The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1894-12-27

and All OTHERS who Have to Consult
the Laws-Hon. e. Dudley Freeman the
Author.
Mention has already been made in
the PRESS to the work of preparing
supplement to the Revised Statutes OF
Maine, begun by Hon. E, Dndley Free
man, several months ago. The Statutes
of Maine were last revised in 1883, and
published complete in book form. Every
legislature since has amended and added
to these statutes, until the book of 1888
is of little use except as supplemented by
numerous annotations, such as lawyers
alone are al ole to make. Mr.. Freeman's
supplement- is designed to remedy this
difficulty without putting the state at
this time to the expense of general re-
vision. Speaking of the work, Mr.. Free
man says:
IL began the work to supply con-
stantly recurring want in my own prac-
tice. The public laws enacted since 1888
comprise over 700 printed pages, and
while every lawyer annotates. his Revised
Statutes. about every one fears less he
may have overlooked some enactment.
When my book is printed, one can place
the consulted chapter of the Statutes
side by side with the corresponding chap
ter of the Supplement and see at a
glance the present reading of each sec
ton that has been in any way changed.
and find also references to the year,
chapter and page of the public laws
which amend it. New laws have placed
under the chapter heading, which
seemed most appropriate, as "acts ad-
ditional to the chapter. IS
"In reading over the public laws for
ten years past, word for word, have
found good many discrepancies; but it
is not posi- BILE to say how many are err
rors, strictly speaking, and how many
are Intentional variations. 1t is not I'M
usual to find an enactment reading as
follows:
"Section of Chapter Tor whatever
the number may be) of the Revised
Statutes is hereby amended by adding
thereto Tor emitting therefrom] the fol-
lowing words, etc., etc., !" SO that said
section as amended shall read as fol-
lows"
"And then will follow the Sc ction
changed by the addition or emission of
something quite different from the
promised amendment. Another not un-
common occurrence, where the section
has been amended by nearly every legis-
lature since 1883. is to find the last
amendment grated on to the section as
amended, say in, 1887, and omit, in the
recital of the section "as thus amended.
any reference to an amendment framed
in 1889 or 1891.
GAS the preamble in such cases never
states an intention to omit these other
amendments, it is fair to presume that
they were overlooked, although it would
seem the easiest thing in the world to
smuggle in a repeal of, or an amendment
to, some part Of section. The case Of
Howard VS.. the Bangor & Aroostook
railroad, reported in the last volume of
Maine Reports, arose out of discrepan-
cy between the amendment and the re-
cital of the amended section in chapter
| 95, Laws of 1891, and the court held
| that the recital and not the amendment
must be the law; SO that these difference
| es become of great Importance and
ought to be strictly guarded against"
at would seem easy enough tosprevent
| such. things. lean cite you number of
discrepancies which should have been
discovered by the committee on bills of
| the second reading. if by no one else,
only we all know that the reading COM
mittees do not, as rule, take their du-
| ties seriously. A special committee of
lawyers, or if necessary, permanent
| commission, as in England, should
critically examine each bill before it is
| favorably reported, or even before
| it goes to it's regularscommittee. with the
sole purpose Of comparing it with previ-
| Gus legislation on the same subject, and
| OF so wording and punctuating it's phras-
es that it shall not be hindrance, but
| a help to those who want TO know the
| law.
GAS it is now the Law Court does much
| of the disentangling which might thus
| be avoided
81 have not undertaken revision of the
Statutes, in any sense: that would be
wholly out of place in an unofficial
work. But the next revision will be
| greatly simplifed, and cost tho state
much less by the publication of the sup
plement The profession, too, will not
| have to wait the several years which a
revision would require. as hope to have
the book ready in July next. With the
exception of the laws of 1895, which l
intend to incorporate into the book, and
the very important work of preparing a
mprehensive index, the work is done.
"If am to judge by the kind things the
LAWYERS of the Cumberland Bar have
said to me, and from the many letters
have received, both from our judges and
lawyers throughout the state, it will be
very favorably received. I only hope it
viii be as serviceable as they seem to
tbink'it will be-"
Presentation to Past Commander Carney.
One of the pleasantest incidents of the