The times. [volume] (Richmond, Va.) 1890-1903, 1897-08-04

by the reforms In criminal procedure car
ried out by the last Legislature.
The body Of the paper j., from its
scope and design, Of interest chiefly TO
lawyers.
OF GENERAL INTEREST
It's conclusion deals with a matter
which will he Of interest TO both law
vers and laymen. and presents some in
teresting statistics. and We give II as
follows:
"Thls retrospect Of legislation since
the code though incomplete notices.
II is believed, the more important chan
yes in the law within It's limited scope.
Ii appears that while amendments have
been far too numerous and frequently
causeless, the body OF substantial law.
as comprised in the Code, remains un-
changed. The Code IS great work.
worthy OF the lawyers 20 whose profess
sional skill and industry we owe II,
and it will long remain monument 20
the ability with which they executed the
trust placed in them.
but we cannot assent 70 the propo-
sition that wherever the Code has been
mended il has been married. No hu-
man Code Of laws has ever been cast.
perfect when II was first turned from
the mould. Few and slight the defects
may be- but time viii surely develop
them for no production of the human
intellect undcrgocs so rigorous n test
as Code of laws Measured hy the
eyer-varyinc needs and contingencies Of
a highly complex social life daily subj
jected TO the close scrutiny Of a thou
sand acute minds 30 We're q miracle If
flaws were not detected.
And oven IL a code could be adopt-
"a. complete when enacted. the
continual progress Of civilization
introduces into the social econ
omy now principles. which must be
recognized by the laws. 10 is tho beauty
OF the common Inv. that being based On
natural reason. 70 Is flexible. and readily
adapts itself by analogy and judicial CON
siruction 10 the expansion and develop
ment Of society. Statute law. in the ma
ture "f things must from tima 10 time
demand Amendment 10 maintain its suita-
biiity 20 existing conditions.
Much animadvcrsion has recently been
directed against the Virginia Legislature
for careless and slipshcd legislation Tho
iaulD however. Is not a rev one. hut the
recent fate Of several acts which failed
70 fully carry ont the legislative intent.
from defect either in the title or the body
of the act. has attracted the attention Of
the bar and the public.
THE EVIL ELSEWHERE.
"Thc evil is not peculiar To Virginia. At
the meeting of The American Ear Assoc
citation, held in 1854. Mr.. Simon Stcrne. d
distinguished New York Lawyer. read Il
paper i'm which. after abiding 10 various
faulty acts Of tho New York legislature,
he goes on 10 say.
PEELED 20 use the veto power Co return 20
The legislature bills that were passed in
so siipshod manner. although possibly
meritorious in thcmsclyts that great COM
fusion would arise II they were permitted
90 become law. There were three notable
Instances of this i'm the very last session
of thc New York Legislature.
MANY of you VIII remember how a re-
cent North Carolina legislature passed am
act, designed 10 prevent au insolrant debit
or from making preferences in Dis assign
ment for the benefit OF DIS creditors and
when the legislature had adjourned. and
the act came Co bee examined, 10 was seen.
10y its terms, 10 prohibit the giving OF a
valid hen 10 secure am obligation contcm-
porancously contracted and the stoppage
OF the business of the State was only
averted by judicial construction.
And within the last few weeks 10 has
been announced that dn extra session OF
the New Jersey Legislature would Dee CALI
ed 10 remedy certain defects Zoo an ACT
which war rushed through during the
closing house of the session. without mo-
tlcinc several vital omissions.
1T is easy to point out the causes OF
these troubles. and it is comparatively
easy 20 suggest cures. far easier than ID Us
90 practically apply any OF the suggested
remedies.
Although we recognize IN an other
calhngs the necessity for long and care
nl special training. when We come 90 the
highly difficult and Important question OF
legislation. We take 10 for granted that
au men are endowed by nature with the
hieh order Of ability required for the
framing of statute law.
FRAMING OF BILLS.
"The official life Of the average NOM
Der II the legislature is short. \ man
who is serving his third term is a yclc-
ram. There are only FIVE members out
of the hundred composing the present
House of Delegates, who have served
more than two terms. and only aDou.
twenty five who are serving their second
term. and i'm the neetin- ana cphcmeral
state LEGISLATURES. with their short scs-
sious. the chrysalis period is brief and
the new member speedily finds the use
| of his wings. and saiiy disporis hlmsel u
i'm the sunshine of public attention ana
popular applause.
out Of the total membership Of the
House only about one-f0urth are laW-
yers. and j believe that 10 be ordinary
proportion.
"Durlnc the recent session Of the Nir-
o,uia legislature there were introduced
/ into the House about eight hundred and
rfr. buls and into the Senate about on,
| hundred less. many OF them vollmnious
n is no exasecration 90 say that 10 is ply
sicallv impossible f0r tie best-infOrmec
and most industrious LEGISLATOR 20 ever
read the bills that are laid before him
ina addition 10 the performance Of his
! other duties
.yThe drafting or n statute demand.
strictly professional aitanments OF the
highest order. For the draughtsmai
must express his meaning In clear anC
accurate language, not only so that the
reader may understand but so that he
must understand. but he must have
| familiar acquaintance with the common
and statute law upon ne subject WIZ
which no pronoscs TO deal else where he
hero builds q dyke. he may there Hood q
remote meadow which be had never IN
mind He may not even leave crack
or crevice into which tie wizard of con
struction may creep.
Mr.. Justices story has told ms that tho
| drawing of a. well constructed bill IN
equity requires great accomplishments
and tho endowmcnts which belong only