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The Green Bag
only this morning of the eminent German jurist Brunner, are particularly in point. I refer to Dr. Heinrich Brunner, professor of law in the University of Berlin, whose services in clearing up many important and previ ously obscure points in Anglo-Saxon and Anglo-Norman law, evidenced by the works of Maitland, Thayer and Ames, were so grace
fully adverted to in the Green Bag for April, 1910, p. 262. Professor Brunnet writes (and in this translation the italics are mine) :— "The plan for an American Corpus juris interests me exceedingly. The German jurist who has made no special study of American jurisprudence conceives the body of the law of the United States to be practically equiva lent to that of English law. He interprets the former as in a sense a dialect of the latter. Except in the sphere of constitutional law, the differences are scarcely noticeable to him. The reason for this is to be found in the scope and extent of American judicial procedure,
in the existence of a separate statutory law for the individual states, and finally in the absence of a comprehensive and systematic pre sentation of the corpus of American law. "Only after such a presentation in intelli gible form shall have been made accessible, will the world conceive of American law as something distinct from English law. Only such a presentation will accelerate the inde pendent growth and development of American law, and stamp upon it those distinctive and individual features that shall make it expressive of the complex life and civilization of a great people and a great body politic."
May I suggest that the chief value of Brunner's estimate of the condition here in America lies in the fact that he looks upon us from the world-view standpoint. His simile that the development of Anglo-Saxon law in America is analogous to a dialect of English law is striking. To carry the simile further, the truth is we are now developing in the United States a number of different dia lects of American law by reason of the many independent tribunals which are su preme, and unless a co-ordinating influence such as the proposed Corpus juris is put at work furnishing exact information in the matter of the fundamental principles of our law these dialects will as time goes on grow farther and farther apart, no doubt in some particulars finally attaining almost the status of foreign tongues, thereby further compli cating the administration of justice in our land.
Vide views of Judge Endlich, Green
Bag for February. 1910, p. 110. In striking contrast with Professor Wig more’s gospel of despair is the recent expres sion of opinion upon the proposed plan for a Corpus juris, from one of the ablest American lawyers who has graced our bench, one who is also a great administrator of the law and an intensely practical man, President William H. Taft, who writes:—
“A compendium thus made would be of the utmost use not only to lawyers, but rather more, I think, to laymen.
It will tend to
render the law more certain, and will be of much public service.” L. H. A. Philadelphia, .May 13, 1910.
The Salaries of Judges To the Editor of the Green Bag :—
Sir: I have noticed from time to time, with much favor, your agitation for an increase of the salaries of the federal judges. That these men are underpaid, is notorious, if not a dis
grace to our government. The fathers made the mistake of not having the proper concep tion of the great dignity and power of the ofi‘ice as well as a proper perspective of the tremend ous growth of our country. Democracy was indeed then rampant. But doubtless, while they feel the inadequacy of their compensa tion, almost to the point of humiliation, just
like other mortals in these days of oppressive charges, yet they enjoy the sublime satis faction of feeling secure in their positions for life, and of knowing that, at the ripe and beautiful age of seventy, they can retire on full pay, unvexed by what the political status may be on the morrow. This is certainly worth a great deal, far more than an increase
of salary. For what could be more satis fying and conducive to the best of effort than to know that tomorrow is provided for until the chrysalis of eternity gathers you to her arms! This is doubtless what the founders
