Page:The Green Bag (1889–1914), Volume 22.pdf/492

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The Green Bag

which is the foundation of much of the world's more recent legislation, and is preserved almost intact in several countries and in large part throughout Central and South America as well as in our own state of Louisi ana; the more recent codifications of pro vincial, state and national laws of Germany,

Italy and Switzerland. We have no central authority or powerful dictator who can order such a consolidation of our conglomerate state and federal laws. The system of our government too, forbids

the hope that legislation, either federal or national, might accomplish such a result. But what is impossible officially may be possible unoflicially, Mr. Alexander thinks. An endowed foundation that would provide for the compilation and publication of such a code in a scientific and not a commercial spirit, he argues, would have as much prac tical influence as the enactment of the code could have. Justinian, easily the most brilliant of later Byzantine emperors, lives now chiefly because of his Pandects and Codex. Who shall say that, in the days of universal peace yet to

come, Napoleon's fame shall not rest upon his Code when his militaristic achievements shall have been forgotten? Why should not some millionaire escape oblivion by the method of Justinian and Napoleon? Washington Correspondent of 1nqulrer:— NEW LEGAL CODE NEEDED Mr. Alexander and his associates have a proposition for the codification of all the laws of the United Statesinto an American Corpus jurr's somewhat similar to the movement that resulted in the Napoleonic Code in France many years ago. Congressmen here declare that if Mr. Rockefeller wants to dispose of some of his money in a way that will do great good to the country this is his chance. President Taft has frequently pointed out the woeful lack of unity in the decisions rendered in courts of America, with their technicalities and the delays of procedure. Again and again he has urged that something be done towards remedying this condition and Mr. Alexander and his associates say they have the answer in an American Corpus juris. . . . Justice Holmes and the late Justice Brewer, as well as a host of other great lawyers, have expressed themselves on the great need of

such a.well defined legal code, or plain state

ment of the law asit exists in this country. . . . Judge Staake of Philadelphia says that it is pitiable that the question of financing such a project should have to be discussed. As Mr. Alexander puts it, however, there is no plan whereby “the peril of commer cialism" can be avoided but by the work being brought out on a foundation of jurisprudence established by some man of large means anxious and able to use part of his wealth in benefitting mankind; or by such a man advancing the necessary funds to proper . trustees under an agreement to refund the Same from the proceeds of sales, for unless the money is in hand to remunerate the right sort of writers, and to warrant contracts

being entered into with them, it will be im possible to secure and co-ordinate their services. It is now pretty certain that Rockefeller will not be able to induce Congress to grant him federal incorporation of his proposed Foundation. If he wants to make a. ten-strike, the Con

gressmen say, he might finance this plan to give the United States a. well defined law. Chicago Post:— HERE'S GOOD-OUT OF NAZARETH,TOO The remark of a New York banker that "the greatest risk in business is the legal risk" has been making the rounds of the legal journals and the state bar associations. There is no remedy save in uniform state legislation for the complexity produced by the various state legislatures, but, according to an interest ing plea which fills up the current issue of the Green Bag, the confusion worse 00n founded of judicial and legislative enactments may be straightened out by the “complete and comprehensive statement in adequate per

spective of the entire body of American law, our Corpus juris." The late James C. Carter indorsed this proposal heartily, as indeed have many others, but the task has seemed too titanic for any one to attack. But Mr. Lucien H. Alexander of the Philadelphia bar, Dean George W. Kirchwey of the Columbia Law School, and Mr. James DeWitt Andrews, formerly of Chicago and now of New York, have had their heads together on the matter, with the result that the Green Bag contains a very definite and concrete proposal which deserves the close attention of bench and bar.