New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1884-04-22
AGAINST THE FIELD CODE.
PROTEST OF THE BAR ASSOCIATION.
LEADING LAWYERS USING TnE STRONGEST LAM
GrAGE OF CENSCKK.

LEADING LAWYERS USING rHE STRONGEST LAM
GUAGE OF cENsCRE.
The Field Civil Code comes before the state
Senate to-day for final disposition The most 81 on-
ncnt members of the Bar Association of tins city
have felt and expressed great anxiety lest the
Senate should be persuaded to pass it. The COM
mittee of the association has presented full aru-
mcnts. both oral and printed. before the Judiciary
Committee against the measure. A last appeal
the committee has prepared and sends TO the MEM
bcrs of tine Senate this morning the following petit
tion:
10 He HoHornbc he eysainc ofGe Sqte NJ Ncv York.
THE undcrsQlled members Of the COMMITTEES app,nted
ny the Association Of toe Bar ~ tho Cry Of NcwYOfk to
oppose the Adoption OF The t1y Code, respectfully petit
the bin entitled An Act establish Ciyil Code"
commonly known ~ Fields Civil Code
When this bill n;ro'luccd into the Legislature four
years it ubcqIcntY referred TO cOmntee
which was at that time the Commit r. on ne \rnend-
mcnt OF the Law Of our Association The WI C0de Was
then fairly considered anl adverse report thereon
maGc to the association; tls report w19 arccQicd ahd
our committee was appointed TO oppose me "'p'o ot
Since then VIC have each year examined new portions
Of tnis work we have each year reported the results u
our labors The association; these reports have been
accepted and ordered printed and we have been reap
pointed with additional members for the same pur-
pose Duriuc thI, long continued cc1miaaiou not Quo
ncnbcr Of committee has changed his ve ~ 10 the
nfyisabty Of The enactment % thlS biI oTir more
horou 70 auaE tance with IL details has only served
80 strengthen orr Opin on nat lis proposed adoption
the greatest misfortune whlch has ever threatened the
ON account Of the very euornlty OF the evil. it seems
impossible to arouse ac pnblc and Our RfplrSentltiys
to f!ll appreciation of it, cer1in consequences; we
cannot express calm unbiased, deliberate opinion,
without using l'n mage whi'h We i'r must sfihc INC
nearer ~ uHcaled for and ~ e9eraed.
NATURE or THE THGEATENFD MGsFoRTUNES.
Bu when we consider that this II contains over two
Thousand sections, laying down rules Of conduct for all
tho citizens Of This state she daily affair o. life, whose
uon-obseryance is TO be follow ed by suits for damages to
unlimited amounts, and when further consider what
we know these rules be- believe that il our fellow
citizens ever have the misfortune TO attempt 10 live under
Them or If or prof ssiol ever mas he mi fortune TO
atcn, to practice under tetn. our committee VIII he
blamed for failing give due warning OF the enormty OF
the threatened evil.
It prompted by this and in order 10 escape this
cen .ur, that yOr petitioner bc- leave most re-
.peoffuly TO lay before the ropresenlariyes OF me
people OF the state OF New YORK solemn protest.
against the adoption Of this bill. our G9lniltee has
hal me honor of attending at two Joint sessions
OF the Judiciary Committee OF tne As.emnly ana Oh
ne senate aud ~ these csSOnS Wc were ahc 10
very briefly few of OR directions 10 tio nGar1Tr.
