were
The Editor’s Bag
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A GREAT NEED-A MILLION-DOLLAR FOUNDATION OF JURISPRUDENCE THE project outlined in the opening pages of this issue, and endorsed with practical unanimity by the great leaders of thought in the American legal profession, scarcely needs any recommendation from the Green Bag. No one who reads these opinions can entertain any doubt of the feasibility of the plan, of the skill with which every practical detail involved in its realization has been measured, or of the fitness of Messrs. Alex
ander, Kirchwey, and Andrews for the great responsibility of a task demanding ability of the highest order. The tremendous force of these opinions is derived not from their authority or persuasiveness so much as from clear,
flawless logic,
and
no intellect
can
succeed in ofi'ering resistance to the pressure of so potent a force. These powerful argu ments will appeal not only to the lawyer, bent on elevating his profession to the highest level of usefulness and worth, but with equal
certainty to every one deeply concerned for the welfare and progress of society. However, brushing all these enthusiastic and convincing endorsements aside, and considering the question on its own merits, one can have only one opinion. The con summation of the plan for the statement of our body of law is necessary not alone in the interest of lawyers and judges, that the law may be more easily ascertained, more fully understood, more intelligently ex pounded, more readily adjusted to new conditions, and more reasonably developed into a compact and uniform system. It is also needed for the good of the business community. Mr. Francis Lynde Stetson of New York quotes a banker as saying, "The greatest risk in business is the legal risk." As a matter of fact, the general public knows little of the unfortunate condition of our
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jurisprudence, confused and uncertain as it is, requiring the services of skilled advisers to expound, and then likely as not to be mis interpreted. A succinct statement of our system of law, in a form which would satisfy every requirement of orderliness and pre cision, would be of inestimable value to the
commercial community. It would expedite the determination of every legal question, both in and out of court; the necessity for much litigation would undoubtedly be abol ished; and the delays and expenses arising from the labor entailed on counsel in the preparation of cases would be materially reduced. It is curious that in the continual > stream of criticism of the law's delays which is poured forth by the daily press, that important factor in unfortunate prevailing conditions, the chaos and uncertainty of the law, should usually be overlooked.
It may be that the layman will ask, Then why is it that all this has never been done before, if it is so urgent? The answer is simple. It has not been done because laymen, by quick discernment and ready co-operation, have never yet made possible the execution of what cannot be looked for from the concerted action of forty odd governments, or from the munificence of a profession not addicted to the accumulation of large fortunes. Should some philanthropist now come forward to prove that all laymen are not indifferent to the needs of the situation, or blind to an opportunity for memorable public service, the only obstacle to the achievement of a glorious enterprise-the financial obstacle will have been overcome, and the donor will
be gratefully remembered by posterity as the sponsor of the first complete and authori tative statement of American jurisprudence. A more happy combination than that of the three men who are planning this great undertaking could not have been found. Mr. Alexander unites with the physique of
