DATE DOWNLOADED: Tue Jan 19 03:41:50 2021

SOURCE: Content Downloaded from HeinOnline

Citations:

Bluebook 21st ed.

9 AM. L. & LAW. 1 (1947).

ALWD 6th ed.

, , 9 Am. L. & Law. 1 (1947).

APA 7th ed.

(1947). American Law and Lawyers, 9, 1-8.

Chicago 7th ed.

"," American Law and Lawyers 9 (1947): 1-8

AGLC 4th ed.

'' (1947) 9 American Law and Lawyers 1.

OSCOLA 4th ed.

'' (1947) 9 Am L & Law 1

-- Your use of this HeinOnline PDF indicates your acceptance of HeinOnline's Terms and
Conditions of the license agreement available at
https://heinonline.org/HOL/License
-- The search text of this PDF is generated from uncorrected OCR text.
 AMERKAN
Established 1939
Vol. 9
Dean Deplores
Powers Given
to Agencies
Atomic Energy Commission
Seen Example of Boundless
Delegation of Authority
LEGAL PROTECTIONS NEEDED
Ogden, Utah.
Tendency to shift controls to ad-
ministrative divisions of government
without adequate legal boundaries and
protections was scored by E. Blythe
Stason, dean of law at the University
of Michigan, in a talk before the Utah
State Bar's annual meeting here.
The dean spoke at a convention at
which the Bar went on record as
favoring a nonpartisan plan for chos-
ing judges through judicial commis-
sions and for a law to prohibit judges
or candidates for the Bench from en-
gaging in partisan political activities.
Atomic Energy Commission
In his address Dean Stason re-
ferred particularly to the Atomic
Energy act, through which almost un-
limited power was conferred on the
Atomic Energy Commission in pro-
motion of fundamental researqh;
regulating ownership, transfer or ac-
quisition of source materials; owner-
ship and operation of devices by
which fissionable material is extract-
ed; and to license and regulate the
utilization of fissionable materials in
the generation of useful energy for
peacetime service to mankind.
"There are sound legislative means
at hand to limit administrative dis-
cretionary power," he said. "They
require drafting skill and careful
thought directed toward the control
of discretion as well as toward the
substantive aspects of legislation.
"Standards can be stated with as
much precision as possible. Admin-
istrative appeals can be utilized far
more effectively than has been done
in the past."
For Nonpartisan Bench
Other speakers included Phillip S.
Van Cise, Denver attorney, who de-
clared the nonpartisan judiciary sys-
tem should be adopted in all states
to better the administration of jus-
tice and raise the plane of all courts.
Explaining the functioning of such
laws in California and Missouri, he
said that "any such study should
(Continued on Page Four)
LAW AND LAWYERS
Cincinnati, Ohio, January 21, 1947. No. 3
No. 3
Profession Is Found in Need of Program
to Answer 'Alarmingly Dangerous' Slurs Measure for
Newark, N. J. unanswered and developed a progiam
Importance of lawyers in every com- to provide answers to these attacks." Removal of
munity might be impressed upon the Kiendl said he had no specific pro-
public if the organized Bar could go gram but believed the orgaijzed Bar
on a sitdown strike or engage in mass should do something to stop this Judges Urged
picketing, but because of the dignity "poison being injected into the public's
of the profession, it cannot do this any conscience." New York Governor Suggests
more than it can engage lobbyists and
propagandists to offset "unjust, un- Legislature Select One of
warranted, false and unfair criticism." Propose Two Measures Now Pending
Compulsory
This was pointed out by Theodore DUTY TO KEEP BENCH PURE
Kiendl, New York trial attorney, in Insurace for Auto
an address before the Essex County ] Drivers Be Studied Albany, N. Y.
Bar Association. He urged the as- One of two measures pending in
sociation to work out a program to the New York Legislature to set up
Dover, Del. an
answer attacks upon lawyers which, Creation of a special committee to alternative method for the re-
he said were "alarmingly dangerous" study "the desirability of mandatory moval of judges from office should
to the continued success of the pro- liability and property insurance" for be approved at the present session
