The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1869-12-06

tenn that controls all business transac-
tions, governs all Courts, guides ali
public officers, regulates popular educa.
tion, provides for the protection and
peace of society, and gives life to civil
Government in our midst. 1t has been
in full operation since April 1st, 1869,
and yet to this day there is not COM
plete volume of that Code in existence
in this State.
A sum of money sufficient to complete
and publish the laws Of three such
States rs ours has already been expend-
ed in the vain attempt to give the peo.
pie of West Virginia a copy OF the laws
under which we live. The lowest esti-
mate we have heard put upon the cost
of this Code is $4,000. 1t has been
printed and reprinted, we understand,
no less than three different times, and
even now whatever is known its con-
tents has been gathered from fragments
that have gotten loose from the clutches
that confne the remainder, and obtrud-
ed themselves into open daylight. A
legal gentleman of high standing in this
State informed Us but few days ago
that from what he had been able to
gather of the incompleteness and incou.
sistency of this wonderful work, he did
not think it could be put forth in u more
than half-finished condition that addi-
tional legislation would be necessary to
supply its deficiencies and correct its
irregularities, and that, taking past ex-
peuditures as criterion, at least S60, goo
more would be necessary to mako it
even tolerably complete and perfect
work. If the people were able to stand
it, they might not object to seeing the
'loyar codiiers and the printers making
fine fortunes out of this fat job as it is,
they no. only object on the score of
economy, but they protest against the
worthless style in which this Code has
been put together, and especially
against the injustice of requiring them
to obey it, without letting them know
what it is.
As stated, tho Code went into effect
April LIST, 1869. Since that time our
Courts have been rendering decisions
pndar what from, tha hast In form tion
they could get, they believed to be the
law. In many instances, in the very
nature of the case, their information
could not be accurate; in many it was
little better than general hearsay, or
the transmitted traditions of the legis-
lative fathers. For example, it is very
very generally understood among the
people and the Courts that there is in
force n this State n "loyar Test Oath
for Suitors. And yet the provision in
the Code supposed to reqaire the Suitor
to take that Oath refers for the Oath to
chapter and section which contains
no Test Oath at all. In other words,
the codifer has bluudered in aunexing
his reference notes, and in so doing has
codified the Suitor's Oath out of exist
ence. Two of the State Courts have
refused TO enforce it on this ground,
while in others, as we learn, the prac-
tce is different. Never having had an
exalted opinion of the constitution
ality of this Suitor's Oath, we care
little for its fate, but this may
be merely representative blunder,
behind which other blunders are mar
shalled by legions. Errors of this sort
involve necessarily errors in judicial
decisions, and these in turn involve lit
igants in incalculable trouble and ex-
pense.
The theme is fruitful one, and We
shall probably refer to it again. In the
meantime we desire our readers to re.
ilect upon the cost aud condition of the
Code as furnishing one. of the many
claims which "loyap legislation has
upon popular gratitude.
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