Evening star., 1902-07-30
Intention of Congress.


II Congress had intended TO legislate out
of office the ten justices of the peace which
it knew were in existence under the terms
Of the original enactments of the code, and
TO provide for six instead thereof, to be
appointed instanter, after the taking of
effect of the amendment by language such
as the first sentence of section 3, it strikes
the ordinary mind that 1t would have rested
content with the use of that language and
would not have added, as it did further
along in said amended section, the fol-
lowing:
When the number of such justices of
the peace shall be reduced by death, resig-
nation, or expiration of term of service, or
otherwise, to six, the number of such jus
tiCeS of the peace shall be six only and If
the number shall not be reduced to six until
the expiration of the term of the present
justices of the peace only six vacancies
shall then be filled
While this language is ambiguous and
uncertain, yet to my mind il is reasonably
clear that it was the intent of Congress,
constituting this language as we must, with
and as a part of the first sentence fixing
the number of justices of the peace in the
District of Columbia to six, to fix the num-
Der at six not later than when the terms of
all the then existing justices would expire
by limitation, namely, four years after the
date of their appointments. and not earlier
than when six of the original ten would be
IL.
Giving the amended act this construct ion
gives force and effect to every word and
sentence therein. If we should only read
the first part of this qualifying part of the
amended section, and not consider the last
sentence of the amended act fixing the
number of justices of the peace at six, the
conclusion would be irresistible that the
number of justices was fixed at six when
in the language of the qualifying express
sion, when the number Of such justices
of the peace shall be reduced by death,
resignation. or expiration of term of serv-
ice, or otherwise, to six, the number of
such justices of the peace shall be six
Should None Die or Resign.
The latter part of this qualifying sentence
does not change the meaning of the first
part. 1t continues:
And if the number shall not be reduced
to six until the expiration of the term of
the present justices of the peace only six
vacancies shall then be filled"
Stating the last part of the qualifying
sentence another way, it means that after
four years shall have expired from the date
of the original appointments of these JUS
tfccs,. and more than six of them remain,
not having died or resigned in the mean
time, that no more than six appointments
shall then be made.
. / assume that this latter clause was
placed in the act through an abundance of
caution. l also assume that if five of the
present justices of the peace resigned to-
day there would be one vacancy to fill in
order to have six justices of the peace for
the District, provided in this amend
ment; but that il four were to resign or die
today there would be no vacancy to fill.
1 could make my position palmer on this
latter proposition if l should set out these
provisions slightly transposed. having a
due regard for the substance matter of the
amendment, and leaving out in this trans
position only such words as are repeated
and not altering at all the sense of the lam
guage by such omission or transpositicn
In this I would be fully justified by the
doctrine laid down in United States agt
Sayward, 160. United States 493.
But L do not deem this to be necessary
for, by giving effect to all the words of
this amendment, it seems reasonably clear
that it was the intention of Congress to re-
duce the number of justices of the peace in
the District Of Columbia to six and only
when the number now in existence shall be
reduced to six. as above set out.
I therefore conclude that the present ten
justices of the peace in the District of CO.
lumbia are not only de facto but de jure
justices of the peace, and are entitled TO
be paid their salaries as such. 1t is un-
necessary to say more as to the amounts to
be paid them than that you are not au-
thorized to pay them al greater rate than
has been appropriated for by Congress; in