New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1883-01-10
LAWYERS DISCUSSING HE CODE.
SEVERE CRITICISMS UPON IT BY rnE BAR AssocIA-
TON.

SEVERE CRITICISMS UPON 1T BY THE BAR AssocIA-
The announcement that last evenings ses
sion of the Bar Association would be largely devoted 10
discussion OF the new Penal Code called together one
Of the largest meetings OF the association that has been
held in several years. T. ~ Bangs was In the chai'
He announced as the members OF the committee Cd
Judicial Nominations for the ensuing year EVeFeli T.
wheeler john NJ scribner, Joseph Larooque, Frederick
p Coudert wheeler H. PeckhaIn, stephen A. walker
william s. Opdyke James C. Carter. Francis C. Barlow
and AIber; stickney Mr.. Bangs said that
"a usual he had appointed six Democrats
aud four Republicans on this committee on
the theory that the majority Of the members OF the
association we're Republicans and the majority OF tue
voers of the city Democrats IL was expected ne
added thar mo- members Of the committee should be the
members OF any convention nolnlhatne canoioaes Ior
a. vond be assumed that they would resign from
the committee. committee was appointed az the
preSNiou' TSe pTeaHbe to the resolution under
which the committee was appointed was very severe
the chairman of this committee read the report last
evening II was critical and pointed out the most salient
the code the report said, is 10 enlarge the discretion
AIRY power of the magistrate IN imposag puishncnis
in derogaon Of the power OF the jury. A iaIr
sample OF the criticisms ~ the folloWlng the manner
II which me 1ao1s q 6apse In the Revised
Statutes the degrees OF crime are deped eacH IN one sen
tenes OF section III laS asSnitlop Of the crime IN
one section and then follow iu Subsequent
WHICH colisiss' in q reference 70 the general
aeint.on and certain additions nitaLons Of that
definition. Practically TINS makes clear definition OF
the crime very difficult"
Another criticism the following: by section
264 the observance Of another day than Sunday as
day of rest made defence TO prosecution for selyle
laor on that dag, bat the act is designated a crime
and the offender liable to arrest Persons above
fened to may not also engage In trade manu-
faeture mechanical employment on that day this ia
an alteration: Moreover, ne pelIity has been IN
creased from 81 TO possible lne OF $40 or nve days i'm
seine o. these changes" the report concludes. "are
for better and for the worse but your commit
tee does not feel authorized under the resolution
in pursuance TO Which = was appointed TO express an
MD by the code as whole. However. your commit
tee OF cpaon that such important changes should not
have made without fuller and more extended dis
cusson than they in fact received In the Legislature"
dtion to NJ Miller. were Frederick K Coudert,
LaClen oudin. Thomas G. Evans, @. wilelt
Van Vest. 8; D. Smith, ". G; Sanger,
Seven OF them are in favor Of codifcatjon.
the reading OF the report was completed 1t
she majority of those present TO engage in sen to
any prolonged discussion Of the subject The repOEL
made motion to have 1000 copies printed.
Some friends Of the code proposed various amendments
There little patience shown with evident purpose
the part OF some Of the younger members OF the
citation discuss the matter Cephas Branerd said that
he Thought the preamble OF the resolution under which
the committee was appointed shond be printed with the
see bow far short OF tne promise OF tire
preamble the result OF the report really was.
OF exJudge ArnOux the whole matter back 10
the committee who 70 report further az the mex.
meeting 20 he heidOn tho evening Of the sec0ud Tues
day OF February. The members OF the ASSOCIATION
pretty evenly divided the subject OF codincaton.
Tie meeting last evening beng the annual meeting
officers elected for Inc following year.
Following lie the list of the officers elected
President Francis N Bangs; vice. presdents BENJAMIN
ID. silliInan William NJ Prehard, Aaron j. yandepoe,
Frederic Il. Coudert and Bernard Rocker recording
secretary. sas Il. BrOwnel corresponding secretary,
Arthur g. sedgwiCk; treasurer, Edward Mitchell mem
bers OF Executive COmmi Class 5S5, Wheeler
III. Peckhan, BENJAMIN II. Lrst0w, Charles IL. Wood
bury Benjamin h. Lee, Austep e. Fox Class vi 1883 90
I'll vacancy caused by resignation vi T. Henry La
conbel, william jay members OF the Committee on
Admissions Glass OF 1885, Osborne L. Bright, 3 sidney
Smith, David b. Ogden. Charles ID. Adams, Ernest u.
steduian. Frederic De r. Foster aud Alien w. Eyars.