Evening star., 1902-07-30
Provisions of Amended Code.

Section 80 Of the code as amended. pro
vides that:
1T shall be the duty of every justice of
the peace hereafter appointed, upon his res
ignation or removal from office, or the ex-
piration of his commission, and in case of
his death, it shall be the duty of his ex-
ecutor or administrator, if such dockets or
papers have come to his possession or are
within his control, to deliver all dockets
and all original papers in cases in the pos
session of such justice of the peace at the
time of his resignation, removal, expira-
ton Of commission or death to his sue
ceSSor in office
The concluding section of the code, as
amended, provides:
That nothing herein contained shall be
held to affect the term of office of any iu-
dcial, or other officer holding office when
this code goes into effect and operation. ex-
cept when, as in the case of the present
justices of the peace and constables, a con-
trary intention is manifested
Referring to the salaries of these off,
cials, beg to invite attention to the fact
in conclusion, that section 3 of the code
provides that Each of said justices of the
peace shall receive an annual salary of
$4,000, and the further sum of $3.50 annually
for rent, stationery and other expenses to
be paid monthly by the District of Colum-
bia,' while the act of Congress making an
preparation for the District government ap-
proved July l, 1902, provides For ten ius-
tices OF the peace at $1,000 each, and the
further sum of $3.50 each for rent, stationerv
and other expenses, in all, 50 $50"
The Controller'es Reply.
Section of the act of July 81, 1884 (2S
Stat, 20S), provides:
"Disbursing officers, or the head of anv
executive department, or other establish
ment not under any of the executive de-
partments, may apply for and the controller
OF the treasury shall render his decision
upon any question involving a payment to
be made by them or under them. which do
cision, when rendered, shall govern the an
ditor and the controller of the treasury n,
passing upon the account CONTAINING S,ii
disbursement"
AS shown in the communication above set
out of the auditor the District sonronrial
tionIact for the current fiscal wear proIida 1s,
for ten justices of the peace at 50 noa eaoL
and the further sum of $3.50 each for rent
stationery and other expenses, in ali 500 soa
1t Is only as it affects the use of this an
propriation that l have authority to render
DECISION upon the questions subrnitte6 bv
you. NO decision made by me can affec.
the general question of the validity of the
titles OF the present justices of the peace to
the offices which they are now holdine as
such title affects the general public oe tha
ntigants pefore either of such iustices
incidentally l must determine wba+bar
tneX are tegaily invested with the Office of
justice of the peace for if not So invested
they cannot be paid the salarie of tha 81
fees which they claim they are now hold
ing. Ao-
One of your questions would seem tn indi-
cate that construction might possibly be
given to the act of Congress approved June
80, 1907, supra, amending section of the
code. by which certain of the ten justices
would be retained in Office and the Others
legislated out. This is implied in the query
Who are such justices?" in connection
with the entire query Whether, in view of
the act or Congress amending the District
code. approved June 30, 1902, there are at
present any justices Of the peace legally in
Office in the District Of Columbia, and if so.
what salary are they entitled to receive for
their services as such"
| feel perfectly clear upon the proposition
that no such construction can possibly be
given to such amendment. Assuming that
under the provisions of the code as origi-
nally adopted. and before it was amended