New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-02-22
To Correlate Decisions.

The lack OF any system or codhcatiou
by which the relative importance and
chronology OF decisions might be deter
mined has not only embarrassed law
yers. but has been the cause OF wanton
delay The sweep Of the months gives
birth 10 innumerable laws and judicial
decisions which. under present conditions,
are incapable OF immediate correlation.
IN addition different schools Of law act
upon different theories breathing a di-
verse spirit into their interpretations OF
the statutes While the binding princl-
pies Of conduct and the aXioms of right
and wrong are necessarily the same,
each school leaves the mark OF individual
teaching upon a student.
when he emerres in the broader fed
he brings with him the atmosphere OF
his college Her attitude IS his attitude.
Her touch. her position. is his. BE hers
the liberal Interpretation, his pathway is
marked along liberal lines. There does
not exist that unanimity in instruction
which makes for unannity in interpreta-
ton.
THE codifcation Of our laws ought TO
proceed according to the general plan laid
down by Justinian and Napoleon. The
resulting corpus juris should cmoody the
same comprehensive principles which
placed the legal procedure of France and
Rome upon a higher plane. such codi-
fIcation is Just as necessary In America
as II was in either France or Rome. ~ Is
getting daily more difficult 10 separate
The necessary from the incidental in the
review Of decisions.
FINALLY. the thing upon which great
emphasis should he laid is the need OF
fostering systematic research. The legal
lore Of the past is not accessible TO the
lawyer or the layman because II has never
been assimilated At any one place or 10y
any one institution There has never been
an idea of assimilation emanating from
an authoritative centre.
Valuable manuscripts throwing nght
upon the sentiment and prevailing con-
ditions during periods Of legal trans
formation have lost their point because
they were not edited by men VINO by OK
perience and training were qualified to
edit them. Their intentions were good
but they failed to realize what heritage
they had in their possession. knowledge
bound 10 expedite the legal business Of
the day has lost its sting, because there
has been no fountain where its charac-
ters might be washed
"The American academy would DO all
these things. II would reconcile our
schools of learning, II would encourage
systematic research. il would proceed
with general codificat,on. An American
code like that Of Justinian would WORK
wonders with the laws delay The Keen
est minds devoted TO the study OF the law
anprecjate this and have made up their
minds that the academy shall be re-
atty"
Ex-President Taft and Alton e. Par
ker were the master spirits at the ses-
sions. Judge Parker said that the con-
ference was the result OF nation wide de-
mand for an academy Of jurisprudence. in
which hundreds Of prominent lawyers
were interested.
The bar council which effected the work
ing organization is made up of eN-Presi-
dent Taft. Alton e. Parker. Elihu Root,
Henry Wade Rogers, James De Witt An
dreys. Frederic Il. Coudert Francis
Rawle. Waldo C. Morse. James Brown
Scott. samuel Williston, IL. NJ. Bates. II
G. Tucker r. a. Hartman, Roscoe Pound
and Frederick w Lehman.
The first FIVE charter members OF the
organization are ex-President Taft, Alton
Parker, Elihu Root, Henry Wade Ros-
ers and James De Witt Andrews
Working plans are very much in the
eubryo. The future OF the Idea Will be
more or less up 20 Mr. Taft, according TO
his contemporaries. Codification OF Amer
;can laws has been hobby Of his for 2
number Of years His position as pro
lessor of law gives Mr.. Taft chance to
keen in constant touch with the legal
misc which. combined with his eruditon'
-, ,ro,ninent lawyers believe Will make
his interest invaluable.