The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1905-02-03
WHAT OTHER PEOPLE Trunk
The Law as II II.

To tho Editor of The Journal.
Here are some bits of history which NAV
tend to clear up certain honest misappre
tensions concerning the proposed revision
Of the laws.
The territory Of Minnesota was or
ganlzed IN ls49. At the legislative session
Of 1851, the revised laws were adonted
being revision and compilation of the
general laws then in force Twelve years
later, by chapter Is, laws of 1853. four
commissioners We're appointed ''to revise
the statutes Of this state.'' They were
required to report in print by Dec. Of |
the same year. Being unable to do 40. |
the time was extended until the beginning
of the session Of 1865. Again the time was
found insufficient; the commission was re- |
/ organized, and the time extended to ian. |
TO-, 1866
mus two extensions were given and
nearly three years were consumed in re-
Vlslng the legislation of twelve years, in
the infancy of the state, while the present
commission has had to deal with the ac- I
| cumulation of law making for nearly forty
years. during which substantially all the
great interests Of the commonwealth have
1 come into being.
AS will be seen, the only direction given
to the commissioners of 1896 was to
| revise the existing statutes. The fol-
lowing extract from their report will show
how that authority was then under
stood
The commissioners appointed to revise
the statutes of the state, in presenting
the result of their labors deem it proper
to communicate to the legislature state
ment somewhat in detail, Of the princi-
pies upon which they proceeded in the ex-
ecut1on OF their trust, and the reasons for
the changes suggested in existing laws.
I 1t was supposed by the commissioners,
from the language of the act of Feb. II,
1853, that something more than mere
compilation Of existing laws was intended,
and that it was expected not only by the
legislature, but by the legal profession and
the people generally, that an attempt
should be made to thoroly digest and re-
wise the entire body of general laws so as
to consolidate and harmonic the different
and conflicting acts and eliminate there
from and from other approved sources q
complete and consistent system Of statu-
tory law. In this view, the commission
ers, at the outset Of their labors and after
: sufficient preliminary examination Of the
subject, agreed upon and adopted the fol-
lowing, as the outline and basis Of their
action:
First-To carefully collect and bring to-
> gether all existing acts on the same sub
ject matter.
Second-To adapt to the constitution Of
> the state all laws enacted under our terri
> torial organization, correcting verbal and
typographical errors. .,--
Third-To settle and determine con-
f1icting laws by adopting one law on the
subject matter of the conflict. ,@s:
Fourth-To omit acts deemed unneces-
sary, unconstitutional, opposed to the
4 general spirit of the statutes.
Fifth-To amend existing laws, when
l ever deemed necessary, keeping in view
- the tenor and spirit Of the present legis-
lation.
= sixth-To suggest and supply such new
:. acts and parts of acts as seemed essential
h to complete and perfect the system.
:, In substantial accordance with these
= rules and principles, the work Of revision
has been carried on and completed, and
:. the result Is now presented for legislative
- - and executive approval.
- The present commission Is criticized for
= attempting to do just what was then ex-
pressly approved, Notwithstanding the act
under which they have proceeded is much
= more explicit. It requires them to Tex
4 anime and compare the existing general
!, laws together with the judicial in
& terpretattons thereof, and to prepare and
$ recommend such revision and codification
# thereof as SHALL in their opinion, simplify
O harmonic and complete" the same.
; 20 Manifestly the terms of this act were
: broadened to cover all that the revisers Of
! | 1865 attempted! under the mere authority
! | to REVISE" IIi' 20A:.G =.
IL Revision is very different from cor1pila-
: ton The latter can be made by private
g hands without legislative authority, thu
= former only by the legislature itself. Bu
B. since 1t is wholly impracticable for a body
= 50 composed to accomplish so extensive
u task within the constitutional limits Of 4
s. legislative session, a commission was ap
D. pointed to prepare a bill for the purpose
J No general revision has ever been mad,
l. in any other way. t.. Aarr{1@
This commission has reported it's draft
/ and 10! it has advised changes in tn
&c verbiage of existing laws AS If six o
10 seven thousand pages Of printed 1egisla
It ton could be condensed to about thou
3. sand without altering the forms Of ex
preston. "i >.
e. The report is met in some quarters al
g, tho the commission were a foreign ant
IL hostile body, bent upon substituting
very imperfect body Of laws in the plac
Of one well-nigh perfect. Very likely 1
II has made some mistakes, which it viii
~ gladly assist in correcting, but the yer,
s. existence Of the commission Is due to tn
fact that the existing laws are full o
l. mistakes-that their condition has be
% come fntolerab1y bad. The current zeal TO
the integrity Of "the law as it Isl is car
ried to an absurd extent. Every bill tina
o. passes changes the law, and Legislative
T. sessions are held only to pass bills. Hun
IT, dreds Of these are drawn by interested
L. persons to advance private ends, and ar
Sc voted for on the recommendation of com
nittees without exciting any Of the hys
1 terical clamor now heard that the law
must not be changed SO much as tn
breadth Of a hair. If excessive caution i
"a ever to be exercised, it should be applie
IL to the common run Of bills, rather than t
\ the deliberate work Of official experts, Sc
~ lected by the Justices of the suprem
i: court, by request Of the legislature, an
paid by the state. - =. ST. ~'
II do not advise l1asty or inconsiderat
! acceptance Of the code; 1t is a work c
vast Importance and Of such magnitud
i. that minor errors are inevitable. So far a
a I can see, the legislature is proceedin
nsf upon sensible lines Let the report b
I" carefully reviewed, but not loaded dow
with trivial amendments. Those who wis
for a perfect revision will wait forever
But thirteen months will elapse after !
ed goes into effect before another legislator
of convenes. Many mistakes can be en-
dured for that brief season. Meanwhile
Id the claw as it Isl can be found, and ii
u provisions studied-a condition now who
1y lacking. "A Lawyer.
ue| \ Light and Heavy Seed Wheat.