New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1881-03-11
CODIFYING THE La us.
WHY LAWYERS OPPOSE THE MEASURE

WHY LAWYERS OPPOSE The MEASChE'
SPIRIT OF THE OPPOSITION AS SHOWN AT The NEE
ING OF THE BAR ACKNOWLEDGEMENTS LAIN
OF INFORMATION IN REGARD TO THE MAIlhH-
HISTORY OF THE EFFORTS OF THE GUIDE 'o4'
MISSIONS
There is great conflict OF OPINION ahlohe
the LAWYERS OF this city as to the advsabiy Oh enaoe
to Low, tho Fold Civil Code now before the LeglSa
,,-e Tho ereatest fear OF its opponents appears !"
snrino from their lack OF knowledge OF us ac'u P
visions The spirit shown by the majority VI 'ao
bers present at the Bar Association mce.'nS y
evening fairly represents this sentiments tneS H" ~
on Of rbe provisions so they know tem Dut INC
nossbility that the bill may when ehacteu' "
Ocrous and Objectionable changes M hoih'io"i
od nm these objections sententously when he said:
"If,, contains any notifications OF the common la"'
o l,n,t want il II II doesn't make any cnanges we
don't need it," - l.. =,
Very few even OF the most eminent lawyers seem 10 NC
familiar except general way win inc history Vi
code legislation in this state the circumstances nhuer
bicb the Civil Code has appeared before the Lcgsla-
ture The Constitution OF 1S46 provided TOT tue ap
noiptmeut of commissions whose dutY u shoud DO 10
" reduce to q written and systematic cole the "noe
body of tho law the Stae or as much as 'ney shou
think practicable and eKpedient' Two COMMISSIONS
wero accordingly appointed. One, called the PRACTICE
Cor,,n,ssion was composed OF David Dudley Field,
indigo Ioom,s and John Graham. They prepared the
Code NJ Procedure enacted 1s4s and followed It by
completed code called the Code OF ClVli PROCEDURE,
which however the Legislature never eonsderedi ana
he eourts of this State continued to work unuer INC
code OF 1913 until 1877 The same commission
nrenared also O Code OF Criminal PROCEDURE
and submitted It with their other work to the Legsla
ture NJ 1880 The other commission, commonly called
tbc Code Commission was made UP OF DAVID Dudley
Field william Curtis Noyes and Alexander Bradioru'
They prepared political, penal and ciVh eode'
These we codes embraced were designed 10 embrace
all the general and permanent laws OF tue e'ae cou
mon or statute written unwrtten, old or new sue
cessivo New.York Legislatures turned a deaf ear to
ANNALS I'm behalf OF these measures but meanwhile they
we're beiug adopted, and having almost revolutionary
effect upon the administration OF justice IN other states
and countries The Code OF Civil Procedure has Deeh
substantially adopted IN twenty'three states anu
Territories; the Code OF Criminal Procedure
in sixteen or seventeen States and Territories,
and all Of the five codes In California and Dakota
Tho Civil Code aud Code Of Civil Procedure have
gone around the world. In England and Ire
land the codes take form called the English
Judicature and have not only become nr ,
and even III China and japan AS one OF the most uls
tinGuished Of lawyers Of this city said yeseriay
New York has thus becSne, In isc the a%giEer .,
the world. Wherever these codes have been adopted
they have proved an nnmXed good" 49,, 49,. o,,-o,
The Penal Code dcHnes all crimes go tnat any euscu
may It aud learn whether an act when ne 1as
cOmpitIeG ba Cnd, Of Criminal PoSeduTe defines the
judicial course OF action from the arrest OF lEITon
charged with crime 10 the moment OF Dis discourage Ut
The Civil Code hears the same relation to the laws o;
this state as the code Napoleon does 70 ne ,ssoy
declares the law as 10 personal rights am personal re
tons laws OF property In all forms eal anu eIs0n
the law VI Obligations. including contracts aud liabilities
Of all descriptions. II does away al one sIfke WIN
TENS OF legal verbiage England bequesthed To Amer
lean relics Of the dark ages. and makes u neces-
forward readable English. Take for instance ir9m the
sehedule OF forms the form OF MORTGAGE 81 reg, PROB
Iaafaah .F
expressions that are terror to the we ol
Of mortgage here PrSpoeG Se eoarsey on half
sheet OF paper. Then the code includes Two OF
membeTed by every citizen. Would save much useless
litigation such as: Inc law never REQUIRES imossl-
who taxes the benefit must bear the burden ..
