The Democratic press. [volume] (Ravenna, O. [Ohio]) 1868-1901, 1889-04-18
The quaint wording and technical

of curiosity and wondefment to the OBJ |
While the language embod-
I'd ia civil writs has been tinctured
with the literature of the present age,
aud shorn of it's ancient tautology and
excessive verbiage to avery appreciable
extent. that of the ones used in the
criminal branch of Jurisprudence is as
and useless surpiusage. re-
tai 1ing the extreme prolixity of com.
position and precision of uSi erance
In minor and uuimpnriant details,
deemed necessary in early times. 20 inn
press the people with the majesty of
the law, aud inspire them with pro-
founder reverence for it's mandates.
TO say that an individual with
force and arms, unlawfullv sold liquor,
contrary &c, y, would indicate those
unacquainted with the peculiarities of
legal nomenclature something akin to
securing customers at the mukzle of
revolver, and the unfortunate victim
of the Dealers enterprise" would re-
ceive thesympathies at once, and in
dignation at such outrageous action
would equal the regret at the laws vi
olation, or concern for is's vindication
Reluctance in relaxing old customs
is probably wise characteristic of the
human race bat the good sense and
intelligence OF the 10Th century has no
use for antiquated nonsense found in
the productions of an age when, by
reason of ignorance and Intellectual
weakness, the simple minded people
respected thing only as it abounded
in mystery their obedience being
measured by their superstitious regard
for the " divinity" of the statute evil
denced to them by its framework OF
bewildering complexities.
The Leople OF today are actuated in
correct conduct mainly from princi
and the dictates of an enlightened in
teIligence that teaches them the ad.
vantages of morality, and the plain. /
and simpler the laws. the greater re
spect they receive, and the more eff
cacious do they become.
The average n merican despises form
and ceremony, and is very apt to man
ifest his contempt for them wherever
they appear, and so far from conveying
any additional solemnity or dignity to
him by the use of peculiar diction and
supersbundance of words in legal
enactment, it is an indication to him
of an Inherent weakness in the meptal
capacities of hs author, as a conse
quence rendering it of less value than
the plainly worded measure.
The legal fathers of old framed theil
laws in the language best calculated tC
secure obedience, thereby proving theil
wisdom and ability to take advantage
of whatever weak element they saw
in human nature Of that day.
Did they live in this day. it is very
questionable, to say the least, whether
they adopted the former profuseness
Certainty as to intent and meaning
is said to be the object sought in the
multiplicity of words, bat rarely Ii
that desirable result attained In thi.
manner. Departure from the channe
of breyity invariably tends TO confu
sion, and the clear, concise sentence i.
the one with as little composition al
is consistent with Interpretation o
meaning.
The code practice, which reduces ths
mRltifarious common law actions t,
one eiuii action, and eradicates from
the science the numerous pleadipgi
formerly in vogue, substituting in thei
stead the few now in use, was q wis,
and beneficial change, for by condens
ing the rules as far as possible, 1t rem
dered them easier of comprehension
at the same time recommending then
to the diligent study of the profession
Nothing is gained at the present da.
by unnecessary elaboration, fact rec
ognized in all circles of learning. Ii
presenting the results of his researche
and discoveries, that scientist viii
command the greatest attention wb'
expresses himself lii the fewest word
necessary to all understanding of bi
subject.
The legal fraternity have in year
past evinced hardness in conformin!
to this healthy sentiment, out of keep
ing with the genius of their nobl'
profession, but to-day probably th'
greater portion OF their number would
readily sanction the Introduction o
the knife in the tangled growth
abounding in some portions of thel
domain.
Probably the only available agepc!
in effecting the desirable change in tn,
criminal branch of legal practice will
be the Legislature, for the moment OH
jot or title of the ancient verbisge i
eliminated from an indictment or 9th
er criminal charge, some one moves II
"quash it, on the grounds of ins uffi
cheney. The result is the continuation
of the inelegant, cumbersome, ridicu
lous method of iniofuiDg an individ
ual that he is charged with crime.
There are curiosities and curiosities
but none bear more potent evidence o
primeval origin than the strange, un
couth criminal Indictment and its con
comitant writs.
Nothing would commend itself NOR
favorably to public appreciation or re
ceive more quickly the stamp of it
approval, than thorough revision o
criminal procedure, conforming it tC
the requirements of common sens,
and plain reason.
The Ohio Legislature adjourned OF
Monday.
Abel Lodge, treasurer of New Lis
bon, is a defaulter in the sum of So, 900
The Great South, publication al
Birmingham, Ala, lies on our table
II ia davoted 70 the industrial davel