Southport telegraph. [volume] (Southport, W.T. [i.e. Kenosha, Wis.]) 1840-1850, 1847-10-13
LAW REFORM.

! We have watched with much interest the pro-
gess of legal reform, and particularly in the state
of New York as begun by the adoption of the
constitution ofhat State Present indications war
rant the belief that radical changes will soon be eff
fected in the whole system of practice in the courts
-senseless forms OF procedure and legal hctlons
will be given to the moles and the bats, while some
thing common sense. and better suited to the civil
cation of the age will be substituted. The people
have been enormously taxed to support cumbrous
and intricate system of law practice, while the ten
dency has been to delay justice, TO inict nnumera-
bic wrongs upon those unskiled in the mysticisms
of legal science and TO enable the rich TO Cypress
the poor because of their superior ability TO employ
ingenious craft, to catch the weak and simple in the
mcshes of the law.
1t will be recottectcd that the constitution of
the State of New York provides for the appointment
of Commissioners 10 codiy the laws and simplify
the practice. The Legislature Of the state at its
session last spring passed an act appointing the
commissioners, and among other duties of the COM
mssioners, they were directed to provide for the
abolition Of the present forms of actions and plead
ngs in cases of common law; TO devise uniform
course of proceeding in all cases whether legal
equitable cognzance, and for the abandonment of
all latin and other foreign tongues, SO far as the
shall be practicable The Commissioners appoint
ed, at least majority OF them, have entered upon
their duties with the true spirit of reormers, and
we confidently predict that the mingled mass of
wisdom and folly which has been accumulating for
ages, until volumes oflega nonsense have been piled
babel high will be swept away and soon numbered
among the thousand other extravagances, which
have once had their day in the world.
Besides the important duties Of codifying and
simplifying the laws, the Commissioners announce
it to be their intention:
/. To establish system of practice and
pleading
2. An abandonment of the distinction between
the modes OF proceeding and pleading and the es
adjustment of uniform system in all cases of le-
gal and equitable cognizance.
3. An adjustment OF the different forms of action
at law.
Should these important measures OF legal reform
be carried out (and doubt not they willy it will
prove most valuable achievement TO the moral
social and pecunary interests of the people And
we sincerely hope that these important movements
90 essential to good government and the proper ad
mnstraton of law will not fail TO enlist the atten-
ton of the people of Wisconsin. The people
soon TO assume an independent form of government
and we hope there will be a determination success
fully evlnced, TO throw aside mass of worse than
useless matter in the shape of legal practice, bor
rowed from barbarous ages. Common sense law
adapted to the plain understanding of the people,
should be relied upon to promote good order and to
secure the ends of justice In olden time, the Del
phic oracle was believed to utter the destnies of
mankind, but the multitude could not divine its
meaning it required priests initiated in the mys-
teres OF divination TO m2ar its sayings TO the peo
pie. So with the sayings of the common law; they
are obseured in the rubbish of so many ages that
they are mostly hidden from the knowledge of the
people; and even its professional expounders be-
come COMPOUNDED in attempts to thread their mazes
Says Chancellor Kent, to attain knowledge of
the common law becomes serious undertaking and
requires lasting perseverance in consequence of the
number of books which cucumber the path OF the
student" And this grievance he says is constantly
increasing; the number of volumes which are re-
garled as authortive amounts TO thousands, and is
continually augmenting
The determination of the New York commission
ers to abolish the present practice Fictitious plead
ngs and to substitute truthful form, We are sure
will commend itself to the good sense of the people
Pleadiugs are the invention of lawyers, TO enable
them to fatten on the public credulity. When an
action is brought, the defendants counsel puts in
his defence called piea-then comes a-replcatiosu
from the plafntif-ther aryoirdsr by the defendant
"a ,-r-rgc.ndsEhv tie pain.iF-a rss,.::s7 fforr,