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DISCUSSION OF TENTATIVE DRAFT 1 & 2, BY EDMUND M. MORGAN 66

handle is hein.ali/alievidence0036 and id is 1 raw text is: 66 DISCUSSION OF CODE OF EVIDENCE TENTATIVE DRAFT NO. 1. Edmund M. Morgan, Harvard University Law School, Reporter. MR. MORGAN: Gentlemen of the Institute: Tile President and the Director have stated the issue just as clearly as it could be stated. In the Appendix on page 112 the references to the rules as submitted in the Tentative Draft are given the numbers which they had in the Council Draft rather than the numbers which they have in this Tentative Draft printed for your use. Rules 13 and 14, .eferred to on page 112, are Rules ,oi and 102, and Rule 20, referred to at the top of page 114, is Rule io8. So far as the disagreement with Mr. Wigmore is :con- cerned, the Appendix states the nmatter accurately. The Senator has referred to a view that is at tile other extreme from Mr. Wigmore's view, namely, that the rules which we have drafted covering witnesses, for examile, are very much too detailed and that a Code of Evidence should consist of only a very small number of rules; that what we have drafted should be considered practically a Restatement of the Law of Evidence and should form the basis for a Code having just a few generalized state- ments. I do not know, Mr. President, in what way you desire. to have this matter taken up. If the members have not read Mr. Wigmore's statement,, the matter therein detailed should be gone into. What is your pleasure about that? MR. PPPE.R: Mr. Reporter, it does seem to rme that the question of policy underlying the development of the subject is of such transcendant importance that it would be better to take up the matter in fhe Appendix before we proceed to the consideration of the blackletter. MR. MORGAN: Yes, I ni 'in accord with that, Mr. P-Fesi- dent, but 1 should like to know how much knowledge on the part of the members we should assume in reference to Mr. Wigmore's statement and wlhther the members who are to hear or to discuss the matter know what Mr. Wigmore's postulates are and how his fourth postulate auplied to. on.e of our. rules would make it look...

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