The Green Bag
8O
methods or plans under which the pro duction of such a work could be brought about practically, to wit :— I. The Commercial Basis, which means
its publication for profit; and II. A Foundation of jurisprudence, which means its publication pro publico bono. A third may occur to some, to wit,
Governmental Action, but that will not be seriously presented, as it has been
declared inexpedient and unwise by
such an undertaking financially possible, unless they controlled the work (which could hardly result other than in the cheapening of the class of editorial
writers
to
be
employed)
for they
have encyclopadic digests which would
doubtless be displaced by the new publi cation. The most practicable thing, therefore, from a commercial standpoint would seem to be the organization of a stock company to float it, but such a great movement as this ought to be
great authorities, as will appear from quotations from them here and there
saved from the bane of commercialism. Indeed, it would be difficult to express too strongly how important it is that so
through preceding portions of this Memo
great an undertaking should be saved
randum. Furthermore at the present time it is clearly impracticable, in part owing to the antagonisms existing be tween the two great schools of political
from its perils. While there can be no doubt but that the plan after a fashion may be floated on a purely commercial
thought in our country in the matter of the powers which belong respectively to our dual governmental agenciesnational and state. If such a work, as the exact statement of the American
basis, the tendency to secure cheap
talent could hardly be avoided. This point is emphasized by Chief Justice McClain, who says: "The work cannot, as you well say, be en
trusted to commercial interests."
Corpus juris, were to be a governmental Judge production, it should be under the aus
pices of both the national and state authorities, but anyone who understands
Grosscup
and
others
have
spoken of the “practical difficulties in the way of finding a publisher” for so great a work. Judge Grosscup says as
the trend of thought in America can to this :—
realize the impracticability of securing joint action by Congress and any con siderable number of State Legislatures. The two practicable plans—(l) the Com mercial, and (2) that which I will call the
Foundation of jurisprudence plan, will be briefly considered. 1.
Commercial Basis.
This again sub
divides into two possibilities, to wit:
(a) The production of the work as a strictly commercial venture by one of the big law publishing firms or by a combination of them; or (b) its publica tion by some concern organized for the specific purpose.
“A great work like this does not always appeal to men with whom the first considera
tion is what profits can be reaped."
And of the proposed work itself, Judge Grosscup declares : “It will give to the law what Herbert Spencer gave to science—-a synthetic struc ture large enough to cover every subject involved and so scientifically arranged that each detail will be found in its proper place and relationship.” ' Hon. Francis Lynde Stetson, resource
ful leader of the New York Bar and the President for 1908-9 of the New York State Bar Association, writes :-— "No such work now exists, nor is one pos
The big law publishing firms could hardly be expected to aid in making
sible of production purely asll-ja commercial venture, for a digest informed and restrained
