Evening star., 1923-02-23
American Institute Proposal
Laid Before Noted Jurists
at Continental Hall.
ROOT WARNS OF PERIL
OF INCOMPETENT OPINION
Authorities Always in Conflict, He
Declares-Daugherty Letter
Reveals Needs.

foremost judicial and legal authori-
ties, including the justices Of the
United States Supreme Court and most
OF the state supreme courts. assem-
bled in Continental Memorial Hall
here today to consider the possibility
of establishing an American law in
stitute to authoritatively interpret
the great mass of statutes that have
been and still are being enacted.
Elihu Root, former Secretary of
State under President Roosevelt, pre-
sided and was elected permanent
chairman. In his address opening the
meeting. Mr.. Root declared that the
time is not far distant when American
courts will no longer have competent
authority on which to base their de-
cisions. Individual judges, he said,
will be obliged to interpret the stat
utes solely on the basis of their per-
sonal views, whether right or wrong.
Always In Conflict.
To-day our authorities are always
in conflict" Mr.. Root continued.
Where we find one court interpret
ing a given statute one way, we Will
find another which takes the opposite
view just as strongly. Our system of
laws has become so vast and compli-
Gated that it Is almost impossible to
make competent investigation. In
the five years which ended in 1914.
1900 statutes were passed by Con-
gress and the legislatures. In the
same time there were $4,000 decisions
handed down by the courts relative 10
them"
The need today. Mr.. Root declared.
is "a reinstatement of American law
by competent authorities. which
would be not only an lnterpretation
but a prima facie basis on which
American law could rest. 1t would
be the ready reference to which the
judge and lawyer could reliably turn
without having to pore back over
thousands of law books and previous
cases before presenting a case Of
their own. No Congress or legisla-
ture, he said, can command such
reinstatement. 1t must be done by the
judges and lawyers themselves anu
one who stands in it's way Will be In
danger of being run over.
Based On Reports.
Today's meeting resulted from the
appointment of a committee on the
establishment of a permanent organ
ization for the Improvement OF the
law. of which Mr.. Root was chairman.
This committee, composed of legal
experts from every state in the Union,
has been compiling an ofnclal report
on a restatement of the law ana the
establishment of an American law in
stitute. The report will be submitted
and considered this afternoon.
Speaking for favorable considera-
ton of that document, former Gov.
Herbert S. Hadley of Missouri urged
the meeting to demand restatement
of criminal law and criminal proce-
dure before all else. The process OF
criminal procedure in most of the
American states, the speaker declared.
is a disgrace and means only that
major crimes must increase alarm
ingly in the future.
5000 Homicides. Few Convictions.
There were 5000 homicides in the
United States last year." former Gov.
Hadley said. THE conviction in these
cases totaled less than 10 per cent.
Great Britain, Canada and other ma
tions, with only one-fifth as many
homicides, obtained conviction in SO
per cent of their cases. No country
can have an increase in crime so far
out of proportion to its increase in
population as the United States and
with our criminal law is our failure
to administer it properly. An investi-
CATION in eleven states shows that OF
1926 typical cases the average num-
ber of decisions reversed by appel
late courts was 331s per cent. In
other words, the trial judges were
wrong in one out of every three GRIM
inal cases.
Due to Inexperience.
"Of course, we must take into con-
sideration that some of these reversals
were due to inexperienced prosecutors.
inefficient police departments and
supercritical appellate courts, but the
average would still demand an imme-
diate restatement of criminal pro-
cedure."
The meeting proceeded Immediately
to consideration of the report prepared
by Mr.. Roots committee. Lawyers and
legal authorities declared this to be
the most important gathering ever pro-
profession, and it's scope of purpose is
expected to affect the American legal
system and the relations of the lawyer
and layman as no other assembly ever
held.
Each state in the Union Is repre-
sented, in nearly every case the chief
Justice of hts supreme court represent
ing the state. Chief Justice Taft re-
Continued on Page 2, Column g.