New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1881-08-05
THE ADOPTION OFTHE CODES
WHAT THE LAWYERS THINK OF THEM.


AN ACTIVE CONTEST AND MANY AMENDMENTS
PRoBABIE-DAvID DUDLEY FIELDS COMMENTS
CHARACTER OF THE NEW LAWS.
The contest between the lawyers of this state
who advocate and those who oppose codifcation prom
Uses TO be active during the next ten months
than IL has BEEN during the last year. SO Jar The former
have had the advantage The Code OF Criminal Proceed
urc and TIE Penal Code have both been enacted INTO
law at the last session OF the Legislature ana ahonS
the Civil Code again thrown out after hard Srng
gle its friends expect that the success and approval hat
the other Codes viii meet with will ae siioien 10
secure its passage the next session When 'ha occurs
there viii only rsmain the enactment OF the Political
Code before the courts and political machinery oi tho
State working uader complete and comprehensive
system OF coiiIcatiOn
he Code Of Civil Procedure, which went into effect
September l. 1877 has ROW become familiar las all
the attorneys Offices the state, aud probably very few
OF those who raised cry against at first would
DC willing to 1t repealed. IL furnishes the rules
guide attorneys and judges in the proceed
IN itSating causes in court The Civil Code is dc
signed to be anal IDEAL aud compendious digest of
the law OF the State civil cases The newly
enacted Code of Criminal Procedure, its indi-
Gates furnishes the rules guiding practice criminal
courts The Penal Code bears The relation this
that the Cyil Code does to the Code # Civil Procedure
defines crimes and states what is the law with regard
to them.
Asis well known, these codes with the exception of
the Code Of Ciyl Procedure, the work substantially
OF the commissioners appointed create by
Constitution Of lSi6Messrs Field, Noyes aud Brad
Forthwith suitable amendments by more recent com
mission. David Dudley Field alone survives those
who performed the bulk of this great undertaking. and
although he is about eighty years says he
does not expect tn die until he has all of full
operation lie sailed for Europe Saturday but he lad
tho satisfaction before leaving New-York of knowing
that the Governor had signed the called the
Penal Code.
Z" One STEP" he said to TRIBUNE reporter the
morning that the tact published "Now if the Leg
isature next winter does duty will make the
TEN complete by passing the Civil Code"
OPPOSITION.
There however, many lawyers in the State, and
particularly this city, who strongly
and emphaticaily opposed the Civil Code
others Few of the 5000 lawyers this city have any
thing to do with criminal practice. and make
vigorous contest against tue of Criminal Codes
where they do believe in them but when i,
to the OF Civil Codes they all interested,
very many opponents. These say absurd TO
attempt TO conlense the law II is to DO found
Of volumes into single book of 200 pages sii
1t nj TO eet the exigencies OF the great variety of
class are the older who have spent many years
preparing themselves all the changing phases Of
LITIGATION They contend tina, only by such labor of
ss ws ne can Se ARE properly to
effect Of co iheation viii be produce supercaity by
y cods rather SaD sa @ n
IN reported decisions how the great Judges have looked
But very itte Of this opposition has appeared against
goes into effect September |. ,issl 1t makes few
changes existing criminal law procedure, II
books into httle volume that easily carried in
the most radical changes IN last Thursdays TRInuxE
ms is me section giving any defendant when arrested
require all spectators to be excluded while the
nation is gong on aud also orbiddng except the
judge and Clerk from having access to the evidence
SECTION day before sta he saed OF this
VISION '1frs o. course as pfStect9n to Innocent
VANTAGE of, because when man ia arrested he ia
anxious that his explanation shah be printed that
L Bun
cases may and do arise where works rank injustice to
an innocent person to have the fact of arrest pub
sed Ana H. ee can haye r speSat3rs excluded and is
out the suspicion that always attaches to the
There are other important change. in this Code One
FORM s1e Of aa 1 Most as TO the
first time an ordinary indictment Tor aggravated
crime and has been struck with amazement che vast
geher into it, would be erathed substitutes
inents simply charges man with having commft GGI
certain crae specifying it by name then the
necessarily requiring more than 100 200 This
stance Of Ghastine Cox for the murder 81 Mrs PT n
Which Was remarkably long document and described
which could have occurred. Many criminals have es
capped punishment under technical objections their
indicbnents. for which there seems to he chance IN
der TIE new laws The indictment charges IA with
Time and IN or about certain place and the Penal Code
prisoner has done what he charged with tierr is ntc
Chance S; FOR HIM TO- make nae OF techncal objection.
made AGAINST this Code by soluo Irou,ncf Tu,ns crin-
DETENTION OF WITNESSES
Another Important change in regard 20 the det,n
ton of witnesses Mr. Hastings the agent of tho British
Association the Promotion OF Social Science mazda
careful examination of the condition of matters with re-
gard TO this subject while he four year.
and sent report to his society that is said To have
caused much astonshment in England IL has been the
law In TINS State that any wtnoss OF crne could be
brought into court with the prisoner, IL he WAS nm
able Ia give bail for his appearance testify ho might
be locked up Some instances OF the grcyous hard
snip nave occurred under this law, and there unw
locked up behind prison doors III this city than
nfteeu persons for other Nrr,,
the witnesses OF alleged crime and thai they are
TOO polr or TOO htte Known 10 furnish BAH Some OF
them hage been detained for considerable ln.1h ,f
time ana sometimes II has happened their scrious
harm The new law ObNiatcs all this very asty In
simply provides that in such the evidence of the
witness shall ne taken at before the committing
magistrate and preserved for future use.
Another Important change il ia permitting an arrested
person 10 furnish tail iron day to day OF as IN
DER the present law, requiring him 10 uil e,cl
night until The examination il completed. Aa "A natter
OF act tis 'aw haS been evadcd by Police stirr
Miowlng on not nigecting To the priaOncr
Own MOUSE IN the custody Of the officer.
There are many other changes but the most ar linn,
courts. ~
WHAT is CRIMINAL
The new Penal Code does go INTO effect until NAV
i, ISL Before that time it doubtless Will hayo re-
ceived many amcndnehts from Legislature f nay,
year IL Is clirions aud interesting book for any r
son living ia this state whether lawyer not carJiv
TO examine Probably most persons will not grant for n
all that Mr. Fleid ciains-that person eau cnrry II
IN his waistcoai pocket and know at "a Ino,neuts
reference whether the thiGg he has dono crime or
not and that thus much crime win be avoided ty the
great mass OF The people becoming thoroughly familiar
with the laws definition q forbidden But 1t will