Evening star., 1902-01-21
DEFECTS OF THE NEW CODE
CLAUSE RELATING TO JUSTICES OF
THE PEACE.
Omission of Authority to Issue War
rnnts-Remedy to Be Provided
Other Points.

Mr.. A. B. Duvall, the city solicitor, has
submitted an opinion to the District Com
nlissioners on two points affecting the
operation of the new code of laws raised
by the police department. The questions
involved were: First, whether the Justices
Of the peace may issue warrants for the
arrest of a party returnable to the Foiice
Court? Second, whether the code OF law
for the District of Columbia abr1dges the
authority of the superintendent of police 10
issue warrants as formerly provided by the
revised statutes of the District!
Prior to January 1, 1902 when the code
went into operation" says the solicitor
ANY justice of the peace was authorized
by section 800 Revised Statutes, District OF
Colun bia, to issue warrants returnable to
the Police Court against persons accused OF
crimes and offenses committed in the Dis
trict of Columbia. No such authority was
vested in justices of the peace by any PRO
vision of the code. Section 911 Of the code
authorizes a Justice of the peace to issue
search warrant to the marshal or any
officer of the police under the clrcum-
stances and conditions enumerated therehi.
Except provided in section 9ll, am VI
the opinion that justices of the peace atS
without authority to issue warrants Tor the
arrest of persons accused of crime.
Il consider the omission from the code OF
such authority to be one that shouiu oS
remedied in the interest of justice, and
will forward the draft of an amendment 10
the code the subject.
Powers Unabridged.
In regard to the second question the
solicitor holds that the powers Of the super
intendent of police to issue warrants, &C.
remain unabridged. He says:
Section 1876 of the code, containing the
provisions of repeal excepts from the
operation of the code, among other enumer-
ated laws: Third. Acts and parts OF acts
relating to the organization of the District
government, or to it's obligations, or the
powers or duties of the Commissioners OF
the District of Columbia, or their supoful-
mates or employees or to police reguiatlofs'
and generally all acts and parts OF acts re.
lating to municipal affairs only, including
those regulating the charges of pubic
service corporations.
THE major ard superint endent of police
is a subordinate or employe of the Comniis-
sioners of the District of Columbia, and all
acts and parts of acts relating to mis- pow
ers and duties remain, therefore, unaffected
by the code.
Other Amendments.
The solicitor has also returned to the
Commissioners two communications from o.
P. johnson, formerly justice of the peace
suggesting two amendments to the code
The first of these amendments was that
the present justices should be granted au-
thority to issue warrants returnable to the
Police Court. On this subject the solicitor
has already rendered an opinion as stated
above. The second amendment suggested
by Mr.. Johnson was as follows:
''All justices of the peace who have re-
tired from office under the code shall be,
and they are hereby, authorized to copy
and certify the proceedings, and furnish
transcript from their docket upon request
of either party to the action, which tran
script, with the original papers, shall be
sufficient authority for any justice of the
peace under the code to take further pro-
ceedings herein, and for such services the
retired justice of the peace shall receive
fee of 81 in each case"
Il do not consider this proposed amend
ment necessary or DESIRABLE says the
solicitor. He says there is now an
amendment pending, proposed by the COM
mittee of the Bar Association, providing
fully and satisfactorily for the subject
touched upon in the proposed amendment