St. Landry democrat. (Opelousas, La.) 1878-1894, 1886-02-20
The Revision Of the Laws.

The commission appointed to reviS.
the laws is authorized, as a part of it,
work, to tn,yunge a Penal Code and q
Code Of Criminal Practice. We under
stand Penal Code to be work de-
neuncing Crimes and prescribing penal
ties, with suitable divisions, titles, etc.
We have precisely such a work alrauy-
ed i'll simple and convenient form in the
Revised Statutes, under the heading ol
Crimes. We do not know that the elias
sitication and order of crimes and pen
,altles as found i'll the Revised Statutes
need Encouragement. We have nrvey
heard any complaint on that score from
sither the members of the bar or the
bench. We conclude therefore, that
the power given the commission to al
range a Penal Code, means that it
' has authority to make one, expunging
the present law and adding new crimes
and penalties where it sees fit.
The same remarks apply to the pro-
,jected Code of Criminal Practice. We
have in the present volume of the Re
tice under the head of Criminal Pro-
Greetings.
Of course we cannot tell until the
work OF the commission is published,
to what extent it will attempt original
Legislation. 1t is certain however that
any general alteration OF our laws upon
these important subjects, is a dangerous
thing to undertake. Every system of
laws must necessarily be of slow growth
"iur system of criminal laws is taken
from the common law and statutes of
England and is the accumulated wisdom
and experience of the best minds of that
enlightened country for a period of
nearly one thousand years. 1t has been
i'll operation in this State since it was
admitted into the Union, and has been
made familiar to our people not only by
the Courts OF original jurisdiction
throughout the State, but has been
thoroughly expounded by our Supreme
Court. Their decisions constitute not
only guide to the bench and bar. but
a most valuable and comprehensive
system OF jurisprudence. Every statute
relating to crimes, penalties and the
mode OF criminal procedure and to
which any doubtful construction could
be given has been made the subject of
judicial Interpretation so that the Gin
consruities" and "ambiguities" in the
criminal law has to great extent al
ready been explained and interpreted
Now, these coditiers, themselves will
hardly claim for their work such pelfec-
ton as will dispense with the necessity
for Judicial Interpretation. 1t has rarely
happened that the highest legislative ..
wisdom and experience has been able ;
TO frame law SO perfect as to do away /
with all necessity for the intervention
OF the courts. I
And it must be remem a
beEed that no law can pass the Legisla- :
ture without having its object clearly !
expressed in its title, and without de- f
lays, deiberation, and examination.
sufficient to have it thoroughly dis i
cussed and understood, first by one ),
branch OF the Legislature and after O
wards by the ether branch, after c
which it is subject to the approval of the I;
Governor. And in order that the Lcgis- -
lature shall act intelligently in each in t:
stance, the Constitution lays down the Il
following restrictions upon that body. :,
Art. 20. Every law enacted Nv IN. Il
Generally Assembly shall embrace INIT nj
'ne object, and that shall be Expressed al
n the title. >> ii
Art. 80. No Law shall be passed or "
by reference to its title, but in "
'ech cases the act revived or 9 elton As d.
!Mended shall be reenacted and pub- in
ished at length. ali
Art. 81. The General Assembly shall 10
lever adopt asW system on code Of lars co
y general reference to such system or code 70
! lars, but IN all cases shall ,ecite at tn
sngth the sereral provisions ofhe lars it de
'ay enact. TO
These provisions are intended to Sc t;11
nre close scrutiny of each law, and to W.
uard against omnibus legislation such co
this new scheme of laws. The franz
rs OF the constitution wisely intended
lat the Legislature should act upon
ut one subject at IA time, so as to secure
ne passage of laws that shall not ONLY &
} wise, but free from ambiguity. Com at
gu sense and common observation IL
II impress upon the dullest mind the caI
cessity and wisdom of these provisions Wi
NV, it is a physical and Intellectual I"
possibility for the Legislature to ex me-
toll.