New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1874-08-05
TuE REVISED U. S. CODE.

.cYRTNNTY As To THE oPkhAi'O = -. ,~rr>rr |
NJ THE CoDIFIC ATIoN-TiE " .,.,nospror,vr
.oxs,nvprp-IHE REVISION NOT M ~ r,xr
OoN'iph"I ,,, CORRESPONDENT OF Thh IHiD0NA''
FEoN Al ',' oo July 2s.-There Is mich uh-
w Astst,np with reference 90 the opera'iou anu
-, Of the codGcatou adopted NJ 'no ' rn,,od
<~ross known as The Revised statutes oi 'ue
80 +. This uncertainty relates in part u 'no q"o'
,on what portions OF the old statutes nav ~ ~
t,ned rejected changed, ana IN part " "a. 80
,,a % the repealing clauses which consutute 'ne
>oeluding portion Of the revisiob' ana "oIe uo'
oessary I'm order to give IL proper eileo" i"0 to '
cestion can be answered only ny 'horousn o"ia"o"
ast Of the co ie and a comparison WITH the statutes
=, large "a they existed on the hrst oil Decemoer' 1910
~ TER must be- sooner later, the subject OF maj
s,,c,t,on bv competent tribunal In other words
,ec,sion by the Supreme Court will be Indispensable
mics, Congress shall by additional legislation ahuc
te the necessity OF such decision part OF thls I'M
-talnty may however be dspelled by considering In
general way the circumstances under which the revis
iou was begun and made; those under when IL was
pted and those which must affect the present consd
n zion Of auy question of construction.
rTuoRITY AND POWERS OF THE COMMISSIONERS.
81 the act of June 81 1866, the Commissioners were
IN, rized tSec. y "to revise, simplify arrange, ana
asondae all statutes of the United States genera anu
rmanent III their nature which shall be IN orce az the
mo such Commissioners may make the final report OF
their donss." In performing this duty IL was Ill
octed Sec y that "the Commissioners snail olins w.
either ali statutes aud parts OF statutes WHICH, ITO"
n,iartty of subject ought to be brought together,
lifting REDUNDANT obsolete enactments, ana making
ch alterations as may be necessary 10 reconcile the
ntradi sons, supply the omissions, and amend the I'm
rrecOns of the original text IL VIII be AT once per-
clved that the Commissioners were thus invested with
very large and important discretionary power SUBJECT
cver in the thereof TO the final approval OF
,crss as indicated by the section (Scc. 81 which
Divides for the Submission of the result of their abors
that body in order the statutes so revised and
,nsoliaed NAV reGnacted, il Congress snail 50 de-
rmne."
Under the act Of March g. 1873 ~ stat 500, Joint
ommee OF the two Houses was authorized to take up
no unfinished work of the Commissioners whose pow
: were 10 cease May 1873, and proceed TO complete
te same as directed by said act. This direction in
uded the preparation by suitable person or per-
SONS under the supervision of tine CouHnittee OF the
reysers work in the form OF bill to be presented at
the opening the then next session. emOodying all the
laws as revised by the Commissioners together with adj
iiona bills for revision of the laws authorizing
ost-roads laws relating to military odenses aud the
indian treaties IN force at the date of the act
on the 10th OF December 1873 Mr Butler OF Massachu
sets Chairman of the Special Committee appointed
under the last mentioned act reported the bills prepared
N pursuance thereof. with the first OF which only We
now have do In the Of certain explanatory
remarks Mr.. Butler made the following statements as
reported in The Congressional Record:
taking the revision partly accomplished by the Com
nssi0uers the Committee OF the two Houses have. dur
the recess that revision to thorough re-
has his time aud ability to it with tue most in-
dciaugabe industry aud greatest success so mat now
have all the laws of tue United States 10 a
shape IN which every member can examine lthelnJ H.
TO allow so far they could ascertain any change Of
the law. This embOdies the law as 1t Is. We
have not attempted TO change the law IN single word
letter as 10 make ciherent reedng or Inherent
All that has been done is TO strike out the ODs0
lre parts and TO condcnse consolidate, and bring to-
Scth.r statutes 'n PGr' maa" ~ tna you nive neie
except IN 80 far as It Is human To err The laws OF me
necessary If the bill passes Congress- that II SHAH pass
without any one Undertaking 10 amend the law as 1t
amend the revision by altering the law from what It Is
Ml Lad INTO an interPnSoie sea IN vince we sna
But II there be any omission Of any Provision Of law me
10 that the Committee desire 10 cali tAe attention oI 'Ae
House"
MI. Poland OF the Committee and Chairman OF
the sanCnG Committee OF tie House on the Revision OF
the Laws. also sand
Tile Committee have endeayOrei 10 have this re-
vision a perfect reflex OF the existing National stat
IN that view that If any gentleman shall upon eX-
animation discover that there any change 10 the exist
bing any national statute that is Omitted IN TINS bill
he may call the attention OF the Committee Ia - That
they may themselves perfect u ana poi take up Tune III
carrying IL through the House.
The bills were thereupon referred to the Standing
Committee Of the House the Revision OF the Laws,
who, the 4th OF January s4 reported the bill revis
ing and consolidating tAe general statutes public
laws OF the United states force on the LIST day Of
December, 1873
THEORY OF TIE ORIGINAL BILL.
Mr.. LAND. the CharDan OF the Committee, then
affirmed IN substance the theory of the bill stated
Us original introduction but, abiding The changes
winch the act OF 1896 authorized the Commissioners TO
make, informed the House that the Committee, when
they employs Mr. Durant 60 this work, directed
hIm in every where he found that new legislation
had been inserted by the Commissioners strike out
such notifications OF the existing law This OF
did not refer to changes OF phraseoloGy affect
ing the meaning OF the law but he directed where
the meaning OF the law had been changed rike
out such changes. Mr.. Ddrdnt has IN the main done
this"
Mr.. Poland added that from the patient, careful and
faithful examination OF the work by the Committee
since it laid before them at the commencement of
the session they would De liable to the House
that with such changes ana amendments find
Necessary make will be transcript,
act reflex OF the existing statute law of the United
States that there snail be nothing omitted and nothing
changed" He admitted. however, that tue Committee
had not finished their abOrs and that
chapters which they had not yet examined. IL APP
peared. moreover from the remarks OF Mr.. Hoar. "a
OF the Committee, that there points OF d
ference between the original revsers and Mr. Duraut
20 what the law instances often very
great importauce-whch had been passed upon 10y the
whole Committee after thorough examination.
The Committee then proposed tbs, two evenings IN
every week should IL st apart for action on the bill, IN
order that every member gat have an Opportunity 70
make thorough examaatlon OE the suljeot aud ofrr
such suggestions he might deem 10 perfect
the work accordance with the views beioTe stated
This proposition agreed 20.
From tho foregoing sketch OF the proceedings pre-
hminary ~ the formal consideration of the bin by
House 1t Is apparent
frsi; Ihat ne Commissioners bad probably TO some
exceeded Tue limits which upo1 the theory of The
Committee, they should have Observed
Second. That the gentleman cmployed NV the Com.
.Vl. ~ thec