The Republican. [volume] (Oakland, Md.) 1877-current, 1929-07-11
LEGAL REFORM

keep track of according to legal au
thorities generality
With hundreds-maybe thousands
of old laws, still unrepealed, that not
even the wisest lawyer knows OF, ex-
cept as he may happen on one of them
accidentally, like geologist stum-
bling on a new kind of fossil lac
cording to Chairman Roy G. Fitzger
aid of the house of representatives
committee on legal revision)-
With any law, once passed, virtual
ly impossible of repeal, though about
half of them ought to be repealed lac
cording to Congressman John N. Gar
ner, leader of the minority in the rep
resentatives' chamber)-
America continues to pass addition
al laws faster than any other Give of
the worlds leading countries put to-
gether" according to General Counsel
James A. Emery Of the National AS
sociation of Manufacturers, who con-
siders so many laws an unmitigated
nuisance).
America is at an advantage over the
rest of the world in the matter of
legislative record breaking because of
the cooperation between congress and
all the 4S states respective law-mak-
ing bodies.
Counsellor Emery puts their aver
age biennial output at something over
10000 statutes.
However, nobody can make even
good guess at the size of the entire
accumulation of new and old ones
heaven only knows how many of the
latter are lying dormant.
Dormant" is right; they are not
dead. Every now and then some slick
lawyer digs up one of these ancient
enactments to spring on his rival I'M
expectedly and throw him into disor-
der. 1t usually does so-just as an
arrow through his vitals would discon-
cert modern soldier.
Quite a noteworthy instance of this
was brought to congress attention
few years ago by the late Colonel
James B. Ownbey, Colorado mining
engineer.
A pre-revolutionary law of the type
referred to above-it was known as
the "Custom of London"-had been
utilized against him in the Delaware
courts some time previously at cost
to the colonel in excess of a million,
and he resented it bitterly.
In due course the lawyer, who had
played the trick on him was appointed
to the United States supreme court
and the colonel FASTENED to Washing
ton to fight his confirmation by the
senate.
He lost, the senators deeming it
legal fair play; but they did agree
that such laws ought not to be left I'M
repealed on the statute books.
In fact, the scandalized Delaware
legislature already had repealed the
"Custom of London"-repeal does oc-
casionally follow, after the damage
has been done-and tried to do it re-
trocativeIy, but the supreme court We
toed that.
Of course all this case proves is that
such legal confusion is dangerous
sometimes even sideswiping pretty
influential individual, like Colonel
Ownbey, who is overheard when he
bowls about it.
Incidentally, some members of con-
gress insist that it breeds disrespect
of law-so much complained of re-
Gently.
Congressman Fitzgerald of the rep
resentatives' legal revision committee
adds that many laws are hazy; that
they conflict; that one law often en-
ables a person to evade another law;
that there are laws which nobody can
find, as well as laws which nobody
ever heard of; that the whole situa-
ton is a terrible hodge-podge.
1t seems like a good proposition for
President Hoover's law enforcement
commission to tackle-how can laws
be enforced which are SO muddled
The difficulty is that the presiden-
tial commission is too temporary.
Congressman Fitzgerald says the
adequate legal reform is job for sew
eral successive lifetimes.