The Ravalli Republican. [volume] (Stevensville, Mont.) 1894-1899, 1895-10-09
TIE BLAME FOR 1T.
10 Not Blame The Legislators For The
Defects III The Codes.


Defects III The Codes.
When a man is down it appears to
be human nature to give him a kick.
We are moved to q consideration Of
this rcprchensible trait Of humanity
by the tlippant abuse that has been
and is being heaped upon "the codes
and the last legislative assembly for
it's work in connection Herewith, by
The newspapers Of this state. It
seems to have become the fashion for
all, from the most obscure and infre-
quently published weekly, to the big
and influential dailies (this one ex-
ccptcd) to whoop up the codes and
the legislature every time they are
short Of matter.
Now, what are the facts in the
case. TO quote from the preface in
the Sanders edition of the codes:
'"i'!lc Legislative Assembly of the
/ territory of Montana, on the 14th
day Of March, 1889, thereto impelled
by the harrassing incolcrence and
ambiguity of the compiled statutes
OF 1887, created a code commission. :"
Senator. Sanders is a man who knows
the value and weight Of words, and
/ il there was no other testimony in
the same linc-Which there is /;
plenty-it may be accepted us a fact
beyond question that the compiled
statutes Of 1887 we're ''rotten' and
that relief from the absurd and veX-
atious thraldom imposed by them on
most eagerly desired. So the code
commission was created and put to
work, and in due time, and without
any suspicion Of Easty deliberution,
it reported in February, 1892, the
codes as they came before the last
Legislative assembly. We believe we
DO not misstatc the facts when we
say that these codes were in the gen
eral possession Of the bench and bar
Of the state fully nine months before
the legislature Of 1858 sat. They
were thus circulated, if we are not
mistaken, in order that the bench
and bar might examine them and
note errors, omissions and inconsis.
tencies, SO that the legislators Of
1893 might, in taking them up, act
intclligcnt]y. The record shows that
the legislature Of 1898 lodged tho
, issue, and, SO far as the codes were
concerned. refused to act, Intelligent.
~ or otherwise.
Still the wall of complaint Of tho
ulIitness Of the compiled statutes
} went up from every lawyer in the
state. and occasionally a blast Of pro.
fame condemnation from some lay.
man, who, seeking the law on some
ordinary question, found in the com.
piled statutes all kinds Of law, some
Of it favorable and some adverse tt
his contcntion. II there WAS any
one duty which the legislature OF
, 1895 was elected to perform, it was
to knock out the compiled statutes
The people claimed to know Whcl
iiov had had enough, and Wher
men in the least Iitigious walks OF
life raised up their voices to damn
the compiled statutes, it began tt
look as il there was a tide Of popular
opinion setting against them and If
favor OF the codes, Which-it is pro
per TO rcmark-had cost the state
several Thousand dollars, and, mine
YOU, had been in the possession o.
the bench and bar Of the state FOL
nearly three years, giving ample op
port,nity for examination, comment
and suggestion. We will venture
the assertion that in every county II
this state last fall, the bench and ba
urged the members elect Of the lcgis
luturc to pass the codes at the com
ing session. ''pass them first an(
amend them afterwards" was th'
sIlbbulcth: and nearly every mcmbc
went to the session with this dut,
firmly impressed upon his mind. II
make it still more certain that tli
WAS the desire OF the legal profession
after the legislature had convened
and preliminary steps were taken b.
the rppOsntmcnt Of Il code cOmmiltc
: the chairman Of that cOmmittc
wrote to every lawyer in ahc state
ask ING his views as to the wisdom o
: the plan then in contemplation
passing the codes and amending thcf
afterwards, and, we believe, receive
! almost unanimous assent to he Pre-
position. This course being decide
upon. then came Il discussion on tn
manner Of prssing them.
Smart Alccks now condemn tn
legislature for passing thea code
without having them read. Well i
h the abstract the objection is a goo
: one. but when it is considered tina