The Birmingham age-herald., 1907-07-21

THERE is no profession, perhaps.
 whose literature so well preserves
 4 the archaic phraseology of Its early history as the legal Upon reading the opinions of our supreme court, or those of any other state, for that matter, even of today, there Is at once apparent striking similarity between the forms of expression there employed and those in use at a much earlier period of general English literature-at least as early as the time of Fielding and Smollett, and their contemporaries.
 The reason generally assigned for this is the loathness of the law to depart from precedent, and the consequent quoting so often from the writers of earlier de- cisions.-and this, without doubt, has had its effect upon the present style of judi cial writers. But, in addition to this, the adaptability to the clear expression of nice distinctions and determinations, so necessary in handing down important decisions and opinions, which the figura- tive and highly colored style of this earlier period affords, has unquestionably suggested itself to our jurists and had its influence upon legal phraseology gen. erally.
 Many of the forms now in use, it is true, have been preserved intact through several centuries, as well as certain Ia bored modes of expression. And both are partially responsible for the tolerant smile of the layman, when he encoun- ters them, at what he is wont to term the woeful lack of business terseness from which the law suffers Such expres- sions as "humbly complaining, your ora tor would respectfully represent unto your honor as follows etc., and This day came the plaintiff by his attorney and also came the defendant in his own prop CT person, and thereupon came jury Of twelve good and lawful men, to-wit: A B ad eleven others" etc. etc., impress those unaccustomed to hear such with almost reverent sense of antiquity they seem to bq misty with age. An undertaking to improve them, however, without affecting their comprehensiveness, would, in most cases, prove much more difficult accomplishment than might at first appear.
 Of course, modern times have done much to weed out unnecessary and tor tuous proceedings in legal matters eS- pecially under the code practice, and this latter has greatly shortened and charmed the forms of expression at the same time. But the most radical and important changes that have occurred within the last century with respect to the law, have been those which relate to the de- gree and modes of punishment of offend CTS and criminals We are all familiar, more or less, through the history Of our coutry, with the cruel and unique pun ishments which were practiced during the life Of the colonies, and we wou- de. when reading of them that only one hundred and fifty or two hundred years ago people could have been so in- human. However, it will perhaps be matter of much surprise for the most of us to learn how much of this same in- human treatment of prisoners and crim- .6als was prevalent and enacted into our statutes during the days of the Missis- sippi territory, and even up to and be- yond the time when Alabama was ad- mtted Into the union as a state
 The laws of our state were first com- piled and, in measure, codifed by