fession. motor vehicles was proposed by Gov. and submitted to the voters, Govern-
The New York lawyer said the pub- Walter W. Beacon in his message to or Thomas A. Dewey told the Em-
lic was much better informed about the 1947 Delaware Legislature. pire state's lawmakers in his inaugur-
lawyers than it had been a generation al message.
"In view of the simplification and
ago. The public, he added, was en- efficiency of our permanent registra- Both pending measures have been
titled to criticise actions by the Bar tion system of motor vehicles," he approved by previous legislatures,
when justified. one in 1945 and the other in 1948.
said, "it would appear possible to com-
However, he cited three examples, bine the registration and insurance of The New York constitution requires
one a radio address by former Mayor motor vehicles in a single operation. approval by two different legisla-
LaGuardia of New York, which he I, therefore, recommend that a special tures before submission of the
said were unfair and were part of a committee consisting of the insur- amendzpent to the people.
"villification of the legal profession." ance commissioner, the motor vehi- Watched throughout Country
He asserted that the LaGuardia ad- cle commissioner, the superintendent
The efforts of New York State to
dress was either "deliberate misrep- of state police, and two additional facilitate removal of judges in cer-
resentation" or "willful ignorance." members engaged in the insurance tain situations is being watched
He also declared he had replied to an business, to be selected by the three throughout the country, Governor
article in a national magazine which officials named, be created and direct- Dewey said, adding
that recently
he believed to be unfair but did not ed to investigate the system of man- American Bar Association placed the
the
succeed in getting his reply printed. datory insurance of motor vehicles as ubject upon its agenda for the
next
"Individual effort gets nowhere," he now enforced in other states, and to convention.
declared. "It is time the bar recog- report their findings and recommenda-
"One of the highest duties of gov-
nized that things like this cannot go tions to the next General Assembly." ernment in a constitutional republic
i s to guard jealously the freedom
".".""
.. .*****.. .**.****
.**.**
** *.----.-.*..
...... ***- - ---.
.. ....... . ..
and the integrity of the Bench," the
Governor remarked. "In their high
LEADING NEWS ARTICLES- 0ffice the members
o of the judiciary
Guild Argues for Lewis in Mine Dispute ----------------- Page 2.. a re truly the guardians of liberty
Disability Pay Plan Effective in California ------------- Page 2. u nder law and it is our solemn
obli-
Lawyers Needed in State Legislature says Governor ------- Page 2. g ation to guarantee that they shall
Legal Needs of Army Can be Easily Supplied ----------- Page 3. uard those liberties well.
Bar Offers Plan to Halt Rising Tide of Divorces ---------- Page 3. g
No Ready Way to Remove
Officer Wins Back Pay Claims after Court-Martial -------- Page 3.
Study of Government Lending Agencies Recommended --- Page 6. "Our present system' has failed to
More Sharing of State Taxes is Suggested ------------- Page 5. p'roduce always the highest type of
Toll Highways to be Urged on State Solons ------------- Page 5 udicial officer and no means has been
Cities Working on Rebuilding Blighted Areas ----------- Page 6. propoaed for removing the tyraiincal
Stury of Government Lending Agencies Recommended ---- Page 6. 0 r the incompetent. But we can and
Asserts Public Housing Tried, Found Wanting ----------- Page 7. hould, at least, provide more swift
a ad more certain methods for the re-
New Kinds of Taxes Helping City Revenues ------------- Page 8.
Sharp Practice in Auto Market Hit by Measure ----------- Page 8. sOval of the occasional individual
rho turns out to be dissolute or or.
EDITORIALS AND FEATURES- r upt. I, therefore, strongly recom-
mend that one of the two alternative
Legislative Trends in the States --------------------- Page 5. amendments before your bodies re-
c eive your favorable action so it can
(Continued on Page pour)
 AMERICAN LAW AND LAWYERS

