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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