New-York tribune., 1886-03-08
differences should he at once and speediy sot'eu n0s
thn arbitration Of some public onielal.
AN OPEN LETTER TO MR.. FIELD.
IoBy BROOKS LEAvIrI's POINTS AGAINST THE
CIyI, CODE.

ALBANY, March 7.-An open letter from John
Brooks Leavitt David Dudley Field upon tue Propo'o
Civil Code has been sent to the members oi the 'ssa
ure II contains some OF tho most telhs points 'n''
from the popular standpoint have yet been urgeu
against the bill Mr. Lsavtt says that the decision OF
the question IL fearful responsibility resting upon the
Legislature " II woud be far more injurious 10 pass
it, if bad measure than to reject 1t II gool one II
once adopted 1t can never Do got rid or Ihere can DC
but three reasons in Its favor: ( That the people de-
mand II b) that IN the opinion OF majority OF law
yers and weight. experts the interests OF
the State require it c) that in the opinion OF the mem
bers OF Legislature those interests would DO best
subserved by IT,"
Upon the first point, tthe voice of the people Mr.
Leayitt says: There Is evidence OF any such de-
mand II you challenge this statement where theh Is
the evidence The burIen OF proofs upon you has
any lawyer ever heard gle client express wish hat
your code should be adopted It is all very well to say
in general language the people want law which snail pe
cheap speeIy certain SO they do; but If there 10 gen
cra outcry for the passage OF tLis Dill one that they
think will give they wish, from what quarter
does it come Ny not stopped hear no such
cry"
As to the attitude of the bar the letter says The
majority OF lawyers. the bench or of, are SO far as
heard from. yOdr Gods Tnisi proved from Tue
statistics gathered Dy OF the newspapers lHE IkB-
UNE) after actual inquiry OF individual lawyers in"S
crimnately. 1t is proved in otner ways you ulSpu'e
AIS let canvass be HAT forthwith. understand you
conccde it, and avoid its By charging oldi0-ySm
and fear Of loss of the reasons III seems you
Keep that line OF argumenL in stock IL served yon III
1916. II will not You now. III experience
$ any criterion, IL the future Is to be Judged by
me past the passage ot your ie will CRAFTY increase
instead of ti cation during the next nty years
E sc interest the bar, It's members Woulu nan
your code win Uud accidn H." Iho following Is si III
eSard TO the tnrI point: II your claim is weIlodn c
that your code makes the law easy of understanding
cear IN apple lon that any iaynah can nnu ~ ~
What rules he needs MS daily drs, can resort 10 IL
stature who are aecIe the matter by their votes e
competent decide themselves ds to lts merits are
You willing to submit to that test II 80 way 40 you
press upon them Otamesy your opinions ana those %
Continental admirers II hOI' "hat Dctoh'rS Va
your plea iy, OH TINS cole coming INTO ioicr'
ill he allie TO comprehend II whoat and Ihe PEE PIE
AN unde rStaHd this 10 and It's UcauEs now OF tHeS
cannot II they cannot before hy what Occult process
vil! they attain sdch power after II becomes " law
In other portions uf his letter Mr.. LraNlt SHOWS no."
silly changes might be made III the Law under cover
amendment cote that would arc the Interests OF
ne ,yhoe community, when would uOt ei'} Dc as
covered until Late For instance, the change Oh Tue
word however " in one section To heretofore "wOu'u
loosen the grip OF the State, the hold oI the Crcdlol
upon every thrrca Ter tormnd under y'ul
code" And vet 1t wOuli only appear among great
,umher Ofuthcr changes an nCi 10 amend s'cOh so
auG.so uf the cole Mr. lie witt suggests mat com
peteut comm cOmpO ell Of lawyer ana business
men appointed 10 examine the b ana report 10 'uo
Legislature whether 1t should become a Iaw.