New-York tribune., 1886-06-04
LATYERs BEFORE THE GUVERN0R.
xrw-voaR MN ARGUING FOR AND AGAINST THE
CODE or INIDENCF.

NFw-vOaR MN ARGUING FOR AND AGAINST HE
CODE OF INIDE>CF.
ALBANY. June 3 (SDeciaD The hearings be-
fore the Governor on the bills left by the Legislature In
his hands were continued this afternoon. The chiet
hil considered was the evidence. Ii part
Of the code o. civil proce lure framed Ivy David Dudley
Field. A. Loomis and David Cir .hsm in ISL David
Dudley Field and Assembymln Baker appeared to de-
fcnd their Joint production. The opponents OF the Dill
were James c. Carter. Geo-gc c. Holt. John Brooks
Lcavitf George T. Fox ID. Mcclure j. Bleecker Miller
AMI C. f. Dirlseye.
Governor mn said that yesterday he had discovered
that the bill had properly engro-sed section
author aiug mself to apI Commission OF supreme
Court Judges - the code and suggest amend
ments to the Legislature OF 1887 had not been en-
crossed the bl lie thought however that lhe error
night be rrmedieG if nol. the hi, worthless SIR
Carter in his argument against the b said that there
was no warrant for changing the law of evidence lrom
nnwrittep law to written law unless it wonld be
benefc al "what benefit" he askei vii come from
itl All that cAn be said hat If II can be condensed
ana made clear the change should be maie. have 'he
manufacturers or thIs cOie done this do not thhA
they have. understand that this code If part OF the
code II civil procedure reported to the Legislature py
David Dudley Field and nis fellow commissioners III
ls51. The present generation knew nothing about II.
IL IL a law proposed by member OF IN
legislature his motion and passed by
the LEGISLATURE without due examination nv its mem
bers or the outside public In addition we have the
con esson OF the Legislature that 1t should not 90 lnto
effect until Il had been examined by commission Oh the
Supreme Court and amendments made 10 It, It's unht
to be enacted ali # it needs amendments undertake
To sav that there demand the part OF the legal
fraternity for these laws
The Governor-Was this bill acted upon By the Bar
Association of New-1Ork
Mr. Carter-We did not know that there was
any OF the code being adopted.
We we're astonished 10 hear that 1t hai been
passed The Bar Association then requested the toIu
uittee Amendments % the law TO examine the nll
George c. Holt the chairman OF that committee, salu
that while It's members could noI speak Ior tI "o &
Association, they had not had time TO consult the
association. individually, however they were
to become a law. Mr. holt presented me-
moral OF the committee against the code
Mr. Brdseye attacked the code because u reprae Ger
Tain sections Of the criminal code D. SIeecKer M!ller
said he would submit written argument against the
David Dudley Field defended the CODE saying that
the attacks upon IL we're an old story II II Is n"a a
reject it. The people interested IN this bll Inc
lawyers in revolt against the people lhe Consutu
uon says that shall be code, but the avs ers
resist It's adoption Is IL desirable tnat the people
should know the law and govern themselves according
The Governor-But can the lay mind be made to
understand tl
Mr Fied-i think it can. In my opinion the desr-
ability OF a code OF evidence is not dIspntaDle.
The GOv-rnOI-Woud II not have been wiser. Mr..
Field to referred this code OF evidence to thc
supreme Court Judges and nave had them amend IL
Il really II you had pat the cart before
tn by saying that they shall amend 1t ater II n'
Mr Fcld-Because you cannot get a code made except
matter o. love. m moment YOU decle % pay io'
II the politicians rush TO get Ae money ana t"ey 90
CHARLES d. Baker argued that the Legislature had
ace ed wisely N having cO- reviewed ny thr -upreme
Coarl Judges lie earnestly appealed 10 the Governor
/ 10 s-n III bill r,-., ,
n.tted NAT the bill drd amendments WIKI this az
sumient the hearing ended.