Unfortunately the press OF oher plbic o'LsilfT t
in< presumably more immediate attention. pttFsnt.H Tue
judiciary Committees from acc0rung u iurther near
ings We therefore submitted hTeT pamphlets ON dierent
subjects in the Cote showing some OF the evils when ia
our opinion would follow is adoption These subjects
yorp nor selected nv tlc members assigned %
them aud they furnish fair cimens OF th merits on the
Tcu1nt"; Mr. Carter. fn-ur9nre"; Mr.. Horn0'ower
"Nczotiabe Instruments and Trusts Hr; haint"''
"In4n": MIR. Adams. "Innkecpcis' "; III Miller, Cor
i9rs,'" oa,ooret. were submitted 70 the judiciary
Committee, o the senate and Assembly. The conclusion
~ i nf rinse elnru wa that the part examined by
,c,1 cs upyror,y Of ado 5tion nj so f " VITA de-
icct3 thai amendment impossible. The same con
cusou has aN"U reached by or 90 nt'te concerning
cyrry part which II has examined; in fact, in many
inn die consequences o. their enforcement Almost pre-
YAM pa'tourrt beg leave most respectfully
but m6st urgently. to refer me members OF
S 5GG TO " %Isy yon carty to examine tie hu
Dorance OF the Obi etons therein stated ana 10 prepare
r least some amendments which will lessen thr e' con
SEQUENCE, therein pointed ont II tAr work OF amend
rornt were bu undertaken by your honoiaD. body
gith other parts OF the Oil, feel sure That he iliIe
character Of ths work would al once hrt', dppai-'o
you. and TIE npo slniltF ofl- aT''n HI' or ',t'u'
OF tho Of It's undtment errors would be rec
l"lr petitioners most respectfully submit that thi,
v1rk pucn rut -hoIld nor he irft entirely IN hhud
80 the future; but that th honorable le--l-
Wra -houi A. lest m2ke some att'WnI inyr,a'' as TO
and uTou future Legislature, may ue appreciated
Is it quite rur 10 impose th- whole of this work on
judiciary Committees. Will have any more time 10 devote
ne 6 m rrsen, consist. Of about two thousand
-ious ;he, are numbered ~ about three nous nd
man wa a,op.pd 30 thlr additional sections m ,ht be- n-
l,tcd It's therefor, co1te~,c thu DO VIII require a
s one hosluJ additional sections or on i'm rea'r OF
l. 1f rs present size what these adt 1nal see
IONS io b. The same arraE2 Iah Was ."lr ih t' ou
of l.t year. hIt the new sections are not t'rA'omns
Arcp,1g 10 ti. own c1i4css0a sac works. 0ay fwo-
h. done; lc u.s. at e1't So" the other third aud pass
upon the Wno.r thing complete.
o
yo ,tiolcrs are unable 70 state ia detail thsir OBJ
,cou 20 th, n I'm thi- petition, bar beg leave 10 refer
ro m, pamphlet. above n.u''aed ami 20 their three
annual rrt- Bar Association and 10 the essay by
NJ ZONES g. Carter Tue Proposed COditcation Of
Or Common Law" IN this petition we are able u state
only our general conclusions As TO this code.
/ u contain. many changes Of or present law both
fLpa and uuuteutOlal; many ut IA csc are. M puf
ouiou against public policy, and none OF them should
be- made without being submitted actually TO the iudg
ucnt Of orr represent 1fiNc~.
cUltr.d iCtOrs In itself, which arc
,1nrlv the result the work HAVING beou done by
different i-d yillals, without thorough correction.
2 II contains specific repeal Of the statutes now In
FORE so tat present Revised statues and th' bH
YIN b,, FIRST 10 be consulted aud then the conclusion
drawn - To their con '-tency or Inconsistency.
T. II contains prOy4ons, some OF which ar" couchedt IN
sucb tr. nat it il impossible 10 fOreec tler cOnae
uurnr.s and hers Of which morrow and arbitrary,
Ihaf they will remain but a dead letter.
The statements OF the law the different ulects
winch N docs vague, contradictory aLd in
complete they Will be OF hO advantage 10 the Gilt
The general disturbance o; old established principles
will however he lcat tha our eal system VIII not
rr"ver fr generations from the effects OF this hlOv
For these reasons which have thus briefly stated, The
med respectfully petition the honorable The Leg
stature the state OF New-f0rk not To enact The Dill en-
tttrcd AN Ar4 10 establish a CIVIL Code"
TuroDORE W DWIGHT. DpUGIAS CAMPBELL,
Chairman. WILLIAM ID. >HGPMAS,
HOMER A. NELSON, FREDLHICK SMiGh,
Et,v..,u u ,lTFE,ON, JOsuCA VI. Van COLT.
JAMES G. CARTER, ARTHUR q. SED'"I,hi
FnTnrEIcR r. CoUDEEr, GEORGE H. ADAMS.
AIuKHr VI ,rUEWS, j. BLEENER MILLER,
NuIAM u. HORSBLOWFR, secretary
,TOHN VI StRlBNFR.
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NATIONAL GC1RD EOrES.
The non commissioned officers OF the 9th