New-York tribune., 1886-08-21
IN FAVOR OF CODIFYING.
MIR. FIELDS RESOLUTION PREvALs
ACTION OF TnE AMERICAN BAR ASSOCIATION
POINTS or THE DEBATE.
rpr TELEGRAPH roTRE TEIBUAEl

fBr TELEGRAPH roTEE TRIBUNE
SAvAToGA Aug. 20.-The American Bar AS
notation met this morning and elected the following
officers tor the ensuing year: President, Thomas j.
sepmes, OF Louisiana; secretary, Edward OTIS HincE-
lev of Mary land; treasurer Francis Rawle OF Phiia'
aephfa Executive Committee: Luke L. Poland, OF
Vermont; c. C. Bonney. of Chicago; simeon Baldwin,
of NswHsven
The debate Mr.. Fields resolution was resumed
The time for the debate limited 10 IL O'CLOCK
and the time nom IL so 10 10 was reserved TOT
MIR Fisld. Ro bert D. Benedict. OF New-YorS, opeheu
tbe debais in favor OF the present discussion
OF tho question lie thought that codihoaton oil certain
subjects was beneficial but was opposed 10 genera o
acaion proposed by Mr Ficd's resolution The No"
York Code OF Civil Procedure was great clement VI
uncertainty In practice Mr Fields report stated ta
the oodnesuon of the rules OF navigation had cssoheu
LITIGATION In that respect Ms Benedict who Is one
OF New Yorks admiralty lawyers, had fonnd 'ha' -
reality ths statutory Of navigation increased 'no
litigation and uncertainty
Ex-Judge Thomas Dent, Of Illinois, spohc o ''
perencs In Illinois. where common law PTe'"i''' "'
also In other placss whore they had code anu 40
thai IN new state code might be prsetoaole ont ne
Thought that II wouid Ia mpraoucaOle 10 uo @"N '"
the common law and adopt cose necessary chSnHos
vould he disastrous. He thought that there was Il"
,nore uncertainty In common law States than ID code
60. "a. ob.cted 10 Mr.. Fields resolution.
Jna.e Edmund H. Bennett, OF Boston, thought that
,he question was hot properly debated at ms time
rba resolution referred TO the committee dla
NOT cont.mplae that the question OF codiheaton would
be touched by the report lie thought hstit was IN
fair 10 preoipitate this question at this time
Austin a. Fox OF New York City. thought that codif-
eat,on was question and that tnis National asso
citation should not Interfere with it. Tho resolution j.
too general he acted upon Each State must settle
tue question sel according to its own local CONDITION
Incius H. Chittsnden, OF NowYOrk, thought that the
question OF codacaon the greatest question before
aNf1ff'l lrpfat
was il of codiacaon and spoke OF the California
code and said that California lawyer would give u
nj. lie supported Mr.. Fields resolution
Th. closed the general debate and Mr.. Field began his
closing argument favor OF tho resolution. lie began
Nv speaking OF the obectors his motion One by one
he sed the spe opposition and rdcued
their arguments lie quoted from story. Metc-f ma
remark mat the Code of Cvi Procedure mad produced
lsgaticn and uncertainty. he said that tho lorh
the new code against his warning Having finished MS
ms in sappor, Of his re.oaSion Inc
question ssd he do We prefer written or unWren
law ana II should I've disposed Of now The people want
written laws so as to know what the laws are They
want TO make their own laws Contracts are put III
M.sns Cbarts wa, written Tho Constitution wac
written The Amendment OF Emancipation was written
Mr Field spoke of the revision Of the statutes OF New
yorI compiled by q commission which included Benjs
min f. Butler. father of William Allen Butler The wess
Contribution Of the United states ia ood,
ssa sss n9 ,so opponent. to- codaestion wOuld Hnd
fault them, and suggest many wSys in Whlch
they could be amended. lie would answer nost OF the
arguments of the antcodners BY an argument which,
be sail, WAS frequently used by Napoleon when Oh
tections his plans were suggested-"BshE MI Ieiu
then enumerated humber OF persons H. iaVot o cod
fca,ion, among than Judges story, Walworth anu
Miller Why cannot lawyers grasp ibis subject IA org
phec manner aud assist IN aiding The administration
gard law AS craft rather than pfofes-
sion. Lawyers 40 not adopt reforms. Tho people
force re'ornA He closed his renarss after an earnest
appeal o ADOPT tho resolution.
This closed debate The president then stated the
various amend nents and substitutions The first ques
Nash which was lost-42 to 3d. This resolution Was as
follOws: ,-.
THAT In the opinion OF this association the subject
OF codihcatOn irrelevant to he subeot OF delays III
administration OF justice. and, Therefore" tlht NE ma
joty minority reports Oe received without further
action thereon.
Tie second question was on tho amendment OF Aus
ria Abbott, which was accepted bT Mt FIELD IAe reso-
laton then read'
"Eesored That Law itself should be reducedso far
It's substantive principles are settled 10 the Ioru oi
ststate.
The third question was on an amendment OF MI Gar
that alton at this time ala nOt approve or
uphold cOdl atom. II was lOst-23 10 ~.
The original resolution as amended 10y MI ADDotl was
then put aud csrTeG-5- TO al.
The other recommendations OF The committee we're
then. motion OF Mr. Nash, postponed 70 the next an
meeting.
20 other aud Dumber Of resolutions we're III
troiuced Important questions were referred 20
appropriate committees TO report az the next animal
iaeetng. Mr. BALDWIN, of Connecticut read apaper on
the supervision OF Criminals, and the association ben
adjourned
Ia. annual dinner eaten at the Grand Union