The Orangeburg news. [volume] (Orangeburg, S.C.) 1867-1875, 1873-06-21
How Law Reports Are made.

recent communication, call attention to
the evils of the present systom Of Law
reporting, which they show up ina great
variety OF ways, and by exhibition Of
some facts which show that the max ers
OF law books, like ether gentry, arc "a
commercial people" This matter is
chiefly interesting to the lawyers whose
puetcts are depleted for the purchase of
these books, and whose shelves are en-
cumbered with the ponderous tones.
But tho people are interested, also, in
'vhutcver adds to the cost Of legal services
as tiie,tim aud money consumed over
these, useless books certainly do. How
unnecessary aud how undiscrirninatne
these law reports arc, few statements
from the Committees communication
will show. Seven independent reporters
III this State now issue seven series of
regular reports, in all averaging some
eighteen volumes annuity, In the 565
years ending in 1872, the law reports
published in England am ,unted to ,036
volumes, while during the last 10 years
400 volumes were published in this State
alone. Besides, there are 100 volumes
Of the United States Reports and taken
all together, the published reports Of this
acounty number more han 1000 vol
umes, which shows how mnch more
young Rcpublic eau acc ompish in 70
years than an ''eflcte monarchy" can in
565. These reports arc encountered by
useless rcpctitious. Six volumes of
: Abbott's Practice Rel orts, carefully
examined, show one case reported seven
times, and one reported six times, eight
cases five times, thirty niue three times,
and seventy seven twice. One hnndr d
and lilty-onc Of these cases arc intrcduc
odin other Il, ports. None Of these re-
appear in the Common Pleas Reports.
and the Bar Association Committee
compliment Judge DAILY en- his discrmi-
nation. In eight examined volumes of
Barrour, one care is reported eight times,
ano one six Seven cases are reported
five times, aud hfty- eight arc reported
twice. Very often the opinions Of Spc
cial Term aud General Term are rcpor
ted together, and Supreme Court dcc-
sions are reported after they have been
affirmed or reversed by the Court of
Appeals. This Of course is absolutely
unnecessary, Ia mere waste of words and
needless disregard of what the Courts
arc doing. The books are filled witk
bad laws and no law, and hundreds OF
questions of no sort Of importance arc
raised, the appeal often being made sole
ier the purpose OF delay. There is also
N needless prolixity in the reports, aud
thevolu'nes are padded and distcuded
beyond all reasonable proportions Snmc
of the English reports contain more than
two hvndrcd cases The earlier volumes
of johnson contain one hundred and
fifty cases; while the average of our pres
cnt REPORTS is something like seventy
five or eighty, Another popularity of
Law Reporting is the archaic side OF it,
and the dclving after fossils, so consile-
rately indulgod in. Thus Barbour re
ports case in 1872, which was decided
in 1862. This case was reported by him
in 1868, though it had baen reversed at
that time Another case, decided in
1882. was reversed iu 1868 and rcpor-
ted in Barbour last year. In one of
heycr's reports, head note contains
proposition which the Court distinctly
said it did not determine. There are
also long delays in publication, and i'm
portaut cases are four Of five years in
getting into print. The Bar Committee
conclude their review of this subic
without making any recommendation,
and they appeal to the lawyers of the
State for suggestions before they submit
dciinits proposition. Enough is known
ofthis 1lar Reporting business now to
show that it is an evil from which the
Bar should be rescued aud one whose
amendment is of very great Importance
~ y. Com 1d.