The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1901-03-17
4 REVISION AND A CODE.

NyhE adyfsability If not necessity of having com
/ prehensive and concise code OF civil and crimi
nal procedure for each State or Territory is too
well recognized TO require discussion. or to al
NIT of question When Napoleon asked to sum
up his life and point that which posterity would
consider his chief claim to distinction. he un
hestatngly said, the Code Napoleon And so it is
All the advanced nations and subdivisions of
tional governments in the world in line with the
code idea. The latest. and perhaps the best code,
considering its brevIty and thoroughness. is the
work of Congress. embracing in two Acts the codes
of civil and criminal procedure for the Territory of
Alaska This legislation bears evidence of learned
and painstaking editing. II embraces all of the lat
est and best expressions of judicial opinion. and
presents the concrete wisdom of the past century
upon the subject OF the distinction between
actions law and suits in equity and the forms OF
such actions and suits abolished. and there is
but one form of action for the enforcement or pro-
lection of private rights and the redress or pre-
vention of private wrongs which is denominated the
civil action By this system a litigant may obtain
complete justice in action.
Under the prevailing law practice, a
person suffering from continued trespass, for in
stance must bring several actions to obtain complete
redress-one at law for damages another in equity
has an equitable defense action at law. he
must ordinarily enjoin the action at law and obtain
his relief in a separate action in equity. The code
simplifies this and permits all of legal diff
ferences existing between parties to be adjudicated
in one and the same action under the code The
code system is simpler safer. speedier and more
economical than is the old common law system
Let be understood that the principles of law and
equity still remain distinct 1t is simply the method
of administering them separately that is changed
They may. under the code, be administered in the
one action. Some of the codes extremely long
others are concise. OF the latter sort the Alaskan
code is splendid example. With but little work,
comparatively, this code could be adapted to the
uses of the Territory of Hawaii
Some uniformity is necessary to obtain complete
remedies in all wrongs. The system in Hawaii at
present is not distinctive 1t is neither law
code but it is nearly related to the former,
of course. The common law practice has been modi-
fed by statute and decision until it is difficult say
just what system the practice really follows The
remedy is simple The laws need revision-not CON-
plation--anyway. and while lawyer, or committee
of lawyers, is work. code could be prepared
and the whole adopted at succeeding session of
| the Legislature.
At present Hawaii is generations behind any
other State or Territory in the United States in re-
spect of statutory law and practice. There is no
reason why its people should not have the advanced
code system of legal practice, well automobiles
and wireless telegraphy. The present compilations
are all right SO they go but the compiler was
limited TO making compilation; he was not author
lied to make a revision This was mistake of the
Legislature and it should not be repeated. Another
mere compilation would be worse than useless. OBJ
solete laws and customs must be pruned away. The
old law should be interviewer with the new, and the
whole be codified that the planest citizen might
readily find the law. Again reference to the laws
will convince any reader that many of the original
acts need to be rewritten retaining the meaning and
intention but correcting the forms of expression.
Those who interested in the subject OF a code
will be instructed by referring to the Statutes at
Large of the Congress, the 55th and seth sessions
respectively which contain the criminal and civil
codes of Alaska. The fact that they were adopted
by Congress is the best proof that they accept
able to Congress. The Legislature OF Hawaii would
act wisely in following the lead of Congress in this
respect Congress had the benefit of the experience
| of many learned and trained lawyers and they may
safely be considered presenting the latest and
best expression of code sentiment and experience
| in the country.