Guild Argues Larger Proportion of Lawyers in Legislature

Is Asked by Governor in Address to State Bar Disability Pay
for Lewis in Augusta, Me.
Members of the Maine State Bar
Association were urged to encourage
necessary to put laymen on important
legal affairs and judiciary commit-
tees."
Plan Effective
Mine Dispute their associates to "take a turn at
serving in the state legislature" in an
address by Governor Horace A. Hil-
Another speaker was Richard H.
Field, former OPA general counsel,
who declared the government must
in California
Contends Norris-LaGuardia dreth. "Each Legislature should have
"try to avoid a precipitate drop in
prices," but must stabilize the na-
Workers Who Lose Time on
Act Applied even Though enough legally trained members to
Account of Sickness to Be
tion's economy without peacetime Reimbursed under New Law
Government Was Concerned deal with the complexities of modern price and wage controls.
FINDS ISSUES MISCONCEIVED legislation," declared the Governor, Field, a member of the Harvard OTHER STATES TAKE ACTION
himself a lawyer. Law School faculty, expressed belief Chicago.
Washington. Hildreth said the Maine Legislature that "prices were over the hump - Disability pay for time lost from
The Norris-LaGuardia act applied two years ago had only 12 lawyers food and clothing costs are due to go work because of illness is being paid
even though the government was the- out of a membership of 184 and in down." California workers under provisioie
complainant in the injunction suit to the current body there were six law- Asserting that the downfall of of state legislation which became ef-
prevent the coal strike, according to yers out of a Senate membership of price controls was "hastened" by the fective this month according to the
the National Lawyers Guild. 33 and 14 in the House membership "uncertainty of whether or not we Council of State Governments.
Fulfilling its obligation "to repre- of 151. were going to continue them," he said Benefit payments from $10 to $20
sent and express the views of the "As a result," he said, "it has been a week up to a maximum of 23 weeks
this resulted in "holding back of pro-
progressive 'Bar in the economic, soc- a year are authorized by the state
duction and distribution."
ial and civil liberty fields, the guild measure enacted last March. This
has fled a brief amicus curiae with Seeks Damages for In commenting on wartime regula-
followed passage of federal enabling
the U. S. Supreme Court. tions, Field said it was "important
Death of Passenger legislation which permits California
not to use the device of such controls
Doctrine Recognized to finance the plan from its large un.
in Airplane Crash to effect social economic reforms in-
The decision below, according to employment insurance fund which
tended to be permanent."
the guild's brief, failed to note that was accumulated from workers one
the Supreme Court had recognized I Philadelphia. A resolution favoring establish- per 'cent pavroll tax. No new taxes
'the Norris-LaGuardia act's applica- In what is thought to be the first ment of a law school in Maine was are required.
tion in governmental suits in the case of its kind in this state, the ad- approved by the Association. Can Compete for Business
cases of U. S. v. Hutcheson and U. S. ministrator of a man killed in an _____________Under the California law, com-
v. American Federation of Musicians. airplane accident filed suit in Com- muercial
merct. insurance
i insurhan
a firms andon
fan voluntary
ta
The District Court also miscon- mon Pleas Court here for $318,000 Month Means Calendar insurance plans can compete with the
ceirved the sovereignty doctrine in ap- damages against the estate of the
plying it to the particular case, the pilot. Month, not 30 Days,Insur.
brief argues, since the "Norris-La- Plaintiff's decedent was riding as Court's Decision Holds
Guardia Act is itself an express limi- a passenger at the invitation of the The only other state now provid-
tation on the sovereign, in that it pilot, who was also the owner of the Washington. jug disability is Rhode Island where
curtails the authority of one of -its plane, when the craft crashed at the Notwithstanding a seven-page brief
1
a cash sckness compensation system
branches, the judiciary. Dqylestown airport. filed by the Corporation Counsel's began paying benefits in 1943. Pay-
"The court below thus indulged in The accident was alleged to have office which maintained that for pur- ments range from $6.75 to $18 for a
the solecism of holding that the ju- been caused by the pilot's failure to poses 'of the court a month consists maximum of 20 weeks a year. These
