The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-02-01

ALBANY January 30, l849
Defeat of the Bill Continuing in Office the Com
m,ss,omrs on Practice and Pteadings--Leg,sla-
tire A6a,rs, &c, &c.
] announced to you, several weeks before tho
meeting of the Legislature, that, during the present
session, formidable and powerful opposition to
the new code of legal practice would be developed
In that body. The accuracy of that prediction has
been confirmed. The term of office of the Com
missloners on Practice and Pleadogs, will expire
tomorrow and the House to-day, by vote Of
ninety mine yeas TO seven nays, refused to continue
them in office beyond the first day of April next
consider this vote an expression OF the hostile
feelings which pervade the Assembly IN reference
to the code OF procedure now in operation. con-
slider it deliberate verdict against the code but
one of the Commissioners, with whom have had
some conversation this evening, seems to take q
difit rent view of the motives which Influenced the
House IN giving this vote. THIS Commissioner
remarked, that the vote decided the question
whether the code would be retained or repealed
he SAID the question was decided in favor OF
the code; il would not oe repealed. The
| Commissioner also professed to regard tnis
vote evidence that the House does not coacur
In the opinion entertained generally by the legal
profession, that this board OF Comm sslOners are
set OF impracticable philosophers OF the Fanny
Wright and FourIerte school. IL IS dlihcult to
That body refused to assent TO the suggestions made
by these Commissioners, IN communication
which they lately addressed TO the Legislature.
In thai communication, they observed tnat IL
was nee ssary, in order TO complete the labor
deyolyed upon them, according TO their con-
struction of the constitution, that one year should
be added TO their present term OF ofhce The
Senate complied with this suggestion, but the
House treated 1t with contempt; they amended
the Senate bill, by adding only Two months the
present term Of office OF the Commissioners. tvs
possible that, in taking this course, the House may
have merely wished to reserve to itself the prIvi-
lege of examining the code OF procedure IN crmk
nal Actions which was presented by these Com
missIoners to-day. But this contingency 10
hardly plausible. / am, at present. OF the opinion
that the extraordinary proceed ings of the House,
upon this subject, portend the repeal OF the codes
OF procedure before the public, end the suspen-
sien or dismissal Of the Commissioners on rssd'nss.
have been treated by the Board known as the Com
misso Of the Code" Is, In my Judgment an add
tsna proof Of the unpopuary OF tAs codes OF proos
Mr. Alvah wordsn, Of Ontario, who stand, .. the
b. ad of the Board of called the Com
missioners of the Code,"is much more conservative
and practical In his views than =" the Commissioners
on Practice nd Pssdinss the code to b. soon pre-.
press will be received with much more favor oy the
legal professon and the common porssn Of the
com munity, than has marked the reception OF the
"Code Of Procedure submitted BY the Com mss'oners
on Practice and Plesdings. Mr. Aivsn Wordeo
soupd lawyer and ssne. %sr m nsrs %s
straw human beipg pAtentes ana construeteo upon
novel pripoipie. and imbued With silly aud trashy
Id, "A non ali Subjects and particularly upon the i'm
portspt subject Of the administration Of Law. Thh
Individual was the candidate offered last year By
Mr. Thuriov Weed, for the oioe Of Clerk OF he AS
eemblv: but he was defeated BY ning
jority To himself frsm the sad conssque a
Hswsy's wrath, Weed actually begged the wings -
give him the ofhoe Of Commssio Of the Cote they
consented, but they have had reason to deptors Ii
snce. Mr. Havley Is In my judgment, utterly inson-
petent for the ofhoe.
The code to be presented by Mr.. Worden will eubody
an entire revision of the Hrst volume Of the Revived
Statutes Of this state IL will conflict With some o.
the most Important principles and Views put forsh ~
the Commissioners on Pieadings In their reports. ,
The proceed pgs of the Houss upou the Senate 0uis
CONTINUING the Com mssioners on flesdings IN ouee
another year were somewhat Interesting ana
brief skstoh Of them This bill was referred ~ ne
Houss to the Conmit&es the Juiicisry, and ne
orttv Of that oomnttss, with little delay prevented
re,ott In writing 70 tha House. In when they urssA
that the Sin wss mex psdisnt, becsuss nrs ooa-
tempistsd Q wastecal snd Unnecessary approPrN~