, 1923-03-15
Law INSTITUTE FORMED

We find in q recent issue Of the
Christian Science Monitor the follow
ing editorial on the law institute re-
Gently formed by leading jurists Of
the country:
That is certainly an ambitious un-
dertaking which the American Law
Institute ha sentered upon. At the
meeting in Washington recently,
when the completion Of its organ
ization was announced, 1t was de-
clared to be the purpose of those
composing 1t to "restate the law"
The charter membership roll is said
to include the foremost jurists and
lawyers of the United States, and 1t
therefore may be presumed, II the
task set is a possible one, that those
who have enlisted to accomplish 1t
will succeed. It is true. no doubt,
that lawyers throughout the ages
have had a large part in shaping
Legislative .enactments, and 1t has
been presumed that lawyers likewise
have done as much as others in call
ing attention to the confusions which
are said to exist in the laws, in aid
ing, as we'll Ii preventing, a clear
Interpretation Of the intent Of the
law, and in contributing, not infre-
quently, to the laws delays.
But admitting all these things,
probably it is not unreasonable that
the lawyers should hold themselves
out as experts II the call is for those
who are able to restate and codify,
understandingly. what are admitted
to be conflicting and confusing de-
clarations. The maker of a ma
machine should .e--he one best
qualified to rebuild and readjust it.
If there is something wrong with the
law, the lawyers. II onyone, should
know what it is and how to correct
it. The matter first to be determ-
ined, therefore, ii the work is to be
undertaken. is the sincerity OF those
who have enlisted to do the import
ant work. AS to their qualifications,
even for so great a task, there can be
no reasonable doubt. But the sign
ificance of the undertaking is great
er than may at first appear. 1t
should not be forgotten that there
has been built up in the United
States a great system OF jurispru-
dence. and that he foundation of this
rests upon adjudicated cases which
have construed the very laws which
1t now proposes to restate and recast.
On the other hand, it has been
frequently insisted with what degree
of truth the layman cannot rightly
Judge, that from the libraries contain
ing these interpretations and con-
structions OF conflicting statutory
a resourceful advocate
is able to establish any rule Of law
for which he may contend. Per-
haps because Of this 1t has been pro-
posed many times within recent years
that there be established. by common
consent. what might be termed al
dead line," back of which no
search should be made for adjudi-
Gated cases.
The inclination is to regard as
or less hazardous any proposal
% accomplish, by wholesale methods.
as it were. and ever by the efforts
Of admitted experts the revision and
OF the law, even II the
purpose Is to insure a bet
.er administration of Justice" Legis-
'ation by commission is a dangerous
.expedient. The Constitution of the
Estates and the constitutions
IF the several states provide de-
codes ofba sic laws. The fed
sral and state courts established by
hose constitutions, have construed
from time to time the statutory en-
actments passed by legislative bodies
similarly provided for. 1t is a little
to be informed that
work has been poorly done.
1