The Washington times., 1923-02-23

Root and Others Attack Com
plexity-Propose institute
For Reforms.
By ROBERT S. THORNBURGH.
Tv~Aa~w@k aOv.aH Nnnum 0mpvEOn

International News Service.
Four hundred Of the country'i
greatest legal minds met here to
day to find out what is wrong
with Americas legal and judicial
system and to remedy the defects
If possible.
Planning an Institute.
Todays meeting, which was held
| in Memorial Continental Hall, and
brought together the chief justices
Of most Of the forty-eight States
and prominent barristers from every
State, aims at the organization OF
| 1.-THE American Law Institute" and
Is probably the most distinguished
gathering of legal forces ever as
sembled In the United States.
That something Is radically wrong
with the American judicial system
was candidly admitted by Elihu
Root, former Secretary of State.
He presented a report to the con-
Vention, the result Of months OF
study, in which he said many Amer
lean laws were complex and UNI
certain, that lawyers themselves
were unable to agree on many laws,
and he recommended an extensive
revision of legal procedure and
court organization.
A general discussion of the com
| mittee's report was to be followed
| this afternoon by definite steps to-
ward organization of the American
Law Institute. Tonight Chief Just
ice William Howard Taft will pre-
side at a dinner in honor of the
visitors. Addresses will be delivered
| by Former Governor Herbert s.
Hadley, of Missouri, and President
John w. Davis, Of the American
Bar Association, former ambassa
dor to Great Britain.
Criticisms By Root.
Root pointed out there is Today
q general dissatisfaction with the
administration of justice" according
to the committees findings. just
cause for complaint exists, 1t was
admitted
The investigation disclosed, Root
said, that parts "of our law are
uncertain and unnecessarily com
| pick; that there are rules of law
that are not working well in prac
tice and that much OF our legal
procedure and court organization
needs revision"
Purposes of the Institute.
According to the report the
American Law Institute should con
Germ itself with the form in which
public laws should be expressed, the
details of private law procedure
| the administration of law and
| judicial Orga nization, but cit should
not promote or obstruct political
social or economic changes
1T is the province OF the people
and of legislative bodies through
constitutions and statutes to ex
press the political, economic and
report declared. "It is the lawyers
province to suggest, construct and
criticise the instruments by which
| these policies are expressed"
Root said the committee believes
the chief defect in American law
is it's uncertainty and complexity.
He added the defects bring useless
litigation, prevent resort to the
courts to enforce just rights, make
it impossible to advise persons Of
their rights, and when litigation is
begun, create delay and expense"
Create Lack Of Respect.
The most serious consequences
|
a. lack of respect for law, which un-
dermines the moral fiber of the
community and becomes a cause of
anti-social conduct" Root said.
LAS a result" the committee
found. 1.-The rich are more apt 10
use their wealth to Cypress. the
business man is more apt to cheat,
and those in immediate want are
more apt to steal. In our opinion
the most important task the bar
can undertake is to reduce the
amount Of uncertainty and complex
ity Of the law"
Chief causes of uncertainty were
given as lack of agreement among
lawyers on fundamental principles
of common law, lack of precision in
use of legal terms, conflicting and
badly drawn statutes, great volume
of recorded decisions and ignorance
of Judges and lawyers"
Members of the United States
Supreme Court, leading supreme
and superior court justices from
practically all States, and cele
brated legal authorities were
present. The more prominent in.
Guided:
Chief Justice George w. Wheeler
Bridgeport, Conn, James f. Rey
nolds. president American Institute