l6o UNIVERSITY OF COLORADO STUDIES 



tempered by statute, is to many desirable. But "the merits of the 

 New York Code will have to be diligently sought for in nearly four 

 thousand sections of statute law, burdened with a gloss of countless 

 decisions.'" Missouri, its eldest daughter in the code system, has 

 twice as many sections as Colorado. Ohio, CaHfornia — but why 

 enumerate? Their acts are "as the stars for multitude." Of the 

 new English system of procedure, writing a few years ago, a learned 

 author says: "Its merits will have to be ascertained from the Annual 

 Practice Compilation, which presents to the student an intricate and 

 tangled net of statutory provisions, court orders, and judicial inter- 

 pretations.'" One of the distinguished gentlemen who participated 

 in the formulation of these rules told the writer recently that after 

 inviting suggestions, upon the passage of the act by the legislature, 

 from eminent jurists and practitioners the country over, his committee 

 was surprised at the number of recommendations received which had 

 been anticipated and carried out in the Colorado Code more than 

 thirty years before. 



Time, perhaps a short time, will test the merits of the new rules. 

 But there should be a division of responsibiHty in their working out. 

 "The excellence of a procedural system is to be tested by the ease 

 with which it lends itself to practical use. As practice discloses 

 weakness in its fabric the practitioners themselves should be free to 

 devise amendments and changes calculated to remedy such defects. 

 The users should be also the designers and adjusters."-' I do not 

 speak with authority, but I venture to say that the judges will them- 

 selves welcome all proper suggestions in this behalf. 



To what end? To the end that "old father antic, the law," to 

 use Falstaff's phrase, may be cured of his "lameness" and strike a 

 steady pace. 



' Uar. Civ. Proc. C.L. p. 339. 'Ibid. 



' Sunderland, in Rep. Am. Bar Assn. Vol. XXXVIII, p. 911. 



