New Britain herald. [microfilm reel] (New Britain, Conn.) 1890-1976, 1930-05-22
WCRMSER FAVORS
DRY Law REPEAL
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dict NJ. Holden Of Hartford and At
torney Joseph P. Berry of Hartford.
The speaker said he did not believe
the law could be enforced. saying
that 1t was "a gigantic error to place
mere police regulation in the con-
stitution of the United States
Distinguished Guests Present
About 90 members of the bar, in
Guiding state supreme court JUS
tice. an attorney-general Of the
state, a states attorney. city and po-
lice court judges. probate judges,
honored members Of the profession
and members of the New Britain
Lawyers club attended the banquet
Judge Bernard i. Gaffney. presi-
dent of the local association, prcsid-
ed.
Corruption in New York
Speaking OF the judiciary in New
York state, Prof. Wormser said that
a. the top, the last court of appeal,
there was purity and perfection but
at the bottom, there was corruption.
He intimated that free trips TO Eu-
rope were not conducive to meet
irg the best ends of justice. He
stated that one of the greatest prob
lens for the bar was the starving
and impecuaious bar in the great
cities of the country.
He paid an exceptional compli-
ment to a decision rendered by Chief
Justice Wheeler in the Connecticut
supreme court recently. He termed
il a fearless decision but stated
that it made new Law. He cited the
case as one wherein a person was
drowned at public bathing beach
and his estate sought to recover
damages because proper safety ap-
pliances@were not provided. Justice
Wheeler said that when public
beach is opened, the proprietors be-
come persons who seek to have it
used and those who use it become
patrons. He decided that the estate
could recover damages. He said
there was no precedent for that.
He claimed that professors of
law at Yale and Columbia were on
the wrong track when they attempt
to modify the Law. He said that
there was no such a thing as legal
certainty and that absolute certainty
vas not so desirable,
Theodore Roosevelt. he said. who
Rad certain amount of contempt
for lawyers. was the author of the
statement that the law must yield
10 the majority of the people.
BIames BoOtleeging
In discussing Law enforcement,
Professor Wormser stated that he
believed bootlegging was at the very
bottom Of the gang problem. He
stated that he was a teetotaler
and he could not understand why
college boys should go into a lava
tory and drink poison Whlskey. At
the same time, however. he could
understand that they were unable to
understand why he was SO narrow
minded as to object TO their actions.
In discussing the undue weight
"ulCIl olt'li - SlN'I ~ lllNlt lV . q
precedent, the speaker said IN
part:
The unfortunate tendency today
Is 10 regard the law as merely a
vast conglomeration OF presidents.
On almost every conceivable propD-
sition a decision is to be found, and
the first thought Of counsel is 10
seek for a case in point. Indeed, a
judge may decide almost any ques-
ton any way, and yet find support
in the case law, If not OF his own
Jurisdiction then to some other.
The science of the law is in seri-
Gus danger Of being reduced to the
status Of game of checkers,
wherein, if the plaintiff player
moves his black counter,-being q
case which is fondly conceived TO oe
In point,-the defendant player
must promptly meet the move with
his white counter,-a. case believed
to be still more closely IN point,
Legal arguments, for the most
part, resolve themselves into a
matching and unmatching of cases.
The simple truth is, whether law
yers like it or not, that reason and
principle are the only digestible
foods for an intelligent mind. Pre-
cedents are Of inestmable value.
en- bodying a they do the wisdom of
the past. in SO far as they are based
Upon sound reason and prevalent
social custom and usage. But in
SO far as they conflict with these,
they may become at times a men,
ace, and at others a dubious ad-
vantage.
Lord Mansfield. one OF the great
est jurists who ever lived. repeated
l. brushed aside all petty obstacles
and pointed out. once and for all,
that law was based on reason and
justice, both of which are and must
be her hand maidens' and her sup
port, and this enumeration is ap-
proved in all civilized countries. The
failure to observe il, at times, has
led to profound dissatisfaction
with the science OF Jurisprudence,
which, though largely unjustifle1 l.,
Is nevertheless not WthoQt some
measure of justification
Reason and Justice Necessary
The speaker emphasized that law
must be fundamentally based on
considerations OF reason and justice
ard on prevalent social and econom-
&c conceptions, saying in part:
IF it be remembered that law is
based on reason and justice, and
that we must consider not only The
precedents of the past but the obi
cations OF the future. many of the
difficulties in the pathway of the
law will be removed. The erroneous
conception of the force Of precedent
~ found in Portals plea in the
Merchant OF Venice Act ", ].