The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-05-05
LAWYERS TAKEN ABACK.


REMEDIAL JUSTICE coDE-PAssAGE or REso-
LUrIoNs TO DEFER IT'S OPERATION FOR
YEAR.
In response q notice In the several daily papers
crowded meeting Of the members Of tho Bar took
place In the room Of the Supreme Court, General
Term at four o'clock yesterday afternoon tho object
bong to give expression TO the sentiments OF tho prac
Using lawyers OF this city the present condition OF
the now code. or part OF code. which went into opera
ton on the LIST inst, practically thrust upon
them unexpected and unwec offspring born out OF
due season. Noticeable among the immense crowd
which not only thronged the room but overlooked into
tho Railways and adjoining rooms wcro Messrs David
Dudley Field. George W. wingato, Robert Scwcll. Il
+. Russell, Alfred Roe, John L. Hill. Clarence Seward,
cx-Judge Barbour, ex.Judge Fithian, william henry
Arnoux. Roger A. Pryor, General Crook, Thomas G.
Shcarman, Mr. Shepherd, OF the 6rm OF Marsh Il
Wallis, and large number OF others. On motion Of
Mr.. John l.. Hill, Mr.. Clarence Seward elected
chairman and he named Mcssrs. Dudley Field and
William H. De Lanccy as secretaries
Mr.. Shepherd said that In explaining the object Of
the meeting OF so many eminent legal gentlemen II
was not for the purpose OF showing that they in
favor of tho absolute and unqualified repeal of the
time at which 1t would 90 into effect. and to got that
time extended one more year. say May, 1878, SO as
to give an opportunity to tho members Of tho Bar
throughout tho State crtcisc and undcrs what
was comprised IN the thirteen chapters OF tho
now code, also to consider and understand the
vast number OF amendments proposed thereto
which have passed the Legislature, and are at this
hour in tho form OF law. II could be readily under
stood that considerable difficulty would result IRON
this state Of things. Tho Bar Association had pro-
posed sixty amendments to these thirteen chap
tiers, which had been carefully considered and re-
gardcd as essential be adopted These amen dments
Ind been considered by the Judiciary Committee Of
the senate, and they have made such i'm
provemcnls as seemed to DO demanded Tho
these have been passed by the Senate and adopted
by tho House, lnat this showed that there s0mc
thing these thirteen chapters that required very
material and absolute amendment All the gentlemen
present were familiar with most OF these facts, and Il
was 10 consider the situation IN which THIS legislation
had unexpectedly placed the profession that this
Ing was called.
Mr.. Wngato moved the following resolution, and In
supporting referred 10 tho tact that the profession
was unacquaincd with Tins code. ana that oppor-
tuniiy should be gwen 10 study It's provisions before
being called upon to incorporate " with their prac
ticc:-
kes.yed That N view Of ;ns disastrous consequences
having been allowed 70 become Law without sufficient
difficulties connected with attempt o. suspend It's opcr
ss be q s Is
is wise to twh the addition Of the ndments
and law; that they be further requested
provide for il ahna effect IN May next 50 a. e tho
Bnr and the public to learn It's contents before becomes
Mr. John L. Hill moved the folio Ing resolution as
an amendment, which no said would meet The scntl-
mcnts OF many present
Resolved. That this meeting does by the foregoing
Of the code OF Remedial J ustice u whole.
Mr.. wingatc said that no would accept the latter
resolution addition to his own.
DAVID DUDLEY FIELDS OBJECTIONS.
Mr.. David Dudley Ficid IN response 10 loud calls
from the meeting, ana said tina; he ready
any time to say what bo thought with respect any
measure affecting tho public interests. ana especially
30 TO this code. Those In attendance knew how
the present situation had como about rue difficulty
now was how TO get out Of IT, Thoy knew that com.
was formed Tor the revision of the statutes In
1870, und 1876 tho first limo that line was
Ccivod from that COMMISSION ana IN that year the
commission reported To the Legislature. -Four days
ago the law founded this report operation
ms commission reported ID thirteen chapters. and tho
code called ''Remcdial Justice" II comprises
], 1896 sections. Not limo OF That report had Dccn
that Legislature to say that II examined,
for the Stnste Judiciary Committee OF tho present
Legislature has reported 275 amendments, ana there
are, as gentleman has reported NE, from 300 to 400
changes. II Is reasonable 10 suppose, therefore, u
was not examined As matter oil fac, II had not
beon examined. II this position those amend
mcnts werc and they we're excellent amendments
There was not ono that was not good amendment /;
but they ought not 70 go INTO eject uni tho PROBES
sion had had an opportunity Of examining II alto
gcthcr. Tho thirteen chapters ought not to rcm.in
as law, standing alone by themselves The first reason
WINS that Il part only OF system These thirteen
chapters wcrc faulty IN general disnctions In ar
rangemcnt, In expression anu IN substance As to tho
substance, they 20 far TO destroy the distinction bo
tween law ana equity You cannot unite in a CON-
plant "A Of action to he Tried by jury and
be tried by tho Court Mr.. Field then showed
the absurditcs he thought OF the provisions OF
tions 2I2 1874 and 4SS Tho next proposition that
what ought TO bn atnenucd ought 10 be moor
poratcd II, put that there was time
do " as 10 relieve the profession.
H. likely that the Legislature would adjourn 10
Juno. then the commission IS allowed sixty days to
correct mistakes ana put Thorn into tho form Of
code. There not time for the commission to do
this IL would not give tbs profession nm opportunity
10 read Il 10 know any thing about IT, What was
Interval OF breathing time before these
amendments were passed into aw. That the stu
alton, a NEEDY could only be found in OF
ways-cthcr ny repeal OF the net, or suspension Ut
its action for q certain time. He did think tho
code ~ 20 into law. but that the ground
oil MS argument; no desired an opportunity TO
inc IL.
Ex-Judge FithinD, Mr.. Samuel }. Crookcs, Mr.. T. G.
Shearman and Mr. Abbott addressed the meeting In
position to the repeal OF the codo.
Tho Chairman put tho two resolutions, as given
above, separately, and they were carried by a very
large majority.
Tho following resolution was also adopted unnni-
mously, inter which tho meeting adjourned
Resolved, That resolutions shall be engr0ssed at-
tested by of officers an
OF presented each branch Of the