Los Angeles daily herald., 1874-01-30
Judge LindIey's Commentaries.


sideration that is due, has heretofore
prevented us making review of Judge
Lindley's Commentaries on the Codes.
We feel an especial pride in this
work. Our State has taken the lead
i'm Codification, and on the perfection
of the work wiz depend in a great
measure, the rapidity with which the
reform will progress in other States.
The commentator is resident of our
city, and gentleman in whose legal
reputation we feel an. honest pride,
and lastly the pamphlet in question
was mainly printed at this office.
The work is novelty in its way. 1t
is brief but thorough, historical, philo-
sophical and practical. If any one
wishes to know why the Courts are
overburdened with business and the
people harried with litigation, they can
ascertain from this work. The author
shows that it results in a great meas
ure from ignorance and carelessness
in framing the laws. Every man in
the community should read and re-
read it, and realizing the important
fact that but few men are qualified to
prepare the Storm of law" learn to
exercise more Judgment in selecting
the legislators, on whose Judgment
the framework of our statutes de-
ponds.
The author is completely devoted to
his work, and strives to place it upon
q higher professional plane. He has
evidently written against current OF
prejudice, against the adverse judg-
ment of his eo-Commlssioners, the
Revisory Board, the Legislature, the
Executive, and thoughtless public
opinion.
There is a spirit and eanestness
about the work, n conscientiousness
that is refreshing. In his letter Of
resignation as Code Commissioner,
quoted in the introduction, our author
says:
"If conditions arise under which II
careful, patient, professional examina-
ton can be given to this great work,
the four Codes, and if my experience
can, at any future time, be made use
full in bringing it to a higher de-
gree of perfection, | shall most
cheerfully contribute them without
official recognition or reward. l do
not deny my responsibility for bring
ing forward and urging the adoption
of the Code system, nor ignore my
moral obligation to utilize for the
State the experience and special
knowledge of the subject resulting
from nineteen months of diligent
labor.u
And speaks of this offer in the fol-
lowing terms:
''The conditions have arisen under
which we cam make careful exam
nation and we intend to carry out
the offer in letter and in spirit"
Again in the appendix, in the letter
to H. H. Haight and forty-fve law
yers and judges who recommendedhi his
appointment as Code Commissioner,
he says,
~ believe my experience rs Com
missioner has taught me some truths,
of which | desire to make record for
the use of the State that gave me the
experience, and perhaps for that of
other States which may follow in codi-
fication. 1t is from these experiences
that speak with reference to the flu
ture.n
The work having been in great part
issued from this office, we happen to
know that it was prepared under many
difficulties, and the author in this let
ter says:
accompanying copy of this conf
munication to each of you, are the
proof sheets of the first part of vol
ume-a pamphlet to which L invite
your critical attention. You will pass
its imperfections, of style and detail,
and extend to it your indulgence in
these particulars; for it has been pre-
pared under embarrassments, in de-
places, and without that mental free
dom and continuity necessary for so
difficult work. Besides it covers a
field in which none can be mfdIIibIe.
Upon the rules themselves and upon
the general theory and scope of the
work, your fullest and most impartial
criticisms are invited"
His fourth rule for codifcation is
somewhat overburdened with illustra-
tons but the work as whole is terse,
clear and vigorous in style. His idea
of the qualifications of Code Com
missioner are to the point, and worthy
a careful perusal.
"When codification is necessary, the
highest capacity of a State should be
invoked. To obtain harmonious
minds, prudent, yet progressive, with
y high degree of scholastic and legal
attachments, solidity of Judgment,
habits of industry and fidelity of pur-
pose is not the least of the difficulties
found in approaching the subject.
The largest experience, the ripest
Judgment, the finest capacity should
he brought to the work-men who can
clearly comprehend the evils to be
remedied, and yet the danger of mix
ing and remodeling systems, except
with extreme care-minds of quick
thought, comprehensive scope, clear
analysis, and an untiring patience and
continuity, that can examine and re-
examine particular section and its
relation Nth every other section, proai-
mately or remotely bearing upon the
came sutject-its relation with Il sys-
tent-minds that can carry a system,
rs well as single idea--that can bind
themselves to the work as ~ whOte--
looking entirely through from the
beginning of the first book to the end