The Washington times., 1902-01-13
DISTRICT COURTS ARE ALMOST
AT A COMPLETE STANDSTILL.

then called upon the members of the
bench of the Court of Appeals and ar
rangements were made for an early hear
ing of the appeal
Argument on Appeal.
The record in the matter was printed
and filed Saturday. Tomorrow. IL it is
practicable, without delaying other mat
heard on the appeal. In the event that
this cannot be done date will be agreed
upon for the hearing of arguments on the
special appeal allowed.
Meantime, although there are many
cases on the dockets ready for trial. work
in both branches of the Criminal Court is
at a standstill. For this reason an effort
will be made to have the question de-
cided by the Court of Appeals at as early
date as possible. The same condition
of affairs exists in the circuit branches
OF the court. the only difference being
that there litigants may go to trial upon
waiving their rights and privilege to cause
delay by challenging the poll of the jury.
There are many important cases upon
the civil calendar. however, wherein ii Is
probable that this agreement will not be
entered into by counsel. For this rea-
son 1t is believed that no matter what
the decision the Court of Appeals makes
in the matter, the question of the con-
stitutionality of the formation of the
present juries will, after all. be taken to
the United States Supreme Court for
final adjudication.
Drawn Under Old Act.
AS heretofore stated, the present juries
were organized under the authority of
pint Clrrfin olo tad Nv
an amendment to the code, providing that
they should be drawn under existing laws.
This resolution was passed on December
IL last, but was not signed by the Presi-
dent until the night of January s, several
hours after Bessie Harris was declared to
be guilty in Criminal Court No. 1.
The jury which returned the verdict
was drawn and organized according to
the old law. which died by repeal in the
enactment of the code that went into ef-
feet on January /. 1902. So it is that the
question which the Court of Appeals is
asked TO answer is whether or not the
joint resolution adopted December II, but
which did not actually become law until
signed by the President on January s,
makes valid the drawing of the juries on
December % last. under existing laws.
The resolution. it will be remembered. is
an amendment to the code which did not
go into effect until January 1. 1902.
The juries for service at the Police
Court were drawn at the same time, and
under the same conditions as were those
for the Supreme Court of the District
Since Thursday last jury trials have been
suspended in that court because IL the
juries in the higher court are decided to
be illegally organized the same will be
true of those drawn for the Police Court
Peace Courts in Trouble.
It is not alone in the Supreme Court
and the Police Court OF the District that
the members of the bar and litigants find
embarrassments and difficulties confront
ing them because of the operations of the
code. In the justice of the peace courts.
too. work is practically at a standstill.
This is because OF omissions in the code
of specific provisions comforting power
upon them which 1t was no doubt the
intention of the trainers of the law to do.
AS it is the justices of the peace are
without power to issue execution upon
judgments rendered by them, or to issue
warrants for the arrest of yiolators OF
the law and make them returnable in the
Police Court as heretofore
Neither does the code provide for the
carrying on to a final adjudication suits
pending in justice OF the peace courts
which were begun before the old JUS
tices, nor for the keeping and preserving |
of those records. |