Lewiston teller. [volume] (Lewiston, North Idaho) 1878-1900, 1899-03-11

The idea entertained by the adj
of codihcation has been
lost sight of, and they would great
ly prefer not to have the work at
tempted under the conditions
brought about by these appoint
ments. The idea was to have a
code prepared that would be a
benefit 10 the state, but that Is now
recognized as being impossible. If
1t had been suggested that the
work would be entrusted to men
not fitted by peculiar qualifications
every friend of codification would
have said at once. Then let it
alone "
The law contemplates the
preparation of an annotated code.
A great many people have an idea
that all to be done is to arrange
the statutes. That, in itself, Is
very difficult work, calling for the
highest knowledge of the science
of law. But the scheme is more
far-reaching; it calls for citations
of the decisions of the courts OF all
states having statutes similar to
ours. On every subject treated OF
by statute there must be practically
a brief of the decisions of every
other state having a statute OF
similar character.
Every one will see at once that
it requires a deep knowledge Of
the science Of law. Superficial
knowledge is not sufficient; in fac
lack of full and complete knowledge
will be fatal to the work, for the
annexation will be in correct ant
therefore worse than useless. None
but a master mind perfectly ground
ed in the fundamental principles o
law aud their application t
statutory questions can determine
what statutes are alike in principle
and what decisions applicable.
What is to be the result wher
work of that character is entrusted
to men not fitted to perform it?
Turn to the state of Washington
and au answer will be found 70
that question.
In that state commission wa
appointed to prepare code. On
of the members was afterwart
elected to congress aud is REGARDED
as an able man. The others ar,
also prominent in the state. The,
prepared the code. When it cam
before the legislature it was reject
ed after an examination of 81;
weeks. The work done at grea
labor and expense was found to b
worse than useless; it was throw
away and an expert codifier EN-
/ ployed to prepare code for til
state.
Washington went out of he
own borders to get a man: /
Idaho we might have to do tn
sane thing; there are very fe'
men in the state fitted for til
work, and none of these might b
willing to undertake it.
| This code commission wrong ha
been committed as result of til
disgraceful log-rolling that hs
characterized this session of til
legislature. There is not men
Der posted on what has been goin
on who will not endorse the stat,
ment that a number of measure
have been hitched together an
carried through in this name
Some of them have been good an
some bad, but all have been carrie
along together. The combination
have not always held together, BIT
they have been successful in man
instances, dominating the work ,
the session throughout and disgra,
ing the state.
The passage of a good code con
mission law was made impossible
by these combinations. The pre-
lject stood no chance whatever {
getting through until the lob
was arranged-until the bill wa
so doctored that it could be take
up in the aims of the log-roller
and carried through. The Cover
nor, of course, i'll some way becaui
a party to the scheme, for all thes
jobs were coupled together to som
extent and many had an ancho
down stairs. Consequently, whei