The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1886-07-02

tically obso etc. Hence We never |
hear any complaint OF the multiplied
ton OF b oks upon thoee sciences. |
However many books there may be
they proceed upon parallel lines and
the student can take his choice in each
particular branch of study and leave
the others out Of sight. The same is
in a measure true OF literature. We
may safely predict that but fsw OF the
works of our popu az writer's OF today
will be re I'D fifty years hence.
In the law the cgss is far different.
We have not yet got done quoting the
Year Book of Magma Charta. At times
we 20 back to the Institutes OF JUS
tinian, end to other writings OF the
Roman law. The reports OF adJudl'
Gated cases have perennial value.
We never know what hour we may
have need for Plowden or Salkeld.
Even our text books possess wonde'-
full vitality. We still have to make
reference to the Institutes OF
Coke, to the writings of Donna,
Pothier, Emeri0on. Blackstone's Com
mentaries, written more than 100
years ago, are still used as primary
text book in our law schools. In the
process of our legal development,
while the law of production operates
with exceptional activity, it is not
compensated by a corresponding law
of decay. The result is tnat our book
shelves have become go crowded that
we cannot seriously contemplate them
without feeling akin to despair. We
know that we shall never know the
law.
AT BEST WE SHALL ONLY KNOW VERY
SMALL PART
thereof, and that in very imperfect
manner. II we had nothing to do but
to read, we know that while we read
one volume two or tan more will issue
from the teeming press. If a legal
question is presented to us for sou
ton, we do not look at the law, gath
eripe it painfully by laborious pro.
cess OF induction from large cray OF
adiudicate ! cases. We have not only to
find what has been decided on given
point, but we have also to examine
everyt log that has been decided
on it, lest in a forensic contest 1t may
turn out that the authorities we rely
on are overruled or rendered nueatory
nv counteryailing decisions. The Ie'
tult is that satisfactory examination
of almost any legal question in The
prese nt stats Of the law is thing that
cannot be accomplished without more
time and labor than the prscdclne
LAWYER can possibly bestow on
Il. [ shall not dwell on
these embarrassments and diff
cnllies that increase day by day
with a sort of arithmetical progression
and which grow gu! OF the uuprece
denied multiplication of books. They
are indeed ito familiar to an ovel
worked profession TO render it propa
that much time should be given Il
their consideration on this occaslo n
, Suffice it to say that in the presen
/ state of tie law anything like com
= pstent kr owledgs of it by any persol
! ia an impossibiuty. Daniel Webster
e it will he conceded, possessed one
i. the finest legal minds that this coun
n try has ever produced. After he ha
i been engaged in very. extensive an
y succeEstul practice for thirty-tiv
= wears, having been spoken OF a props
q ne,son to be made Judge OF the Su
= prsme Court Of the United States, n
a wrote to a friend that he could nc
a think of accepting place on tn
bench On account of his defective an
# incompetent knowledge of the Law
4 Since the time that he mad
" that confession the number
u books in constant USE in the pr
!. fession has probably been doubles
n. and the difficulty OF acquiring
% through knowledge of legal scient
et has been prop ortionally increased. .
~ ia we'll known that with the great i
# crease of our law books the law tax
ia on a peculiar kind of uncertainty. III
,e decisions that we refer to are often M
no leading. They are often based
10 statutes that are known to the judg
of and to the local bar, but which are q
IN where referred to in the opinions
n livered. In
THE ENDLESS MULTITUDEs OF EXPORT
re CASES
LAWYERS and Judges are often misl
to by false analogies. Our reports
ne filed with d'scordant, inharmonio
ch and overruled cases, insomuch that
re frequently hear lawyers say, partly
to lest and partly in earnest, that the
he is no hing in the law that can
10 called settled, and that decisions C
ief be found to sustain almost any prof.
IN. 81 ion. For the evils attending Il
ra state of affairs / know OF only TIL
ol- remedies that have been suggest,
-. First-It has been proposed Il
nd we shall abandon the habit
10. considering any decision as
~ precedent in any subsequenN G.
W. troversy; and that every case shall
,ry decided on general principles, witht
or. regard to any previous decision 1
Ia uncertainty of the law that would p
w. coed from the adoption OF this meth
nd would be greater than the uncertain
r. produced by the want Of harmony
Nv ible in our present system. Acc ord
NJ to this proposal, rules OF decls'
70, would be abolished, and no
of one could ever give hopeful P
ks diction of what decision would
yer made upon any given state, OF Ia
inc This proposed remedy involves 81
ted a complete revolution that it is o
We favored by very few cratic and
The thusiastic advocates Of change. 1t n
of be discarded as being wholly imp
ion ticable. Second-It has been propo
is that we shall quit publishing the
ate. ports OF 60 many cases, and that fe'
;sh law books shall be written in
an future. This would in no wise help
ties get rid of those that we have. | re-
of the fact that few years ago lear
and member OF our profession wrote
lac article for one of cur law period
aud in which he dwelt With much force
ntsl very feelingly upon the evil o., whi'
d I am speaking. He counted up the n
ted Der Of law books issued yearly in
the country and in England, and ga
ear demonstrated that no man could b
ing to scuuaint himself with any cor
mid cradle part OF their contents; and
IAN he recommended the repressive re
act. dyof lessening the number OF REP
ring and other law books from that
con. forward. Since that time every