diciary branch of the sovereign comply with various sections of the of 80 days, Municipal Court Judge payments have been financed by a one
escaped from limitations imposed regulations promulgated by the Penn- George D. Neilson has ruled that per cent payroll tax levied upon em-
upon it by the legislative branch be- sylvania Aeronautics Commission, in- each month is as long as it appears ployees. To meet rising costs, the
cause these limitations did not apply cluding such violations as operating on the calendar. His ruling was is- tax now is being raised to 1% per
to the executive branch. The court an aircraft in a reckless and negli- sued in sustaining'a defense motion cent.
misconceived the question, which is gent manner, flying at a dangerously for jury trial in a minimum wage law Amendments to the Rhode Island
not whether the 'government' is low altitude, stunting and engaging case in which Edward Jones, trading act in 1946 restricted benefits under
bound, but whether the judicial in aerobatic maneuvers over the land- as the Jones Deluxe Inn, is named de- the system as well as increased reve-
branch of the government is bound ing area, failure to maintain sufficient fendant. nues. Allowances for administrative
by a statute addressed solely and airspeed, and also for failure to kd- In its brief the defense contended costs also were raised from three to
specifically to it." here to the left-hand circle rule es- Mr. Jones was entitled to jury trial four per cent of receipts.
A Labor Dispute tablished for aerial traffic. since the 'offense involved is punish- New Jersey Proposal
In dealing with the issue of wheth- able under the District 'Code by a In New Jersey where disability
er a labor dispute was involved with- maximum fine of $100 or "not more insurance now is being proposed,
in the meaning of the Norris-La- continued to operate the mines and, than three months imprisonment." benefit
inghs. disabiliotye isRhdl
$7 to $22 a
payments from Iladwhr
Guardia act, the brief states "This subject to one exception, retained all Under another section of the code, week with a maximum *of 13 weeks
case involved and grew out of a the incidents of their private owner- it was pointed -out that an accused for each period of disability have
labor dispute between the miners and ship. (Thus each company contin- person is entitled to trial by jury been suggested. Coverage under the
the mine owners, which, like most ued operation 'in the regular course where the penalty may be more than proposed act would not he provided
labor disputes, grew out of demands of business as a going enterprise' $300 -or "more tran 90 days imprison- persons earning less than $12 a week.
the same personnel, for private
by the workers for better pay and with ment." To finance this plan it is suggested
improved working conditions. The profit and at private risk. The pri- that one-half per cent of payrolls up
very action by the government in vate owners paid wages and work- Defense attorneys argued that the to one dollar Per month be withheld
calendar year should be the basis from the wages of the employee to
taking control of the mines was oc- men's compensation and taxes)."
"There was not, therefore, as the for calculation, the counsel for the meet a portion of the benefit costs.
casioned by this labor dispute. And
Corporation that the solar month of The remainder of the costs would be
the government's recognition that the District Court misconceived, a con- borne by the employer. As outlined,
30 days applies.
issue was between these two parties flict between the union and the re-
is shown by its refusal to negotiate public. The government's injunction Judge Neilson noted that the Dis- no state funds would he provided and
with the miners on their demands and suit was not to protect the public in- trict code does not define the word, in most cases no reserve funls would
its direction that they be addressed terest but to support the private mine and that legal precedents interpreted be required.
to the private mine owners. It was owners. It was attempting to compel a "month" as verying from 28 to 31 Disability payments would be re-
'this position of the executive that the miners to bargain with the own- days. "Thus the only reasonable stricted through the absence of ma-
was the immediate occasion of the ers and at the same time insisting construction to be placed is that ternity benefits and through the ex-
coal strike." that they must give up their bargain- 'three months' means calendar emption of casual labor from pro-
"The private owners at all times ing power-the right to strike."

