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4 J. Mo. B. 1 (1948)

handle is hein.barjournals/jrmobar0004 and id is 1 raw text is: JOURNAL OF THE MISSOURI BAR IN3T0ATZ11 OFFICIAL ORGANIZATION OF ALL MISSOURI LAWYERS Vol. 4 Jenuery, 1948 No. i The Work on Statute Revision for 1949 By Edward D. Suminers staff Member, Cmmilttee Oa Legsilative Research of the General Asaemhly 0f Mtssuri Following the report of the Committee on Legislative Research No. 7,1 relating to the establishment of a system of con- tinuous statutory revision in Missouri, both houses of the General Assembly unanimously passed Senate Bill No. 136 which suthorised hulk revision of the Missouri statutes in 1949 and provided for continuous revision thereafter. The Governor vetoed this bilL The General Assembly then on May 22, 1947 adopted Senate Concurrent Resolution No. 9. which directed the Committee on Legis- lative Relearch to prepare and submit to the 65th General Assembly plans for the arrangement of the Revised Sta- tutes of 1049 and also to prepare and submit to the 65th General Assembly such proposed legislation as it deems necessary to harmonize said statute laws ad to eliminate therefrom all duplicate. conflicting, obsolete and unconstitutional statutes and to elamfy ambiguous and verbose statutes.' -ader this resolution some of the work oan revision was immediately begun by staff members, but because the appro- priation for the Committee on Legisla- tive Research was not approved until July 25, 1947, the work did not reas- get under way until August 1. Mr. Robert K. Cullen, the Reviser of Stat- ute of Kentucky, was empoyed for the month of August, 1947, to supervise the instellation of the system of revision deseribed below. A subcommittee on revision was created by the Committee on Legislative Research. This subcom- mittee is composed of the' following JOUesra of te aMsol 3r, Marab 1947. smats Jeoema, K 20 194?. p. t0e members of the bar: Senator R. Jasper Smith, Springfield, Chairman; Senators M. C. Matthes, Hilsboro; E. W. Allison, Rolla; Floyd t. Gibson, Independence; and David 9. Horn, St. Louis; House members Henry Andra, Jefferson City; James P. Boyd, Paris; W. H. Holmes, Vienna; Joe H. Miller, Carrollton; and C. P. Turley, Van Buren. In addition to supervising the work of the staff mem- ben engaged in the revision work, this subeommittee will recommend the legis- lative cts necessary to accomplish the revision in 1949. The work that has been done so far has consisted largely in the preliminary steps which have been found necessary to enable an effective revision job to be done. At this point the study of the statutes for the purpose of discovering defects is about ready to start. How- ever, it is felt that a brief summary of the work already done may serve to acquaint the bar with the progress of the revision program. The first job in any revision program must necessarily involve inding out what laws are in effect. In order to do this ceah volume of the aeion acts from 1939 back through 1901 was checked against each subsequent revision. The laws found which had been omitted from the subsequent revisions were copied and placed in & file. The year 1900 was chosen as a stopping place, primarily because of lack of time to go further, and als because it was found there were no tables showing the sources of the laws enated prior to 1909. Then eah revision from 1909 to date was ceed gainst subsequent revisions. In doing this job, it was found that the creation of the efiem of all crcuit judges in multiple judge circuits except in St. Louis and St Louis County have been omitted from the revised statutes. Also quite a number of other laws were omitted, but s to whether or not some of thise should be aried.in the re- vision is a matter about which there may be some argument, IPor example, a law which has been repealed and re- enacted and then a later t undertakes the repeal of the original section without mentioning the intervening reenactment raises the question of whether or not the repealed and reenacted law is still in effect. Also, it was discovered that two sections of the statutes which have been carried quite a number of years INSTITUTE on TIlE FEDERAL TORT CLAIMS ACT' at St. LOUIS 2111_Friday, Febrmary 27 , 1948, at 2 p.m. Civil Courts Building, 12th and MAarket St.. St. Louis tl.to UN, mttd U.eoi S. C t .4 Job. C . in - Th. A.w .t Ch.. Ca sh 55.sa P,,5.5 1..r. 1 . a 5. b.rassia laa hS.tnsnaiats

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