New-York tribune., 1921-01-24
Judges to Fight
Repeal of Civil
Practice Law
Powerful Interests Back of
Jenks Bill to Nullify
Act Which Will Simplify
the Legal Code of State
Measure Effective Apr. Is
rrmers Oppose Movement
Started by Lawyers Who
Have Not Studied Changes
s.,,, q star correspords,,.


ALBANY, Jan. ga bill introduced
~, week By Assemblymaa Edmund B.
,..ss, Of Broome County. has FOR it's
,sruose the repeal Of the new civil
prsciice act.
There are powerful interests behind
,ss jerks bill, which il it becomes a
las. will not only destroy the labors
;sr the last i've years of the ablesr
;sr;sts in the state, but continue the
present complex legal machinery.
For ave years the best minds on the
Supreme Court bench, and of the
Legal profession who are engaged in
privsse practice iabored to simplify
evil practice, and last year their work
ras enacted into law, to take effect
April Is.
This body OF jurists was appointed
by sn act OF the Legislature, which
after deliberation for several wears de-
cided that in the interests of all con-
esnei, especially the litigant, there
wss need OF Z revision of the civil
practice.
Opposition Evident in November
As far back as last November it wa
known that there would be an effort TO
sepeal the act, and ex-Judge Alphonse
7. Clearwater, of Kingston, former
president Of the State Bar Association.
vho was chairman of a committee OF
that body which whipped the new civil
practice act into shape, Immediately
s.artsd to smoke out the opposition.
It IS understood that ex-Judge Clear
sater and other leading jurists will
fgh. 10 prevent the states legal ma
eainery from being returned to the in
yoved. complicated and archaic state
!rom which it was emerging.
The only objection heard to the new
civil practice act is that it will compel
lsHysrs who have not already acquaint-
Ell themselves with the changes to do so.
jadge Clearwater in commenting on
.as move to repeal the act said:
This is highly dangerous move.
-ae siMpllAeation OF practice is an i'm
Eedatee necessity. Unless the bar dis
eassngles itself from the spider web of
'seAnics!i-ies in which the administra-
'sal OF Justice is enmeshed, we shall be
eaa.Tonted with conditions which will
sssuls Il a denial OF justice TO many
,sgants so seriously as to threaten the
ssaeIity q some OF our most cherished
..z.i..u.io.s."
Changes Simplify Code
S3rae o. the NEST important changes
sAscted tarcugh The new civil practice
y are That judgments shall not be
g-e.sed oa unsubstantial errors: &c
@sas shall not be dismissed or grounds
q mistake in venue, remedy. or nro-
sadase; actions shall not Be dismissed
x .ae nom -Jolnder or misioinder Of
!ar,iss; parties may be dismissed or
,fensa- III - any time. as the ends Of
iss:'ce saay require; actions NAV ho
--2Sc.iaESe4 or seTered; mistakes. ir
ssssuiarisics or defects may be cor
-s,.ee or Gisregarded; all parties in
aseEes- ~ay De Joined in an action
s'safaAess OF The extent of their in
s7ssl; taxing OF evidcnce OF parties
witnesses before trial 20 be broad
s'-sl en- Sslnp!iled so as to eliminate
=. cement o- artifce and SURPRISE:
selgAelit may be given in favor Of
gAs-y {. aEy sage OF an action as
~ 0! pa q The causes of action
-. .t-e ac1lc-i continued as to the re-
.--.as..ns 'ss-es; aelnurrers, wr:ts Of
srGa.0isio1 ana % cersiorari are sbol-
s'isd ana 9ro7ision is made for obtain
similar relief by simple order.
saage clearwater and the other jur-
.s.s sno nave labored on the new civil
:<zesice ac- declare that the only OBJ
.Ss..oa raised IS that lawyers mast
ssSssai1-F themselves with the sinapli-
"a soce. Taey hold tnat those who
get beer able 10 60 that since
-. As-l.. men the act was passed.
-sfs .ot 70 asa. for more than another
- y tareo months in which 70 spend
..a -. nours acquainting thems elves
- - -Ae cnsAges. So accordingly they
aglst - IN extension Of the efec-
5a.s sroal April l5 TO September
-, -. y the opponents Of the new
e%s vart more than tha. il will raean
-aras of 10 small proportions.