88 the " Crimes " title of the Revised Statutes — the committee points out that the principal objects to be achieved were, first, the simplification of existing laws by framing general statutes cover ing, as far as practicable, all instances of the same offence, and, secondly, providing a uniform system of punishment for similar offences. As to the first of these objects, the report says, pointedly, that " the Commissioners appointed to revise and codify the penal laws of the United States have neither revised nor codified. They have merely reprinted." This sharp criticism is supported by detailed references to sections of the proposed code. And further references cited by the committee show the failure of the Commissioners to carry out the recommendation of the Attorney-General for a uniform system of punishment. The report further points out numerous serious defects of bad grammar and of prolixity which the proposed code perpetuates, instead of correcting. The report criticises also the first six sub divisions of Chapter XI, which include the pro posed complete code of common law and statutory offences, committed in places within the exclu sive jurisdiction of the United States, or upon the high seas, or upon vessels of the United States in any waters, and holds that the present system, — established in 1825 at the suggestion of Mr. Justice Strong, under which in the matter of ordinary offences usually punished by the State courts, the respective State laws are ex tended over the Federal property in each state,— is far preferable to the proposed system. And this opinion of the Commissioners is enforced by the consideration in detail of many of the provisions of the proposed code. Summing up their conclusions in respect to the proposed penal code, the committee reports : "First : In revising the " Crimes " title of the present Revised Statutes of the United States, the Commission has ignored the recommenda tions of the Attorney-General in 1896, pursuant to which the Act of Congress authorizing the Com mission was passed, (1) to prepare a new crimes act, containing provisions simple, easily under stood, and general in their scope, covering the whole subject matter of that title, and (2) to provide for a uniform system of punishments. "The Commission, in the proposed code, has done little more than shuffle about the chapters
of the present revision and re-number the sec tions, thus increasing existing confusion. "Such a nominal revision, if enacted, will not improve the existing conditions of the law, and will postpone indefinitely the passage of a proper crimes act. "Your committee therefore condemn in toto all this part of the proposed code. "Second: (1) Your committee consider the proposed great extension of Federal criminal legislation over the whole field of common law and statutory crime, within the territorial and maritime jurisdiction of the United States, to be unnecessary and very unwise. "(2) But if the policy of this proposed exten sion of Federal criminal legislation should be approved, your committee consider the proposed code to be very defective on points of the great est importance," The recommendations of this report, backed by some of the leaders of the New York bar, who served as members of the committee, merit the serious consideration of Congress. In the death of Dr. Bernhard Getz, Norway, and, in fact, Europe, has lost one of its most noted law writers of recent times. He was born in the ancient cathedral city of Throndhjem, Norway, in 1850, in which city he attended the Latin School, entering the University at an early age, where he made a record for himself as a student. On graduation he became profes sor in law at the capital city, and a few years later D. LL. was conferred upon him by the Uni versity of Denmark. In 1876 appeared his first law treatise on " A Party to the Crime," which at once placed him on a high pinnacle with the jurists of his country. This was followed by a work on "Appeal to Higher Courts," in 1884. During the year 1885 appeared another work from his pen, called " Changed Form of Process in Criminal Law," which showed scholarly at tainments and a thorough knowledge of the sub ject matter dealt with. In 1889, together with Prof. F. Hagerup, he published " A Commen tary on Criminal Law," which since its publica tion has been a standard work in Norway. When the jury system was introduced, he be came Rigs Advokat (States Attorney), which office he held till the time of his death, Octo ber 31, 1901.
