The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1906-12-21
Discusses the Work of Com
mission to Revise Code.
SIX YEARS LABOR AT AN END
Former Member OF Congress from
Indiana Returns TO Capital Of the
HOOsier state for Future Resi-
dence-Vast Amount of Legislation,
He Says, Is Very Loosely Drawn.

REPRESENTATIVE in Congress from Indiana,
and who for the past six years has
been q member of the commission ap-
pointed to revise the laws of the land.
VIII hereafter make his hcme at IN
dianapoHs The work he has just COM
pleted is OF great Importance, and has
been done in the most methodical and
painstuking way.
"The commission" said Mr.. Bynum
was first authorized 10 revise the GRIM
inal and penal laws. In the progress Of
this work the commissioners found that
It was Impossible 10 separate the penal
provisions from the context Of admins
tratve provisions without a duplication
Of language; they thereupon determined
TO prepare criminal title, composed
only Of such provisions and acts as
contained complete definitions Of crimes.
leaving administrative provisions, with
penalties attached in the different titles
ard chapters OF which they are part.
There are more than COO sections of the
general laws Ct an administrative char
act5r. violation of which subjects the
guilty party to punishment The terri
toriaI Jurisdiction Of the United States.
by reason of the acquisition of numerous
and large tracts of land for different
purposes. has become much more i'm
pOrtant in recent years, as the United
States possesses exclusive jurisdiction
over all territory acquired by the con-
sent of the States. and, il any act com
uittcd on the same is not a violation OF
a law of the United States, no prosecu-
ton can be had. True the United States
attempted TO fully cover all crimes by
providing that in case there was no Fed
eral law against the act, the provisions
and penalties Of the State laws might be
enforced against the offender. but this
is subject to serious objections, the
courts held that it only applied 70 crimes
and 90 territory defined and held by the
United States at the time Of its enact
ment. besides the subsequent repeal and
modification Of the State laws by State
legisla tures tended 10 Complicate the
situation in a manner as 10 render il inn
practicable Of enforcement II was the
effort Of the commission. therefore TO
embrace in the title on crimes which
has been enormously called the penal
code, provisions for the punishment OF
all offenses which are crimes per Sc as
we'll as such as have been clearly made
criminal by statute; hence, We have in
against property against the public
peace, public policy. decency, and moraI-
IT, so that if a person should rob an
other in a post-nhice building owned by
The government ne would be liable 70
prosecution under the Federal law
Federal Jurisdiction SimDIified.
In the revision Of the judiciary title,
which was given 70 the commission in a
that the Jurisdiction of the Federal
courts should be simplined. This has
been done without the least interference
with the operation Of the judicial ma
chinery by vesting all original jurisdic-
ton in the district courts and the appel
late jurisdiction now exercised by the
Circuit Court Of Appeals. in the Circuit
Courts to be held by the circuit judges
at the times and places now provided for
holding Circuit Courts of Appeal. Out
side of the shifting of the Jurisdiction Of
the courts. the only material change
made IN the judiciary title IS in the pro-
vision permitting writs of error and APP
peaIs 10 be taken upon an abbreviated
record. This is a reform imperauveiy
demanded; I'm the Western States the
railroad corporations, I'm the trial of
that q Htigant Of ordinary means can
not afford 20 take an appeal. however
neritorious his case, on account Of the
great expense in printing the record.
Permanent and General Laws.
In the revision Of the permanent and
general laws. which was required as the
last at of the commission, the commits
sion attempted TO comply with the re-
quirements of the act 10 make only such
changes as were necessary 10 reconcile
conflicts and cure imperfactions, and yet
the wording of the revised chapters and
titles Is so different from that found in
the revision of lo7S that IL is difficult
upon reading the same 90 comprehend
that it contains nothing but subsequent
changes and amendments. This is going
10 be the great stumbling block in the
passage of the revision through Con
gress. The members Of the committee are
unwilling 10 report the revision and be
come sponsors for II on the floor of the
Senate and House without being able %
explain the reasons for these apparent
changes: no one can possibly go famil-
iarize himself with the details Of the
work without years of investigation and
study.
Depar tmentaI Organization
The chapters on the organization of
the different departments Of the govern
ment have been enlarged to meet their
demands until but few Of the original
sections are left The army has been
organized and recognized until its legal
description is unrecognizable TO one not
familiar with military nomenclature: the
modified in various ways. the internal
revenue and other laws have been so ex-
tended and amplified as 70 require the
closest investigation in their conpre-
hension. I made the original revision Of
a large number Of important titles and
reviewed the remainder, checking and re-
checking the different sections Of the
Revised Statutes, and of the various acts
passed since 1879, and can say that there
is not a section in the entire revision
that 1 am not conversant with, and vet
If called upon TO explain many Of them
] would have to make a brief review Of
the acts upon which they are based In
order 10 intelligently do SO.
After completing the various titles and
having them printed, we submitted them
TO the review OF experts In the various
departments, who carefully examined
them. many Of them spending four. five.
six, and even more months Of time in
the work, carefully noting what they be-
leved to be errors and omissions and sub
hitting 10 the commission their views
which the commission considered, and. in
cases of even Of doubt adopted
Difficulties Encountered.
The revision of the general laws.
while made under great endorsements
4c