The news & observer., 1901-02-24
10 REVISE THE CODE
House Committee on Judici-
ary Recommend the Bill
Much Opposition, on Account of the Expense
Judge Graham, Judge Allen and Mr..
Brittian Will Fight Measure.

|
! cided yesterday afternoon to report fa-
vorably the bill introduced at the begin
| ming of the session by Mr.. Rountree, OF
/ New Hanover, providing for the appoint
ment by the Governor of a board of three
| commissioners to revise and digest the
! statutes of North Carolina The compen-
sation for the work is fixed at $4,000 each
for the commissioners, and $1,000 for a
clerk.
MIR. Rountree said the bill had been
introduced in accordance with the memo
rial Of the Bar Association. The commits
sioners are, he said, to follow the general
arrangement of the codification of 1883,
and to make such changes as may be
deemed wise. The constitution is to be
printed in the book, and also important
acts of Congress, such as those regarding
naturalization of foreigners. The need
of new code is very great. People ought
to be able to find out what the law is,
! particularly justices of the peace. The
laws are now SO scattered that hardly
any one can find them.
There was considerable opposition to
the BILL principally on the part of Judge
Allen and Judge Graham, on the ground
OF expense.
Judge Allen said that, in addition to the
81 900 called for in the bill, the cost of the
codilication would be something like $25,
900, In 1883, the cost was something like
100000 He would like to see the law
codified, but until he saw what revenue
would be raised, and until the other
| pressing calls for money had been an
sweTed, he was not in favor of spending
such a sum, for fear of getting the State
| into debt.
Mr. Rountree declared it was of prime
Importance to have new code.
Judge Allen asked if Mr.. Rountrcc bad
ever seen any measure before a Legisla
ture asking for appropriation that was
not of prime Importance.
Mr. Rountree said he had never seen
anything that vas more important than
this. 1t was an educational movement in
| itself.
Mr. Alex j. Field, of this city, was
then called upon to tell about the cost
of the work in 1883, and to give his opn
ion as to the probable cost of a new
codilication. He said the printing and
binding of the code of 'S3 had cost about
| $21 600. The work was done in New York,
by Banks & Bros, and was on a splendid
scale The cost of the commissioners
amounted to something like $14 900 This
was because they did the work i'm New
York, and all their expenses, as well as
| those of their clerk. had to be paid. Mr.
Field thought the book could be published
for about $4,000, by putting it in one
volume. An ocean of space was wasted
in the present code. He said that as far
| as he was able to ascertain, very little
| was realized from the sale of that code,
| not more than $4,000. If the price were
put down to actual cost. and none given
| away, a great deal could be gotten back
from the original outlay, and the net
cost would be nominal.
Judge Graham said he had made his
campaign telling the people he would
vote for revision of the code, but since
he reached here, be had been reluctantly
compelled to change his mind, on account
of the many worthy calls for appro-
priations.
Judge Allen said it was question with
him how it would be regarded from a
political standpoint.
Mr.. Rountree said be thought there was
no easier question to answer than that
Judge Allen: But most of my constit-
uents live in the country. They will say
You have made four places for lawyers
by increasing the number of courts, and
you have three more places for lawyers
on the Code Commission
Mr.. Patterson thought the effect would
be just the opposite. The country peo-
pie want to know why they can't reach
the laws just like the lawyers that come
from town.
Mr.. Baldwin They are already say
ing the lawyers fix things so that they
can't find out what the laws are"
Judge Allen: We'll, for that matter,
| had a justice of the peace tell me he
thought the Supreme court ought to be
abolished.
Judge Connor, in answer to inquiries
from Judge Allen, said he would not
vote for the bill if there was danger OF
it bringing the State into DEBT If it ne
cessitated curtailing pensions to the Con-
federate veterans, he would stand by the
soldiers. He would oppose it, # It stood
in the way of any of the worthy objects
demanding money at this time.
Judge Allen said the indications were
that the revenue bill was not going to
bring the amount which was expected
I'VE are going to be in mighty bad shape,
he said, if we can't give some increase to
the schools, and if we can't do little
more for the old soldiers. Already the
Committee on Appropriations has recon-
mended some $3.50 900 more than two
years ago, when the State got 100000 be-
hind.
Judge COnnor said if they had received
the railroad tax they had since gotten,
and also the taxes on various other en-
terprises which had been secured, the
State would have been only about $20,00p
behind
Mr.. ROuntree: ut is of vital Importance
that the citizens should be able to u1 :
derstand what the law is. This is JlSt as
important as that these laws we are
now passing should be printed. It Is Just
as sensible 10 talk about abolishinS the
courts because they are expensive. Surely
| the expenses of the commissioners wou'd
be small until the next Legislature meets
This session will not be called upon to
| appropriate for the printing.
Judge Allen asked if one man could net
| do the work, instead of three
Mr. Rountree replied that II the eN'
| pericnce of history teaches anything, he
could not. All the great codes of the
| world had been drawn up by three men.
! the Justinian, he Napoleau, ana 50 on
| There was one great exception, inc coGe
of Louisiana by Edward Livingston
Af l. ~l,f a.