The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1890-01-02
LEeAL PROCEDURE.
some Suggestions 10 the Lawyers in the
Legislature.

Some Suggestions Ia the Lawyers IN the
Legislature.
SEATTLE. JAN. |.
To fHE EpITnR constant reader OF the
PesT-ISrEItIGl.ScER who has resided in
Washington loag enough TO have q right to
think be knows something of the needs Of
the state IN respect OF the system OF meme
dial statutcs--code Of proceddre--to be
adopted would like TO offer suggestion or
two on that subject
IT may as well be understood all round
that the lawyers will dictate the
remedial statutes. They always have
done so, and they ought always
10 do 50; for Of this branch OF
statutory law thev alone have accurate
knowledge, and ia the nature OF things IL is
a. certain that no other class ever win have
the special knowledge required for
legislation on this subject. as it is that civil
engineers viii continue 10 monopolize the
special knowledge requisite 10 the lay
ng out and building OF railways. | will,
therefore, be excused for addressing my
tentative suggestions especially to the con-
sideratIon of those members Of the legis-
lstHre who belong 70 the legal fraternity.
The state OF Washington Is a suitable
field for effort ia the direction OF simplify
ing legal proceedings, because 1t is admitted
on all hands that important changes OF the
code Of procedure are itnperatively de-
manded. The best place To inaugurate re-
form on any subject is that place where, in
any event. there is 10 be a change from
present conditions. That Is exactly the
situation In this state at the present
moment We have outgrown the old terri
toriai code. and we have emerged from ter
ritorial pupilage. Being clothed in the
garments Of statehood we are called upon
To adapt our laws 10 new conditions. This
gives the best possible opportunity for re.
form wherever reform Is needed.
In 1916. under the guidance of David
Dudley Field. one OF the clearest and
strongest and orayeSt inteilaets th at ever
adorned and digniiied the legal profession,
the legislature of New York did the bravest
thing recorded la the history of inrispru-
dence since the tine of Iustinian: it
brushed away, at a single stroke. nearly
the entire mass OF cobwebs that had en-
meshcd and enervated the administration
OF justice. Time honored distinctions
which had done service as snares and
Pitfalls" assumsit, debt, +" '.replevin, ("
"trespass," "trespass on the case,
stToyer." ''ejeetment"--in the technical
meaning which these names had acquired,
and the technical use 10 which they were
put disappeared from the law; aud with
them went whole brood of cgmhrons tic-
tons that bad fastened themselves upon
the practice OF the courts like harnacles
upon a long neglected ship. Judicial pro-
ceedlng 1t once became an intelligent and
ineligible essay toward the settlement OF
disputes on the principles of justice instead
Of an arena for the exercise Of skill and tn
genuity in wrangling over words. OF the
meaning Of which the parties interested
had little OF ne idea. The law rose al once
IRON logom1sehy 70 moral science APP
piled 30 human Affairs and took its place
On the plane To which it ad been preceded
hy the enlightened courts of equity.
This splendid achievement is generally
sssd rightly attributed 20 the adoption Of
She Code OF Civil Procedure in which
New Yogk hrst found the path that the
other states we're 70 follow: bat il vas in
fact accomplished hy less than dozen
brief sections Of the code, al the rest being
nsefsly the details hy which the great
reformation was "a he conveniently ana
smoothly pat Ia operation.
The distinction heretofore existing be-
tween forms ~ aeliosss at las i abolished.
ahd hereafter there shall he bal one form
81 action az llw. for the enforcement OF
private rlsats aad the redress az pri.
xase wrongs This Was the sweeping last.
guaee wslh which the New York legislature
opened Is proclamation OF reform, ana 1t
has iessn coEied with bat slieht verbal
alterations III the codes oJ states down 60
The present hme. Eyen EaglAna. from
whoga We bad inherited The asoss-covered
techR}caEtlss and Sstions. hsS fos1owesi
the lead q her rAld
Thea. sg7er = tew sections prescribing
and regulating the limitations az tine fog
commencing actions al 81 wblca was aif
sablecs Eaaltsg auotbsr heap ct fuao3sh
and deaf wefsht vas hova overheard 81 A
nEEveas aecislrss8sa thSs ever Aeison. ex.
cepg in cases of express EFass. shoaia h.
prosecuted n the name q tse real party in
satsFest 10 tAs iaymsn sbls aoss rot
uaean very ulseh, os Il means uofhias very
3eaasgs oss 60 ths lawyer Il s:Fniaes tae
sas3sx Il straight goa.s u 3astsce, Instead
* ge6ng hy TIE esrsGtaas ami obscrrs.
path OF AZ Aelson u sAa aAase 81 . uersoa
wao has 10 Interest la The result, In ssraer
50 s~caTs she rights 81 TIE person wha hss.
The ronFts of s4slsg had already ssen shss
sv3 an3 rasske3 i gov iesSTazt5an- hv
E&0s NtS4 "a fEak0 s. &A&s EssSs Tie CF&FtN az
lAw causs pfyaoance no Judgment against
i. TAey we're toagne-tsea BY nseee3eat
A l4stle farther On. the aaSsreg tie code
II swa ~ thrse sections, did HE rest Of ths
wogA. TAe eaaYaaSat. Is was declared.
r. ass ee statement It tsa facts es1assi.
fgttog eAe eaHSe S arsaan. without IN
necessary rsFatsssea Is uss the fasss sAsi
wwss Ee bs SISTED n<f seEases aas8s4s s-gs.
paxs @Es 81 iagmsss. promises 800 hs4
oaly BSsa mass b xuHr rssaa fsszss
thst aesss wire ia fses sxeeusss4. ard s'sn.
tg1ss aass eastnSs Ea&t hzA sever eeeuxrea.
sa& I've faets Enast he ss2s25 wi8Aaas "a
ssexssaga Fsgasssa-~a s2NnsSEY disposal u
tAs saEas<sszs aad saislek1gng ~oozA acc
essaass. - leN&as 0s w4seh Il ~as eassa.a-
as e. aEaks substantially hAlf a agzeu
csgs ~ szssss- at ieass i've * whteh wese ga.
sgee-sa essaes q aaAke sure q Eesstne tae
Tl<As s. pzgTs ssaesa oss.
Aae aex H stsp w&s for saas defendants 4,
ksNN Ii Ae iAsxAeaa De rsaass STATE 50 Il.
~ Language AaY zaasssg eSazss 4. ssssg rs