Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1888-06-29

sessions Of our Legislature have been lin
tied has been productive of good IN pre-
venting legislation, ''for upon general
principles new statute is distinct evil
in 30 far as il increases the volume OF
written law, and in so far IS IL makes the
law of to-day different from that OF yester-
day and so tends to make the law uncer'
tain.p On the other hand, some of the
legislation which is enacted would he I'M
proved if more time were allowed for It's
consideration. A period CT forty five or
even sixty days hardly permits the mem
bers of the Legislature to become aequsint-
ed with their duties, and with each other,
before the time for adj ,urnment arrives.
If special session is called, everything
must be taken up anew, and the progress
made at the regular session Is III large part
lost. It has been suggested as an improve
ment on the proposed amendment, that the
Legislature, although elected bi-enniaily,
should sit annuslly, each sssiop to contain
thirty or forty-6ve days. Then any mat
tiers unfinished at the first session would
be taken up at the second just at the point
where they were left, and the members oil
the Legislature, in disposing OF them,
would have the benefit of q years refec-
ton and of an opportunity for consulta-
ton with their constituents The addl-
tional expense Of this plan would be
trivial, and would be much more than
compensated by the labor and time
saved.
That the plan of codifying the general
statutes, so well illustrated in the Code Of
1s49, has on the whole met with the ap-
probation IF the people, is manifest from
the closeness with which that model has
been followed. 1t is true we have abspd-
oned the logical division into titles which
is found in that Code, bat it's division into
chapters has been almost slsvishiy fol-
lowed. The general framework OF that
Code has been retained. On some topics
as for example, railroads and other cor
porations, there has been much legislation
which necessarily was crowded into chap
tor 81 of the Code, butlthe proper arrange
ment of which would seem to call for
several chapters. So it is with some Sec
tions of the Code. Section 81 Of chapter
20, relating to the taxation OF railroads, Is
really chapter by itself, both in length
and importance. 1t occupies five pages.
The awkwardness of this is manifest when
such section is to be amended, as under
the very proper provision of our Constitu-
ton, the amended section must be recited
at length. This suggests that whenever
the Code shall be revised, each chapter
and each section should be made as short
as possible, so that amendments might
thereafter be made without seriously
affecting the symmetry of the work.
Other instances may be given of the
straits in which our lawyers have been put
by the supposed necessity of adhering to
the chapter numbers of the Code of 1868.
Thus the provision about homestesds has
gotten into the chapter on Sheriffs and jail
ors, and quo warranto has been coupled
with mandamus, and certiorari with pro-
hibition.
The useless clause repeating all acts and
part of acts, &C., 80 carefully expelled by
the revisors of the Code of 1S49, isagain
creeping into the Code as now amended.
So far as the arrangement of the chapters
of the Code is concerned it has been made
manifest that the alphabetical arrangement
will never supercede the logical in any -
ture revision.
The English are far in advance of us il
the art of legislative expression. 1t has
received the attention of able men, and the
result is that an English statute is now ex-
pressed with admirable precision. There
is an Euglish text book on the subject,
"Coode on Legislative Expression" not
very long, but full of thoughtful sugges-
tions. 1t has been printed in this country
as volume 60 of the Law Library, and also
as preface to Purdons' Pennsylvania Di-
gest. There ought to be new rule OF the
Legislature that some such treatise as this
should be read before that body, like
Washington's Farewell Address.
The important part of law book is the
index. In this respect he volumes of our
statutes, whether codes or session acts,
have not been fortunate. The indexes
have often been meagre, and sometimes i'll
arranged-even the alphabetical order be
my violated. The index to the Code OF
1858 was thoroughly done on its plan, but
the plan was ill-advised. 1t seems to have
been modelled after the index to Robin
sons Old Practice, which occupies about
one.fourth the space of the whole work.
Such on index needs to be indexed. The
word is misnomer as applied to it. 1t Is
q full table of contents alphabetically ar
ranged-a digest, not an index. 1t tells
approximately what the law is as laid
down in tine book. But neither lawyer
nor layman wants to know approximately
what the law is, either from the book or
it's index. He wants to know exactly
what the law is in the book, and wants an
index to tell him quickly where it is to be
found.
West Virginia legislation is not without
its manifestations of oddity and humor.
Section 7 of Chapter 81 of the Code and
Section 8 of Chapter SO, relating to the
effect of protest as evidence, are nearly
identical. Section of Chapter so, relat-
ing to the subscription by one corporation
for stock in another, is reproduced verbatim
in Section 3 of Chapter So. 1t does not re-
quire much insight to perceive that two
Legislators with great respect for their own
opinions have differed about the location
of each of these sections, one advocating
one chapter and one another, and have
compromised their differences by putting it
in both places.
The Webster county dog law, in the acts
) of the extra session Of 1868, ia the first
statute known to have been passed IN the
interest of the Society for the Prevention
, of Cruelty to Animals The elaborate side
notes, and the index reference to dogs
} sad fate OF, in Webster county" show that
, the fun of this act did not 90 wholly un-
: appreciated.
The well worn bill to prevent the own
ers of hogs from running at large, and
? other manifestations of humor, voluntary
and involuntary, can be recalled no doubt
by the many members of the Association
who have been in the Legislature. And
by the way it is the duty of every lawyer
to 90 to the Legislature once, and no more.
On the whole the question Of coditica-
ton has been rightly answered in
West Virginia. In our legislation
we have been conservative both Of
principle and procedure-both Of sub
stantive and adjective law. The excres.
cepces of the common law have been Topped
9 off, and the branches trimmed this way and
that, but the sturdy trunk stands un.
: broken, shelteripg civilization unequalled
! in all the history of civil codes. A great
D American lawyer has acutely drawn com
8 parison between different countries which
shows the superiority of government