tifically accurate and, practically a matter of comparative ease; and at the same time would indicate to the respective commissioners the precise material required of them, and reduce the labor, involved on their part, to a minimum.

Thus will the body and all its parts work together, and thus be secured the utilization of all the faculties embodied here, and thus will the loss of wasted energy and fragmentary effort be reduced to a minimum.

The important thing in this connection is to remember that co-ordination is not simply concentration; it is not merely co-operation; it is not simply making and following a program. All these are important, and are essential parts of co-ordination but co-ordination means more than any one of them. It means the performance efficiently and effectively, by every separate unit in this organization, commissioners, committee and officer, of all and every the tasks which fall into his or its particular province, with an eye single to the purpose of uniformity. Every unit must support every other unit and all must unite in the aid of each. If there be a state which finds it hard to recognize the value of the principle of uniformity of law, as embodied in any one or the other of the acts of the Conference, then the committee which framed the act must, in conjunction with the commissioners of that state, make a brief in support of it, study the temper of the legislature then in session, secure the support of the local Bar Association, if it may be secured, and overcome the difficulty by concerted action. It may be suggested that it would be wise in the case of each of the acts, as it is promulgated by the Conference, and even in advance of the occurrence of a contingency calling for its immediate use, to prepare a short memorandum embodying the arguments generally in support of uniformity, as well as the arguments specifically in support of the particular act, for use by the commissioners in submitting the act to their local Bar, their own particular Bar Association and their state legislatures. It is submitted that there is, perhaps, no more practical or useful action which could be taken at this time in the further ance of co-ordination and to effectually carry out our objects, than to establish a course of procedure in pursuance of which such a brief of arguments and authorities, and such a memorandum embodying the particular persuasive considerations which brought

about the adoption of the specific measure referred to, should be always available for presentation, when and where the need arises.

By the adoption of such methods, co-ordination is transmuted. from an attractive theory into an effective practice.

BIBLIOGRAPHY.

It is the dictum of sound philosophy coming down to us from a remote age and from the lips of a great teacher that it is " by their fruits ye shall know them." The fruits grown by the patient planting, and watering and tending, by the Conference, are the Uniform Acts brought to a fine state of maturity, approved, and submitted to the state legislatures. But let us not forget that no fruit is grown or ripened without leaves. In our case it is the "leaves" of literature, protecting and giving food and drink and life to the fruit which is in course of production. Those "leaves " are not only an important, they are an indispensable part of the work done by the Conference, and by its friends, yes, and even by its critics. They should be welcomed, cherished and perpetuated.

The bibliography of the movement for uniform laws is one of the things upon which we may well lay particular emphasis at this time, and with reference to which you will perhaps accord me the privilege of making a somewhat urgent recommendation.

At this stage of the development of the Conference there should be a bibliography, as complete as may be, compiled, arranged and published, after some carefully devised and scientifically accurate plan.

Even you, who have nurtured and watched with deep solicitude the growth of our cause, would, it may safely be predicted, be astounded at the extensiveness, the scope, the depth and breadth of the literature which has accumulated upon our subject-the essays, the theses, the addresses and the critical analyses of our history, activities and progress which have been made. They furnish not only an ample fund of information upon the theme, but they supply the mirror held up to the organization and its accomplishments, wherein one may see, with clear vision, just what manner of organization we are; and having observed the truth, go on, inspired to still greater improvement, warned against early

mistakes, and mindful that the next reflection from the glass of truth must be made much more satisfying than the last.

Into the realm of important legal literature of recent years, have come many treatises dealing with one or another of the branches of the steady growth toward uniformity. It will not do to receive them and then discard or neglect them. Every exploration returns with something valuable to the science, for science lives and waxes strong upon the sacrificial offerings laid upon her altars by her devotees. To appropriate the fruits of these tours of discovery, which are taken in the name of uniformity, is but elementary wisdom. To preserve and make available all lawyer-like and scholarly writings upon our subject and thus spread the gospel is no mean or negligible part of the function of its true disciples. By way of illustration, permit me to refer to a certain prize essay, the work of a student of the Buffalo Law School, Sicherman by name, which has come to my hands by the courtesy and interest of Dean Carlos C. Alden, our fellow-commissioner. It happens to deal with two provisions common to many of our uniform acts which enjoins uniformity of interpretation upon the courts. Incidently the essay convinces us, by implication, of the timeliness and propriety of the grave consideration, which was given at our sessions of last year, to the topic involving the obligation laid upon judicial officers as a matter of law, under the legislative direction, to co-operate in the work which we are endeavoring to perform, by the rendition of decisions in accordance with the duty thus imposed upon them. In the course of a thorough examination of the decisions in various states, dealing first with the general practice of the courts, in adopting, along with a statute from another state, the decisions interpreting its provisions, and then passing to a scholarly treatment of cases bearing directly upon the section of our uniform acts expressly providing a method of interpretation of them, it concludes with a discriminating summary of the rules of construction necessarily to be followed by the courts where common statutes are adopted by various states and particularly where there is incorporated into the law such a rule as that which the Conference has made a part of the statutes, which it has proposed.

