Evening star. [volume] (Washington, D.C.) 1854-1972, 1927-07-31
ATTORNEYS SORT
OUT 100000 LAWS
Institute Committee Seeks to
End Conflicts in Ameri-
can StatuteS.'
BY LEMUEL r. PARTON.

BARNSTABLE, Mass. July oo.-
Leading jurists and lawyers are at
work in t...S quaint little clam-digging
village sorting out the 100000 laws
which now stand on the statute books
of America FunCtioning as com
nlittee of the American Law institute
they hope to assist courts and attor
news in catching up with the law mills
which last year alone ground out
about 1lo.111 new State and Federal
laws.
This glut of laws has led not only
TO the clogeing of legal machinery, but
TO conflicts of laws of different States,
conflicts betwene decisions and prin-
ciples of law and pressing questions OF
international law. requiring adJudica'
ton. The American Law Institute.
established under the leadership OF
such nationally known members of the
bar as Elihu Root. George w. Wick
ersham and William Draper Lewis.
has undertaken basic studies, later TO
be embodied in statement of govern
ing principles and precedents for the
use of American lawyers and judges.
Hope to Provide Guidance.
While the institute is an unofficial
body. the present inquiry is the most
thorough and far reaching ever made
and it is hoped that its findings will
be so Soundly intrenched that they will
provide guidance and authority des-
perately needed in the present Confu-
sion.
The committee meeting here is de-
voting its present session to conflicts
of laws. William Draper Lewis of
Philadelphia is director of the com.
mission. Prof. Joseph II. Beale of
Harvard Law School is the official re-
porter. The other members of the
committee are Prof. J. w. Bingham
eff the New Orleans bar, Prof. W. A.
Scott of Harvard Law School, Judge
+. +. Faville Of the Supreme Court
Of Iowa. II. F. Goodrich of the Uni
versity Of Michigan Law School and
Nathan Green of the New York bar.
Prof. Beale. one of the leading au-
thorities in America on both. abstract
end precedent law. previously had
prepared for the committee an
analysis and a statement Of a govern
ing principle in instances of conflict
ing laws. The committee is now using
this study as a basis for it's final
. analysis. which will go to the council
of the institute next December. If it
IS adopted by the council. it will be
published and sent to members of
the bar and the judiciary and will
finally he acted upon at the meeting
of the institute at Washington next
May.
May Provide Foundation.
While this undertaking does not |
involve a remodiflcation of American |
law. its sponsors hope that it will |
provide a foundation for whatever re- |
vision may be necessary later on. 1t |
is the outgrowth of increasing COM |
plexity and confusion which led in
formed opinion to the conclusion that
a profound and scientific examination |
of the entire structure of American
law was imperative.
The effort of the committee is to
make its findings so unassailable that
they will acquire at least a quasi-ofi |
cial standing in the courts. The final
report will be so documented, indexed
and subheaded that it will provide an
almost instantaneous summary not
only OF precedent. but of principle. |
with a statement of the committees
finding as to safe, controlling opin-
ion in each case.
Conflicts Must Be Cleared.
at is difficult for a layman to re-
alize the importance Of this work of
clarif1cation," said Mr.. Lewis I'm
the matter of contracts alone it is
imperative that the conflicts be clear
ed up as to the laws governing dis
charge of obligations in different
States. Our increasing intercourse
with other nations is continually rails
Ing new problems concerning the
working of our laws with those of
other countries.
There are cases where precedents
are clearly in conflict with some I'M
questioned principle Of the law. What
was to be done about this? We have
attempted to make the institute rep.
resentatiye of the leadership Of the
American bar and the American
bench. 1t seemed to us that the only
thing to do was to examine both law
and precedent. putting in just as
much time and work as necessary
and then put our findings in the
hands Of every attorney and Judge in
the country. That is what we are try
Ing to do.
! fCoptriSht 1927