The news & observer., 1901-01-17
FOR R[cODIFVNG
THE STATUTE LAWS
A Code Commission is Re-
commended.
THREE LEARNED LAWYERS
Resolutions Passed by the State Bar
Association.
THEY PETITION THE IEGlSI ATTIRE
THREE LEARNED LAWYERS
THEY PETITION THE LEGISLATURE
Trey Also Ask That in View Of Probable Aboli.
lion Of Criminal Court Circuits Num-
Der Of Superior Court Districts be
Increased to Sixteen.

At meeting of the North Carolina
Bar Association held at Asheville in the
latter part If last June a resolution
was passed directing the Committee on
Legislation and Law Reform to re-
quest the General Assembly to appoint
Code Commission with power and au-
thority to :ecodify the statute laws Of
the State.
islation and Law Reform, prepared by
Hon. H. G. Connor, then chairman of
that commit ee, gives a number of
reasons why such action seems not
only desirable but necessary.
Among these may be mentioned that
"sinee the enactment of the present
Code there have been held in the State
nine sessions of the General Assembly
and sixteen sittings of the Supreme
Court, and We have a corresponding
number of Volumes of laws and reports
An examina.;cn of two volumes of the
public laws shows an average of fifty
changes have been made at each ses-
sion, thereby aggregating about $50
changes by which sections of the pres
ent Code have been repealed altered or
amended.
And "of necessity many statutes are
hastily drawn, and but few of our leg
islators are skilled in the art of using
the language of the law hence it fire.
quently happens that acts of the Cen
eral Assembly when subjected to the
criticism of the court in their applica-
tion to cases fail to effectuate the in
tention of the law-makers''
Therefore the association now recon-
mends to the General Assembly that it
provide for the appointment of three
commissioners, eminent lawyers, who
having the taste and the talent for
such work shall undertake the task of
recOdifying the statute laws of the
State.
At the same meeting the association
passed a resolution respectfully recon-
mending that in view of the probable
abolition OF the criminal court circuits
the number of superior court districts
be increase 10 sixteen.
The text of the memorials follows:
To the Honorable, the General Assem-
bly, of North Carolina:
The following report, prepared by
Hon. H. G. Connor, at the time chair
man of the Committee on Legislation
and Law Reform was presented to the
North Carolina Bar Association at it's
annual meeting held in Asheville, N.
c., on June eth, 2Sth and 29th 1900:
To the President and members of
the North Carolina Bar Association:
The Committee on Legislation and
Law Reform beg leave to submit the
following renort:
In accordance with the duty impos-
ed upon them by section of the by
laws Of the Association, they have TAX
en- into consideration such amendments
to the laws md of the judicial proce-
dure as in their opinion will facilitate
the administration of justice.
They suggest to the Association that
the next General Assembly of this State
be urged to legislate upon the follow
ing subjects:
CODIFICATION.
Before entering into consideration
of the present needs of codification it
may not be- without interest to make
hasty review Of the history of codifica-
tion of the laws of the State during
the present century Your committee
therefore beg your indulgence for a few
10 permit them to go back
into the past and thereby the better to
understand the present.
I'VE find that at "A General Biennial
Assembly held at the House of Capt.
Sanderson at Little River, be-
gun on the 18th day of November, IT'S,
and continued by several adjournments
until the l9ta day of January, 1716,' it
was among ether things provided.
rThat the Chief Justice and the
clerks of each and every Precinct Court
shall take care that the transcript or
book of laws deposited in his or their
custody shall be constantly laid open
upon the court table during the sitting
of the court for the perusal of such
members of the court or other persons
litigating causes therein as shall have
occasion so TO do
"The prOvir:on illustrates the care
which the w-makers of that day took
to give to all persons an opportunity to
read for themselves the laws of the
land and for those who were unable to
read it was further provided, That the
clerks of each court shall at the next
ICA III oAOCft liz ICCGlpI lISIcOl, puOiCly
and in open court read over the same
and so yearly at the first court next
following she first day of May
''The labc:' involved in examining the
numerous chapters of the several vol
lmes of the laws with in many cases,
obscure indiCes, to ascertain the pres
ent condition of the statutes, consumes
more time in this busy age than the /
~ I
We find that at the General Assembly |
Of 1888 it IS provided, That three COM |
missioners should be appointed by the
Governor to collate, digest and revise
all public statutes of the State. The
work thus provided for was done by
Frederick Nash, James Iredell and VIM. |
Il. Battle, Esgs., and printed and pub
ished under the supervision of James