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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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