Evening star. [volume] (Washington, D.C.) 1854-1972, 1902-07-04
A FINE LEGAL POINT
NUMBER OF JUSTICES OF THE
PEACE IN QUESTION.
Section Of Amended Code Says Six,
but Appropriation Bill Pro-
vides for Ten.

There shall be six justices of the peace
in the Dist riot" This positive statement is
| the first provision Of section 3 of the code
as amended by Congress. 1t is causing
some perplexity to those who are charged
With interpreting the law as there are now
ten justices Of the peace in office.
When this section is read in connection
with the explanation of what it was desired
to accomplish. namely. reduce the number
from ten to six. through the death. resig
nation or expiration of the terms of four
Of the ten, and then declare the six to be
the full quota, there would seem to be no
question as to the meaning of the law. The
fine legal point has been raised, however,
that the language of the section to prop
eriy provide for this procedure should have
stated initially that there shall be ten
Justices of the peace" and then made the
provision for cutting them down to six.
Further proof of this intention is shown
by the fact that the District of Columbia
appropriation bill makes provision to pay
the salaries of ten justices of the peace at
$1,000. and allowing each $3.50 additional for
expenses. Nevertheless, 1t is declared that
In the amended section 3, which is now the
| organic law, there is not single word
about ten Justices of the peace. Whether
this will be construed to govern in the mat
ter by the auditor and disbursing clerk
| mains to be seen. If these officials should
rule that the code provision does govern
be raised as to which of the ten should con-
stitute the six to receive their salaries.
Section as Amended
Section as amended reads as follows:
There shall be six justices of the peace
in the District. who shall be appointed by
the President Of the United States for
term of four years, unless sooner removed
as provided by law: Provided, That no per-
son shall be appointed to said office unless
hn q hnr iIh inf nf
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 a 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 period OF at least five
years prior to his appointment. Each of
said justices before entering upon the duties
of his office shall take 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 as may be prescribed by
the Supreme Court of the District
And said supreme court shall from time
to time divide the said District into sub
districts and prescribe the place in each
subdistrict where the justice thereof shall
have his office for the transaction of bust
ness, and may change the boundaries of
such subdistricts 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 en-
gage 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, or
otherwise, to six, the number of such JUS
tees of the peace shall be six only, and If
the number shall not be reduced to six until
the expirat ton of the term of the present
justices of the peace only six vacancies
shall then be filed
The City Solicitors Views.
When this matter was brought to the at
tention of City Solicitor Duvall today, he
said there was no doubt Of the inconsist-
ency in the section, and that it would
quire judicial consideration.
Just how this judicial consideration will
be had Is not now clear. 1t is held by
other attorneys that the new section
completely legislates the present ten JUS
tees out of Offices, and provides for the
appointment of six by the President. This
is based on the theory that the old section
is absolutely repealed. and that in that re-
peal the old offices were abolished and six
new ones created.
However the section shall be ultimately
construed, 1t is evident that those who
drew 1t did not write into law the provision
which it was desired should be expressed.