New-York tribune., 1878-01-12
FOCAL MISCELLANY.
.r,crrED WITH THE NEW CODE.

DISSATISFIED WITH THE NEW CopE.
DE ,ruo APPROVE TIE GOVERNORS DESIRE
L"'h FOR IT'S REPEAL.
.4 Of Governor RObinsOn's Message
ln"' ,bo code of Procedure, has been OF lhuch
rea 70 lawyers and has excited consideraole ,vor
NV commeut. In 1870 the Legislature o'.|,o,
see a.a to revise simplify arrange and eonsohua'e
risslOn' ., the state OF New-Y0rk." IL mas Deeh
oil ouarters that their authority did not ex-
sere = revision Of the system Of practice Ihe coin-
enu rs however, submitted new act entitied' ihe
pemedial Justice" The first 4od SECTIONS were
'V "a nv the Legislature OF 1876. ana by an act Oh
las, Legislature went into effect septeinoer'
Wv" .-- and have been in operation uhoer '"o
ls'" of "The Code of Civil Procedure" The re-
ola ha coo sections OF the proposed Code were en-
,he last Legislature but did not receive the SIS
~, n, the Governor. who now recommends the repea
so, poron Of the new Code which went INTO opera
~ so,,ember !, and says: "This new system eau ohy
,pued at the expense of another long periou oi
-, and litigation over its proper construcnon' whieh
, cost the state many millions of dollars Governor
aon suggests that the old Code be reenacted ana
from time 10 time, as experience may suggest
A rcl,uor Curtis was asked yesterday If he con-
-, the Governors opinion that the new Code
ousbt TO be repealed
az certainly do" he replied The old Code
sr,h nv 10 means perfect system. had been 80 long
ora,,on had received so much judicial construction
so well undefetOOu ny tuo hOicsoioh '""' -
,os 70 me great pity TO disturb it. There are very
-, aatects and many obscurties in the new Code
N,b ,vill render 1t fruitful source of litigation for
- vears 10 come. 1t is bad enough Tor a
munity to have sustain litigation in respect TO r
rglts contracts and interests: out 10 nave auueu
".bis litigation growing out of doubts ana ullccrtali
" " s IN me mode which remedies should ne songnt
ues M MesaSn,instercd is rather more than any community
onSht 10 be made TO bear 49,, =, 81, a,
How would you sec"Ao ieioAA Al NV ~ WV "
neege q wou,d not begin reform by sweeping away
,ds system or part Of q system, and substituting
aS one i'm its place, however wise ana aole the new
ihSs,aon might be. Particular defects should ne re-
rrad Inv amending. when experience has shown mat
A. is necessary, taking care. OF course tat sa ~
ne so that the amendment can he clearly understood
simon Sterne said heartily concur in the views eX
ressed nv Governor Robinson and III the recommends
Sse the statutes Offer ed Code Of PTocctureIle
legislature liz enactiug part of the Code, III my
onnion adopted the worst part or the cohimssion-
srs, work All radical changes III procedure
ore a mistake because II doesn't lnllch SIGNIFY
that the procedure is If it is only clearly
Seaned and settled radical change mvshes, invites
sharp practice aud prevents the trial OF eases ON e
merits thus actually defeating the ends OF justice IL IS
very serious business TO set whole generation pI W
Sers laundering again after they have spent twenty
wears in fanIliariZing themselves Win onSsan
Code OF Procedure. 1t is another serlOus matter 10 IN
nose nuon tue courts the necessity of defining the mean
inc OF word and OF form I'm new Code.
Code Procedure only means 10 an enu 10 secure
tho trial of a case its merits This new Coue leaves
so much OF the old and puts in 30 much tuat new a
The trial of case is in danger Of becoming controversy
over the meaning of the word and form OF the new Cue
In which the substantial merits OF the case
lost sight Of"