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courts, when once a diversity in case law appears among the several states, is slow and uncertain, while that of the legislatures is prompt and sure. The courts are obliged to wait until some case is presented for decision in the ordinary course of litigation before they can act. The action of the legislature may be invoked at any time. It does not follow, however, from these considerations, that the friends of uniformity of law should favor the enactment of codes or statutes which invade the province of case law. A comparison of the merits and defects of the two systems must first be made." Such a comparison convinces Judge Schofield that rules made by experienced judges, with direct regard to facts proved in court, are more likely to be just and adapted to each case than general rules framed by statute upon such statements of fact as are usually made before legislative committees; the courts have the benefit of the assistance of counsel in declaring the law, and criticism by expert professional opinion is efficient pro tection against arbitrary action; responsi bility for case law is fixed upon the judges, while in legislation it is not fixed; case law is based on principle, has historical continuity, and aims at logical symmetry, while statutes, although based on principle, as a rule stand by themselves; the closer touch of the legis lature with popular feeling has advantages and disadvantages, but it is an advantage to the community that case law develops slowly. Case law is useful as a basis for legislation when the principle of the cases has been . developed to its full extent, and the needs of
the community require a modification of the principle, or the introduction of new rules based upon new principles. "The community in short is better served when private or case law is left to the courts, and legislation is confined to administrative law, and to dealing with new political or economic or social conditions which common law or equity cannot meet." "The quality of the law depends at last upon the quality of the work done in making or declaring it. ... An American bar, in spired with a love for the common law, and well grounded in its principles, is a force more essential to the uniformity of law in the United States, and to a sound development of the law, than the enactment of uniform statutes or codes. It is also more difficult to obtain. To produce and maintain such a bar requires long co-operation by all the law schools of the country upon a general plan of education, and the steady leadership of the courts in adhering to sound principle, even when opposed to precedents." To obtain a complete view of the subject of uniformity of law Judge Schofield will con sider one further topic briefly — the relation between the state and the federal courts. . WILLS. "Limitations on the Power of Testamentary Disposition," by F. R. Jordan. Commonwealth Law Review (V. v, p. 97). WORKMEN'S COMPENSATION LEGIS LATION. "Recent European Legislation with Regard to Compensation for Industrial Accidents," by Sir Kenelm E. Digby. Yak Law Journal (V. xvii, p. 485).