No Problem in
Filling Legal
Needs of Army
Obtaining Qualified Young
Lawyers for Court Martial
Service Found. Easy Matter
OTHER PROPOSALS OFFERED
(Third of Four Articles)
Washington.
The Problem of obtaining a suf-
fielent number of trained trial law-
yers for manning the Army's legal de-
partment should present no difficulty
in time of war, according to the com-
mittee of jurists named by Secretary
of War Patterson to consider alleged
shortcomings in the urt martial
system.
The committee, headed by Arthur
T. Vanderbilt, dean of law at New
York University, had criticized the
Army's tendency to starve its legal
branch and to entrust essentially legal
work to persons unqualified to handle
it.
Solution Is Easy One
Pointing out that in the last war
the Army failed to seek enough law-
yers, while many lawyers .preferred
not to disclose their legal training,
the committee said: .
"In meeting this situation co-op-
peration between the Army ana lead,
ers of the legal profession may be of
real assistance. Certainly the legal
profession could assist the War De-
partment in the selection of prop-
erly qualified young lawyers and the
Army would be clothed with ample au-
thority to assign them to the duties
for which they are best qualified."
Dean Vanderbilt's committee se-
verely criticized the attempt at con-
trol of courts by commanding officers,
and suggested that the Courts-Mar-
tial Manual be amended to make it
unlawful for any person to attempt
to influence the action of an appoint-
Ing or reviewing authority on the ac-
tion of any court-martial. It also
would have the manual prohibit any
reprimand of any court of any of its
members.
Other Proposal. Offered
The committee also would provide
that the law member and defense
counsel of a general court-martial
be a member of the Judge Advocate
General's Department, independent
of command. It also would provide
that the final review of all general
courts be in the Judge Advocate Gen-
eral's Department, and would give to
that department the sole power to
name the law member and the defense
counsel. The right to prefer charges
and to name the trial judge advocate
would be retained by the commanding
officer.
"We have no fear that this arrange-
AMERICAN LAW AND
AMERICAN LAW AND LAWYERS
Officer Wins Back Pay Claim after Court-Martial
Described As Flagrant Case Military Despotism
Washington.
Sidney Shapiro, Bridgeport, Conn.
attorney whose court-martial convic-
tion and dismissal as an Army second
lieutenant became a cause celebre,
which ended in a presidential pardon,
has won a legal victory ip his suit
before the Court of Claims for back
pay. The government had opposed
the claim on the ground that since
the Court of Claims cannot review
a court-martial proceeding, there
was no ground for action.
In a majority opinion given con-
currence by Judges J. Warren Mad-
den, Marvin Jones and Benjamin H.
Littleton, Judge -Samuel E. Whitaker
said of the case:
"A more flagrant case of military
despotism would be hard to imagine.
It was a verdict of a supposedly im-
partial tribunal; but it was evidently
rendered in spite against a junior
officer who had dared to demonstrate
the fallibility of his superior officers
on the court-who had, indeed, made
them look ridiculous. It was a case
of almost complete denial of the
plaintiffs constitutional rights. It
brings great discredit upon the ad-
ministration of military justice *
The demurrer is overruled."
Chief Justice Richard S. Whaley
adhered to the thesis that the Court
of Claimq had no appellate jurisdic-
tion over the verdict of w military
tribunal.
The Shapiro case -came to public
attention in 1944, when newspapers
revealed the court-martial results. In
September, 1943, Lt. Shapiro, who
had studied law at Boston University
but had not been admitted to the
Bar, was assigned at an Army Air
Forces' post at Grand Island, Ne-
Indicted As 'Scold'
Wilkes-Barre, Pa.
Mrs. Eva Keller was indicted by
the grand jury here on the charge of
being a "common scold." It is al-
leged that she "did habitually and
continuously brawl and wrangle with
her neighbors, breaking the public
peace, increasing discord, and gen-
erally being a nuisance in the neigh-
borhood."
ment will impair the proper authority
or influence of the commander. The
absolute right to refer the charge
for speedy trial and to control the
prosecution will satisfy the demand
of discipline. Further than that the
command should not go. The pre
sent Articles of War do not contqm.
plate that the commander shall con
trol the action of the courts. The
right to fix the penalty in case of
conviction is specifically lodged in the
court and the surrender of this pow
