Evening star., 1927-03-20
new CODE OF LAWS
FOR DC. UNDER WAY
All Statutes Held "Archaic"
to Be Eliminated and
Situation Clarified.
BY WILL p. KENNEDY.

passed by Congress for this Federal
territory. or old British and Mary =
iand statutes put into the District
code by blanket provisions. or gem
erai. Federal statutes applicable mere
are being carefully scrutinized so
that all of the laws now in force
here may be assembled into one
volume.
The purpose is to SO codify ana
clarity the law-which the bench ana
bar have told Congress is archaic
and "chaotic"-that any attorney
may be able to take two volumes
one the new United States Code. now
being distributed by members OF
Congress and sold at the Government
Printing Office, and the other the
District Code, now in preparation--and
feel sure that he has all the law on
any subject that may be In contro-
versy.
There have been codifications of
the District law before this-several
of which were excellently done ana
of great value to the legal profess
sion and the protection Of the rights
OF individuals, notably the code OF
1901 and the code OF 1924. They were
we'll done as far as they went, but
they merely assembled the current
acts of Congress and did not go back
TO the ancient British and Maryland
statutes that were made part OF the
substantive law when the District OF
Columbia was established as the seat
of Government. and they did not IN
clude many laws that are actually
in force here and about the existence
Of which the members OF the bench
and bar have at best only haZy
idea.
Differences Not Yet RecOnciled.
They also have not reconclled diff
ferences between these old statutes
which are still in force and subse-
uuent general acts of Congress that
should be applicable in the District
of Columbia as elsewhere through
out the country. Also, as new courts
and other institutions of justice were
set up here, their jurisdiction was
not clearly defined but absorbed the
Jurisdiction of other institutions
which they replaced, thus extending
the cumbersome process of delving
down to see just what the law is.
Promptly upon the adoption of the
Code of Laws Of the United States in
the first session of the Sixty.ninth
Congress, the work of codifying the
laws relating to the District was un-
dertaken by the House committee on
revision OF the laws, at an estimated
expense of $4,000 and a preliminary
Appropriation OF , ,0VU. IHe tOiiiIilII-
tee entered into a contract with two
talented and well trained lawyers of
the District" according to Chairman
Fitzgerald, subject to the continuing
approval of Congress as the work pro-
ceeds. These two lawyers are Harry
A. Hegarty and Edwin A. Mooers.
who have taught law for 20 and 10
years, respectively, at the Washing
ton College of Law. each lecturing on
nine subjects. and who made the
codification of 1924.
Satisfactory Progress Noted.
THE work is proceeding satisfac-
torily," Chairman Fitzgerald reports,
"under the supervision Of the commit
tee on revision Of the laws Of the
House of Representatives and with
the cooperation OF Chief Justice Nc
Coy and the associate justices of the
Supreme Court of the District and of
the local bar through committee OF
members OF outstanding ability ap-
pointed by the president of the Dis
trict Bar Association"
1t is estimated that the District
Code will be ready for presentation TO
Congress by January 1928. with the
tables and index to be added when
and if adopted by Congress.
The old British statutes hereinbe.
fore referred to are published in a
compilation by Alexander, and consist
OF about 1923, Of which quite a num-
ber have never been construed and
some of which have been held applica-
BILE to the District of Columbia and
some of which have been held inap.
plicable. The same situation Is TRUE
regarding an uncounted number of
Maryland statutes in force on Febru-
ary %. 1901. In the Codes of 1901
and 1924, as Mr.. Fitzgerald states,
they were taken into the District
Code under blanket provisions.
Quotation From Section I.
Section / reads: The common law,
all British statutes in force In Mary
land on the twenty-seventh day of
February, 1901, the principles of
equity and admiralty, all general acts
Of Congress not locally applicable in
the District OF Columbia, and all acts
OF Congress by their terms applicable
TO the District Of Columbia and to
other places under the jurisdiction of
the United States, in force at the date
of the passage of this act shall remain
in force except insofar as the same
are inconsistent with. or are replaced
by. some provision Of this code"
Also section 1886, under repeal pro-
visions, declares that "all acts and
parts of acts Of the General Assembly
of the State of Maryland general and
permanent in their nature. all like
acts and parts of acts of the Legis.
lative assembly of the District of Co
lumbia, and all like acts and parts of
acts OF Congress applying solely to the
District OF Columbia In force in said
District on the day of the passage of
this act are hereby repealed, except
And In these exceptions come many
provisions still in force. but which
never have been included in our Dis
trict Code. but which are now to be
included.
Scope Covered by the "Acts."
They are acts or parts of acts re-
lating to the rights. powers and duties
Of the United States; relating TO the
organization OF the District Govern.
ment, or to it's obligations. or the
powers or duties OF the Commission
ers, or their subordinates or employees,
or to police regulations, or generally
relating to municipal affairs, includ.
ing those regulating the charges of
public service corporation or relat-
ing TO the militia. or penal statutes
authorizing punishment by fine only
or by Imprisonment not exceeding one
year; or defining and prescribing the
organization, powers duties. fees and
TtholuiUSIItS Vi lnc OHlCc OI ID6 REGIS
ter of wills: or regulating the practice
OF pharmacy. or dentistry, or protect.
ing the people from empiricism In re-
lation thereto, or regulating the con
struction of buildings along alleys, or
for the promotion of anatomical sci
ence, to prevent the desecration OF
graves. for incorpora ton and regula
ton of dental and medical colleges
rega riding the testimony Of physicians
In ha 49, A.
Of medicine and surgery, commit.
ments Of insane persons to the Gov.