The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1923-08-23
JUDGE POINTS
OUT DEFECTS
OF u. S. LAW
Says Prejudices of People
Make Changes Es-
J.. sential
LOOK INTO. LAW s
Investigating Committee Ad.
vises Certain Reforms,
Says McKenna
Especial to The Tribune }


Devils Lake, N. D.. Aug. 23.--"Th.
two chief defects in the American
laW, today are its uncertainty ane
it's compleXlty," said Judge Georg,
M. McKenha of Napoleon at the
meeting Of the Bar Association. o.
North Dakota here today in discuss.
ing '"The American Law Institute"
This lack of agreement. among the
members of the legal profession or
the fundamental principles Of The
common law are due th hcfiy to l.,cI
of precision in the use of lega
terms, conflicting and badly drawr
statutory provisions, attempts &
distinguish between two cases wher,
the facts present no distinction ir
the legal principle applicable, the
great volume of recorded decisions
the ignorance Of judge and lawyers
and the number and nature of move
legal cases, was asserted by Judge
Mckenna in the course of his ad
dress, when he discussed the conclu
sions reached by a group of eminent
men of the legal profession in thei,
Investigation of the short comings OF
law and remedies. The judge said
that this group of men asserted
that:
"All were agreed that a re-state.
ment of the law was necessary. That
it should be analytical, critical and
constructive. That the work should
show on its face that it has been
done with thorough examination
and careful consideration of the
present sources of the law. That this
means that the work should contain
complete citation of authorities, de-
cisions, treatises and articles Rec
ognizing that the legal profession
will never, have confidence in the re-
suit unless those responsible for tho
work give this tangible proof OF
care.
"That it is not intended that the
re-statement Of law shall be adopted
by legislatures as a code. The re.
statement of law should be a re.
statement of the common law of Eng.
land and America and it is not de.
sired that the re-statement should Se
distinct features of the common law
namely, it's flexibility or it's fullnes,
Of detail, would have to be sacrificed
"That' to fulfill it's objects the re.
statement must have authority great
er than that now accorded to any
legal treatise, an authority more
nearly on a par with that accorded
the decisions Of the courts. To de.
velop among judges and lawyers the
feeling, that it has this high degree
of authority the work of making the
re-statement should from its incep.
tion be generally recognized as q
work carried on by the legal pro
fession in fuifillment of an, obllga.
tion to the American people, to pro.
mote the certainty and simplicity Of
the law. As one eminent lawyer said;
IF you can have the law systema
tically, scientifically stated, the prin.
ciples statedyby competent men, Civ
ing their discussions sof the theorie.
upon which their statements ar.
based, giving a presentation and dis.
cussion Of ell the judicial decision.
upon which their, statements ar.
based. and, if such statement cal
be revised and criticized. and teste:
by competent group of, lawyers o.
eminence, and when their work Al
done, if their conclusions can be sub
mitted to the bar - :, we will hav,
q statement of the, common law .
Continued on page q