Lewiston teller. [volume] (Lewiston, North Idaho) 1878-1900, 1899-01-07
A Code Symposium

Wv h'AN IiIFSiS1 - '4l iSN't'l 80 nav
ing said something must he done to give
us an ineligible code.
w. Il. Hepburn has prepared bill and
referred it to the law-makiug powers
authorizing the appointment of code
commission. Mr.. Hepburn goes further
and asks for an authorized court reporter,
and the publication of the decision of
Idaho supreme court, all of this to make
more comprehensive and ineligible the
code system of the state.
The question has become a live issue
The Teller has endeavored to gather the
opinions Of local lawyers on this ques-
ton, some of which are appended.
| +. O'Neill went further than to advise
revision of the statutes. He wants the
constitution revised, and, first of all, a
state constitutional convention and then
a code commission. By this regime we
| would establish a consistent code from
the foundation up. Our state has out
grown the plan of cheap government
outline of the constitution. Such gov
ernnlent is impossible, and that part of
the constitution that is based upon that
theory is imperative, and the court sys-
tenn provided by the present state consti-
tuition is antiquated, cumbersome and in
operative. We should abolish the pro
bate court and establish a superior court
with jurisdiction over the cases which
now go before the probate court. Such
a court would be perpetually in session,
and would meet the wants Of the public
effectively. The code commission is a
necessity. \ lawyer now must not only
go through several volumes to find the
law, but he must then go through the
journals of two branches Of the legisla-
lature to determine its constitutionality.
There are no logical objections to com
sion, economically or otherwise. We
should also have five supreme judges on
the supreme bench instead Of three.
This reform cruld be only accomplished
by constitutional revision.
]. w. Reid showed the reporter letters
received and copies of letters sent that
placed him OIL record for revision and
showed that he had been doing good
work to promote the reform. He did not
favor change i'll the supreme court.
Nor did he support heartily the idea of
publishing court reports, but he wants a
code commission and thorough revision.
1t is a necessity demanded not more by
lawyers than by layme1i. The magistrate
worst Of all needed a revised code. The
question of expense should not stand in
the way of the appointment of a commits
sion, as the savings to the public i'll two
years would cover the cost. We should
have code thoroughly annotated and in.
dexed. Questions of law would then be
more intellegible The people as well as
the lawyers would be benefited by an
understanding of their positions before
the courts. All property interests of the
country pass through probate every IS
years. This business should be transacted
i'll the highest courts of the state. We
should adopt court system like that of
California and Washington which is
every way adopted to the prevailing CON
ditions in Idaho. This could be done by
submitting constitutional amendments to
the people at the next general election.
F. ID. Culver, of the firm of Culver &
Halsey, was decidedly i'll favor of code
commission, and complete revision Of
| the code, with annotation and index.
He favored this as a measure Of public
| than the professional interests, demand
| this. The uncertain condition of our
laws actually deters investments, drives
capitalists away from the state. Men do
not want to engage i'll large enterprises
where their investments are involved in
uncertain legal complications. Our laws
are i'll the worst state possible; there was
never such all example known before in
the history of Jurisprudence.
!. f. Babb said code revision was nee
essary. The question of avoidance on
grounds of economy could not be consid-
cred for revision had become one of the
inevitable requirements. The constitu-
tion should be revised too to meet the
present needs, and the consistent plan
wonld be to hold a constitutional convell-
| ton first and follow that with revision oi
the statutes, but the people could not be
lexpected to be always consistent in pub
lie matters. He did not really advocate
a onvention--thought the courts should
be rearranged upon some basis, but die
not really like the superior court system
of Washington for our state Some fea
lures about it were excellent, while ii hac
i objectionable features. He could not sa,
that the probate court work should b,
| put upon the district or superior judges
but there was an Inconsistency in th,
lpresent system The probate Judge ilas
some very important duties imposed upor
him, questions that were the most intri
cate and perplexing. These matter
should go before the higher courts, bu
this change would perhaps overbursien tn,
judges. He would suggest a COMMISSION
to consider many matters with powers Il
dispose of them to save costs and labor 0
. the district courts. This finding of TIL
! commissions could be revised b. t e dis
trict judge on Object ion without theroutin