Evening star., 1948-05-20
Law Institute Hears
Justice jackson al
lis Opening Session


engaged in a restatement of the
law, Justice H. Jackson today told
approximately 200 members of the
American Law Institute in the
opening session of its 25th annual
meeting in the Mayflower Hotel.
The Supreme Court jurist was in
troduced by former Senator George
Wharton Pepper. who is retiring
this year after IS years as presi-
dent Of the institute. Mr.. Pepper
observed that Justice Jackson's ad-
dress would be a "benediction" since
fortunately the justice is not of
that mould which recently prompt
eda Pennsylvania judge to resign
because he could not decide against
both sides"
The sessions are being held joint
ly with the National Conference Of
Commissioners on Uniform State
Laws and will continue through
Saturday. At the annual dinner at
8 pm. tomorrow, Supreme Court
Justice Felix Frsnkfurter will be
the principal speaker.
Justice Jackson referred to the
decline in the place Of the COM
mon law" as "a part of a more or
less worldwide impatience with the
gradual and deliberate pace of
growth under the judicial process"
Difference in Legal View.
Observing that the world struggle
today involves legal procedures as
much as political and economic sys-
TENS, Justice Jackson said the basis
Of Communist doctrine rests on the
theory that there is no separation of
powers and that "the court has been.
and still remains a weapon
in the hands of the ruling classes
for the purpose of safeguarding its
interests"
"The most striking feature of this
concept" he continued, lis its primi-
tive mingling in the court of the
two functions that Western civiliza-
ton years ago divided between the
court and the legislature.
He attributed this to the fact that
the Soviet Union is "at least 800
years behind the Western world.
It comes from a people
whom the Renaissance, the Reform
alton and the great democratic.
awakening that followed our own
and the French Revolution hayes
never touched. Their history has
no Magma Carta, no Bill of Rights.
Their heroes include no Lord Chief
Justice Coke to remind the Gar
that he rules under God and the
Law No Jefferson"
No Effective Guidance. ~ .:,ss] 3
Turning to the difficulties under
which the courts of the United
States now operate. the speaker said
"the unfortunate fact is that nei-
ther Congress, in the choice Of Ian
gauge it will use, nor the courts, in
the meaning they will ascribe to
Congress, have really effective guild
ance from consistently accepted
principles of interpretation"
He concluded that Justice Oliver
Wendell Holmes was right when he
said I'VE do not inquire what the
legislature meant, we ask only what
the statute means"
TT would help give objectivity to
the process of Interpretation and
assurance to drafting of statutes"
he said in closing, "if we could have
general acceptance by the bench as
well as the bar of a few basic prin-
ciples of statutory construction.
Perhaps the institute could devise a
disinterested restatement that
would commend itself as an accept
able standard for enactment by
Congress, or for application by the
courts"
The institute. which comprises
leading members of the bench and
bar and professors of law from all
parts of the country, will devote all
its sessions to study of proposed
code of commercial law.