The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1905-09-03
WHITE ELEPHANT
FOR CONGRESS
New Code of Federal Stat
utes Almost Ready.
AFTER EIGHT YEARS WORK
Report Will Be Turned Over to Solous
Through the Department
of Justice.
AFTER EIGHT YEARS WORK

during which It's very existence has beer
almost forgotten. the commission to re-
wise the laws Is preparing to deliver tc
Congress a new code OF Federal stat
utss- IL will probably be turned over
to Congress. through the Department OF
Justice. at the coming session, and viii
be one OF the most interesting white
elephants that body has undertaken tC
tame in q generation.
Not since 1873 has there been a re-
vision OF the Federal statutes. and the
revision now nearing completion repre-
senss an immensely greater task than
did the one or 1878. because more gen.
era, legislation has been passed since
1875 than in all the period OF constitu-
tional government before that time
The revision Of 1873 was work OF sew
sral years. and considering the immense
task which confronted It. and the hap
hazard manner IN which Congress has
sen. 1t about its work, the new commits
sion Is considered to have done re-
'narkable work in the time II has taken
codi6cation Commission.
Although called a revision commits
sion. the body Is more properly codi-
fication commission Its business is to
put together the laws CT the land in a
compact. unified body. Obsolete express
ssons are being cut out; sections that
have been declared unconstitutional or
have been repealed. are being dropped;
the laws passed since the last revision
are being consolidated into the older
body, and the whole is being system
i'd 4d
present the index is about half COM
vision has been turned out by the Gov
eminent Printing ONCE
The new Federal code is OF first In
tercst to- lawyers; but Congress will
discover. when Ii comes to handling it.
that the problem is no small one. Max
ing new code for a State is a task
AT which more than one Legislature has
bslked; making it for the United States
IS still more serious
1t Congress decides to do the work
I'm the easygoing way that it did in
1873. the task will not be so serious;
hut il is doubted il such a performance
will be permitted this time The code
of 1873 was adopted and substituted for
the Federal laws. which had previously
been in force. with the jaunty noncha-
lance CT a country debating society. The
reading was waived. and the titles
adopted on informal votes in Commit
tee of the Whole.
Planned by Hoar.
Senator Hoar. who was the father of
the movement for the new revision. now
nearing completion. used TO tell some
nf hnu in
adopted the new statutes. He declared
that at late night session there were
just three members OF the House In
their seats when the revised laws came
ND and were adopted. In the Senate the
attendance was scarcely better. The
entire Federal law was adopted in a
purely perfunctory manner. without any
real consideration whatever.
Within a short time II began to be
discovered that the new revision was
full OF errors; some serious. some mere
" casual: but how many there were
and how serious they gere, was mere
matter of conjecture So the next Con-
gress provided for commission of one
10 correct these errors. and TO report
the corrected code to the Secretary of
State.
I. further provided in this same act
that when this one-man commission had
his re-revision the Secretary
Of State should by certificate promul- |
gate IL as the law OF the land and !
Ehas from the date of that certified pro-
Il should be In effect
Thus Congress had delegated to one
nan the power TO revise the body of |
49,
Executive department Of the Govern |
nent. the power to put them into force |
The Constitution provides that the |
power OF legislation cannot be delegated |
Question of Constitutionality.
Yet II Is a fact that the revision OF I
s73 has been I'm effect from that day |
% this without any other formal enact |
nent than its PRONUNCIATION by the Sec |
'etary OF State under power delegated |
,y Congress. Recently, In connection /
Tith the new revision. some inquiry has 1
been made as to the constitutionality Of 4
hat procedure. Lawyers have invcstf- |
rated IL. and the opinions Of some cm.-
sent jurists hayeN been secured or il.
)ne OF these, the chief justice o. the /
supreme court of a leading State. rfter |
the matter. said:
Il never give an opinion except from
ne bench. i certainly should no. siye
IN opinion on the poilt you have SUBJ
nitted. except I'm that way. But I VIII 1
ay that IL II should come before me on !
he bench IL seerls TO me that | would /
Ave 10 decide that these laws yer.
ever legally passed"
This expression was typical OF the ma
orfty OF expressions. 1t is held by
Rwyers- however. that IL II should now
" raised. the courts would probably
rs;ain the laws on the ground that their
Dng acceptance had established them
espite any such irregularity in their
sssage Had the point been raised
ariy. however. the belief is that IN.
eyision OF 1873 would have been held in
aid
AT any rate. 1t is proposed by those
. authority that Congress shall taka
% chances OF having such an accident
appen again The new revision ,x,u
e commended TO the careful and thor
ugf- consideration of the houses and
they take IL up in this spirit its adon-
'on Will make one OF the large tasks or
session.
Whefhe. the entire revision will no
eady for reporting to the coming ses.
lon is uncertain Here again a curious
rror In the law establishing the com
3ission stands in the way. There IS
o provision for the commission. report