The evening times. [volume] (Washington, D.C.) 1895-1902, 1902-01-08
APPOINTMENTS
OF JUSTICES.
Illegal and Void, Say Mem
b0rS Of District Bar.
PRESIDENT WITHOUT AUTHORITY.
Power to Name IncumBents Did Not
become Operative Until January 4.
Parallel Instances cited by An
drew a. LipscOmb-THe Ruling
JI'fOrm, He Declares.

During the past two days no subject
perhaps has been more seriously consfd-
cred by. the members or the local bar
than that o. the status Of the Justices
Of the peace for the District
The question Of the authority CT Presi-
dent Roosevelt to appoint ten justices
OF The peace before the law which
iclothed him with the power became oper-
.ative was discussed last Saturday by
number Of local attorneys. Since then
'the matter has been studiousIy invcsti-
gated and a number Of the members Of
the bar have expressed the opinion that
the appointments are null and void.
The Appointments Illegal.
One OF those who have given the sub
jecJ particular consideration is Mr. An
Grew y. Lirscom5. who at one time was
Assistant United States Attorney for the
District. He is clearly Of the opinion
that President Roosevelt was without au-
lthority 90 name the justices Of the peace
before the code which gave him the
power to 30 so went into effect. Mr..
Lipscomb has searched the books on the
subject and is satisfied thai the appoint
ments arc illegal and void
In speaking Of the matter Mr.. Lips
comb said.
The question is important They are
supposed 10 exist by virtue of the code
approved March 3. 1901 but which had no
force CT effect or practical legal existence
until from and after January I. 1902. by
virtue o. its initial clause, which says:
That the following is hereby enacted
md sF Ia "a q code of the
District Of Columbia 10 go into effect and
operation from and after the LIST day Of
January I'm the year Of our Lord 1902.
other Cases cited.
"Of course it is conceded that the Iesis-
lature can pass a statute or statutes TO
take effect on a future contingency or az
a future time. and IL has been uniformly
decided that when a particular time is
fixed for the commencement Of a statute
IT only begins TO speak and have effect
from that time. In the case o. Price VS.
Hopkins ne Mich 2iol. Judge cooley, for
the court said A statute passed 10 take
effect al a future day is understO God as
Speaking from the time il goes into oper-
alton and not from its passage
And in the case Of Larrabe w. Tai
bolt g GILL Md. 1860, the court said.
The late bankrupt law cf the United
expressly provided that il should take
effect only from and after February l.
1872 This is equivalent to declaring that
q should have no effect until that day
The Ruling Uniform.
"Thess.tso are samples Of uniform
line Of decisions. There are none contra.
The 5ode says, subchaDter one. There
shall be ten justices OF the .,eace in the
District of Columbia who shall Dc appoint
cd BIZ Tire President and with the advice
and consent OF the Senate
This means there shall be ten Justices
Of the peace when the code goes into e.
feet, because the Offices are created by The
code. and the code by its own provisions
does not become operative rs q code until
from ara alter The Ist DAY OF Janglry 30
the year Or our Lord 1902 Vet President
Roosevelt commissioned al ten IF these
justices In he December Of 1901. and be
fore the holiday recess thu Senate con
irmed them and before Tho code went into
effect they were sworn in ald gave their
bonds. Thus Offices we're Ill.l 'af0re they
existed. Was this legal or are .hc ap-
pOiuImCuIs void
Rulings on the Point
"a case cutie in point it seems. was
decided ia Massachusetts IN tue ease OF
CommcuW salth VS.. Fowler 90 Mess. 2egi
An act Of the Legislature creating q new
county out Of an old one vas passed Feb
ruary %. 1872 but 10y its last -.-..,i Jn rs
operation was suspended until tge the LIST
OF august, then next. On May Z. before
the august, the Governor issued his com
mission 20 q probate judge in the new
county. On QUO WarTantO the court de-
clared tle appointment void and without
legal aRG constitutional authority
Tho CrrfIaf .fIe roads here he .rer-
islature had created a new county and in
the act bad provided that L should not
take effect until a future dav mentioned
it was holden that an appointment By the
executive Of the Commonwealth to an Of
fee Tor said county before such day was
void
yet that is precisely what has been
done in the case OF our ten justices. If
the Massachusetts decision IS 20 De follow
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