The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1900-12-22
THE CODE.

In the legislature OF 1895 law
was enacted which provided for the
appointment of code commission
whose duty it should be to codify
the laws Of the State; that is to col
1ect, arrange, systematic and har-
monte all the session laws together
with the Revised Statutes and re-
solve the homogeneous parts and
fragments into symmetrical
whole. All the obsolete laws were
to be expunged; all that was dark,
illuminated, all that was anbigu-.
GUS made perspicuous, all that was
contradictory harmonized and all
Deficiencies perfected, where the
intent of the, legislators could be
discovered, approximated or ingen-
iously supplied. 1t will at once and
forcibly strike the average citizen
that for the proper performance of
such a work a special, and, we
might say, extraordinary quality of
legal talent and training are requis-
it. The commission should not on
ly be profoundly learned in the laws
of its own State but should have a
wide acquaintance and familiarity
with the laws, and decisions of the
courts of other states, particularly
those of California. It should also
be deeply grounded in the various
branches of jurisprudence, includ-
ing civil, criminal and political law,
ancient and modern, written and
unwritten. Besides this, the quail
ty of first class legal writer's, edi-
tors and compilers should be found
in the commission. In a word, a
codifyiug commission should con-
sist of men of long experience and
the highest legal and scholastic at,
tainments.
1t will be recalled that "our"
commission was appointed by the
Governor Of the State and that he
made his appointments with a view
to pay off political debts aud secure
political advantages rather than with
any notion of serving the public
It is probable that the exigencies
of the time demanded that the pub
lie welfare should be sacrificed tc
political expediency; but it is quite
unfortunate that the demands O.
politics could not be supplied with
out having recourse to the appoint
ment of a commission which is sin
gularly destitute of those qualitie:
and attachments so essential to the
work in hand. There is not law
yer of standing, nor a scholar o
more than very ordinary attain
ments on the commission, and We
say this with full recognition O
the integrity and industry of Mr.
Hays who is unquestionably the
foremost member of the commission
The codi6cation of the laws viii
cost the people of Idaho between
$25, 900 and $50, 900, not an exces
sive sum if the work were properly
done, and let us still hope that by
some providential accident it has
been so done. But whether wei
done or butchered and half baked
the people will never know unit
their money is gone and gone be
yond recovery. The law under
which the code commission was es
tablised provided that 1000 copies
we think, of the new code should
be printed, but unbound, and dis
tributed over over the State on the
first of October, for the inspection
of lawyers, judges and others who
might have the ability and inclina
ton to critically examine the work
At this writing it is the 2Ist of De
cember and not single copy of the
code has yet made public appear
ance. It is understood that the
work comprises four volumes stand
ard legal size. No adequate exam
| nation Of it could be made by ever
expert lawyers in less than three