The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-10-16
THE NEW CONSTITUTION.
The Judiciary Article and Reform
In Procedure Diseased BY Mr..
WIekersham.

The Judiciary Article and Reform
In Procedure Diseased BY Mr..
wiekershsm.
To THE EDITOR or The SuN-Sir: The
State Of New York was the pioneer in
the work Of simplifying procedure in
courts Of Justice. The laws delays
have been proverbial at all times. and
complaints Of undue delay and expense
In the administration Of Justice, some
times we'll founded, sometimes unrea-
sonable. have been heard In every age.
But the English lawyers converted
the system Of pleading, which origi-
nally was intended to be merely brief
statements by the respective parties
to q lawsuit of their causes OF action
and defences. into a complicated in
tellectual game. In which acute legal
minds on opposite sides Of a contro-
versy INDUCED themselves in technical
subtletles until the main controversy
was often lost sight Of and the inter-
ests Of the client wholly forgotten in
the play Of wits over the technicalities
that were involved.
In 1S4S the Legislature Of the State
OF New York enacted the Code Of Pro-
cedure prepared by David Dudley
Field. 1t was entitled IAN act to sim
plify and abridge the practice. plead
inss and proceedings OF the courts Of
this State" 1t consisted Of 3Sl sec
tons. It substituted for the involved
subtleties Of the English system Of
pleading which had been inherited by
us from our English f%orefathers plain
and simple statements Of the facts
constituting a cause Of action or the
offences thereto. II abolished forms
OF action. sought to remove the dis
tinction between actions at law and
suits in equity. and provided a plain
and simple method Of disposing of
questions preliminary to trial on the
merits Of the issues raised by these
simplf1ed pleadings.
This code furnished a model which
was adopted In almost every State Of
the United States and finally became
the inspiration of a complete reforma-
ton Of the system Of pleadings and
practice In England in 1878. But. al
most from the date OF its enactment.
the Legislature Of the State Of New
York began to tinker with II. and
every year its provisions were modified
or altered by legislation. In 1873 1t
was deliberately amended and added
TO at the instance OF Montgomery
Throop. who had been appointed by
the Legislature a commissioner for
that purpose, and was transformed
into the Code OF Civil Procedure.
Each succeeding Legislature added
to the completely of the rules Of civil
practice created By this code by amend
ments which gradually swelled IT
to enormous proportions. Every one
OF these statutory rules of practice
gave rise to legal rights which might
not BE- disregarded by courts and
which interposed between the bring
ing Of IN action at law and the con-
sideration OF its merits by a court a
series Of technical obstacles creating
delay and necessitating expense until,
as was the case with the English sys-
tenn Of pleadings. the main object of
the lawsuit was lost sight OF in the
consideration OF numerous intricate
questions Of procedure growing out Of
this complicated. ever changing sys-
tenn Of statutory rules. and the civil
practice OF the State OF New York
grew to be a reproach to the admin
istration Of justice. Successive COM
mittees of bar associations called at
tention to this vexatious and increas-
ing evil.
In 1895 an act was passed providing
for the appointment of commissioners
to report in what respects the civil
procedure in the courts Of this State
- 49,. f-x
plified. This commission reported 10
the Legislature five years later, but Its
report failed of adoption.
In 1899 a committee Of the State
BAR Association recommended the
adoption OF a simple practice act
supplemented by rules OF court. SINH
lar recommendations were made by
a joint committee OF the Legislature
In 1900 and by various other COM
mittees from time to time. until In
1919 the Board Of Statutory Consoli-
daton, created by the laws of 1904
which had been engaged in revi-
sion OF the statute laws Of the State
recommended TO the Legislature the
enactment Of a short practice act. sup
plemented by rules Of court.
In May. 1913, the Legislature di.
rected that board to prepare and pre-.
sent to the Legislature such a prac-
tice act and court rules based upor
the present practice in the Code OF
Civil Procedure and the court rules
which act should be confined to q
statement Of the fundamental and
jurisdictional matters relating TO pro
cedure and practice. all substantive
law and special practice being elimi'
mated from the Code Of Civil Procedur,
and incorporated in appropriate con
s~olidated laws or in new statutes. II
further directed that such act should
to be adopted by the courts to regulate
the important details of practice, sucf
details of practice being omitted from
the statute.
Pursuant TO this legislative direction
the Board Of Statutory Consolidation
In April. 1915. submitted to the Gov
ernor its report. containing a shor'
and simple practice act, a set of rules
OF court and separate acts to embed,
under appropriate heads the provi'
sions OF substa ntive law now contained
In the Code Of Civil Procedure, Thu
Governor transmitted this report e
the Legislature, which referred 1t e
a joint committee Of both houses witt
instructions to examine the same ant
report its recommendations with re
spect thereto at the session of 1916
This report furnished the Constitu'
tionai Convention with a basis for the
attainment Of the much needed reform