The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-09-19
nv ADoLPu -. RODEN HECK,
chief Judge Of The Court of Claim,
md Member OF the Hoard of
statutory tonsoItdn tion.

ciary article of the proposed
i Constitution relating to the
enactment of a brief and
simple civil practice act, and the adop-
t!or rf a separate body of civil prac-
t'Cr rules for the regulatiun Of proceed
urn ~ the courts. carries us back to
IN days uf the adoption of the present
Cod, nf C.yil Procedure. when IL was
predicted ny David Dudley Field. :he
eutIor of t'c coG" of proc, uurc wnic"
1t slpplanted, that the Code of Civil
Procedure was IAN attempt To force
upon the people " this State a mere
]tricious and abortivc scheme which
viii keep you in perpetual trouble"
Mr.. Fields predictions came true, for
sine the adoption Of the Code Of civil
Procedure the criticisms against il
and against the administration Of
Justice under IT have been accumulat-
ing until some remedy against the de-
lays. ~intr!caC!es INC expense of the
civil procedure I'm the courts mas be-
come imperative.
II is hardly worth while TO dwell
upon the necessity FOR reform Of our
c!N.l practice. which, as has been said.
"evory lawyer knows and every suutor
knows better Thr Code Of civil Pro-
ctGure has been described as n legal
monstrus!tN,' as having been built up
under a microscope" and '%'procedure
run mad Having been followed IN
ether States, L has been called by a
distinguished member of the bar the
degenerate mother of so many i|llegItl-
mate offspring
Since the adoption of the first part
o. the Code of Civil Procedure IN
1877 addresses and speeches have
dropped from the lips OF eminent
members of the bench and bar in
criticism of the delays and expense
OF practising under our present
method as thick and fast. though not
so quietly. as falling leaves from au-
tumn trees.
Investigations and reports having
AL otiiCGii sanction have been made.
nat none of them seems to have mot
with public faVor or to have resulted
In substantial reform.
During recent years the bar as
soc!ations. particularly those of New
York city, have remedied some of the
defects in our system, but 1t was left
for the Board of Statutory Consolida-
ton to present a complete plan for
the simplitication OF the civil practice.
This board was created In 1904 by
Chapter 664 Of the laws Of thai year.
and as originally named Il consisted
or Charles \. Andrews. William II.
Eo"Hhlowcr, John g. Milburu. .Iudeon
s laldln ard myself. Judge An
droNs. who lad jus; retired from the
CrIrt ~ Appeals, did not feel able TO
quality. and the vacancy was filled 10y
the appointment of .Ade.bert Moot.
Later Judge Landun, who also was a
retired Judgc of the Court of Appeals.
d.. I.' the vacancy was not nllcd
n '. quito recently. when Charles \.
{" | WIS ID med as a. member Of the
1 i From the creation Of the
h"...i | have been chairman Of the
tou.d.
Prior to the enactment Of chapter
7l3 Of the Laws of 1918. under which
the board presented to the last Leg
hature its report on the simpliiication
OF Oh" civil practice, Tho board had
con.oidatcd all If the general statutes
o. the state and had prepared q
Statutory record OF all general stat
ute5 as well as of all special, private
hrd local statute of the state.
During the ii! q that the board was
engaged in consolidating the substan-
tive laws of the State it did not over
ON nc suoJec' u the REFORM OF
.u,e' WIN "hlch II was en-
A"S'eu W .he statute uiluer "hlcn II
was created in 1904, and as early as
the year 1906 n Reconsideration of the
p'.'Ie'olNs vi 'he ,oue OF 'l'll fro-
.eut'e was mace by the poard as a
80 =, suosequent "orN Oh 'he re-
- " 'he practice'
me latter TASK however mad 10 he
'ieu III d OF tne masnltude
'" ,"o work OF consoIloating the gen
er'' ''a'utes' n not until lSl2 ala
the BOARD give Its undivided attention
W me practice IN me courts IN when
.e"' ny 'hapter 1913 II was directed
present a plan 10 the Legislature
N' the classihcation' cohsolidatioh
anu SinpIlhcation or the ] v practice
III the courts. Pursuant To this stat
ut" a Plan was presented to the Legis-
"'NFe the following year, n AT the
Sdm' session by Chapter 'l3 the board
WIS directed TO carry ont tho plan
""'A II had suggested and present
'"" Legislature the statutes ana
'u'A necessary to accomplish the
'"Hp'INca'ion of the practice.
lhe report made by the board pur-
t'ant TO this act is referred to in sec
uoh , "i article 5 of the proposed con-
s"'N''oN, wherein the duty IS imposed