Red Wing sentinel. [volume] (Red Wing, M.T. [i.e. Minn.]) 1855-1861, 1860-02-29
THE CODE.
RED WING, MIMI. FER. 20, 1850.

there is in every community another and .
very different class; set Of dirty dogs,
whose entire hy'ran9ic powers, consist in
squirting dirty water through dirty squirt
gun, and who invariably disguise their per.
sonal insignificance by writing over an
anonymous signature. The one alluded to
above signed his communication "Juris Con-
sultis;" Julius Caesar what 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 il the extreme, il all could only
know, how weak and how despised a petit.
logger it was that penned that epistle. His
daguerreotype was taken by friend, short
ly after the appearance Of that oommunica-
ton, as follows :"a sort Ishmaelite, socially,
" morally and politically his hand against
every man, and who hates everybody. be.
cause he IS despised by everybody. A
pctti6gger, as destitute Of law knowledge,
Of application and legal business, as Of de.
"cency." ...... .... -.....
Having thus paid our personal attention
to "Juris Consultis," We shall say few
words in regard to the code in spirit Of
careful and legitimate inquiry. Upon this
question we do not pretend to speak from
personal experience, and must admit that .
prejudice in favor of the common law prac-
tice-e1ists 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 to it. 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
its absurdities. Not SO in Minnesota. All
interested in any proposed or desired change,
dare not trust its simplest modification to a
stupid legislature, and the evils that existed
were borne rather than incur the danger Of
still greater blunders in IN attempt to re-
form. This as an objection is good against
the proposed code.
We do not object to the abolition Of kinds
Of actions which is secured under the pres
ent code. Indeed We ielieve this to e
the best system that could be dew cd but
the practice obtaining in regard to answers
and replies, IS grossly defective. It is the
system As whole, in It's laborious detail Of
pleading and in the name, of presenting
tho facts Of . case, and the testimony. to the
couFt ana jury IN which It's greatest otjec.
tons consist. 1t docs or tends to do injus
tice; but ifthc code was what its friends pro-
Tess this would not be. Mere dilatory mo.
lions unknown under the old system delay
and prevent speedy justice. The present
system fails to answer tie claim Gifts friends,
or its original intention, and the fee bill
enables qnirking practitioners, to criticize
pleadings for the sole purpose Of making
costs. Curjudgss, it is true, generally disre.
gard these dilatory and fee grabbing mo-
lions. Still it cannot be 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 never
have had = case where there has been
an appearance on the other side, and
must have abandoned it at once if there
was. '
The complaints against the code do not
by any means alone-or simply flow out Of
its technicalities and uncertainties nor
indeed its labor, (i lawyers are willing to
do the work for nothing-that is their
businsss.) No one but the lawyer suffers,
and there is little sympathy for them as a
class. The great objection is the necessary
expensveness Of the system. Legal charges
in Minnesota are, and necessarily must be
twice Is much Is elsewhere. That
IL all very we'll il you can get anybody
to Iitigate; but rights IS tho practice and
expenses now are, are lost, rather than in
vita tho Courts to protect them. We say
cheaper justice and the people demand it.
1fthis code now existing is such a glorious
thing and extends such unlimited blessings.
why, in Gods name are its benefits confined
tn hut three o., four States of the Union
Why has New York, that led off with this
wonderful system been Looping its unseemly
branches until it as is unlike this thing,
We in Minnesota call code, IS light is to
darkness. ,.., .......y5... ...,-.. 49,.
II we had kept up with New York in
Legislative changes and notifications the
present opposition to the code, would not
exist. r -sElssNl'@i ny H. -3.1
What our people want, and must have Is