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Hon. Charles E. Kenworthy. [1] (1943-1944)

handle is hein.ali/hrbor605240 and id is 1 raw text is: THIE SITPERIIOR COURT OF FENNSYLYAXUL JUDGES' CA3BERS WILLIAM H. KELLER, pRLS.DE'JUDGO THOMAS J.BA.DRIGE,.JU* C JOSEPH STAOTFELD, JUDGE CHESITER H.RHODESJ.DG- WILLIA M E.HIRT, JUD GE CHALEL E.D-K THEY, Ju.e ,CLAUoET.REI, JU DG 560 City Hall, Philadelphia 7, Pa. January 21, 1944 Dr. William Draper Lewis American Law Institute 3400 Chestnut Street Philadelphia, Pa. Dear Dr. Lewis: My scrutiny of the product of the genius of Mr. Roland Morris confirms my belief that to draft any satisfactory article on property rights is too difficult a task to undertake. My fundamental objection to the suggested article is that it would freeze existing law; it would pre- vent a change in the law such as occurred in Russia after the Revolution. It was my understanding that the committee unanimously favored sufficient elasticity to permit the change by general law, either legislative or constitutional, of existing property rights. This obviously would not be permitted under an article which guaranteed to everyone the right to the beneficial enjoyment of all property acquired under the existinglaw. My other two objections are somewhat subordi- nate. I do not understand the meaning of the expression what they have discovered and appropriated to their ovwn use. It seems to me to suggest that one might have the right to appropriate another's property whether or not the appropriation is lawful. This, of course, is not intended. But, at best, I think the expression will not be readily understood. Finally, I think the use of social and economic orders is too vague and, therefore, out of keeping with our document as a whole. I would suggest the substitution for those words of the single word law. I have no specific criticism of the comment. Sincerely yours, CEK:M

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