The sun. [volume] (New York [N.Y.]) 1916-1920, 1919-02-10
The Progress OF Reform Of Proce.
dure in Our Courts.

The report Of special Committee
on Code Revision which has just been
presented to the Association OF the
Bar of the City of New York deals
with subject Of much Importance to
the general public as well as to prac-
Using lawyers; for the entire COM
munity will derive benefit from the
slmplltlcatlon Of legal procedure.
Argument Is unnecessary to show that
the steps toward the attainment IF
justice should be made as easy rs
Legislation and the rules Of the courts
can make them.
Seventy years ago great reform
was effected in legal procedure In this
country, beginning in this State. by the
adoption of code system Of practice
in place Of the antiquated and cum
brous methods OF the common law.
The credit for this reform belongs t.
the late DAVID DUDLEY FIELD, one Of
New York's greatest lawyers. His
original Code Of Procedure was II
model of clearness and simplicity. 1t
contained only 301 sections; most Of
these were short and all were readily
comprehensive even by the non-pro-
fessional reader. II we had such a
code to-day, supplemented By rules OF
practice prepared By the judges, there
would be no occasion or demand for
any extensive reform in our judicial
| procedure.
That demand Is largely due to the
unscientific enlargement OF the New
York Code Of Civil Procedure. 80 that
Mr.. FIELDS code Of 301 sections has
grown into statute Of 1884 sections
The legislative additions from year to
year. instead of being confined to mat.
tiers Of procedure in the courts. have
included a great mass OF substantive
law. much Of which has nothing to Dc
with procedure at all. In this way
the code has been made burdensOme
omnium gatherum. too unwieldy for
convenient use, and III the languag &c
of the Bar Associations committee
bulky. unscientific and prollx." Al
competent New York lawyers are ir
substantial agreement that 1t should
be revised 1) 80 as to eliminate al
enactments of substantive law; (2)
so as to simplify practice; (3) 30 n'
to permit increased hexlbility in the
rules Of court regulating procedure
az 70 as to accomplish these reforms
without resorting to new nomencla
ture and without abolishing familiar
forms and methods"
In 1915 the Board Of Statutory Con
solidation OF this State published ar
elaborate report on the disqualification
of the Civil Practice Of New York" II
four volumes. The changes which &
proposed were too radical to suit thu
legal profession generally. 1t wal
dlsapproved by the Association Of thu
Bar here, In resolutions which rec
commended that the joint Legislative
committee which had considered tn,
subject should he continued "for thu
purpose Of preparing and reporting
such measures as In Its opinion shoulC
be calculated to bring about greatei
simplicity and fiexibility In judica
procedure" 1t Is the latest worl
Of this joint legislative COMMITTEES
which is considered In the special re
port Just presented to the Association
Of the Bar by It's special Commits
on Code Revision, of which Mr.. jon,
GODFREY SAKE Is chairman.
The Joint legislative committee pro
T poses the enactment OF new Prac
ticc Manual in place and stead Of tn
5 Code Of Civil Procedure. 1t would ex
T clude therefrom all provisions relnt
ing TO Justices Of the Peace, Surro
= gates. the Court OF Claims, the Ney
Q York City Court, and proceedings I
e condemn lands, and would transfe