The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-01-09


at the same time incapable of framing
bill in apt phrases, or of taking suff1-
GENTLY Intelligent view. of the measures
prepared by others. With all this, how
ever, the complaint is not so much
against laws that are in themselves lad,
as against the multiplicity of laws, the
frequent and unnecessary changes,
their i'll construction, and the confusion
and uncertainty resulting therefrom.
Since the adoption Of the Constitution
of 1S79-a period of seventeen years,
and embracing nine sessions of the Leg
islature-there has been an apparent
struggle to enact general laws to effect
special purposes, and this is perhaps
most noticeable with respect to county
government, and to that feature of
county government affecting fees or
compensation Of officers; and it is a
lamentable fact that such efforts have
produced a considerable part of the SUI
preme Court decisions rendered during
that period, and thatAthe legislation
has almost uniformly been held viola
tive of the provisions of the Constitu-
ton. Corporation law presents another
lamentable. though somewhat different
aspect. The formation of corporations
the Civil Code, but in addition to those
provisions of the Constitution a cur
sorry glance over the Index to laws,
reveals the following subsequent anu
independent enactments:
Statutes of 1880, page 81. relating to
insolvency of corporations. Page ~,
relating to insurance corporations. Page
1872 1874, relating to mining corpora
| Do roll
eft associations.
Statutes of 1S77-7S, page 693, relating
to frauds. Page 1888, relating to CO.
operative business associations.
Statutes of 1887, page 10, relating to
firemens relief fund.
Statutes of 1881, page 81, relating to
annual statements.
Statutes of 1891, page 400, regulation
of trusts by corporations. Page l.,
electric roads.
Statutes 1S77-7S. page IS, regulating
| fares.
Statutes 1893, pages % and 2SS, re-
lating to sale of franchises.
Statutes 1898, page 229. relating to
Commissioners of Building and Loan
Associations, etc.
| Statutes 1895, page 221, relating 10
cooperative associations.
Statutes 1895, page 1872, for improve
ment of cemeteries.
Statutes 1897, page 439, county nre
| insurance companies.
Statutes 1897, page 231, payment OF
employees.
| Statutes 1897, page 223, amending
Fire Patrol Act of 1876.
Statutes 1897, page 3S, amending Act
| Of CIR
| Statutes 1897, page SO, amending Act
of 1880, relating to mining corporations
| Some of the foregoing enactments are
wholly unnecessary and most of them
are abominable in phraseology and IN
a reckless disregard of adaptation 70
the general body of laws. The authors
of them may perhaps pick out the ones
which thew respectively believe are not
subject to such criticism.
| A few more facts will prove interest
| ing, but the limits to which this article
must be confined do not admit OF
many.
Omitting reference to provisions con-
tanned in the several County Govern
ment Acts. and some other Acts. the
game laws embracing Sections 90 10
CSC Of the Penal Code have been
amended at each Of the following SEES
sions of the Legislature: 1879, loH,
1880, 1883, 1887, 1891, 1893, 1895, 1891.
Section 1917 of the Political Code, re-
lating to powers and duties OF Scnooi
Trustees. was amended in 1873, 1877,
| $780, 1881, 1889. 1891, 1893. Section
| 1865 of the same code, relating to
branches to be taught in the PUBIC
schools. has about the same history,
lot vcr To dl1tiac
the Superintendent of Schools, and
Section 1775, relating to granting GER
tifcates by county boards, have been
amended still more frequently.
One would think there should be little
difficulty in determining how the stan
Of Colonel in the State militia should
be constituted, yet we find Section 1881
of the Political Code, relating to that
subject, was amended in 1851, 1851.
1881. 1887, 1889, 1891, 1898, 1895 and
1897.
Four years ago the Legislature OF
California provided for the appoint
ment of a commission consisting of
three lawyers, whose duties it should
be to examine and revise the codes
and statutes of the State, to ascertain
determine and designate those statutes
directly or by implication, and to note,
designate and correct errors IN the
codes and statutes. The results of these
labors were to be reported to the Leg
islature, and bills were to be reported
calculated to reap the benefits of those
labors. Two sets of Commissioners
have been appointed under that ACT.
The labors of the first Commissioners
proved disappointing to the Legislature,
and although the labors OF the second
Commissioners are not yet known 10
me, it is safe to say (and this without
discredit to the gentlemen OF the COM
mission) that their labors will fall Tar
short of what is necessary, and snort
of the general demand for reform o.
our laws. A strict fulfillment OF the
requirements of the statute under
which the commissions were appointed
would not meet the real exigencles OF
the case The Act creating the COM
mission is itself insufficient. The only
present available remedy lies IN
properly constituted commission with
powers and duties both specific ana
broad. These powers and duties may
be stated in a general way
First-to codify the laws of the State
so as to embrace the subjects OF the
present codes. and as far as possible
all laws Some hesitation to do this
has been expressed because it would
involve a REMEMBERING of sections OF
the codes, and this is not desired be-
cause many sections have received Ju-
dicial construction, and some difficulty
would attend the application of the
decisions of the courts to the sections
~