Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1926-04-05
NEED OF LEGAL RESEARCH,
ETC.

AS should be expected there is
cogency in the plea of Dean Pound
OF the Harvard Law School for an
endowment, which may enable the
law school to undertake needed legal
research; that what research has
done for the prevention and cure of
disease may as well be done for law.
He recognizes a tremendous strain
now imposed on the administration
of justice In general and OF criminal
justice in particular.
IF a generation ago it could be
said with some truth that We were
a judge-ridden people, it may be said
with more truth today that we are
a commissioner ridden people. The
characteristic institutions of our in
herited common law are affected
profoundly by the revival of personal
government which goes along with
this era of administrative commits
sions. In particular. the common
law doctrine Of drawing principles
past. to decide the controversies OF the
present is threatened by admins
trative methods which treat all
questions concretely as particular
questions, not as illustrations of
some general principle: which regard
administrative action as unique
series of independent acts.
I'VE may not rely upon laymen to
make the administration of justice
in this country equal to its task I'M
der the conditions of today, nor may
we hope to affect what is needed
through the incidental efforts OF
;.,;,, 10, he of
practitioner of today is too special
lied, and he is too much engrossed
with the management of enterprises
and the practical guidance of busl-
ness to be in position to contribute
more than an occasional ingenious
detail to the solution of our prob
lens.
Bar associations are accomplish
ing much. But they can do no more
than organize the efforts of practis-
ing lawyers. and are subject to the
same limitations. Nor can judges dc
much for US. The dockets Of courts
are too heavy. The view of the prob
lens of justice which any court may
get Is too fragmentary, and Its eX-
perience Is too specialized or toe
local to make 1t possible for courts to
do for our time the sort Of thing they
did so we'll in the formative era OF
American legal institutions.
American law schools can render
a real service, not merely to the
profession. but to the economic and
business interests Of the country
and to every citizen by carrying on
p the scientific investigation on which
the law reforms of the future must
go forward
II We accept his conclusions and
though all he hopes for be accom-
plished by such research. there will
remain the necessity of making use
of the knowledge so obtained before
we may expect the fruits. Consider
ing the little use we have made OF
the really excellent suggestions
which the bar associations have
from time to time made for the pub
lies edification it would be worse
than futile for us to sit back in con-
fident expectancy of millenial relief
from research. We hope Dean Pound
may be able to attain his object, we
hope the research may be all that
he anticipates, but in this we can
find no excuse for the public
neglect to make use of the knowledge
1t now possesses and it does not
seem unkind to express the hope
that the Dean Pounds will not be-
come so engrossed in research as not
to find time for arousing and
stimulating effort to make use of the
facilities already obtained. but which
II seems we are so sadly neplectiDg.
Unless this be done we will be I'M
fit to apply the wisdom research may
reveal.