Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1878-11-09
REVISING THE LAWS.
Some Suggestions of Importance
to the Next Legislature Abouta
Matter In which the People
Feel a Decided Interest.

I'd VIC
Matter In which the People
Feel Decided Interest.
Correspondence of the Register.
There are many questions of real
practical importance to be brought be-
fore the next Legislature, and it might
not be amiss to discuss some OF them
beforehand. In this way public senti-
ment is arrived at, and the Delegates are
facilitated in this work when they come
together.
One of the most important measures
engaging the attention OF the Leglsla-
ture elect, and one which will most
probably be the first brought forward
for its action, is revision of the code,
or rather Il codifcation OF the laws en-
acted under the new Constitution.
The present system OF legislative
enactments is in such chaotic condition
and such a bundle of entanglements, as
toexcite the admiration OF q Philadelphia
LAWYER, as it is the horror OF q West Nlr-
ginia justice.
The Code of 1868 is an admirable work
of its kind, and as it is always well
enough to let well enough alone, would
have answered its purpose even with
the tinkering of subsequent legislatures
up to 1872, if change in the organic law
of the State had not necessitated a change
of statutary laws. The new Constitution
in many particulars operated change
in all departments of the State govern
ment, and in some such radical changes
as to almost render imperative the pro
visions OF the Code OF 1868.
Consequently the legislature OF
1928 attempted to patch up the
torn places and plaster over the
broken parts of the old Code, and
produce harmony between it and the
new Constitution. In some respects it
succeeded and in others it failed. 1t Is
not necessary to stop here to point out
the failures. Subsequent Legislatures
have attempted to cure the defects, and
while some progress has been made the
fact still remains that there are numer-
! Gus Inconsistencies, and IN some m
| stances conflicting statutes. But as the
! laws now stand there have been so
many amendments and so many amend
mcnts to amended laws, that 1t Is abso-
/ mtelv impossible for any one other than
a professional lawyer to keep up with
our laws. And it sometimes puzzles the
best lawyers of the State TO tell what the
/ State laws are upon certain subjects.
| The attempt to keep posted on West
! Virginia statutory law recalls to ones
mind the opinion OF TennysOn in refer
once to the English law, as expressed i'll
"Aylmer's Field:
I $50 Leoin went; and as We task ourselves
/ To learn II language known but smatteringly
l In phrases here and there nj random-tollcd
! Mastering the lawlcSS science OF our law.
/ That Goddess myriad OF precedent,
! That wilderness OF single instances
Through which few. by wit or fortune ich'
May beat pathway out TO wealth ana lame
We know that the laws need revising,
and the only question now is how to
get at it. In recent number OF the
REGISTER appeared an article bewalllng
| the absence OF lawyers in the next Leg
| islaturc, because their services would be
needed in this very direction. do not
know that am prepared to concur en-
! tirely with YOU in your views upon this
/ subject, Mr.. Editor. | am not sure but
/ that it is better that the lawyers have
/ been left out, or at least so great
number of them. There are still enough
! left for practical purposes. 1t Is to be
/ regretted that the services Of Judge
/ Ferguson, who is peculiarly adapted for
! this kind of work, could not have been
secured. We have had a large proper
/ ton of LAWYERS in our Legislatures for
| a number OF wears, and they were of no
/ particular benefit to the State. They
only succeeded in involving our laws in
| deeper chaos than they were before. If
/ we could always succeed IN getting the
! best lawyers to 90 to the Legislature, II
would be all right. But it is hard to do
| that. The real business IdWyerS generally
/ have so many engagements as to abso-
| lutelv preclude them from legislative
work, while those who ordinarily eX-
press willingness to serve in such ca
pacitv are those who have such little
I knowledge of their profession as never
/ to be troubled with Il surplus ot.clients,
or those who prefer politics to law. OF
course there are exceptions, and there
are some exceptions of this kind in the
composition OF the next Legislature.
But we have i'll our next
Legislature what the State has
long needed, abody Impractical business
men, aud the people expect good work
from them. Now, a. To the matter OF
revising the laws it is not absolutely ne
cessary that the Legislature should do
all the routine labor incident to such
work. 1t can be done, and should be
done. by committee. \ committee OF
six or seven men can do the work better
and more intelligently than body OF
eighty-nine men. Every person who
has had any legislative experience or
who has been an observer of legislative
work, will concede this fact.
Neither is it necessary that a commit
tee appointed for this special purpose
should be composed OF members OF the
Legslature-but that body should have
range of the entire State from which to
select men particularly adapted to this
work.
Now, my suggestion is this, that
the Legislature appoint COM
mission, say consisting OF three
members, or more if necessary, to
whom shall be committed the work of
revising and compiling the laws into
Np'lt, anu lliul llltN ltppIN W q Sub"'-
quent Legislature or to an extra session
OF the present Legislature for its action.
think that could 90 SO far as to Sc
lect the commission, and there can he
no improperly in mentioning the names
OF the gentlemen, as their eminent fit
ness for the position would commend
them 10 the consideration OF anybody.
would suggest Judge Homer \. Holt
OF Greenbrier, Judge A. Brooks Flem-
ing OF Marion. and ex-Judge James III.
Ferguson OF Kanawha. The list might
be extended so as to include Mr..
Lamb of Ohio, Mr.. Hutchinson OF
Wood, and other gentlemen OF equal
qualifications | think it was Lord Eden'S
idea OF n lawyer: "a man who lived like
q hermit and worked like horse and
no one would accuse any OF the above
mentioned gentlemen as adopting her
nit life, vet all admit that they can work,
and do work, in their respective profess
sions and II * intplliuent IrOrkiNJlaWyers