er to the comander is an act which
the court has no legal right to per
form, and the commander no lega l
justification to require."
LAWYERS
braska, to defend an enlisted man
charged with assault. Lt. Shapiro
substituted another man of Mexican
descent as the defendant, and after
the complainant, a 15-year-old girl,
had identified the substitute as her
attacker, the officer disclosed his de-
ception to the court. Immediately
a mistrial was declared and a few
days later the real defendant was
again tried and sentenced to five
years at hard labor.
At 12:40 p. m. on September 3,
Lt. Shapiro was notified that at 2
p. mn.the same day be was to stand
trial on charges that he had "effected
delay in the orderly progress of the
court-martial." Unable to obtain
counsel of his choice--the lawyer
officer he wanted was named to the
court-his request for a continuance
of seven days. to prepare his case
wis denied.
Found guilty and dismissed from
the Army, he re-enlisted as a private.
His suit is for his pay as an officer
minus his pay as a private, amount-
ing to about $3,000.
Dinwoodey, Editor
of Law Week, Heads
BNA Organization
Washingbon.
Dean Dinwoodey, long editor-in-
chief of the Bureau of National Af-
fairs, will be the new president of the
organization, an announcement by
David Lawrence, retiring head,
stated.
At the same time Mr. Lawrence
announced that the bureau, which
publishes U. S. Law Week and other
journals and services, has been taken
over 100 per cent by the employees
and will be entirely independent of
the parent company, the United
States News Publishing Corp.
Mr. Dinwoodey entered the BNA
organization 20 years ago while a
law student, having been recom-
mended by the late 'Senator William
E. Borah. He was largely instru-
mental in developing Law Week to
its present high standing among legal
periodicals. For the past three years
he has served as executive vice-pres-
ident.
____________ing
Reulaionwhich
UrgeUnin
Urge Union RegulationManard
Madison, Wisc.
First bill'introduced in the lower
branch of the Wisconsin Legislature
would require labor unions to file
ora ai trmno
t ecedneyer.Iiiin
yearly statements and reports with
the secretary of state and make pn-
nual financial reports to their mem-
bers. Penalty for failure to comply
with the measure, which was offered
by Louis Hicks, Milwaukee Republi-
can, would be fines of $100 to $1,000
3
S
Bar Offers Plan
to Halt Rising
Tide of Divorces
Would Have Six-Month Wait
After Interlocutory Order,
Then a Review of Decree
COURT RULE-MAKING URGED
St. Paul, Minn.
Enactment of legislation to curb
the rising tide of divorces, including
a law establishing a six-month inter-
locutory period before a divorce could
become final, will be sought by the Min-
nesota State Bar Association.
Also proposed by the association is
a requirement for review of every in-
terlocutory divorce decree before it
can be adjudged final.
Chance for Reconciliation
Although a minority group of law-
yers was reported to favor automatic
recording of the final divorce six
months after interlocutory decree is
granted, . Gordon Wright, the as-
sociation's legislative chairman, said
"the majority feel that chances of re-
conciliation between estranged couples
will be enhanced by requiring each
case to be reviewed once more."
The proposed six-month waiting
period for final divorce would be sub-
stituted for Minnesota's present re-
quirement that six months must pass
between divorce and remarriage.
"The remarriage restriction in this
state is often scoffed at and eircum-
vented," Wright explained. "Put-
ting the same length wait before the
final divorce instead of after it, and
reviewing each case again. before final
breakup of the marriage, should give
the parties involved more opportuni-
ty to think things through."
Rule-Making Power
Another bill approved by the as-
sociation's executive committee would
give the State Supreme Court power
to write rules of procedure for itself
and uniform rules to simplify litiga-
tion in the lower courts.
Other proposed measures, backed
by the association, include:
Youth conservation authority, pro-
y o ernce.
ctechniques
glo to cope with juvenile
delinquency. A similar measure,
failed in 1945 hag been revised
E. Pirsig of Uni-
versity of Minnesota Law School and
others. Governor Youngdahl is
strongly backing the bill.
Administrative law act, to codify
rulestecnquesatoce.
and procedures of wtvariousuvnl
state
agencies, each department submitting
the rules it wishes to make to the At-
tony General in advance, and filing
them permanently with the Secretary
of State.
Airplane owners to carry public
 AMERICAN LAW AND LAWYERS

