Evening star., 1902-01-13
DEFECTS IN THE CODE
Present Conditions Anticipated by
Bench and Bar.
VIEWS EXPRESSED MONTHS AGO
Complete Work Obtained Only by
Frequent Amendment.
LEGISLATION PROPOSED

Certain defects in the new code of law
for the District of Columbia, which went
into effect the 1st instant, are being
brought to attention through the workings
of the instrument. This is not surprising,
nor even unexpected, it is declared, to those
in the least familiar with the subject. The
judges and lawyers who were charged with
the preparation of the code have taken
pains to point out that the new law is
neither complete nor perfect. At the time
it was enacted the Sd of last March, it bore
evidence of errors that had crept into it,
and it was then realized and announced
that additions and amendments would be
required from time to time in the future.
1t was admitted that only in it's practical
workings would many of the errors in the
code be discovered.
A committee of the Bar Association dur
ing the past summer went through the code
section by section and drafted large num-
ber of amendments thereto. These have
heretofore been published in The Star. The
amendments were presented to Congress
ea1'ly last month and their enactment be-
fore the code went into effect was urged.
The matter was not considered by the leg
islators prior to the Christmas recess, how
ever. 1t is hoped and expected that the
amendments will be made law in the very
time to time as the anticipated necessity
for them arises.
The following statement, directing atten-
ton to the fact that the code could not be
expected to be complete, was published in
The Star the 30th of last March, shortly
after the bill was enacted:
up to this time the local courts have
been operating under heterogeneous mass
Of laws, principally those of the state of
Maryland. Some of the ordinances actually
In effect in the capital city of the United
States in the opening year of the new
century stipulate that the penalties for GER
tain offenses shall be paid in pounds of
tobacco The judges the leading members of
the bar and the best informed citizens agree
that the code, to say the least, is a vast
Improvement over existing conditions. 1t is
not cOntended that it is perfect as it stands.
The assertion is advanced, however, that it
forms an excellent foundation upon which
may, and unquestionably will. be built the
superstructure of laws which it is desired
the District of Columbia shall ultimately
possess"
Views of Bench and Bar.
Attorney ]. ]. Darlington, a member of
the code committee the same day spoke as
follows:
'It is easier to point out beneficial
changes in the laws of the District of Co
lumbia which will be affected by the code
than to designate it's drawbacks and de-
ficiencies for the reason that the former
had been carefully aimed al and labored
for, while the latter for the most part, will
probably be discovered only after the code
has gone into effect and in it's practical
workings.
Justice Bradley Of the Supreme Court of
the District of Columbia. who served on
the committee. also discussed the situation
the Both of March in these words:
1.-The most ardent friend of the recently
enacted code of law cannot accurately
claim for it either completeness or perfec-
ton.
Completeness or perfection, if at all at
tainable, could not be reasonably expected
to be accomplished with the time and labor
expended in the preparation of the code. 1t
does not purport to embody all of the law.
1t expressly continues in force, except SO
far as inconsistent with or replaced by
some provisions Of the code, all British
statutes that were in force in Maryland
February % 1901. the common law as we
received it from England, the principles of
equity and admiralty. and certain specified
classes of United States statutes.
1T bears evidence Of errors that have
crept into it In the course of it's legislative
experience, and it will need some amend
ment at the next session of Congress, as
well as additions and amendments from
time to time in the future. Among it's mer-
its is it's preservation of the common law
system of pleading and practice. While
providing some needed reforms it has not
sought to replace that perfected science by
the experiment Of a code of procedure"
District Attorneys Statement.
In connection with statement for The
Star the LIST instant, the day the code be-
came effective, Mr.. Ashley-M. Gould.
United States attorney for the District of
Columbia, had the following to say re-
garding the prospect that the new law
would be found defective
while this code has been prepared with
very great care by able lawyers It VIII
not be surprising If, when put to the test
of judicial decision and construction it is
found defective in very many respects A
complete code of law Is growth and
cannot spring from the brain of any lawyer
or group Of lawyers fully equipped to meet
all the exigencies of complex modern busi-
ness and social conditions. But the pres
ent code is surely a good foundation upon
which to build"