New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1886-01-27
TIE CiJJL CODE.
emit was taken to IL o'clock to-day.

TnoRITIEs IN ITS PRAISE
TO the EdttOr II The Frt6UHe.
SIR: The question whether the Civil Code
shall ovorshadow ali others before the Lcss
lature aud temporary considerations are
often urged in discussion seems desirable to direct
attention to the broad pruc pies by which In the end
history will judge the action now to be taken on IT, For
this purpose caniot indeed consult "thc next ages
but with these Lord Bacon in his famous appeal, as
socatos foreign uations" which have been sngscS-
lively called sort of contemporary poSierty and t.
them we may turn wish advantage. Many eminent
urists OF Earone have studied the proposed Code OF
York In the light OF the highest legal learning and
experience and freely expressing their con
illusions upon It's vaue both as scientific work ana as
a project for practical legislation.
Among the recognized legal au,horitcstn their several
nations are Professor KocniS OF Switzerland; Lyon
Caen, of France; and Won HozendorH. Of Germany;
aud each them has recently written careful estimate
of this code in a letter to its author
Professor Koenig writing from Berno, November -.
1885. points out the steady progress made by the
principle of coddcaon, and observes TINT no nation
which has ever adopted 1t has aferward been induced
to abandon IL. In his view IL is no longer an open
question whether civil code Is dcsir'olc Inc
old notion that IL will hamper tho development,
OF legal principles Is "a nursery taic, ny
which no Discerning jurist is now nfu-
enced All objections brought against the meas
ure i'll New.York urged long ago in Germany. but
principle has trunphed. preiudccs have disappeared
aud there is general agreement THAI cOdlhciloh i
practicable and desirable, ald viii be distinct service
10 the Nation. All Germany now eagerly awaits the
completion OF a civil code By the commission sitting Ia
Berlin Thoughtful Germans nave w'h deep inter
es, code prepared for New YORK. wbrii already serves
Continental iurists a compendium Of the LrSSh aud
American law, and which has already had al IAu''"c'
on the decisions OF the courts They look with conf
dence upon its fltIre, wholly unable to believe that
"apprehensons which have long been proved ground
.trr de Y IL lgtl
to supprc,- work OF winch any nation w"id nave lea
DR. ~ IToC,en writes from Paris December 30 1853
that be has p~ruScd the Code with the deepest lner
aud with profit It IN, n!e' mire s"g"',s ,a4 iS
Of1t by the Legislature, he would perhaps; haVr PC
coiHlntTcIal law for distinct But be huds the
draft, ~ It's execution excellent IN All respects IL
proves that American, know mach better t!dh Els--
mon how 10 draw laws, stating principle, ana rules
briefly and with precision, avoiding the infinite details
rn.Sacaon o. subjects meets with cordial approval
and ne is particularly impresssd ny one .r'ILg
dcncc and the Definitions and General froNlsIohs'
Pratcssor Vo1 Hoizendor writes from Mnnch sep
tcrbcr T. 1850 lie wishes distinctly understood that
prudence in America. motcsty a'snmnS mat MS Jnd.
| ment could have 10 weight. Bat on rue Que
prudence presentn; it IA it, simplest ana most mature
FORM he freely Expresses his conYic9ns and on s9ch
| a uucstiu he Is well known 10 bc the highest NIHE
| authority lie fays:
COMPARING therefore your colo VIZ ne mo.i pr mine u
q Il y ~ ss.cy pa. iiyI. ii ord he aos
.ryrrc critc II 1, tie most complete Code know o." u
80 r. a. IT matter elsewhere lc to IA h'o 81
AMI srutod sity ,i'd'. % nicely OCT -lo-a csi
laiion. n eaDylcs uude. Tire head %; ul'y man pc
slons which ohcr csst We sIherci t. '"tiA ma y
OF fra mrEtart an experimental IA FVrnt"h' lH' ~
yonrr,' If ana division an g. fiJv'ipU' Hr GdWi
! d.rro a. d. AT the iii' g
rt1nr.nts practical 'prudtc" AMI uy t"cttu.i
principlcs Of your common u svo.c The lln"- n
trndaIt on nr0fess pr5iu elton TIE dchniion 81
~ m e. Nor into Tie cr's"s al itl c
details impossible, be clca ~ t"fcse thhL IL pH"id7
neither 90 uu c nor css dian II OHglt 30 60 hiny q
i.vc "a n ca a,ltut.s enc In. rcst specimens oi q II
leo tri0n o..iuape The pres ut Df lub'ih Fho' .
edge sr1rltpy a. /. al prospect OF Hr'uTNC hA'
drTr oi ,c,taiuty Ia tie appC ton az law which appears
! 10 l., tie main de.irc OF thc luDht .. large
The writer, a., these letters among the first Grsts
f thc ynrd In LII, matter they !tr reI. ed !rom
Drr1ua prejudice and parti-ansh'p ana hav" coh7lh
cred rc su1,ct solely with rcCICnce - Inc utllty O
LEGAL science IN sewing society AZ large. May express
Inc belief that lawyers and legislator who vi" Ite ther
minds from local ahd temporary influences dud IRON
which d 3turD the Judgment without ala
! ing f. viii reach the same conclusions - ,..,.
Nec- TyTL, Jan. 90, $50 ChAKLlpN l. l-E"iS'