, 1872-04-04

uuCu tAc AiSt Wcoh Ot ttTH; JuIOIS III
1.-THE mean time in waiting at the e pense
of Uncle Sam and the tax payers; Judge,
sditors and witnesses unhappy, wonder
ing at the endless wrangle about moth
ing. and curious to observe how the
gentlemen of the Bar were waxing fat
md contented over the muddle.
Now what have the Amendments ac-
complished? This: Issues are to be
made up in vacation. The defendant is
served with summons and copy of the
complaint, and required to. answer in
twenty days. lie must choose his at
torney, if he has defence, and must
put it in. or his default will be entered
and judgment will go against him. More
than this, execution will forthwith issue.
Under the old system the defendant up
on promissory note, confessedly due
and payable, could defy his creditor for
a year. Under the new, he must come
to time in twenty days.
Every business man in the country is
interested in maintaining the law as it
is. Mr.. Garfielde should take heed of
this. The judges and every lawyer
ought to stand by it--for it is great
mistake to believe that delay is in the
real interest of either.
The Code, at the best is costly ex-
pertinent. 1t will take half century
more of adjudication before it can be-
come a system. Every State and Terri
tory has tried its hand at reformation
and additions. Much of it is nonsense,
and all of it is in the interest of delay,
costs aud fees.
Take the following section, which is
one of those repealed by the Code
Amendments, and which would be re-
vivified if Mr. Garielde's bill passes:
Sec. COL. No bond requiled under
the provisions of this act, and intended
as such bond shall be void for want of
form or substance, or recital or condi-
ton; nor shall the principal or surety
on such account be discharged, but all
the parties thereto shall be held and
bound to the full extent contemplated
by the law requiring the same, to the
amount specified i'll such bond. In all
actions on such defective bond. the
plaintiff may state its legal effect, in the
same manner as though it were perfect
bond.
Thus leaf from Tristram Shandy, if
filed in the case, signed by the principal
and sureties, may be adjudicated good
bond, Notwithstanding it has neither
the =" form, substance, recital or condi-
tion" Of a bond,
No attempt is made by the Amend
ments to do more than remedy the most
glaring defects of the Code, with view
to curtail the expenses of Courts, and
facilitate the trial of causes.
The only complete remedy is an abso-
Lutte repeal, which will no doubt be had
at no distant day. for it is now apparent
that the attempt to establish new sys-
tenn is an expensive failure.
Mr.. Justice Greer, in McFaul VS..
Ramsay. U. S. Supreme Court, in speaa-
ing of similar Code to that of Wash
ington Territory, uses the following
language:
"The results of these experiments,
has been to destroy the certainty and
simplify of all pleadings, and introduce
on the record an endless wrangle in
writing, perplexing to the Court, delay
ing and impeding the administration of
Justice. In the case of Random VS.. To-
by, we had occasion to notice the opera
ton and result of Code similar to that
of Iowa. In simple action on prom
issory note, the pleadings Of which ac-
cording to common law forms, would
not have occupied a page. requiring two
years ct wrangle, with exceptions and
special demurrers, before an issue could
be formed between the parties. In Or
der to arrive at the justice of the case,
this Court was compelled to disregard
the chaos of pleadings, aud eliminate
the merits of the case, from confused
mass Of fifty special demurrers or excep-
tions, and decide the cause without re-
gard to these contrivances to delay and
impede decision of the real controver-
sy between the pafties. In the case of
Bennett VS.. Butterworth, originating un-
der the same code, the
| verdict was for $1,000. and the jndg-
ment for four negroes. In both of these
cases this Court has endeavored to i'm
press upon the minds OF the Judges of
the District and Circuit Courts the i'm
propr;ety of permitting these expert
mental codes of pleading and practice to
| be inflicted on them. III the last-men-
| toned case, the Chief Justice in deliver
| ing the opinion of the Court, says: The
! Constitution of the United States has
recoenizets. the distinction between law
and equity and it n:.,st be observed in
the Federal Courts We have made
these introductory remarks. in order
that the bar and Courts of the United
States may make their records conform
to these views
In the March number of the Galaxy,
is an able article upon this subject from
the pen of Attorney General Black. In
speaking of the New York Code, he
says
"What might have been the success
of this empirical raid on the Common
Law if the whole Code had been adopt
| ed. it is impossible to say; but the ex-
pertinent actually made is not merely a
| failure 1t is disastrous visitation upon
| the people of the State. Instead of the