The Cheyenne daily leader. [volume] (Cheyenne, Wyo.) 1870-1884, 1882-01-22
REVISING OUR LAWS.


to the present wants Of our people. In
deed, during every session enterprising
members seek TO remedy defects, sup
ply deficiencies and create advantageous
features. But, while these things were
Of some benefit the general result WAS
not as beneficial as could be hoped for.
1t was but a species Of patchwork.
To those who have occasion to resort
daily to the laws 1t is only too apparent
that more than mere patchwork ID
needed to properly shape them SO that
they shall stand as an harmonious
whole, and not As a series of misjoints.
Without going into lengthy details,
we may state a few points wherein our
laws are weak: There are several con.
tradictions; many errors of numerals;
several good laws are left practically in
operative because of the lack Of neces-
sary power to enforce them; and this r,
minds us that in the Justices code GER
tain rights are granted, but no power
conferred to enforce them; there are
conflicts between the civil aud Justices
code; there are too many opaque refer,
ences from the criminal to the civil
code; the useless and cumbersome ma
chinery of "triers'' In capital cases re-
mains; there Is absolutely no provision
for the method Of probating wills; nor
IS the law of executors and adminlstra-
tors as clear as we should hope for; and
for that matter the Jurisdiction ard
duties of the probate court are not suf.
6ciently defined; besides these there
are many features of our laws which
must be changed to suit the sinlux OF
population and to accommodate the in
crease in the varied in lustries of the
territory; this leads us to say that our
mining laws are lacking; we have a
law requiring recorders of mining dis.
tricts to file certified copies of their
local laws with. the county clerk; but
no limit is fixed by the law for the net
to be done nor is any penalty mentioned
for failure. to do 30.
Thus we could go on and enumerate
points that require intelligent atten-
ton, and, at an early date, too. Every
judge and lawyer aud litigant in the
territory will grant the force Of this.
The simple question is how shall these
needed reforms be effectedP
One proposition is very clear, and
that Is. that If the laws are worthy of
correction and extension, they are worth
being done we'll, for IN nothing more
than in enacting and in enforcing laws,
are the welfare of the people involved.
1t may be suggested that the whole
matter be referred to n special commit
tee of the legislature, to be composed of
the lawyers of that body and they to
make report in time before adjournment
to allow the legislature to act upon it.
There are many points in favor of this
proposition. 1t involves certainty,
celebrity and economy, three very desir-
able features. But would it not be we'll
to inquire whether too much hard work
was being put upon II set of members,
so much so as to deprive the people of
the benefit of their services in other
important fields of usefulness? Could
it be expected that under all the press
ure incident to a legislative session a
committee could dispose of such an
herculean task with satisfaction either
to its members or to the people? In
deed, we fear that it would be crowding
too much hard work of a most impor-
taut character into u too limited space
of time.
There is another suggestion, which
has much weight. 1t is to appoint a
commission Of lawyers, not less than
ten in number, whose duty it shall be
to revise the civil criminal and Justices
code, draw up a code for the probate
court and also to take into considera-
ton the various points suggested above.
Such Il commission, properly apportion-
ed according to population would in
clude the ablest lawyers in the territory
and they would bring to their work rot
only the highest intelligence, but what
is very important, years of experience.
Their report would be certain to be har-
mouious and consistent; they would
evolve a system and completeness; then
the legislature would have something
tangible and in good shape to work
upon to the end that the good of the
npnula ba SnhSpryaI
Now the question is whether such II
commission could get down to its task
and make its report in proper season for
the legislature to act upon it with due
regard to cautionp We think it
could, by dividing the work systemati-
cally and then discussing in full body.
Or, II it be found that this speed in
volyed too much risk for correctness,
the commission Gould be chargedt to have
its report ready for the action of the ligis-
lative assembly Of 1884. or course,
manifest errors and Inconsistencies
should meanwhile be patched up.
The LEADER throws out these sug-
gestions in the hope that they may lead
to the desired reform. We are not
welded to our own views of the matter,
but will be happy TO receive suggestions
from any source, and we doubt not
that the members of the legislature will
also be pleased to hear the various
views.
A Wall KnnxUn Nutfa EnAnraa~npN
CHICAGO, ILL.,, May 30, 1881,