Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1914-10-21
| A " MAKERS IN
NEED Or EXPERT
ASSISTANCE, IS
ROOTS OPINION

their law making. lie saw that law.
gers might also greatly reform them,
selves by applying rules Of evidenc,
with more regard 70 common sense
There WAS food forthousht. he said
IN this colloqny on Blaekheath
plek the Butcher: The first thine
4 We do, let's XIII all the lawyers.
Jack cade. Nay. that mean ID
DO. Is not this a lameniahle thing
that Of the skin Of an Innocent laml
should be made parchment That
parchment, being scribhled Ger
should undo q man e
That plain unlettered men should
have this feeling IN England, when
the Justice to be- administered was the
/ kings Justice and the law to be en-
forced was the kings law, may not
have made 90 much difference" said
senator Root, but the existence of
this feeling In America. where the
Justice and the law are established.
maintained. ana enforced only by the
authority of the very people among
whom the feelins is found. is Of very
great importance.
IF we were 70 poll the great pub
Tic outside the profession / fear that
we should find an uncomfortable
number who, in mild way. agree
with Dick the Butcher"
He mentioned various complaints
laid az The door Of the law and law
yer Some were unfounded. some had
"A basis Of truth but were overdrawn.
and behind the surface Of fault-find-
ing there was a real attitude Of re.
spcct and confidence. but Il think
We must concede," he said. chat there
Is room for Improvement in the adj
ministraton Of the law in this coun-
try"
IT Is worth while for all Of us" he
continued, from whatever states, 10
give serious consideration to these
complaints about the administration
of Justice from whatever quarter they
come. We are all so much alike that
q serious abuse in one jurisdiction is
pretty sure to indicate tendencies to
lie guarded against elsewhere.
Wherever people are wrong in their
criticisms, that ought to be shown,
aud wherever they are right the con
ditions ought 60 he remedied
Lawyers are essentially conserva-
tive. They do not take kindly to
change. They are naturally reform
ers Their time is occupied mainly I
IN thinking and arguing about what 1
the law Of The particular case is,
about what the facts of the case are (
The lawyers who have authority as
lenders Of opinion are men, as Il rule. /
who have succeeded in their profess
sion, aud men naturally tend "a be I
with conditions under which /
they are succeeding
Answering his own question as TO
what the bar might do 10 improve theft
administration Of justice in the Unit ]
ID states, he said
First, We can improve our law A
making. We make too many laws.
According To- d count made in the IL
lrarv of congress our national and 1
tate legislatures passed 62,014 stat /
lies during the five years from 1900 H
o 1913 inclusive During the same
i've years $3.50 decisions of the ma
ional and state courts of last resort /
we're reported in $50 volumes.
MANY OF these statutes are drawn
narti1icialB, carelessly, ignorantN Il
Their terms are SO vague, uncertain Il
doubtful, that they breed litigation
inevitably They are thrust into the
iody of existing laws without any Il
'ody taking the pains 10 ascertain
What the existing laws are. what de
isions the courts have made in an
lying and interpreting them, or
What the resultant Of forces viii be
fhen the old laws and the new are
rought together
We are coming very much into
he habit Of a prior legislation pass
ng laws which somebody has con-
eived ~ reasoned out because they
eem all right theoretically There
! very prevalent idea that the peo-
IL who would be most deeply af-
eeted by a law are disqualified as /
illnesses regarding It's wisdom. prae-
liability. and effect. because Of their
ltcrest. If they see that a law at
aeting them is proposed and under
IKE 10 say what they thing about il
hey are accused nf lobbying and |
armed off the premises Yet when
Il the different groups of people
ho Will be affected by particular
TVS are put together they consti-
ite the American people, and if laws
re 70 be made without hearing them
e shall have body of statutes based 4
pom theory and not upon practical
of affairs.
An this mass of Ill considered, d
ably drawn. experimental first I
IMPRESSION legislation with which the
,untry is flooded from year to year
fuses innumerable litigations which
og the calendars of the courts, oe-
ipy the time Of the judges, and de-
N the disposition Of other litiga.
ON It creates new questions faster
ian the courts can decide old ones
"of course all this is not mat
T to he dealt with by lawyers at
le bar, Courts cannot apply the
medy nor can lawyers as officers
the courts. Bnt lawyers probably
AXE up the majority OF every legis-
tive body in The United States, and
oreoyer the opinions of lawyers in
eir oW'a communities on such a
bject as this Will have great ef
ct in forming the public opinion
hleh controls legislatures.
"Therp are certain Snpriffe meas
rs by Which American legislation
n be greatly improved. One IS
e establishment Of reference IL q