, 1866-11-15

AiA ~ NINVAhHA AN AAAAN"AS&
We arc happy 10 see that the Law Insti.
tutc Of this city has turned its attention to
law reform, and has already taken steps to
bring the subject before the Legislature. The
system Of law aud practice in the State, has
by no means kept pace with the rapid
growth Of our population and the develop
ncnt OF our resources. Although dat
ing back but few years, It
is in fact my or d hundred
years bchind the age, and however
well 1t may have been adapted to the wants
of the people when il was put into opera
tion, it now appears crude. clumsy ul-di-
gestcd, md In many respects absurd. It's
defects and evils are many, md cry aloud for
speedy remedy. Yet 1t should not be changed
without that careful consideration and ma
turc study, in the absence Of which lis great
evils would be certain only to give place to
others. While no. subject Of Legislation Is
more intimately connected with the
interests of the people in every walk Of
life, there is none which so few arc
competent to enter upon with clear under
standing Of evils, and Of The proper remedies
to be applied. Whatever is done, therefore,
should be done cautiously, md the task
! should be entrusted only to experienced
| hands. There should be no axes TO grind, no
party ends TO serve In this noble and much
needed work OF reform.
| One or The most striking wants Is a thorough
revision Of the statutes. No,hing Is more
bcwlldcring than mass Of undi.
gcstcd legislation, through which
the unhappy litigant or his attorney
must wade, 10 discover what has or what has
not been fixed by the Legislature, with large
| chances of being confused and mistaken after
all, in his investigation. But revision Of
the laws Is task which can only be per-
formed properly by men Of great experience
and learning, and poor revision only makes
confusion worse confounded. The Revised
Statutes of Louisiana, adopted in 1856, has
been pronounced by leading jurists to be one
Of the best, IL not the best, eve,
produced. It is a book o.
less than COO pages; set i,
contains Ill the laws Of Louisiana existing al
the time Of It's adoption, with all the alte.a
tious required by the decisions Of the su
prcmc Court. The subjects arc arranged il
alphabetical order, with tho date, &C., 0
the act iu the margin, aud a man Of ordinar,
Intelligence can turn to any subject on whicl
there Is an existing law. as easily as to
word in the Dictionary, and comprehend 1t
i import. Briehtly's Digest of the Laws 0
the United States Is Il model, and in excel
: 1ence and perfection has never been surpass
!. ed. Minnesota last year adopted Revise,
: Statutes, which Is a great improve
u mcnt oil the old ono, but Is "
# very voluminous, imperfect, clumsy au
I will not long answer the requirements {
: that rn!idly growing State. The work
c revising the laws of Illinois should be cor
fded TO mcu who will take lessons from, bot
t the excelleEcies and the defects of simit:
u works In other States.
d A revision Of the statutes. however. wi
,. rot by any means correct the Inherent eyl
II Of law and practice fnsepasablc from an o.
ID solctc system and from want Of all svstcu
Il of which there Is an absurd mixture In til
v State. The distinction between suits
;. Law and suits in equity should
ut forthwith abolished. II is S,
n hclcntly absurd to hare separate courts 1
nc law and equity, but where the same tlibuu
Ill is vested with law and equity Jurisdiction,
I'd In this State. and the proceedings arc st
n, separated, there is a doub1c absurdity. T
I'd ain In all cases is 10 ascertain and cufor
i'd justice and law aud equity should be q
be minIstered under the same form of pro<
,al dure, The abolition Of this distinction h
st worked well in other States, mud comm
n. reason demands the reform. Not less per
I'd cious and absurd is the dlstiucti
,p. In the titles Of suits, such as Covenant, q
ut Debt, and Trespass,s and Trcspass on
er- Case, A man who has cause Of acti
his should be required to state II clearly !
III fully 10 the court, but there Is neither Set
CT nor Justice In requiring him TO give it a te'
nd nical name. The English Reports abound