Omaha daily bee., 1896-02-25
COSTLY CODE COMMISSION
Iowans Beginning to Figure Out What the
Revision Has Cost So Far.
EXPENSES FAR BEYOND THE ESTIMATES
Comparison of the Commission of
1871 with that of 1898 Does Not
Show In Favor of the
Latter.

is a general feeling throughout the state that
the taxpayers have paid too dearly for the
report Of the Code commission. This feeling
is shared by many members of the legisla-
ture, who believe that the revision should
not have cost much, II any. more than 1t did
in 1873 The law which created the Code
commission of 1873 was passed by the legis-
lature in 1870. 1t has been asserted that the
act creating the commission of 1895 was al
most identical with that of 1873. but COM
parioon Of these statutes shows that this Is
not true.
In the former revision three eminent law
yers constituting the commission were named
in the bill itself These were William III.
Sewers Of Mahaska John c. Policy of Clin-
ton and w. j. Knight of Dubuque. Section
OF the act of 1894 is an almost exact copy
of the law Of 1870. showing very clearly that
the author of the bill had this statute before
him when it was drafted But here the
similarity is at an end The three commits
s!oners were prohibited from beginning their
work until after the general election in 1870,
which occurred in the early part of October.
The first part of section reads as follows:
They shall by July 4, 1871 complete the
duties assigned them, make report to the
governor of what they have done. what
omitted, and what amendments and further
Legislation they may deem necessary.
HeS small write out IN tulI ana emDOuy
in the latter part of their report such sec,
tions as they recommend shall be added to
the statutes.
Section 8 required the governor to print
and distribute the reports in much the same
manner as the report now under considera-
ton Section provided a compensation Of
$40 per day and 10 cents mileage each way.
but did not specify the number of hours con-
stituting a days labor. Section required
the secretary of state to furnish the necessary
stationery. No provision for clerk hire was
made
1t will be seen that three men were re-
quired to finish the revision in little less
than nine months. performing all of the
manual labor of writing themselves or em-
ploying clerical assistance at their eX-
pense The data giving the total compensa-
tion @: those commissioners is not at hand.
but it could hardly have exceeded $4,000 or
$1,000 each.
OF course the code is somewhat larger than
it was in 1878, and there were probaly more
session laws to examine and comparisons to
be made, but the increased facilities that
now exist for handling the work easily and
expeditionsly should be kspt in mind.
So far as Known there was no complaint
that this commission had exceeded its
thority though the leg stature was unable to-
give the report due consideration at the reg
ular session, and madst he reunion the mat
ter of special considered consideration at an
adjourned the session convening January Is,
1873, and closing up its work February 20.
The cost of this section approximated $1,000,
but the work was well and CAREFUL done.
The cost cf this reunion, includ ng printing
and everything did not vary much from
$50, 900.
CREATED THE 1895 COMMISSION
The bill creating the commission which
has just completed its labgrs was intro
duced by Representative TreWin of Allamakee
and was passed by the house with little
or no debate as substitute for bill in
trIuppd hy Mr. Reai nj Au1ubop tn oo
codefy the school laws. The method of se-
Letting the commissioners objected to,
but withdrawn on the suggestion that the
supreme court would probably appoint the
author Of the bill as one of the commits
sion, which the Legislature could not le-
gally do
The house journal shows that little, If
any, attempt was made to amend after the
substitution was made, and the measure
was passed under a suspension of the rules
by an apparently preconcerted rally Of all
the friends of codifcaton under the
gurance that the cost would not exceed
$50 900.
The act provided 'that a nonpartisan COM
mission, consisting Of five persons, two OF
whom shall be appointed by the house of
representatives, one by the senate and two
by the supreme court. is hereby constituted
for the purpose of revising and codifying the
laws of Iowa and reporting necessary and
desirable changes to the Twenty-sixth gen.
shall be learned in the law and three OF
them shall have practiced law for at least
ten years. Section referred to time OF
chOsing the commissioners. Section pro
yided for the members being duly sworn.
Section reads as follows:
Said commission shall carefully codify and
revise the laws of Iowa and shall rewrite
the same and divide them into appropriate
parts and arrange them into appropriate
titles, chapters and sections. Omit all parts
repealed or obsolete, insert all amendments
n ND Tlnl. thaal Ia Nat Sni ,tt,i-
sioa shall have power to transpose words
and sentences arrange the same into para
the phraseology and make any and all alter
ations necessary to improve, systemze, har-
monize and make the laws clear and intel
They shall omit from said revision all laws
relating to the apportlo iment of the state
into congressional. senatorial and represen-
tative districts and all references to deci.
sions, notes OF their own report, that Of
any former commission.
Section g provided that the commission
should enter upon the discharge of it's
report showing what changes have been
made, what statutes omitted. and what
amendments and further legislation II may
deem necessary shall be completed and
printed before the first day Of November,
1896. Each member of the Twenty-sixth
general assembly shall have two copies.
Section 6.Each member Of the commission
shall be allowed So per day for ,. each and
ployed in the discharge Of the duties OF said
commission, together with all necessary
travelling expenses. to be evidenced by
vouchers duly verified and filed with the
secretary of state.
Section authorized employment Of clerk
or stenographer at Sc per day and expenses
and required the executive council to audit
all bills connected with said commission
and when approved shall be paid. Sec
tion authorized the supreme court to
fill all vacancies. Section . provided that
the act should go into effect at once.
The house selected Hon. John Y. Stone.
attorney general, and Charles Baker of Iowa
City as members of this commission. The
oenate chose Emlin McLlin OF Iowa City
and the supreme court appointed II. s. Wlns-
low OF Newton and II. r. Dale OF Des Moines
TO complete the board This commission en-
tered upon it's work about the middle Of
June, 1894 but instead of appointing sin-
gle clerk and proceeding to act together. q
majority voted to divide the work into five
parts In order to expedite business and also
divided the pay allowed for clerk In the
same manner.
DECIDED TO CHANGE THE STATUTES
The commission also determined, John Y.
Stone dissenting to incorporate their recoms
into the body of the code II.