Page:The Green Bag (1889–1914), Volume 22.pdf/88

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76

The Green Bag

cases classified as to subjects”; and he directs attention to the fundamental fact that "every case presents the possibility of four prime subjects: Sub stantive Law, Pleading, Practice and 'Evidence.” And he asserts:— "The science of citation is to present a diver sified citation, showing the law in all jurisdictions, a classified illustrative citation showing the various applications."

Without elaborating this point further,

index of his memory he can pull what he

wants."

The late George W. Biddle many years ago referred to Chancellor Kent's

Commentaries in a way to make this well-known treatise, on the authority of Mr. Biddle, an excellent illustration of the work of an able and brilliant writer

failing to accomplish what it should, because “compiled without system or logi cal sequence.” A distinguished graduate of his law ofiice relates :—

it is apparent that problems will con

front the Board of Editors which will demand the services thereon of men

of the highest ability in the profession. 3. Necessity for Adequate System of Classification. Many great authorities have already been quoted upon this subject, and the importance of scientific analysis and classification has been force fully emphasized, yet perhaps by no one better than by that luminous scholar,

"We had been tall-ring about Kent's Com mentaries, and Mr. George W. Biddle stated they showed the ability of Chancellor Kent, and that there was much that was brilliant and masterly in the volumes, but that it was

all compiled without system or logical sequence: and I have never forgotten that at the time there was upon the table a large kaleidoscope which some one had brought in, and as he

was discussing the subject Mr. George W. Biddle picked up the kaleidoscope and said: ‘This reminds me of Kent's Commentaries a mass of brilliant things thrown together.’"

Austin Abbott, who asserted :—

Lost as is the profession today in the "One of the chief defects in legal writings and compilations at the present day is imper fect classification. The immense multiplicity of authorities require thorough analysis and classification, lest we be lost in a labyrinth of contrasts. Imperfect classification is not merely a defect in the results of research—it is a hindrance in the process of research."

Wilson (as may be seen by reference to the quotations from him in the fore part of this memorandum), insisted upon the necessity of an adequate logical system of classification. Concerning the importance of system atic organized knowledge, one of the most learned jurists in America in a recent letter makes this interesting com ment: "I quite agree that a man who has not some sort of systematic relation will not think philosophically, i. e., profoundly, but will re

main like many successful practitioners simply the carrier of a ragbag out of which by the

labyrinth of reported cases, and sailing

as it is over the vast sea of the law without adequate chart or compass, yet

the task of stating our Corpus juris, it has been made plain by some of the greatest minds which have adorned the profession during the last century, is by no means an impossible one——this task of erecting that great "Edifice of Law" described by Judge Dillon “primarily designed and adapted to daily use,

which shall be at once symmetrical, harmonious, simple and commodious."

After all, in the last analysis, it is mainly a question of practically organ

izing the brain-power of the profession, under an effective plan, in order to make the production of this great work pos

sible at an early date. Executed in the way outlined above, we believe that the American System of Law, embracing the Constitution and the