It is suggested that such an essay as that should be preserved; and doubtless a resolution adopted by this body requesting the editors of the American Bar Association JOURNAL to print it in its next issue, or some succeeding issue, would secure the desired result. Thereafter it will be in such form as to make it of much use by way of reference as a part of the bibliography of the Conference.

In this connection the opportunity should not be lost of remarking the demonstration, made in this work, of the success which has attended the efforts of the Conference to secure uniformity of judicial decision; and this is done, in part, by the notation, there made, of three cases adjudicated in three different jurisdictions:

In the case of Felt vs. Bush," the court said:

"As we view it, therefore, it is our plain duty to follow the numerous decisions that have passed directly upon the Negotiable Instruments Law, and have construed it in accordance with the majority rule.'

To this extent the court in question went, without being constrained by any such provision requiring uniformity of interpretation as that contained in the acts which this Conference has approved. It might be presumed that courts would go at least as far when they are constrained by the provision contained in the interpretation provision found in our acts, and such has proven to be the fact. In its adoption of our Uniform Sales Act the State of New Jersey slightly modified the uniform provision" respecting construction, so that it required that the act

"shall be so interpreted and construed, if possible, as to effectuate the general purpose of uniformity.”

Under this form of the provision, the New Jersey Court in the case of Pope vs. Ferguson," says:

"The purpose of the codification as expressed in its title was to make uniform the law concerning the sale of goods. Any construction of the statute, therefore, which would put it out of uniformity with the law generally prevailing, relating to that subject, would be in direct violation of its expressed object. It is consequently necessary to ascertain whether there is any generally accepted rule in other jurisdictions."

13 126 Pac. 688.

"Compiled Statutes of New Jersey, Vol. IV, p. 4465, § 74. 15 87 N. J. L. 566.

In another case, in still a third jurisdiction, namely, the case of Roland M. Baker Co. vs. Brown," the Massachusetts Court, dealing with the Bills of Lading Act, uses the following language:

"The previous decisions of this court by which the defendants were protected. . . . have been abrogated and nullified by the statute. . . . The case then must be governed by the decisions, which either were made upon statutes, resembling more or less closely the one which we are considering, or, independently of statute, have adopted the rule thereof instead of the one laid down in our former decisions."

With these examples of writings, bearing vitally upon our subject, before us there is no need of exhortation to the preparation of an adequate digest or manual of bibliography to which the Conference may refer and which those, who entertain a desire to investigate uniformity of state law, have a right to expect at our hands, upon demand.

Individual members of the Conference have, themselves, from time to time, made important additions to the library of knowledge of uniformity; and the Conference, as a whole, has published volumes of wide service to its members and others. But there is now indicated the need of a new publication by the Conference, notwithstanding our general reluctance to encourage the too prevalent tendency toward publication, and notwithstanding our strong sentiment against indiscriminate writing.

A CONFERENCE TEXT BOOK.

In these days of extravagant use of printer's ink, when the enormous over-production of statutes, judicial opinions, treatises on legal topics by more or less inspired members of the profession, when put in book form, stagger and overwhelm the intellect of the scholar in jurisprudence, and crowd the book shelves of the practitioner, at the same time that they flatten his pocket-book, it is rare, indeed, and a matter of surprise and rejoicing, when a book is found which really serves some genuinely useful purpose. How refreshing and gratifying it would be, if there could be offered to lawyers and others a book which served not merely a single useful purpose, but several useful purposes at once. Such, it is submitted, would be a "Conference Text Book," containing the text of each of the Uniform Acts with a schedule of

16 214 Mass. 201.