The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1896-12-17
AMENDMENTS TO THE CODES.
Results Of the LabOrS Of the Code Com
mission.
Many Important Changes Recon-
mendoza Synopsis OF What
the Report Contains.


The report of the California Cooe
Commission, containing many proposed
amendments to the laws of the State, Is
now In the hands of the State PRINTER
and will be ready for distribution WITH
in a few weeks. The report is signed
by Ryland B. Wallace and j. G. Daly.
Judge Baldwin, the third Commissioner
was too ILL at his home in Stockton dur
ing the past few months to attend the
meetings of the commission, so that the
work devolved almost exclusively upon
Messrs. Wallace and Daily. The report
Is quite volum nous, but care mas oeeAi
taken to treat each subject as caTeIully
and briefly as circumstances would per-
NIT, says the San Francisco Bulletin
which paper has had access thereto.
The proposed amendments are IN
many respects important, and all Oh
them directly affect the public. the
Commissioners had to grapple Win
many abuses, and the result Is several
innovations that will be appreciated by
the public at large. The Penal, Politl-
cal and Civil Codes and the Code on
Civil Procedure were thoroughly DIS
sected with a view to haImonlzlng
conflicting sections and making amend
ments which are absolutely necessary
In the treatment of the POLITICAL Cooe'
the sections relating to the revenue
laws were omitted altogether, 1t pelng
the intention of the commission TO treat
Of them In supplemental report
To the Penal Code numerous amend
ments are proposed. The more I'M
portant are those designed to facilitate
the administration of the criminal laws.
Under the present law there seems 10
be no limit to the delays arising from
appeals to the higher tribunals of GRIM
finals. One amendment proposes to dis
pense with the customary bill of eXcep-
lions ON appeal in capital cases. 1t
provides that the shorthand reporter Is
to file his notes of the testimony, duly
certified, when the appeal is taken.
These notes are to be corrected by a
motion made within ten days after the
notice OF filing such TRANSCRIPTION mas
been made. The Judge will be required
to hear the motion and determine II. II
he orders a correction OF the Trans
eruption, the clerk must do the WORK
A printed copy will be delivered to bne
appellate court within twenty days az
ter the correction of the notes. ms
amendment, If adopted, will result LII a
great saving Of time. without interior
ing with or curtailing the rights OF the
appellant.
Another proposed amendment WILL
work a marvellous change In the num-
Der of appeals which are reversed be-
cause of errors made in drawing up
the appeal. The amendment provides
that on appeal errors shall be deemed
to be harmless, unless 1t can be shown
by the record that such error viii work
an injury to the accused.
The third important amendment IL
one allowing the use of the court re-
porters' notes of testimony given at
trial on the second trial OF the case. Al
present, the record Of the first trial CAN
not be used in evidence at the sec
ond, thus often retarding justice. The
amendment Is designed to permit the
use Of testimony given by witnesses
who are unable by reason Of death or
some other cause to be present In court
at the subsequent trial.
Animportant amendment recommend
ed Is that permitting jurors who have
been sworn to remain from the court
room until the entire panel has been
accepted. This hardship has been fire.
quenty borne by talesnan in notorious
GASES. some Of whom have eenreQuired
to attend court daily for weeks during
the examination Of jurors. The amend
ment Is considered by the commission
ton
l. 1Hnx - ~ AYTHA
to limit the grounds upon which Jurors
may be challenged. It provides that 1t
shall not be a ground for challenge
when a Juror admits that he has read
Newspaper accounts OF cases about to
Be tried II no testifies that he can and
D willing to give the defendant fair
trial. The assent OF the court for the
retention OF a Juror challenged on this
ground must be secured.
The hnal amendment Of Importance
to the Penal Code provides that court
reporters must make notes Of all that
q satd during a trial. and not only Of
such matters as may be agreed upon
by counsel, an Is the case at present
The amendments to the Civil Code
ara numerous and important. One Of
interest to the public Is that relating
to divorces. AS the law now Is, If
man fails to provide for his wife. and
Il she earns her own living, she cannot
secure q divorce on the ground Of fail
ure to provide. The amendment gives
her the right to a divorce on the ground
OF failure to provide whether she earns
her own living or not In this connec-
ton another amendment Is proposed.
At present q wife living apart from her
husband has a right to her earnings
as being her separate property. This
"a deemed unjust, and the commission
now offers an amendment that the
wife's earnings shall not be her sepa-
rate property unless her separation
from her husband is due to some fault
of his own
The law as 1t stands at present re-
quires the wife to join with the hus-
band in every conveyance of commune
~ property This Is not the case in