The evening times. [volume] (Washington, D.C.) 1895-1902, 1902-01-06

Chitty-Erothers have you read the
Co5eg
Kent have, and confess ] under
stand 10 not
Blackstone am no party 10 tho
work was not consulted
/ Cho.us-Think of chat. he was not
! consulted,
! II Blackstone were TO visit Washington
/ today he would be astounded and Mortified
at the work Of mis- disciples. as shown in
/ the compilation Of the laws for the GOV
! ernmcnt o. tbs District II would be with
doubt and misgiving that he would under
take 10 unrayeI the tangle in which he
would find the law.
Since the adoption of the code in March
last it has been the subject Of general
discussion by the people Of the District
It has its friends and its opponents. but
I not even its strongest supporters ever
yentured the opinion that il is IN such
{ iorm as TO meet the requirements for
: which II was framed. On The other hand
/ many OF those, particularly members OF
/ the local bar. who have made the new
. compilation OF the laws q subject OF seri-
/ Gus study, express the opinion that the
/ effect OF the code viii be TO Increase
rather than to decrease. litigation
Up to this time, however. there has
been no attempt made by anyone TO test
the merit or constitutionaIity of the code
But there have been numerous hints let
drop here and there that as soon as on
,, portunity is presented several sections OF
II viii be questioned before the District
courts and probably taken to the su-
/ preme Court Of the District for FINAL de-
/ cision
Since the code went mo effect on Jan
/ uary very little business OF any kind
] has been considered by the justices Of the
| Supreme Court Of the District. Berfo-
ming with today. however. the real work
Of the January term OF the court viii
commence and II viii not be surprising
II the Strength Of the code is tested in
several particulars.
The Pending Divorce snits.
The frs test viii probably be made in
connection with the execution OF the d.
Force law Under the code divorce will
be granted in she District for only one
] cause.-The one spoken OF in tho Ri,I.
There are. however, hundreds OF suits for
/ divorce Instituted under the old law srf5
/ pending before the local couFts. By tbe
, law under which these cases were GIa5
| divorce is allowed for several causes
/ other than that named in the present
District code
The question now is. therefore. VIII
/ any OF the justices grant a decree NJ
( divorce for cause not permitted by the
/ laws nos- in effect IN this jurfslic+ionq
Many good lawyers are Of Inc oBf,fon
that they viii not. while on the contrary
many, on the ground that no law is re-
troactire. contend that the local courts
viii sign DEGREES in pending cases in
accordance with the statute ande- which
/ they were Instituted.
Presidents Authority Questioned.
The next point on which the -or,5-
ness Of the code VIII be tested VIII prob-
ably be with reference to the r-7.s,,-f+r
Of the Justices o. the peace The test
viii most likely be made in connection
with proceedings for ejectment. and viii
be along the line Of the right OF the
President to name the justices before the
Law clothing him with the power 10 do so
became elective.
The ten Justices OF the peace provided
Tor by the code were named by tn, prr-i
dent and confirmed by the Senate before
Christmas The authority Of the Presi
dent 10 appoint the justices is given him
by The code, but this did not become
operative until January ]. inst, so ii
Is commended by some that he was with
out power 10 make the appointments
when he Gid
The test OF this question would give
the defendant in any suit against him a
great advantage IN the matter or time.
particularly In proceedings In ejectmeut.
ana there is little doubt that it VIII be
taken advantage Of when opportunity is
presented
status Of Police Court Judges.
Again It has been suggested that under
the provisions Of the code several Of the
Federal officers IN tho District have been
leEisIated out Of Office Particular men
ton 10 discussions has been made OF the
judges Of the Police Court. and it viii
NOS be surprising 81 someone questions
The right or the Police Court judges 10
act u the game is worth the candle"
The Court OF Appeals Tor The District
VIII convene tomorrow after a recess
since the middle Of December. Ia the
event that the CleaTncss or constitution
atty Of any Of the sections Of the code
are question I'd, no time viii be lost in
bringing the matter 10 a final test before
the upper court. n is not probable that
any test case arising out Of the cOnstru-
ing Of the code viii be carried urther
than the Court Of Appeals for the Dis
trict-