New-York tribune., 1879-04-14
NEW YORK DAILY TRIBUNE MONDAY. APRIL IA, 1879

promise in codcs-the old Legislative principle Of
lyon tickle me and III tickle you" applied TO the
civil and criminal codes of this great State. the law
| which, once made, will undoubtedly stand Tor a
third of a century, The details of the compromise,
! as they are stated by eminent members OF tine
| profession include the passage of the remaining
! chapters If Mr.. 1hroOps code. the abandonment
by Mr. Throop of all other legislation he has been
pressing and the passage Of certain old codes Tor
which Mr. Field claims credit. These are Penal
Code prepared fifteen years ago. by Benjamin Y.
! Abbot under the direction Of W. Curtis Noycs;
a sill older Code of Criminal Procedure,
of which David Graham was the COM
piler and equally venerable Civil Code prepared
by several persons, among whom was Mr. fIeid'
OF course all these bodies of law have grown some
what musty. All need revision, in the light of the
many changes that have come TO pass since they
were framed. This work. it is understood. and, by
many Of the best members Of the profession. be
leyed is 10 be the congenial task Of Mr. David Dud-
ley Field to be performed in the brief time which
will elapse before a bill to have any chance OF pas
sage must be submitted to the Legislature.
All this constitutes to be sure. argument
against the passage of the remaining chapters of
Mr. Throops Civil Code. there is no doubt that
their enactment is earnestly desired by the mass OF
the profession. who do not care to see the law IN
half-settled state through another year we
hope therefore, that when the nine chapters como
up in the Assembly tomorrow they VIII
be passed, in spite Of the fact that Mr. Field
who has been denOuncing the whole Ihroop COde
as an outrage. il its silent but influential sup
| porter. And those who would put severe con-
struction upon Mr. Throops course should remem-
Der that it was adopted If all this is true, III order
TO save from destruction work to which lie has
] al ot.dr of
labor Perhaps another course would have been
braver: but good men have surrendered 10
highwaymen before now. With the personal
aspects of the case, however, the public has
litlc TO do The important fact-the monstrous
fact-is that if this alleged bargain is carried out
one man. and that man Tweed's and FiSk's lawyer
will make, within the next fortnight, alone and
/ practically wIihout counsel or supervision, the
whole law of procedure, civil and criminal, which
viii be in force, all probability. for the next
generation. Every man who knows anything of
the methods Of Legislatures knows iulI wen
how true tins statement viii prove. The Legsla-
ture can hardly be expected TO remain III session
more than month longer decent regard for
appearances VIII require Mr.. Fields Codes to be
submitted at least IA fortnight before adjournment
leaving just fortnight in which 10 do
work which might occupy a Commission
Of able mon several years Then on a certain
day the chairman of the Judiciary Committee
in each House will rise. present the bills, vouch for
them and beg the members TO vote for them with
out having the slightest idea Of their contents. II
they are members without conscience about their
work they will do 1t, and Mr. Fields great act as
rapid-transit lawgycr will be ended.
Nodoubt il can be said in reply to this that tins
is the way in which such codes often passed Yes
but not until they have been carefully prepared bya
commission and carefully reviewed by the Judiciary
committees. Even then such a method Of lcglaia-
ton is dangerous, though IT is perhaps inevitable.
In such matters there is safety in a multi
tndc of counsellors The Tnroop Code, for instance,
La, fought its way through several Legislatures,
after coming from the Commission. and has passed
under the Governors pruning-knife; and 10 one can
doubt that il has been improved by this abundance
Of discussion But Mr.. Fields Codes are to go
through under the previous question, one might
SAY and hls thousand and one pet whlms and fan
ce5 may be firmly moulded into the law OF the State
before the profession or the people know what Is
even proposed to be enacted.
What makes such project seem even more out
raeeous than it doe, in its naked shape, Is the fact
that there is already before the Legislature a Grim
ina Code which is highly commended by eminent
lawyers and has been the fruit Of long and careful
labor but must now be thrown overheard Tor
Mr.. Fields hasty production. Inc tOue ol WHICH we
speak was specially prepared by eX-Judge Emot and
Dstrct-Attomey Phelps reported a year ago
by the Commissioners to Revise the Statutes, and
during the recess was carefully revised by a COM
mittee Of the Senate. No one, whether lawyer
or layman can read this Code without being i'm
pressed with It's simplicity and wisdom. In many
points il resembles the Code of Sir James Ftziames
stephen now under discussion in England Shall
this deliberate and conscientious work be pushed
aside to mako room for lIr. Fields Code, edited in
fraction of fortnight