Arizona miner., 1867-03-23
THE HOWELL CODE.

1t is notorious here, as we believe it is in
other places, that those who talk the most
about public affairs and are loudest in their
criticisms, usually know the least about them.
IL is really amusing to watch the stupid mis-
takes, the ludicrous plumbers into which some
the Howell Code have fallen.
1t has. recently been suggested by some of
the wise-acres who know as much about the
Code, its origin, its merits, and the amend
ments made to it, as dog does about his
grandfather, that the general Government re-
fused to pay the printing of the Code because
the Solicitor of the Treasury Department, af-
ter examination, pronounced it valueless.
Also that the Code is made Of clippings from
the California and other Codes, and that the
proof was never read. And further, it is pro-
nounced very strange that Congress allowed
New Mexico remuneration for her Code com
missioner, and win not allow Arizona.
Now to all this nonsense we have to say !:
first, that the Solicitor of the Treasury has
never been asked TO pass Judgment upon the
Howell Code, and that the present edition
was issued only as temporary prelimina-
ry one, (see notes on preparation of the Code
at the beginning of the W lume, and that no
one expected or asked the general Govern
ment to pay for it, Whenever our Legisla-
lures are through with the work of amend
ment, or have substituted Code to their
liking, and consider it permanent work, the
general Government will pay for an edition
in good style, as is the custom.
So far from being clipped from the Califor-
MIA Code, the great objection made to the
Howell Code is that it is not enough like the
California practice; and the only mistake of
Judge Howell was in making it conform too
closely 10 TIE codes of New York and Michi-
gan for use upon this coast, where the man
ner ofbusincss, and legal usages are so entire
~ different.
: As it came from the Judges careful and
experienced hands it was open to no serious
criticism but this fault into which he ma
turally fell from want OF familiarity with
California. Nine tenths Of the amendments
made by the second and third Legislatures
were to make the Code more like that of Cal
ifornia, our lawyers nearly all being from
that State, and the practice being thought
the best suited to the circumstances and
wants of our people.
We may say, however, that not one half of
these amendments are of any consequence,
but were the offspring of certain ambitious
members who, wishing to be active, and fall
ing in with the cry against the Code, knew
of no better way than by shot at it.
As for the reading of the proof of the Code,
which it is charged was never done, we can
only say, that Judge Howell himself read it,
and that it is as free from typographical err
rors as most works Of such magnitude.
1t is true that the general Government has
not paid the Judge for the preparation of the
Code, and that thus far it is Territorial
charge, but the allowance TO New Mexico was
not made until some time after the work was
done; and as vigorous application has been
made for the same allowance here, it is rea-
sonable to suppose that it will yet be granted.
:. As for the wholesale and senseless denun-
citation with which men not yerscd in law, or
stocked with good sense, are in the habit of
attacking the work of Judge Howell, law
yer of large practice for thirty years, and the
most popular if not the ablest Judge we have
.hsd:in Arizona, it is not only in wretched
taste but grossly unjust, and we should hope
for no more oft, but for the recollection OF
the old adage,
"Where ignorance is bliss It's folly to be wise"