New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1885-04-08
AGAINST THE CIVIL CODE.
ACTION OF THE BAR ASSOCIATION.
OBJECTIONS OF IT'S COMMTTEE-PRoTEsT nY III
REAL ESTATE EXCHANGE.

OBJECTIONS OF ITS C0MMrTrEE-PRoTEsT ny THE
REAL ESTATE EXCHANGE.
The Committee on Legislation of the Real
Estate Exchange adopted resolution on Monday pro-
testing against the passage of the proposed Civil Code
by the legislature committee of the Bar Association
has prepared statement Of Its objections to the Code
The committees repor. is in part as follows:
First-The adoption of the proposed Civil Code would
Code pretends be codincation OF the whole law 10
neasre statement Of few Of the general propositions
in the several branches of the law which II affects TO
be sought as 1t is now sought in tue volumes OF re-
ported cases and in the approved text books
fonnded 'ne Il Ne viii not aid the unproessona
citizen in acquiring better knowledge of the law than
mentioned to contain the law of 1t would afford
aid to the citizen But to the extent to which 1t does
part, in language so abstract and is SO
neagre In the definition Of the terms which
Second-This proposed Code ID crowded with defects
OF positive character and as II affects the whole body
OF law it Ia certain to involve every part or 10 In the
mschies arising from error and uncertainty There are
numerous instances in which the law Is changed py ~
they were Intentional; and yet no paper accsmpah'es
this 5 pp5ns or the STATING hs grounds
upon which they are proposed In muilitudes
Of instances the law positively msstaeu anu rtb t
without deliberately deciding contrary 10 what
and Justice It ought to I've. In its composition, well
considered plan been followed In the use OF the most
important legal terms ana phrases Iechnca ters anu
phrases which, by long and frequent adJudcaton
have acquired great precision OF meaning are sometimes
retained and sometimes discarded Tor NO otner reason
apparently than the caprice or the inatenton OF the
coulter, and the phraseoogy adopted VIII perpex the
courts as much as that which It replaces mas doIe, ~
the courts for long perod In settling the sgnncahce
OF words ana and s presyd
thrown away. The body OF our common law consists OF
rules and exceptions To rules. Both must be stated III
ord IN he but I'm this code. while the
statement OF rules is exceedingly mcagre ana insunlceh
the statement OF the exceptions far more So Inc con
Is that In nearly every instance where rule is
stated without It's exceptions the question VIII at once
arise whether the exception has been abolished or simply
omitted In multitude OF cases the rule Is stated 50
absolutely that no exception can be admitted withonI
violating ia Terms. ana yet unssS pseosibe and
unjust Before this code operate so as to sucuIe
anything approaching the successful administrator OF
justice. IL be- subjected to two processes; First
amendment hands OF the legislature and second
judicial Interpretation by the Courts. We believe that
this work be successfully accomplished Dut
fit be- 1t will be the work OF long series of years
and meanwhile prOdgiOus burden OF expense, ana the
greater mschlels OF uncertainty ana CONFUSION III tne
administration OF the law, Will be imposed upon the pup
To examine the whole OF this code and point out all its
errors and uncertainties, would be task lnvoylng
nearly much labor a. that employed In its compost
Separate chapters articles however. have Deen
diligently scrunzed by us, and their errors pointed
Ihird-The pretence that the Legislature is under
constitutional obligation To adopt thls coue, ID
wholly uDfounded. The provisions OF the Constitution
requiring the appointment OF commission when shouu
draw Code ana present the salue W
| have been fully executed The Commission was APP
pointed II made its report 70 the legislature masy
years SINCE thereby discharged from It's duties
The COnstu ion certainly did not require that the Leg
islature should adopt any Code reported by sucn
Commission unless, In its Judgment the measure was NJ
for adoption The inaction OF the legislature Tor winch
the report originally made is sufficient evidence OF
| the want OF its approval
The present is the offspring or private enter,
terprse In the belief Of the undersigned not called
expression whatever OF popular WILL ana uls
approved OF by overwhelming preponderance OF the
Intelligent judgment OF the legal profession
New-York, April 5, 1888.
THEODORE w. DWIGHT, chairman,
JAMES &. CARTER.
ALBERT Matthew'S
HOMER A. NELSON
JOSHUA VI. VAN COTT,
WILLIAM ID. SHIPMAs,
L. r. COUDERT,
A. q. sEDGwICK,
W. II. HORSEPOWER,
G. l.. RvEs,
CHARLES Z. MILLER,
AUSTIN q. Fox.
VICTOR MORAwETZ,
| HENRY Il. Is. STAPLER
j. BLEECKER MILLER, secretary