The sun. [volume] (New York [N.Y.]) 1916-1920, 1919-02-10

such provisions to separate statutes
dealing with the several subjects
named. 1t would also remove into the
Consolidated General Laws all provi-
sions of substantive law which can be
ASSOCIATED from the laws regulating
procedure without practical inconve-
! nence. Finally, it recommends that
such provisions of the code as re-
late to procedure shall be embodied
in rules OF court, to be adopted by Il
! convention OF Judges and lawyers;
and the Practice Manual Is 10 consist
of provisions relating to rights of ac-
ton and rights arising In the course
OF an action" which are to be derived
from the present code and to be re-
classified, rearranged and edited.
Such" says Mr.. SAVES committee,
sis the plan for the simplliication Of
the code. If adopted 1t will result
In the creation of new Practice
Manual, shorter, more compact and
more scientific than the present code.
Many long and involved sections are
| subdivided into several sections and
rewritten In palmer language. 1t will
contain, primarily, matters relating to
| rights Of action and practice In the
course of an action, supplemented,
however. by such matters as Judges
and lawyers, for convenience, will
prefer to find in Practice Manual
| rather than In scattered sections to be
searched for among the numerous
chapters Of the Consolidated Laws"
| The Bar Association committee has
considered In detail and apparently
cedure embodied In the proposed
Practice Manual. Most of these are
too technical to interest any but pro-
fessional readers. In view of the con-
coded Importance, however, of inter-
fering as little as possible with famil-
lar forms and methods, we are ut u
loss to understand why the old time
pleading known as demurrer Is to
be abolished or why the writs of
certiorari, mandamus and prohibition
are also to be eliminated from the
practice of the law In New York.
These changes are needless and will
cause no end Of confusion. The thing
which demurrer stands for cannot
be abolished; why then abolish Il
parn., u,birb IND icotaS epa.il;roII,. n nd
to all trained lawyers everywhere
precisely what one has In mind--tha,
Is, formal objection to the legal suf
ticiency Of pleading or statement OF
claim? Nor do the revisers profes:
any intention to abolish judicial man
dates in the nature of the writs we
have mentioned. Only the names are
to be abolished, although they signify
exactly what Is meant and have beer
! in use for centuries. All this make:
! unnecessary work for the law student
the practising lawyer and the courts
1t will also eventually require the re
vision Of many other general laws II
, addition to the code, In which pro
visions occur concerning the use o.
writs Of certiorari and mandamus a!
remedies. The tax law, for example
, provides that Illegal, erroneous ant
, unequal taxation may be reviewed b.
certlorari proceedings. and the scop'
and function Of the writ In such case
) have been deliberately discussed II
, carefully considered opinions by tn
> courts. If the writ of certiorari 4
now abolished, will the tax law ais
he changed, or must the courts resor
, to judicial construction and hold tina
Z the order which the Practice Manua
: substitutes for the writ Is to be re
garded as the same thing? If 1t is {
I he deemed equivalent in force an
Z effect, why alter the name?
? The joint legislative COMMITTEES
;. with the aid of suggestions from tn
, several bar associations of the State
Z appears to he making praiseworth
q progress toward the reform of lega
:. procedure In New York Our lawyer
| and legislators. however, will be prr
dent If they retain old names for oil
q things. and II they never change
y word or phrase which has been IL
> dicially construed, unless they mea
. and want to change the sense.