Evening star., 1902-02-21
Mistakes Were Inevitable.

These are some Of the more prominent
changes made by the code. 1t is impossible
now to mention more of them. but 1t Is sur
ficient to say that the substance Of the code
puts us substantially upon the same plane
occupied for many years by the leading
states Of this country.
That there should be many and great mis-
takes in the preparation Of such a code Is
inevitable. No single man was better fitted
for the compilation Of such a code by natu-
raj ability and by the experience of years
both at the bar and on the bench than MT.
Justice Cox. He did his work well, and no
one man could have done 1t better, but from
the nature Of things 1t was impossible that
any one man should perform SO vast and
varied a work without errors. After Judge
Cox had finished his work 1t was atten-
lively considered by members of the bench
Of the Court Of Appeals and of the Supreme
Court of the District of Columbia and by a
committee Of lawyers from the Bar Asso-
citation Of the District. On two different oc-
casions, first, before the code was enacted,
and second, during the months Of June and
July Of last summer certain Of the courts
took a recess Of about six weeks on each
occasion in order that the judges and the
members Of the bar referred to might meet
as they did day after day and consider the
code, not merely section by section, but word
by word This work was done deliberately
and conscientiously, but from the very
nature Of the case it was impossible that
the work Of criticism and Of correction
should be perfect.
An Ideal Method Indicated.
The ideal plan to be pursued in construct
ing a code would be to have from three to
five thoroughly competent men who would
devote their whole time to 1t for at least
two years. This would give them an op-
portunity of not only comparing the codes
of the various states and kindred legisia-
ton, but of examining all pertinent de-
cisons OF courts of the various states con-
STRUNG these codes and pointing out their
defective expressions or operation. In this
connection, of course, the legislation and
judicial decisions of the English courts
would be carefully considered and weighed.
But no such work could be done save by
men who would give up all other profess
sional employment during that period and
who would be adequately paid not merely
for their work, but for the sacrifice necessa-
riy involved in giving up their practice
during that period. AS this course was i'm
practicable here the court and the bar have
been compelled to do the best that they
could under the circumstances, and they
have done it. 1t is an easy matter to criti
else the work that others have done. 1t is
not SO easy to do the work as we'll.
Proposed Amendments.
Coming now to the improvements which
have been suggested by the members Of
the court and bar since the code was passed
covered In its substance, I wish to call at
tention particularly to the amendments
proposed by the committee of the bench and
bar which sat during June and part Of July
of last year. These amendments have been
introduced into both houses Of Congress,
and few words will be said at the conclu-
sion Of this communication as to the desir-
ability Of having them adopted forthwith.
At the outset. 1t must be said that the
recent difficulty. which occurred with re-
spect to the continued authority of notaries
public and also with respect to juries. both
grand and petty, Of the January term OF
the court, would have been obviated If Con-
gress had passed these amendments which
were presented to 1t in due time to Obv1ate
the difficulty in question.
As to Justices Of the Peace.
Proceeding to consider the amendments
in the order contained in the said amend
atory bill, we have to note that an impor-
tant improvement Is to the effect that no
justice of the peace during his term of Office
shall engage in the practice of law, subject
to a penalty Of removal from his office. Sec
ton is amended, among other things, by
providing that a cause may be removed
from any one justice to the next nearest
justice upon fling an affidavit OF prejudice.
Section IL Is amended by authorizing JUS
tices of the peace to issue executions In all
cases in which they are authorized to rem
der Judgment. Section 80 Is amended in
most important respects, among others by
providing that Justices OF the peace IetF-
ing when the code goes into effect shall de-
liver to the clerk Of the Supreme Court OF
the District of Columbia all their dockets
and original papers. Further provision is
made for the making Of proper rules and
orders by the Supreme Court of the District
Of Columbia for the distribution and de-
livery of said dockets and papers among
the Justices of the peace appointed under
the code. Such justices are directed to pro-
ceed with the hearing of pending cases.
And further amendatory legislation was
contained which, had it been adopted In
time, would have prevented all Of the diff
culties which arose in January last when
the old justices Of the peace ceased to be
and the new Justices came into Office.
Important Changes Involved.
Section 85 is amended in q most impor-
tant reapect providing that nothing in thAt