The news & observer., 1901-01-17
DOUGLAS REPORT
AS ATTY GENERAL
He Advocates Three Very
important Measures.
A VERY ABLE REPORT
Mr.. Douglas Has Been Delayed in
Getting Out the Report.
REFORM SCHOOL, JUDGES AND CODE
These Questions All Receive Attention in Ii
Report Which Has Been Very Ably and
Carefully Prepared. It VIII be Act
ed Upon by 'he Legislature.

.
The report of Attorney General R. D
Douglass is in the hands Of the printers
Mr.. Douglass report is somewhat late
than the other State officers reports, bu
this IS due to the fact that Mr.. Douglas!
only took charge of the office about the
first of November and the work of prepar-
ing the entire report with the exception
of that part relating to criminal statistics
fell upon him. This work necessitated q
large amount of investigation, and over
hauling OF records. Hi
The report is a very able one, and deals
with questions, of vital Importance anc
interest to the State, IIe discusses the
need of new Code, more Superior courts
and the reform school The recommen-
dations are as fOllowsif
AS is common knowledge. there has
been no codifcation Of the statute law OF
This State since The Code of 1888: while
every session of the Legislature since that
time has modified, repealed or added to
existing enactments, until, at the present
time the Judge, lawyer, magistrate OF
county official is often obliged to search
through eight different volumes, in addi-
lion to the Code in order to ascertain
what. the law now is on any subject. This
necessarily REQUIRES much labor, and
even after careful investigation sometimes
results in serious mistakes being made.
believe that all those whose official
or professional duties REQUIRE them TO be
familiar with the law. or to search it
uD when occasion demands. are practi-
cally unanimous in in favoring a codifica-
ton: and the only argument. so far as
I'm able to see that can be advanced
against the proposition is the argument
OF EXPENSE.
This is undoubtedly a thing to be consid-
cred in all public measures; but the ex-
pense of preparing new Code need
not be very considerable.
BY far the greater part of the work
and therefore Athe greater, part of the
expense, in the making OF our present
Code was the annotation; and while ammo
tations are helpful to lawyers. they are
Iy no means essential to them and oil
TO use to others.
This phase of the question is especially
10 be considered since a larger part OF
the edition of a Code would naturally
come into the hands of Justices of the
Peace, clerks of the Superior court and
the various other county officials, who
are almost without an exception men
without any special legal training. Tc
such men, however great may be theiI
natural ability or stock of common sense
annotations would be absolutely useless
as they have not the Reports to which
the annotations would refer. and would
not know how to use them If thew had
But their official duties require them to
know the law. and to them. even more
than to the lawyers compilation of the
various laws III the form Of Code would
be os service.
In view of these facts, taken in connec-
tion with the item of expense. | would
suggest that the Legislature create a
Code Commissioner or Commission to pre-
rare a Code which will contain simply
the statute law of the State as it now
stands, leaving to private enterprise the
work of annexation. This work. | feel
sure. could be and would be successfully
done by some member of the legal pro-
fession, many of whom are we'll qualified
to do it by both ability and learning, as
we'll as experience in such work.
MORE SUPERIOR COURTS.
would even more strongly recon-
mend an increase in the number of our
Superior court judges, solicitors and Ju-
dicial districts This / regard as perhaps
he most urgent need of our State at the
resent time. The speedy administration
of Justice is second in Importance only
10 its impartial administration, as justice
delayed is often Justice deniedA No one
conversant with the facts will dispute
the statement that in many of the coun-
ties the civil docket is in an almost
hopeless state of congestion. Cases often
remain for years untried, through nc
fault of either counsel or suitor- but
simply because our State has outgrown
its judicial system, the large ard steady
Increase in population and business not
laving carried with it correspondents
increase in the number of our trial courts
1t can not be denied that increasing
J opulation and business mean increasing
litigation, and must at some time REQUIRE
N increase in the number of courts. That
this time has already come, the numerous
et:tions for special terms constantly
coming from all parts of the State bear
witness.
The only new offices to be created world
lie the additional number of judges and
solicitors. and the only a1 lei expense
ould be the salaries of rhe additional
Judges, as the Solicitors have no sails nv
and the sum total OF their fees would
remain the same the only hange being
that the fees would be divided among a
greater number of Solicitors
therefore respectfully 1ecomm end
that the number of our Superior court
judges, solicitors and Judicial Districts be
Increased from twelve to sixteen or
eighteen; and that the system already in
augurated and recently approved by the
Supreme court Estate VS.. rown. .t127 N. c.,
-; 81 S. e. Rep. 33O), of dividing the
Superior courts into civil and criminal
terms. be extended to al of the most
Iopulous counties.
The disadvantage of these changes
would be nothing; the added cost inconsid-
erable. ands the advantages great and
manifold to lawyers, litigants, witnesses