The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1894-04-06
OF COOIFICATIOA.
Address by Ex-Chief Justies wade
Before the Helena Bar
Association.
Everybody but Judges and Law
yors Presumed 10 Know
tho Law.
Yet There l. no Ons. However Learns"
He May lie. who Does Really
Know nc All.

na meeting Of the Helena Bar assoeia-
tiop. held last night In she United stAtss
court room in she Gold block. an add ess
entitled The Value OF Codihcation" vas
Rad bv Hon. II. :. Wade. eK-ohisf justice
Of Montana Territory. As showing the
necessity fora codihoation Of the laws OF
Montana statutory and common. she lndge
ssid. Ia our country all persons OF tuh
az. and sound mind and memory. except
iudees and LAWYERS Who make the Law their
life study a q eonclusvsly presumed ,o
know the law. Their rights are adjusted
their liabilities n1ed and their oondno'
regulated. uron the theory that they are
informed AZ 20 all their legal rights ana
dutieA and 80 to the consequences OF al
their acts. aud 70 the same roint be SAID
There 10 no person In the country. how
ever learned he may be. who knows al
the Law. but there 10 no Pc
son, however ignorant be may
be, who is MOI presumed 20 know all the
lAw and TO regulate his conduct accordingly.
Not only IL he charged with a knowledRe OF
that email fraction OF the Law which 10 con-
tanned in our consultation aud statutes. bat
With the whole body OF the common Law"
or the common law. and the difficulty in
finding aud learning H. be said: 1t Is case
maze law, and 10 evidenced BY the decisions
OF the courts OF England and America, and
Is contained in seven thousand volumes OF
reports covering q period Of thousand
wears" In these volumes" be said, I'VE
End decisions contradictory and irrecon-
cilsble; decisions overriding. modifying,
limiting or enlarging other deeisionsi right
dsoisions supported by wrong reasons and
wrong decisions supported by good reasons
by technioalities or by no reasons al ALL
and decisions that deeds the same thin
over snd over again"
After showing the necessity for some su-
thoritativs statement Of the common law.
such a. contemplated in oodinOation, the
condition Of the Montana statutes was con-
sidersd in a critical review Of their growth.
A few of the most patent contradictions in
Montana laws we're pointed out and some
uncertain and inhATmonious sections re-
ferred 20. or the purpose and scope OF
codincntion, the speaker said, IN substance,
that the statutes enacted by our legislatures
should be grouped and arranged, logically.
with repealed and cOntradiotOrY provisions
omitted and with general proyisions sub
stituted for special enaotments. Wherever
poasible. or the codihcation Of the com
men Law he said; "COdiroation, as 1 IN
derstand it, was never intended to change
the law, its only purpose being TO hunt mp
gather together and put in form that which
the coufts have declared to be she law. and
10 make certain that which by the deciaiOns.
from conflict or Otherwise, IL doubtful or
obscure. Any settled principle OF sue law
may be easily reduced 20 the form OF a
statute, and any uncertain or doubtful
triuoiple may be made certain IN the same
name. THIS work has been undertaken
ami has been performed. David DudleJ
Field spent sue best pat Of a lifetime In
me work, and produced = civil code. which
more than twenty years ago was IN sui
stance enacted into Law by the Legislature
OF California, aud which has been perfected
and improved by the eXperisnee OF nearly
a goa trr of a century"
Speaking OF the work OF the code COM
N ssion Of which be was the chui man, the
iuics saId: 81 am nUt vain enough 10
,hlnk that the fouf codes are perfect and
complete, bot / do think that tney are not
incousistent or contradictory. believe
that II they were adopted they would set In
motion the governments OF state, county
and city witLout ia. or friction. and thal
officers, JUICES. lAwye aud people would
be Glad 70 nnd the statutes OF she state
pio.srlg classified aud oomplsted, and
easily found AMI undo stood" de urged
upon the members of thu legal profession
a careful examination OF the codes pre-
pared. and some action n on their part 80
romots the adoption of the work Of the
commission, or IN some other manEer u
reduce ouf existing statutes 10 sIetem
anu Tree them from contradictions and IN
csrtaintisa