St. Landry democrat., 1886-02-13

Since our article last week upon this
subject, we have examined critically the
act of the Legislature authorizing the
sevision, and confess that we cannot tell
whether or not the Civil Code and Code
OF Practice areto be subjected to Il pro-
4,rSs OF reconstruction, as well as the
Revised Statutes. 1t would take IL learn
e. d court of last resort to explain that
act, and bring it within the comprehcn-
sion Of a ':man of ordinary intelligence"
The act is entitled-"An Act to pro-
vide for the4evision of the Statutes for
the State of q general character. Sec.
2 provides for the revision and arrange
mcnt in one connected text OF the sta
tntes OF il general character, to be called
The Revised Statutes Of louisiana
and, also provides, as q part of the revi-
sion, for the. arrangement of Il 'l'enal
Code" ;enda Code of Criminal Practice"
The ,Ceditiers in Sec. S OF the act are
given authority to simplify the language
of the Statutes to correct their incon-
sruities, supply such aem provisions us
will add to the completeness of the worl,
and arrange the whole in il natural aud
10 gical order under proper headings,
titles, chapters, sections, ETC." The same
section also gives the Codi1iers author
ty to "expunge such provisions AS are
not plainly stated in the said .Cedt~."
THERE'S u jumbling togather and con
fusion in the phraseology of the act, to
such a degree as to leave IL in doubt
whether the colitiers are given authnr-
ty to revisit the Civil Code, and Code
of Practice. This section states the
object to be, that the Revised Statutes
shall partake OF the cOnciseness, simpl
city and lucidity which characterize the
CiyilGode and Code of Practice and
then follows the grant of authority to
sKpunge obscure expressions sin the~tFid
tt.des."' The context of the latter phrase
plainly indicates that the authority to
expunse, applies to the Civil Code and
Code OF Practice, while the liberal cum
mendation bestowed upon the phr;tseo
logy OF these codes would seem to rem
der entirely unnecessary any revision
or correction of them.
Again, by no sensible rule of const,uc-
ton Gin this power to expunge be said
to apply to the projected Penal Code
and Code of,Criminal Practice, since the
codiiiers are not called upon to eNpot-c
the work Of their own hands.
The committee of codifers by the terms
OF the act, consists Of three members of
the House of Representatives, and two
from the Senate. These five members
of the Legislature undoubtedly took
part III framing and passing this Act.
The inquiry right here demands IN
sort of system of laws
are we to expect from legislators who
have given as this ,pieee of botch work
as specimen of their handy work Is
it likely that they will improve upon
the language OF the Revised Statutes,
not to speak OF the,Civil. Code and Code
OF Practice, or that they will give us a
system of laws free from obscurity and
the legislative absupdity SO manifest in
this acts
But it seems tllat the Legislature was
conscious OF the incompeteDcy OF its
own members to frame any needed |!
legislation of q general
character, for the commission OF five
Legislators is directed to "select some
suitable person. to do the work Of re-
vision. AS the work of that suitable
person is however to be done under the
direction and supervision of the afore-
said five Legislators, we have the right,
from the specimen brick before Ills, to
Judge Of the edifice when it shall be
Again, no legitimate criticism eau be !
made Of the phraseology, or arrange
meIt OF the present volume of the
Revised Statutes. The pretexf that
he Laws are to be SO reconstructed
hat Ii "person OF ordinary intclli-
,ence" may understand them. is ab-
urd. The language of the Statutes.
reeds no general revision. tits granma-
lead and quite as simple and concise as |,
he subjects admit of. The philosophy /.
# the law cannot be brought within
he comprehension of a person Of
ordinary intelligence" by any body
/ modern solons selected from the pre-
eDt Legislature of this state. h
If such q 4hipgeonld be accomplished
lese codifieEs would to great extent, !
0 away with the necessity OF any ses- |
on OF legislatures or courts in future, i