Red Wing sentinel. [volume] (Red Wing, M.T. [i.e. Minn.]) 1855-1861, 1860-02-29
THE CODE.

80" 81 ~ssS ~ssSe W correspondence Ous
there is in every community another and .
very different class; set Of dirty dogs.
whose entire hy1ranlic powers, consist in
squirting dirty water through dirty squirt
gun, and who invariably disguise their per.
sonal insigniAcanee by writing over an
anonymous signature. Tho one alluded to
above signed his communication "Juris Con.
sultis:" Julius Caesar what 4 name. This
signature mcdestly indicates that the writer
is consulted on matters Of law" learned
in the law" The pompous vanity of this
laundering and brainless ass wo'd become
ridiculous in the extreme, If al could only
know, how weak and how despised petit
logger it was that penned that epistle. His
daguerreotype was taken by friend, short
ly after the appearance Of that communities
ton, as follows :"a sort Ishmaelite, socially,
" morally and politically his hand agains,
!" every man, and who hates everybody. be
" cause he IS despised by everybody. A
petti6gger. IS destitnte Of law knowledge,
/" Of application and legal business, as Of de.
I" cency." 3a; oil atu aou .tng .a.a
Having thus paid our personal attention
to Juris Consultis," we shall say few
words in regard to the code in spirit d
careful and legitimate inquiry. Upon this
question we do not pretend to speak from
personal experience, and must admit that I,
prejudice in favor of the common law prac-
tice-exists in our mind. In opposing the
present system Is defective aud imperfect
We give voice to the universally expressed
complaints Of = large majority Of those who
practice under it. We know this, that our
practice is not settled and no two lawyers
can agree in regard 70 il. It is similar. but
essentially, unlike the New York Practice.
Careful and judicious statutory amendments,
made from year, to year, since the adoption
Of that code have modified it and corrected
it, absurdities. Not so in Minnesota. All
interested in any proposed or desired change,
dare not trust its simplest modification to q
stupid legislature, and the evils that existed
were borne rather than incur the danger Of
still greater blunders in an attempt to re-
form. This Is an objection is good against
the proposed code.
81 We do not object to the abolition Of kinds
Of actions which is secured under the pres
emit code. Indeed We t,eiieve this to e
the lest system that could BE- dew cd but
the practice ebtaining in regard to answers
and replies, Is grossly detective. It IS the
|systen a. 4 whole, in IL l4borious detail o.
pleading and in the manner Of presenting
tho Apts o! case, and the testimony, to ths
curt ana jury, IN which It's greatcst objec.
tons consist. It docs or tends to do inius.
tice; but il the code was what its friends pro
Tess this would not be-. Mere dilatory mo.
tons unknown under the old system delay
and prevent speedy justice. Is. The prcscn,
system fails to answer tie claim ofits friends
|or its original intention, and the fee bill
enables qnirking practitioners, to criticize
pleadings for the sole purpose Of making
costs. Curjudgss, il is true, generally disre-
gard these dilatory and fee grabbing mo.
lions. Still it cannot b denied the prac.
tice tolerates and encourages It. The sys.
tenn is technical, delaying and oppressive.
Il is very we'll for gentlemen to stand by
this universally made code, who anevei
have had case where there has been
an appearance on the other side, and
must have abandoned it At once If there
was. ~ ~ y: ti''
The complaints against the code do no,
by any means alone-or simply flow out o.
its technicalities and uncertainties !; no,
indeed its labor, Git lawyers are willing t.
do the work for nothing-that is theil
businsss.) No one but the lawyer suffers
and there is little sympathy for them as !
class. The great objection is the necessary
expensiyeness Of the system. Legal charge,
in Minnesota are, and necessarily must b
twice as much q elsewhere. Tha
u all very well if you can get anybod,
to Iitigate; but rights Is the practice IN,
Expenses now are, are lost, rather than in
vito The Courts 10 protect thsm. We q,
cheaper justice and the people demand It
Ifthis code now existing is such glotiou
thing and extsuds such unlimited blessings
Why, IN Gods name ars its benefits confine'
To hut three o., four States Of the Un;on.-
Why has New York, that led OF with thi
wonderful system been Looping its unseeml!
branches until it IS i unlike this thing
We in Minnesota call : code. . light is +
darkness. 5f,fae, 5@-.,atga,f a,f. - - :
II We had kept up with New York j,
legislative changes and notifications Ii,
present opposition to tho code, would no
exist. silfsae III -ss9itEaft5t,fW III aE7n
!. What our people want, and must have, 4 !,