The New York herald., 1878-03-01
THE STATE CAPITAL.
Passage Of the Old Code in
New Covers.
REMARKABLE LEGAL LORE.
Another Field Day on Excise
Matters.
WIN f AN ID b E T. II E.
Enlar ging the Scope OF the
Bank Examiners.
REMARKABLE LEGAL LORE.
w I N E A N ID b E r r
ALBANY, Feb. 2s, 1873.

IL was fitting that these subjects should
gross attention on the same day, Tor two moro
prosy and at the same time vital subjects
could DO found all the varied
range of topics introduced to legislative attention. The
lrst involves the comfort and convenience OF more
than million people IN New York say nothing of
It's broader commercial and economic bearings, and
the latter concmpates. or at least proposes certain
important changes in The Code OF Procedure.
which The courts OF this State have acted dur
ing almost half century. SO much has
been SAID upon both of these subjects
In The newspapers, in the courts, in the
Legislature, at the clubs and, in fact, every place
associate that one is inclined to say with
lSolomon, rhere Is nothing new under the SUM-" Ono,
course, would be little sceptical about believing
klt nothing could be SAID any subject in
ich lawyers are Interested, for since they
SO voIube and eloquent tor fec, 10
pt end will they not 60 in speech
kng and argument whom subjects of personal IN
1st involved? The code, however, Is subject
which only alusion has been made in the papers,
and II the gentlemen oil the Senate honest In what
they say to me- they know little about the relative
merits OF the Fields aud the Throop codos
they do about s,usgenous molecules. They en-
rey influenced in their action by the desires OF the
Bar associations Of their several countless aud these IN
turn, in many instance am informed, are Influenced
to petition representatives through the influence Of
the compilers OF the Code their lrends
Judge Robertson, notwith standing tho powerful,
almost unnnswcrable arguments OF David Dudley
Field and others, Is a stanch supporter OF tho new
dispensaion, and mis- advocacy OF the Code has COM
manded the support Of many doubtful members In the
Senate From his position US Chairman OF the Senate
judiciary Committees, less than on sccount OF his
commanding ability as an Individual authority on all
matters OF law, he always commands support Tor
measures when he advocates and to us earnestne
IN advocating what has been called ''Tho Ola Code
Disfeured and Disguised" is due It's passage this
morning by a voie OF II to4
RAPID LEGISLATION
Yesterday the bill reported from the Judiciary
Committee, and Mr. Ecclesine, Of New York, having
counted noses and ascertained that tho bill would
pass sought TO avert Immediate disaster Dy resort
to legislative 1nesse Whom the bill ordered to
thri reading he moved 10 amend so TO read ''cn-
crossed" and ordered to third reading. The amond.
mept was lost This morning when third
called up he insisted that the rules OF
the House be observed ana that the Code
be read section by section Mr. Jacobs, OF Kings, VINO
the chair decided that the bill should take the
regular course anu be read, and the Clerk thereupon
proceeded the reading 10 read the Code through
Moud require al least three hours day for tour or
five days, and when the Clerk had read Tor three
and on further reading except the last section
was dispensed with, and the Code passed the Senate
by tho following vote:-
Hughes. Liopitt. LOOMS Lynde. MsCarthy oakeys j.
+ Ieree, Poineroy. Robertson. St. John Wagner was-
NAYS -Messrs Goodwin. Jacobs, Sessions Turner'S.
Messrs. Eccesine and Hopkins were excused from
voting, and Messrs. Edick Harris Jones. Marvin.
Payne, r. v. Pierce, Raincs and Rockwell wero absent
t'H 1T CONSTITUTIONAL?
1t is doubtful whether anything TO the interest
OF the friends of the old Code could have been done
this reading. In dispensing with the reading the
Senate has fagrany violation article g. section 10, OF
the consttu,iou when provides all bills. before
their passage, shall have final reading. The friends
OF the old Code here, claim that on an appeal 10 the
court Of last resort, tho Cote will be decided
CONSTITUTIONAL as the clearly expressed conditions of
the States charter have not been compiled with.
TwgEDLE DEE AND TwEEDLE DUN.
