The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1905-01-20

form introduced, will take effect Dec.
l, 1905. The bill in the house was re-
Ierred to the judiciary committee, and
at a meeting of the committee, held
after adjournment, 1T was voted to sub
divide the code and refer its different
departments to the subcommittee of
the judiciary committee. The sub
committees were instructed to report
the bill back to the full committee by
THURSDAY, Jan. &c, when it Is expected
that a joint conference of the house
ana senate Judiciary committees will
be held. to consider it.
Action in Senate Delayed
While the senate judiciary commit
tee had ordered the proposed code in
troduced in the senate yesterday, the
absence OF Senator George p. Wilson,
or Hennepin, ranking member of the
committee, resulted in failure to in
troduce the bill. The bill will prob
ably be introduced in the senate today,
and will be referred to the senate jul
dietary committee
In the committee it is possible that
friction will result, as the senators are
divided as to the procedure to obtain
Several of the senators desire that the
bill be subdivided and referred to sub
committees, While others favor its sub
mission as whole to special COM
mittee, which will report it back to the
full committee for adoption.
1t is possible that an effort will be
made to amend the bill in both houses
making it effective just before or after
the adjournment of the legislature.
Conflict between the code as passed
and amendatory laws passed at this
session will thus be reduced to the
minimum, and there are numbers of
reasons advanced by members of the
legislature why immediate passage and
effect are preferred to the plan agreed
upon Wednesday in joint conference.
Consideration of-the point made pub
lie by Mr.. Anderson occupied much of
the time of members of the house COM
mittee yesterday, and lawyers general
ly discussed the code and it's effect
upon laws an1endatory in their char
acter of the revision code.
John D. O'Brien Discusses Point
John D.. O'Brien, the ST. Paul law
yer, discussed the point yesterday. He
disagreed with Mr. Anderson and his
associates on the house judiciary com
mittee.
I do not see any serious question
that can arise" he said, "as to any
conflicting effect of the code reported
by the statute revision commission, and
the laws enacted by the present legis-
lature. Legislative acts become bind
ing commonly in the order of their en-
actment; that is, the last expression
OF the legisla ture is the one that gov
ems. If the code is passed, it becomes
law and goes into effect whenever
the legislature says it shall. But when
1t does go into effect, it is operative
only so far as it is not modified by
subsequent acts of the legislature
B. S. Bennett of Polk, the house
member who originally called the at
tention of the judiciary committee to
the point later calculated by the chair
man of the committee. is opposed to
having the code take effect at some
later date than the adjournment of the
Legislature. Mr.. Bennett contends that
amendatory acts cannot be made eff
fective upon their passage but must
await the code becoming of force to
give the amendatory legislation effect.
He declares that the operation of the
code Will repeal amendatory legislation.
In speaking of the question, he said
yesterday:
Bennett is Alarmed
The plan of having the new code take
posed by members of the Judiciary COM
mlttee, while very desirable from one
point of view. seems to be out Of the
question. OF course there is a great de-
sire on the part of the bar of the state to
have all the laws of this session Included
IN the revision, so as to avoid the neeeS-
S1ty OF separate reference to the session
laws
Convenience of reference is the most
urgent reason for such course. The diff
hcuity that lies in the way of, making the
new code operative Dec. / is the fact that
all laws passed at this session that are
amendatory to existing acts cannot be
made operative upon their passage, but
must be made to go into effect at the
| time the new code goes into effect, other
wise such legislation as may be amenda-
tory OF laws existing at this time will be
repealed at the time the new code goes
into effect. The only way. in my opinion,
that this difficulty can be obviated IS to
pass the revised code at as early date
as possible after such an examination as
Will determine the substantial correctness
or IT'S more important parts, especially
the chapters rela ting to crimes and pun
,snments and criminal procedure, and
nave 1t go into effect Immediately upon
Its passage. Then the matter OF general
| legislation can be taken up and session
laws printed In the ordinary way, refer
isiatfon is amendatory to the proper chap
ter and section of the new code.
L Know that one Of the serious diff1cul-
ties of this plan is the fact that the pro-
visions of the code cannot be understood
and made public until considerable time
elapses. Public interest. however, will
of the law as to substance are SO slight,
especially those which relate to admin
! istrative duties of public officers, that
neither the business of the state nor its
institutions will suffer, and in short
! time the new code can be printed and cir
| culated.
Private rights win not be impaired and
| IT thought necessary an act may be passed
saving any person from the rule of lacheS
arising in cases involving civil or crimi-
nal procedure.
Opinions of the Senators
| Senator Thompson: see no reason to
worry over this matter of the revised code.
My idea is to pass it at once, as it is. and
then amend it and fx it the way we want
| it. AS for its not taking effect until Dec.
| !, 1895, I believe it ought to be made eff
fectiye ON May l. We can edit 1t as we
consider it for amendment. The moment
/ the code is passed as a whole the people
will begin to study. it and will soon notify
us of any errors it may contain The code