The morning call., 1895-01-15
OUR MUNICIPAL LAW.
Origin and Progress Of the
Civil Codes.
METHOD OF CODIFICiTION.
An Able Paper on Existing California
Statutes.
TIMELY IMPROVEMENTS PROPOSED.
A Standing Commission Favored to In.
yeStigate Laws Before Legislative
EnaetmentS.
TIMELY IMPROVEMENTS PROPOSED.

day night, were treated to very able and
exhaustive address by John ]. Boyce of
Santa Barbara on the codes and the munic-
| ipal law of California. By his address Mr..
Boyce shows that he has comprehensive
knowledge of his subject and has protited
| by profound research on those lines which
called forth the ablest efforts of the great
estlawyers, like David Dudley and Stephen
J. Field. The knowledge he displays of
the rise and progress OF codified law is very
minute, both in this and other States of the
Union.
In treating of the present condition of
the codes, he mentioned several novel yet
broad ideas which have excited great inter-
est among the members of the Bar Asso-
citation. Mr.. Boyce was especially called
from Santa Barbara to deliver this address
So much were the members interested in
the views of Mr.. Boyce that they viii fur
Their consider the subject ON next Saturday,
when some definite results may be taken on
the lines suggested.
In speaking of the origin of the municipal
law in California the writer said: ''Single
among her sisters, California never wore
the swaddling clothes of territorial life 3;
but, under the mystic touch of the golden
rod of '49, she sprang forth, like Minerva
from the brain of Jove, armed in the full
panophy of statehood"
| He then refers to the constitutional con-
vention of 1S49 and the first Legislature of
| 1850, in the personnel of which was an OPP
portunity to build an Anglo-Saxon COM
mon law castle of liberty on the broad
| foundations of the civil law of Rome. By
this means happy features were added to
| the substantial law Of the State.
He spoke of the adoption of the first
practice act, which was a copy of the Code
of Procedure framed by David Dudley
Field OF New York. In the following
| Legislature, 1851, the practice act was re-
vised by Stephen ]. Field, and so great
were the merits of the revision that it
stood until 1878, when the present Code of
| Civil Procedure was passed. In that year
California, with her accustomed speed,
advanced beyond her teacher, the Empire
State, and adopted the Political Civil and
Penal codes as well as the Code of Civil
Procedure, thus becoming the first State
in the Union to enter the lists as the expo
nent of the code system in its entirety.
After speaking of the codification of laws
in other States, hesaid there was no higher
proof of the excellence of the reformed
American system of procedure than the
adoption in 1878 by the British Parliament
of plan which had been enjoyed in this
country for more than twenty years. He
spoke of New York drifting behind, as re-
CARDS improving her system, notwithstand-
ing the energetic protests of Dudley Field,
and stated that SO bulky had grown the
New York code that in April last the State
Bar Association had memorialized the
Legislature for the revision and simplifi-
cation of its unwieldy municipal law
volume. From 473 sections the volume
had grown to 1907 sections by legislative
enactments, and its classification of topics
had become neither practical nor scientific
The legislative history of New York
showed how easy it is, by pursuing a
wrongful method, to drift from the path of
progress into the ancient ruts of legisla-
tive thinking. This is not confined to
New York, however.
"By keeping touch with the progress
made in the States" said Mr.. Boyce, COM
ing to an important part of his subject, "as
well as by carefully studying and observ-
ing our own needs, a permanent commits
sion alone can keep the law abreast of the
times. All human laws, ever in the
future as they have in the past, must be
changed and modified TO meet conditions.
That the laws OF the land should be known
to all who are to obey them and
known beforehand would seem to be
political axiom. But in practice this is
disregarded. The laws delay, the miscar-
H.
and inaccessibility are deemed by the I'M
thinking to be faults of the profession and
not of the system. The law is the one
human power to which the American citi-
zen submits, and he is entitled to the best
that human knowledge, industry and ex-
perience can develop or create.
california owes to her people that she
be true to herself and not turn back. but
steadily advance toward that ideal perfec-
ton which codification of the law seeks to
accomplish. In order to fulfill their pur-
poses codes must be improved, amended,
pruned and constantly corrected, that they
may advance with our growth and
strengthen with our strength
"a permanent standing commission is |
the only remedy and relief out of which |
such improvement can be expected. Such
a commission should be non-partisan and |
ought to represent the separate interests of
the State, as the State is SO divided as to
represent different interests, as mining,
agriculture, cattle and fruit"
The commission should possess the func-
tons of that recent invention known as
the Legislative Counsel for examining
and revising bills presented to the Legisla-
ture with a view OF their being put in
proper form before passage They might
act with joint standing committee for
the revision of bills to be supported by'each
branch of the Legislature, at the opening
of each session. somewhat similar
system is now in force in New
York, and the Commissioners when
requested act as the servants of the
Legislature in drafting bills, and during
the intervals between sessions they have
been the general depository for sugges-
tons and needful changes of the law. The
commission should be an open tribunal
for the advancement of jurisprudence and
law reform. Being constantly in ses-
sion, it might receive suggestions as to
needed legislation from whatever source |
I how nj icrIt oris