New-York tribune., 1878-04-27
THE NEW CODE ALL WRONG.

AN UNNECESSARY UPsETIING OF LAWYERS AND
COURTs--ITs REPEAL ASKED FOR.
To the Editor Of The Trt6une
SIR: Eight years ago commission was
appointed to revise the existing statutes and put them
together In complete and authoritative form they
were to do nothing else. The commission was instruct
ed 20 cOdify old laws, not to make Hep ones This was
work which three lawyers Of ordinary Intelligence ought
to have accomplished IN year at expense not to
exceed $4,000. Instead of this. after laborng eight
years with various changes in the commission, growing
OF intestine strife among its members, after
expendng several hundred thousand dollars OF the peO
pies money and flooding the State with pamphlets auda-
tory OF its work. the commission has presented us
with that ridiculous muss The Code of Civil Proceed
ure -; wholly useless and worse than useless WORK,
and entirely unauthorized aud outside the scope OF
the law creating the commission
The old Code OF Procedures clear and comprehensive
rule OF practice, which has grown into perfect and
compact system, having been distilled through the
aIembic of judicial Interpretation for nearly thirty
years-has been wholly charged, abrOgated and
dismembered, and ts simple provisions have been so
" gerrymandered, ZigZagged and bewitohed" that no
lawyer be sure OF his ground IN any step that he
takes during litigation. The result Is that the time or
courts s largely occupied In endeayOrng to explain
aud interpret the unnecessary ana useless provisions OF
the New Code and consequently lawyers must learn TO
labor. and suItors must learn to walt venture 10
assert that wOthds OF the judges of the State are
opposed TO IL and want il repealed The members OF the
lawyers OF the State, may Judge from the authors
own manifesto only G3i in iayOr Of his work. and
this too after petitions in It's favor emanatng from the
printers o the CODE have been sent to every member of
the profession.
The reasons for fits repeal manifest that
it not for the unsecy lobbying IN its behalf 1t would
long nave been consigned to the limbo OF unutterabe
failures. Here Is crying evil; reform is needed.
Before this change we had compact and simple system
easily understood; now we have ferqe qtaeque eX-
ecrible system which unsettes fixed principles
and mixes up in involved and incOmprehenshle
JargOn OF words that which was plain to the yeriest
.yrO / the office of a backwooG lawyer -
Ii is difficult To speak temperately on this subject Tho
mOietY OF disiOinted am dsmembered Code mas been
thrust upon Us, Code which asked fOr and no
wants; Code which las already brought trench
dOu expense upon the tax payerand which will entail an
endless amount of useless and unremuneratye work
upon the profession and the courts, and untold de-
lay, expense, and veXatOn upon HtIgants. Aud for
what nave yet TO hear valid or plausible ar
gument advanced for the retention Of this Code 10 was
passed by the Legislature under misrepresentation, and
why t has not been repealed Is one OF the enlgmas OF
legislation The courts 9Ogged, legal business Is
pgralyZcd taxes increased great interests delayed
and fixed principles unsettled by this Code Of Civil Pro-
codure. II ought tO be repealed. LEX.
Jilcd ADTl 20, 1873.