years, ,unless sooner removed,
as provided by law: Provided That no per-
son shall be appointed to said office unless
he Shall have been a bona tide resident of
SAID District for the continuous period of
at least five years Immediately preceding
his appointment, and shall either have held
the office of justice of the peace in said
District for period of at least two years
or shall have been engaged in the actual
practice of law before the Supreme Court
of the District for a period of at least
five years prior to his appointment. Each
OF said justices before entering upon the
duties of his office 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 penalty and with
such surety or sureties may be pre-
Scribed by the Supreme Court of the Dis
trict.
g And said Supreme Court shall from
time to time divide the said District into
SubdiStrictS. where the justice thereof shall
nave MS once for the transaction of bust
ness, and may change the boundaries Of
such Subdlstricts 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, resigna ton or
expiration of term of service, otherwise,
to six. the number of such justices of the
peace shall be six only, and II the number
shall not be reduced to six until the expi-
ration of the term of the present justices
of the peace only six vacancies shall then
be filed
Further Provisions.
Section 80 of the code, as amended, pro-
vides that
9 1t shall be the duty of every justice of
the peace hereafter appointed, upon his res
ignation or removal from office, or the ex-
piration OF his commission, and in case of
his death, 1t shall be the duty of his ex-
ecutor or administrator II such dockets or
papers have come to his possession are
within his control. to deliver all dockets
ana all original papers in cases in the pos
session of such justice of the peace at the
time OF his resignation. removal expiration
OF commission or death, to his successor in
Office
THE concluding section Of the code as
amended, provides
That nothing herein contained shalt be
held to affect the term of office of any jul
dicial or other officer holding office when
this code goes into effect and operation ex-
cept when as in the case of the present
justices of the peace and constableS, a con-
trary intention is manifested
A Conflict of Authority.
referring to the salaries of these off,
Gals, l beg to invite attention to the fact
in conclusion, that section 3 of the code
provides that each of said Justices of the
peace shall receive IAN annual salary of
$1,000. and the further sum of $3.50 an
nually for rent. stationery and other ex-
penses. to be paid monthly by the District
OF Columbia while the ,-act of Congress
making appropriate for, the District gov
eminent. approved July i, 1902, provides
Tor ten justices of the peace. at s.. 900 each,