II would be well before dismissng the subject to
CIV. some OF the objections quoted by Senator Ecce
sine. Mr.. Field has claimed all along that the new
Cole was, IN iact the ola Code dlshgured and dis
guised; that IN no other sense was IL new cit Is
the same body in "A mask and hew dress, with
wound here, u blemisa there, and patches every.
where" Now 10 some OF the "new matter" In the
Tnroop-Caverno Code
Section 70 OF the OLD Code reads:-"In such
party complaining shall be known as the plain
tin, and the adverse party as tue defendant" Sec
ton 3 3U2 Of the Code :''rhe party
cutting civil action styled the plaintiff; the adverse
party Is sty led the delcndanL" low sections OF the
Old and new will show The changes
SIC 77.oWhen letters snc ae4~Where letters
patent grants or ea prop; patent or grant Of real
s. ' tA: & Sf ss a % dee if
ms an the SUBJ Subject Of the action and in
apr "a 1a.S % S &c
sHc. 100 In oil fail failure comply with the
ure to comply with the undertaking the bail may
dertakng tho pail may Se be proc, eded against by
proceeded against by action action and nos ot,srwse
s ssc 2ea Where special spscis, dadins ncon.
hndnG OF facts shall ia sstent with general ver-
consistent win the general diet former controls the
troll the latter ami tue Court render judgment accord
shall give Judgment accord nsy.
Ecciesinc made very strong ngnt but with
all these facts to back INN his cause was lost IT
remains 10 be whether Crazy and Alvora IN the
lower house viii nave any Dctier success.
THE EXCISE
rhp xrtsa ahnta iro,,u 80
Whtlc Ia tue Assembly scarcely up the level Of
previous discussions OF the subject The truth is that
The question has been so thoroughly discussed in The
committees on Cites aud Internal Anars well as
in the Committee oi tue Whole mat nearly all SAID
either side Is merely repcttlon Tor home sump-
ton IN The various districts, rural and
TIE expectation that decisive committee would
DO reached to-day was disappointed The bill was
merely progressed and maue the special order lor
Tuesday morning next Mr. Daly's motion to that
effect, which required two-thrds vote.
cal ricd without opposition. which is Il hopeful sign
for the hnai disposal OF the SUBJECT rs lar
as the House is concerned. Mr. Fish gave notice OF
motion TO nmii debate TO inmate speeches. Tnis
will undoubtedly prevail, md Will accelerate lnal
MR.. woRrn's sLoQuEyoE
The discussion to-day was opened by Mr.. Worth, OF
Kings, wno sad:-"rhe passage Of The bill ] rise
TO advocate is question not merely OF local. but OF
state and national importance. During the last fiscal
year The Unitec States government Collected
under The internal revenue laws 100000 900
from distilled spirits and lermented liquors,
whIe lhe customs Guies on liquors amounted
To so, ,0O0, 900 la lorms the taxation Of
liquors Is one OF tue main supports Ol
ernments la The city of New York alone me liquor
business contributes about $500 0U0 annually 10 the
cry, and the same is true greater or less degree
other cities. Prohibition Is not proposed. The
SHY oI regulation is conceded Some time ago the
portation OF wiues from the regions OF the Rhine ana
Moselc was very large. o. late 10 has decreased,
account OF the Increase in the manufacture oil
wines. The importance OF our naive W ne Industry
cannot be exaggerated IL nourisnes not only m ono
anu on tue Paeihc slope, Dut extensively III
state as WELL IL Is vi tho most m-
portant and promising OF our agricultural Industries
I urr vyith tne ueut Nov Y,rk Ar
~ urging legislation favorable 10 this INDUSTRY and
dcprecatlng any course OF policy likely 10 embarrass IL
VI considerations OF puplic rcve and political ec3n-
omy support the demand or modification OF our ex-
else laws will not stop recapitui ate The arguments
on this head now. Sucb onsIderutons would be
der were the pro- osltIon 10 prohibit the sale Of
liquors. They have no bearing upon tue matter now
In hand.
PUFPs s'LAKER PEER"
The city OF Brooklyn is necessarily interested in