New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1849-04-02
The Ieaal Practice Reform.

The Legal Practice Reform.
The Senate of Tins State rejected on Saturday
the bill which had previously passed the Assem-
bly continuing in office Messrs DAVID Graham.
DAVID Daley Field and Arphaxad LOOMS rs
Commissioners 70 Reform and Simplify the Legal
Proce edings and Practice under our Laws. The
vote on the final passage OF the bill was follows
AYKs-Messrs Belts Fog. Frost, Geddes, :. II. Z
Hall. w. Hall Hawey Smith, Tsmblin, WhsllOD,
Wlkn-l
HoEs-aesss. Bond BrownsoD. Clark Coffin Cole,
Coli Cook, COrnwel, Fuller, Johnson, Mariin-ll.
(T,a Senators absent or not voting including Messrs
Bok, Bush Fine, and FLOYD, who were IN their seats
jus, before and after this vote taken. Mr. That
xsu Of Albany Co is In good health and might have
been prcsen, had he chosen but believe wen, home
tbs night before Msssrs Lawrence Of this City,
Burch of Herkimer and Little of Otsego at home
sick Mr. Adams Of Greene absent, we know not
why; Mr. Williams Of Tompkins, the tenth is dead
There was some little talk before this vote
was taken, principally by Mr.. Cole OF Orleans
against the bill which may have mised one or
two Senators but 1t will mislesd very few beside.
twas urged that the Commissioners have finished
their work, but we spprehend these gentlemen
understand the matter quite as well as any Sens-
tor, and they say they have mt finished. There
are st many details or incidents of Legal Prac-
tice relating to the powers and duties OF Sherlt''
composition Of Jaries, &c. &c. which require to be
adapted 10 the New Code and none but a very
small lawyer need be told that this can be better
done by those who formed the Code than by any
one else. And beside full half OF the Report OF
the Com missioucrs remains to be approved amend
ed or rejected by the Legislature and amend
ments will be constantly proposed OF which no
lsymsn can be expected TO comprehend at
glance the scope and effect The Legislature
should be in constant and familiar intercourse with
the Commissioners while acting on their work,
calling for an explanation of this, rectihcatlon
OF that, inquiring how such result is to be at
tained or such difficulty avoided Whenever 1t
shall seem desirable to amend, the Commissioners
should be required to draw the amendment, so as
10 have it accord in spirit and dcton with the body
OF the Code. Ii different course is pursued
there will be great danger Of anomalies and incon-
INTELLECTUALLY a chance of avoiding them. But
in terminating the official existence OF the Com
mission. tho Senate hoe plainly informed the Cos"
missioners that 1t chooses to have nothing more
10 do with them.
We care moi how many apologies and explana
tions shall be made for this act ream OF petit
FORGERY in its defence would be simply wasted
The People already quite generally understsnl
that every lawyer by trade who does not find the
better class of business abundart and is obliged or
inclined to deal largely In the worse cherishes al
intense hatred Of the Practice Commission Its
members have been too honest, too thorough, too
faithful. They have brushed away the cobwebs'
mysteries and fctions of aw-cralt with too reSo
lutte a hand. In spite of sharp-dealing attorneys
and mea"ly conniving Judges. it ia already mani
fest that wherever the principles of the Code shall
have been thoroughly carried into effect and the
brief season of uncertainty and iEexperence which
must ever follow the adoption OF so radical a
change shall have passed the Law Business OF
the State can and will be transacted for oncthrd
its present cost, and our state Will have large
surplus Of third and fourth rate lawyers TO spare
for blowing. blacksmiihinr colddigeing and other
employments adapted to their several capacities.
And herein is the handspring OF the deadly hostili
~ which the Code aud the COdiiers have exPe-
neuced Ii would hardly answer TO confess tho
truth and al manner Of substitutes and subter-
fuges are resoried to. The Commissioners have
done too much--they have interered with the du
ties OF the other Commission-they have not de
voted time enough 10 their dutiestheIr work IS all
done, &c. &c. Blu, scarcely any body is blinded to
the real cause OF all this hostility and undermining
Had the Commissioners served their craft better
aud the People worse, they might have remained
in office long they pleased.
Butthc Senate has decided to take the remainder
OF the work into its own hands 1t has made large
assortment OF amendments 70 the Code OF Civil
Practice, which are now before the Assembly for
concurrence We are not familiar with their
details, aud therefore shall not pass judgment
upon them; they may be judicious and useisl Tor
aught we know All We desire - the completion
OF the Reform IN the spirit wherein the Commis
soners commenced and have SO nobiy prosecuted
1t; tear that Will not be ELECTED with the
Commissioners out of Office appreheud they
were put out or suffered to 20 GU; ia order that
thr work should be arrested II not suhverted. The
Senators have taken upon themselves a fearful
responsibility let them look well to 1t Our
present impression Is that those who voted TO
abolish the Commission do not, or NJ least need
not look 20 a reelection, while those who eyadcd
the decisive vote will had coming back to the next
Senate a dodge beyond their dexterity. However,
let US wait and see.
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