The Washington times., 1902-01-20
EFFORTS TO
FIX NEW CODE.
District Bar Hopes to Un-
raVel Tangled Skein.
WILL SETTLE JURY QUESTION.
Two Plans in View Should a Deci-
sion Not BE Reached by the Court
of Appeals in Time-May Resort to
National LeEislatiOn-TrOubl Not
So Bad in the Circuit Branch.

Every effort will be made during the
current week by the members of the DIS
trIct bar to unravel the tangled skein of
law in the code. If the effort is success
full it will be mastering the lawless
science CT the law, that codeless myriad
Of precedents." which will be relief, not
alone to themselves, but also to the COM
munity at large.
The one question which is now being
considered is whether or not the grand
and petit jurics- serving in the Supreme
and organized A test case was made
nearly two weeks ago and will be argued
tomorrow before the Court of Appeals
for the District.
Term Expires February 3.
The term of the petit juries, however.
expires on Monday, February 3, and it is
hardly probable that the court will hand
down decision in the matter before that
time. The most serious thing in connec-
tion with the matter is that under the
code the jurors who will serve in the
different branches Of the Supreme Court
of the District during the month OF Feb
ruary must be summoned at least ten
days before the beginning of the term.
In order that the decision of the Court
of Appeals on the question of the legal
ity of the present juries may be OF prac-
tical service in the organization of The
iuries for next month. it must be an
nounced before next Saturday. 1t is not
probable that this will be done, because
it would allow the court only four days
to hear the argument of counsel and con-
slider the question before making a de-
cision.
Several Plans in Sight.
IN the event. however. that decision
is not reached by the Court of Appeals
for the District in time, there are two
other plans being considered by which the
work of the different branches of the court
may be gotten under way during the first
week in February. The first OF these is
by national legislation. 1t was stated
last week that this matter was referred
to District Attorney Gould for considera-
tion.
1t was the idea to have him frame a
joint resolution which would be submit
ted to Congress for immediate action.
during the remainder OF the present term
of court, which will end on the first Mon
day in April. II such a resolution were
to receive immediate action by Congress
the difficulty which confronts the local
courts could be overcome.
Change Terms of Court.
Another way OF relieving the present
situation is to change the time OF the be-
ginning and ending of the terms of the
Supreme Court of the District. Under the
code the justices of the District bench are
empowered to do this. Those who have
discussed the matter express the opinion
that the last named would be the mcst
practical and SureSt n.ethod of surmotint-
ing the difficulty. There is no doubt that
it is the quickest way, for there is con-
siderable uncertainty as to whether i'm
mediate action would be taken by Con-
gress on a joint resolution just at this
time, and even greater uncertainty as 10
the time Of the announcement of the de-
cision of the Court Of Appeals for the Dis
trict.
The existing conditions, there having
been no trials by jury in either division
of the criminal branch of the Supreme
Court since January 9, have naturally
blocked the work in the District Attor-
ney 5 once. 1Nere was q good deal OF
hard work done by Mr.. Gould's assist
ants during the Christmas and New Year
holidays, getting q number OF important
cases ready for trial. All this went for
naught because the question of the legal
ity of the iuries was raised.
The case of Marcellus Cole, coiored,
who Is under indictment for the murder
of Alfred Hawkins at Deanwood Park,
was set for trial today. but of necessity
was postponed. The witnesses in this
case. as in the others which were pre-
pared for trial. will have to be sum-
moned again.
Agree to Accept Verdict.
In the circuit branches of the court It
has not been so bad as in the criminal
divisions. In these branches several
suits have been tried before iuries, but
only after an agreement had been reached
by counsel and the ltigants on either
side that no matter what the result might
be the constitutionality of the juries re-
turning the verdicts would not be ques-
toned.
While the business of the criminal and
civil sides OF the court has been great
" retarded, the same may be said of the
probate business OF the Supreme Court OF
the District In all contested will cases
the proceedings are presided over by
Justice Barnard, who also is assigned to
Criminal Court No. 2.
How 10 Prevent Pneumonia.
.,,yt hot ornfr