The only radical changes embodied IN 'n9 core w s
the abolishing Of the right OF dover and s1De oaca
lions OF the law affecting Insurance. IN lsl" thc tx
slnuro passed the v .GTse fI Gs cyi Code
and allowed tue others to die ny I iI,i,rs
TO make these codes changes In the law
since they were written ana TO make oGr essay
the late Distrc:-Atlnrney Phelps, the present DIS
irictA Attorney Rollins and A.; r p, sPFaG que
nut the insurance law in a forn that met tho objections
made Last Governor Cornell vetoed the Code OF
Criminal Procedure only one that was passed. Inc
three are brought before the Legislature again NO
doubts entertained by their advocate that inc renal
The fight Will be made against the civil Code partlcu-
ary by tho friends Of M Throop the compiler OF the
Code Of CIVIL Procedure operation. ms code
The Field code OF Civii Procedure filled
up with great deal VI detail ana many minute direc
since the veto Of Governor Robinson TRIBUNE re.
porter has made efforts to learn te oph"Es OF eminent
LAWYERS AZ 10 tho value OF Tue Field CNn EIDE, AMI inc
expcdoncy OF adopting 1t 1t has proved diclt u una
theps we're com paraveiy tow who had looked at
IT, It noteworthy ana significant, however that IN
almost every instance where one Was i0niid VINO had
made careful study OF the measure DO was an enthn'
admirer and advocate OF H. One prominent lawyer
This will not prove so much lawyers book az
book for the people The ordinary citizen can there
easily find himself enough Of the law 20 guide
him In most transactions; aud that ~ one ground Ot
some lawyers' objections. They fear VIII take away
their occupation. But they mistaken; II will only
deprive them OF the litigation that Is most troublesome
TO client lawyer, and least rcmunerdtiye to the law
YER The fact u the tendency tns and IN every other
civilized country Is toward cOdlhcatOn OF the laws The
people are bound to have II In some form and when
they see the possibility of having It in such perfect
| form this they're going to have IT,"
AS far as could be learned tho general feeling,
be decidedly ia favor Of Civil Code. The appears
be OF the most prominent lawyers and judges III
other parte Of the State Judge Danforh OF the Court
OF Appeals thinks that II Is Of the most perfect law
works ever written, and he warmly advocates Is sdOp
ton. Henry X Sccw, Of Rochester says that no one
can ntegenty read the Civil Code without being struck
by It's value aud perfection, and that the Legislature
ought be made feel the necessity for ts passage
Judge Clinton of Buffalo, speaks as highly OF IT, Judge
Wesbrook says he has advocated The measure since
he examined 1t, and VIII all hts influence in
favor OF H. These examples OF many similar express
| sion OF opinions
Tue Ciyil Code also receives hearty approval
| from the promin, mt lawyers OF the States where
| il has been tried. John W. Dwnele, a pom.
| Code Ia held in high repute there. and is u hand.
book among business mem" aud George Cadwallader. Of
the place. thinks It has prevented much unncces
Tie most serious argument that has heard against
IL 49, that no matter what the ability OF the cOdicr
cannot embody in little book provisions that Will
meet the e1genees u every dispute over property anu
the Code does apply the common law can be- ap.
peaed before and where the Code docs apply 1t
serves It's purpose
|