COMMON LAW AND MODERN CODES 1 59 



have been settled, at least so far as the forum and methods of pro- 

 cedure for the prosecution of suits are concerned, and the great judge 

 whose name is mentioned at the beginning of this paper would have 

 been spared the humiliation of having his judgments at law justly 

 arrested by an injunction from a chancellor by no means his peer 

 in learning or virtue and after a contest the bitterest in judicial 

 history. 



It is neither desirable nor necessary for me to comment upon all 

 the recent rules; but one especially is in accord with the spirit of my 

 theme. It is rule 7, as follows: 



When it appears that the issues of fact are not clearly defined by the pleadings, 

 the parties before trial, on motion of either, or by order of the court or judge, 

 may be directed to prepare and sign a statement defining such issues. If they 

 do not agree, such issues shall be settled by the court or judge. The trial of facts 

 shall be limited to those thus fixed. The statement of such issues shall be filed 

 with the clerk, and with the exceptions thereto, if any, duly noted thereon, signed 

 by the judge, shall become a part of the record in the cause. Such statement 

 may be amended. 



In the opinion of the writer, rule 7 above justifies the act of 1913, 

 and the solicitude of the Colorado Bar Association in the progress of 

 the law authorizing it, through the legislature. The rules do not 

 change the forms of actions, nor effect any radical changes in pleadings. 

 They seek to expedite justice, to reduce the number of cases brought 

 before the Supreme Court, to minimize the number of errors in those 

 cases which are to be considered there, and to impress upon trial 

 courts and members of the bar, as well as the community at large, a 

 clearer appreciation of their responsibilities. If I read the act which 

 authorizes these reforms aright, and understand the motives of those 

 who fostered it, we have here an attempt to "get back," to use a 

 phrase of the president of the Colorado Bar Association in his annual 

 address of last year, "to the original traditions of the common law." 



It is hoped that the rules will not be greatly multiplied. Imperfect 

 as the Colorado Code of Civil Procedure is, with its 478 sections, as 

 any human product must be, it is incomparably superior (because 

 simpler) to that of any of the other state codes with which I am 

 familiar. The Illinois Practice Act, which is the common law slightly 



