Evening star. [volume] (Washington, D.C.) 1854-1972, 1927-07-31

Il laws, rather than as a sepa-
rate law, will be urged upon
congress as necessary for a clear un-
Outstanding of what the law is on any
given subject and to avoid cumber-
some procedure in the practice of the
legal profession, by Representative
Roy G. Fitzgerald of Ohio, chairman
OF the House committee on revision of
the laws.
This new method of legislating
would apply not only to the general
Federal code, which has just been as
sembled into one large volume, but
also to the District code, which is now
being compiled. The District codifi-
cation Is an especially intricate prob.
lem, requiring extensive research, and
was to have been submitted to Con-
gress next January, but owing to the
death of one of the two compilers the
work has been necessarily delayed. 1t
Is foreseen that If the new method
proposed by Representative Fitzger-
aid is applied to District legislation,
1t will be found advantageous to have
.. lawyer well versed in the District
law and code sitting with the District
committees at all times to advise re-
garding how the proposed legislative
action would mesh with the existing
law. Representative Fitzgerald, hav-
ing been a very active member of the
House District committee. appreciates
thoroughly the situation there.
Errors i'm Code.
In the general Federal code, re-
Gently published by order of Congress,
Representative Fitzgerald says they
may find about 1000 errors, which
must be detected through the coop.
GRAFTON of the legal profession, and
then acts of Congress must follow to
correct them. 1t is the plan to as
semble all the new laws at the close
of a Congress and publish them in
supplementary volume, so that all of
the Federal statutes can be found in
those two volumes. In the meantime
he expects to get authorization for
his committee to take charge of re-
vision of the code so as to reduce it's
size and make it more serviceable by
eliminating absurdities, conflicting pro-
Visions and Implications, which would
neceSsitate a considerable amount of
rewriting the law. In this work the
heartieSt cooperation of the legal pro-
fession is assured.
Every one is presumed to know the
law" is a maxim and principle of law
as essential to the administration of
justice as the venerable assertions I'M
der the common law of Great Brit
ain that the King is the fountain of
justice" and 1.-The King can do no
wrong" Representative Fitzgerald
points out
no person may bs excused, even on
criminal charge, where his life or lib
erty is imperiled. on the plea that he
did not know that the act complained
of was in violation of any statute. Yet
the most learned lawyers may debate
the question and no one in fact be
certain that the act complained of
was unlawful until the last court of
appeals or error, even the Supreme
Court of the United States, has deter
mined the question. Even more COM
plicated, he declares, are the laws re-
lating to civil transactions, business
and commerce, and upon knowledge of
these laws often depend success or
failure in business and the rights to
great sums of money.
With the constantly increasing COM
plexity of our modern life, the extern
sion of Government control and regu-
lation, the multitude of new laws and
the penalties of ignorance, it is most
important, Representative Fitzgerald
emphasizes, that the laws of a nation
or state be set forth with clarity and
precision and with such systematic or
eeientiflc arrangement and complete.
ness that it may be as readily discov-
cred and understood as possible
In our busy life men have little lei.
sure for the conscientious research
necessary to determine the statute law.
yet since the compilation of the stat
ute law of the United States in the
Revised Statutes Of 1878 the laws have
been accommodating with continual
changes, notifications, repeats, both
express and by implication, until the
vague and uncertain trail must be
traced through IS discouraging tones
Protests to Congress.
To the ordinary citizen charged
with an irrebuttable presumption
that he knew the law, the maze was
hopeless. The confusion aroused the
indignation of the lawyers of the
country and the resentment of the
courts. No lawyer or judge could be
certain of the Federal law without
the most wearisome and painstaking
labor.
Protests were made to Congress.
The American Bar Association main
tanned committee year after year
to assail the evil. Commissions were
appointed by Congress. Commission
ers were paid salaries of $1,000 a year
apiece. Ten years elapsed. The COM
mission expired. About 80 years and
a half billion dollars were expended
Still no code.
Col. Edward c.. Little, chairman of
the committee on revision of the
laws OF the House of Representatives
called to his aid professors of law
schools and others learned in the law
and, devoting himself indefatigably to
"A cd
and permanent statute law of the
United States into a single book and
presented it in bill form to the Sixty
sixth Congress for enactment into law
as a code
The bill was passed unanimously
by the House and again with perfect
ing amendments in the Sixty-seventh
and Sixty-eighth Congresses, but
never won the approval Of the Senate.
The help of the two great publish
ing houses of the country was sought
and the work was completely redone
with great thoroughness and with
improvements in classification and
arrangement. The committees of the
House and Senate were in accord and
the code was adopted June %. 1926,
and became prima facie or presump-
lively correct restatement of the
Federal law as 1t existed December
z, 1925.
The code was published with index
and number of reference tables and
other ancillaries. including an appen
dix. which contained in codified form
the changes, additions and amend.
ments to the law made by the first
session OF the Sixty ninth Congress.
for the current Of legislation sweeps
continually on.
And now Representative Fitzgerald
Is soliciting cooperation in Congress
10 prevent the drift by Indifference
into a like intolerable condition as the
mass of Legislation 1ccumulates and
to give the people of the United
states n cleaV permanent statement of
the laws Udder which they are gov