88
The Green Bag
Justinian’s name immortal could not
death at fifty-six), however many have seen the need, all have been appalled
have been produced. As I have repeatedly endeavored to indicate in this Memorandum,“ the call to arms " has gone out over the profession now for more than a century, yet no one has responded and produced the work which circumstances demand, a complete and logical statement of our
accomplished it. Yet the thing has got to be done eventually if for no other reason than to lighten the labors of the practising Bar and thereby make
Corpus juris. For the first time it is believed a practical plan is now presented
possible the administration of Justice at so low a cost as to enable the average
and the question is, “ Shall it be availed
citizen to secure cheap and speedy Justice. It seems clear that if some powerful
of and in the most efiective way-or shall this great enterprise be slaughtered by commercial interests? " It is of course far better that “ the plan ” for its crea
tion should be utilized commercially than not at all, yet it is hoped it may be saved from that and its production made possible in the best way absolutely
freed from the bane of commercialism. The opportunity is at hand. The de cision must be made, and if those who realize and know the need can so mass
their influence as to secure the financial backing that is essential to save this great enterprise from the “perils of
commercialism," they can insure the work being all it ought to be and can be.
Of course the really difficult thing is to impress a man, who knows nothing of law from the scientific philosophical
side, that (a) a most serious condition actually exists (which he would naturally doubt)—a condition that must be rem
edied to prevent ultimate chaos in our judicial system, and (b) that it can be remedied.
How can such a man be brought to realize the situation? The point which I would leave with
you is that great as has been the need for such a work as that outlined, yet
since Wilson's day (his plan having been forced into abeyance through his inability completely to execute it, owing to lack of time at his disposal and his untimely
by the stupendous task and no man, neither Wilson, nor Dane, nor Carter, nor Dillon, nor Holmes, nor anyone has
member of the “ philanthropic phalanx" could only see the true situation, he would realize that a rare oppotunity presented itself to immortalize himself by having such a monumental work
produced under his auspices, and under a plan too which will insure the ultimate return of the funds to the foundation, making the same available always to aid
other projects in the field of jurisprudence. Indeed, would it not be the surest way such a man could possibly find to secure
real immortality, but above all that to do a lasting service to a nation? Some may think that the Carnegie Institution at Washington might finance this project, but its funds would not be available, for apart from the fact that its income is fully taken up, only income is available under that foundation, and
it is not income but the temporary investment of principal that is needed to float this undertaking as it ought to
be floated. Before it, measured by its scope and possibilities, the activities of even the Carnegie Institution in Wash ington pale into insignificance, spending as it does much of its income in the preparation and publication of laborious (and no doubt in the main 'ualuabb),
scientific investigations which while they improve man's physical well-being, accomplish nothing in improving and
