New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1849-04-12
The Codif,ing CommIssIon.


The Senate we re joice 20 state has reconsidered
its original resolve 10 abolish the Practice Com
mission, aud has revived it for the year ensuing.
David Graham, David Dudley Field aud Arphsxad
Loomis after being ten days out of Office. are all
restored. aud are 10 prosecute their labors for
another year at least. This is in accordance with
public sentiIncn Mt and public interest. The explr
ing Senate, though not particularly lovely in its
life, has done one good deed in it's dying hour
which will shed fragrance on its memory.
The Commission to Codiiy the Laws has also
been continued for two years longer, and improved
by the substitution OF JoHS c. SPENCER for An
thony l.. Robertso". Mr.. Spencer combines signal
ability and ripe experience with an iron energy
aud an invincible industry. Mr.. Robertson has
thus far evinced lively appreciation Of the salary
attached TO the COmmis sionership but profound
dstaste for everything else connected with it, and
the State has not yet the value of tin sixpence
to show Cor the $4,000 that he has drawn
from her Treasury as compensation Tor his CodIiy
ing labors That public functionsry whose
vices ara 30 efficient, and whose sense OF honor
10 SO delicate, should be selected by the Old Hunk
ers from among fifteen hundred lawyers Tor
Justice of our Superior Court. with salary OF
o., 500 year, seems as natural as lie. We are
none the less satisfied however, that the Legisla
ture should Judge and reward by somewhat diff
ferent standard. With Mr.. Spencer in the place
of Robertson, we trust the great work Of Codiiy-
Ing the Laws will move steadily aud vigorously
ahead.
The Practice Reform, we now feel is secure.
The new term of Office accorded to the Commits
soners will enable them 10 revise their past lsbors
in tho light OF experience, sspply emissions
correct errors and render their work entirely
symmetrical. Ii any holes have been picked IN
the system by legal or judicial subtlety, they may
be stopped, and the fabric rendered impervious.
A rcrverse ingenuity may exhaust itself in efforts
to obstruct or confuse but the Reform OF Legal
Practice is now decreed irrevocaby. And why
should it not be
The New-York Reform is now attracting ihe
attention of earnest, intelligent minds IN other
States The Clercland 7'rNe Democrat, editedhy
sound lawyer, thus elucidates the subject
LAW PROCEEDINGS
The day 10 approschiog We trust, when the veibisge
Of the Law and lie sharp techuicaes will be abolished
We never could why legal proceedings were not
marked BY the greatest simplicity and II has always
been marvel to Ne Why 'Pecis pleading mas been 'o'
Grated where jury trial 10 In vogue Ines" proceed
inss aud this pleading are, A. SCENE 70 u.s. net ohy
Unnecessary and wrong. but are founded ON issehood
and encourage 1t. We know 'h's decisisuoa may
sbock many of our lawyer friends But II right they
viii mol object II wrong they eau easily correct US
Let us then. give an instance or two to Illustrate our
meaning .
isss 10 AZ a certain period. lie fsils, when IL due
40 meet n; sut 10 brought h. tho holder, alleges the
fscts comes In aud denies them ssys that ne did
uos make the note. nor promise 10 pay 10 alleged
Take suit brought to recover land
Here John Doe and Richard Roe are brought To-
~ ssllsd beautiful fiction; most charming specimen
cS>Spoeiai pleading. But what man OF common sense
.cSS4>nos be bewideredf Who. unskied In techni
csiitv en- embrace the gst aud merit OF the case =
ne poins T. whether or d is entitled to TIE lsno
i,sse vould award Il TO the reel owner but The ski
a counsel u directed, on one side certainly through
- pleadirSs 10 pressns any soch result
ucv In both these eAscs what 10 there TO prevent me
ysrsass telling the truth literally and s,es'os ,ow m
3svidSai aad the pabhe seess Of light would DO
s6rensth~ned.
Cocsidsr the two cases
~ ~ note Why not In the fsws.s wcrds say
hoe "a for what was svsn and state the refusal 70
nav, Whv not let c snswcr-"l made the aoe'. bet
could not have ~; = ss wso sSsSS ss n
iarsd How mssy wosld be benefited BY this sasesy
Then q. 10 the isad. way should nos make cal sn
claim Of uss bis and - ,As issue way no s a
Ths Court and Jury cer,sisy wsas 10 do jessee ana
shs plsiner they make aAat the better woan sy 70
sabsssnce hold shis land TO - nine oessese ns.s
s,.h ,i,l,s would reply 81 claim " eecssse nay
ssns rssss an such and such proof naming IT, Here
Ill would be direct Judges, jaries lawyers ses .ns
public would understand jasuee better Ana 1880
more and Justice and law under tais eesnmos ssns
prscsiee would DO synony terms which nov sesy
are not .,swsr
every ease and that short and Staple ,rm
vnpd sfsse the saksd rsfkSnd put the matter mssos
sLsrv md In the briefost way. before the mind pa'
A. 20 thss the commonest intellect could
~ .rs ,,sd 10 md the State Of New-fork giving
sA,o.sh commission close attention 10 this subject
We hope much from its sesicr- We have before ~
sh nj an proposed Ia criminal procedure and
, nsrts of II for this important AZ the cish
"a. Bns a. illustration OF the change OF the versssse
n ipdctments We would stse that the present iorm
would make nearly eolama N cur Pe,a,.. -, ,s.,
- .hous 10 sysss l,sss Yea the latter contains All 'n
80 b. ssid And what more does any sane man want
OF The Pennsylvania Legislature finally sd'
,ourned on ruesdsy. Tue moot Important thing done
b. n vss 10 ushs provisioa for the payment Oh ''s