Dean Deplores Seventy Cities Voted for Manager Form of

American Law and Lawyers (Continued from Page One) Government during Year, Survey Discloses
analse
ndidnl
he nl-nnl nfnthr
states and the British commonwealth Chicago-
Published weekly except on the Approval of a city manager charter
last Tuesday of the year and on
* * * and when these studies have Would Ban Closed Shop by voters in Hartford, Conn. this
been completed the best plan should Boston.
alternate Tuesdays from July 1 to month marked continuation of a
be evolved for each particular state." A bill to outlaw the closed shop
September 30. Forty-four issues trend apparent this fall in cities
annually. Van Cise also cited increasing has been filed for consideration by
criticisms of justices' courts, saying throughout the U. S. voting on major
the Massachusetts Legislature. The
they frequently "dispensed with jus- charter changes. Sixteen out of 23
measure was offered on behalf of the
Office of Publication: cities voting favored adoption of the
tice, rather than administered it." He Massachusetts Citizens Union.
534 Sycamore St., Cincinnati 2, 0. contended the Bar should take the council manager form of government.
ROWLAND SHEPARD, Editor. lead in getting the justices' court sys- The International City Managers'
Association reports that the Hartford
tem replaced with some other more Propose Commission action boosts to 70 the number of
American Law and Lawyers satisfactory form.
welcomes communications on all to Set up, Supervise cities approving shifts to city-mana-
questions of law and government, Measure for Removal Alcoholic Clinics ger government during 1946. The
the administration of justice, Bar (Continued from Page One) previous high was 47 adoptions in
organization work, professional Aannapolis, Md. 1921. The new Hartford charter, ap-
be submitted to the people for their proved by a 2-to-i vote, needs only
welfare and other subjects of in- Creation of a nine-member commis-
action next fall." state legislative approval before be-
terest to lawyers. sion on alcoholism is proposed in a
Both proposals before the legisla- coming effective.
bill introduced in the 1947 Maryland
ture call for creation of a court on
Subscription Price - $4.00 a Year the judiciary, in each case headed by Legislature. If that approval is ranted, it will
Single Copies 10 cents. Among the duties of the proposed increase to 724 the number of Cities
the 'Chief Judge of the 'Court of Ap-
I peals. One plan would give the court commission would be to arrange for using the city masnger plan. Hart-
power to remove only, while the other and supervise alcoholic clinics at Johns ford now operates under the "weak
Fund for New Law would permit it to order either re- Hopkins Hospital, the University of mayo9' form of government with a
Center Building moval or retirement. In the latter Maryland Hospital, a clinic in Wes- 20-man tity council and five and sev-
en-man commissions heading various
Given Large Sum measure the legislature would retain tern Maryland, and one on the East-
authority to stay removal though not ern Shore. In event the two Balti- city departments The new charter
New York. retirement.I more hospitals declined or were un- calls for a city manager, a nine-man
A conditional grant of $500,000 for able to provide facilities for the clin- council, and each municipal depart-
the proposed Law Center building at ics the commission would be author- ment being headed by one person.
New York University has been-made FEPC Legislation ized to secure other facilities. The new Hartford charter is the
by the Davdlla Mills Foundation, Ar- for Minnesota Is The measure would appropriate result of two years' study by the city
thur T. Vanderbilt, dean of law at the $100,000 annually for use of the com- Charter Revision Commission. Under
university announced. Asked by Governor mission, the plan approved by voters, the city
With this gift the school has pledg- St. Paul, Minn. manager will be directly responsible
es of over a million dollars toward its Enactment of a Minnesota fair em- to the council. Hein turn will direct-
three million dollar fund to erect a ployment practices act was urged by Law to Tighteniup ly supervise municipal department
usig t
14-story colonial building to house Gov. Luther Youngdahl's Inter-Racial T ax Exemptons is
the graduate and undergraduate div- Commission in its report to him. Baltimore voters in November
isions of the school. Herbert H. Leh- Composed of representative clergy Sustained by Court adopted a "strong mayor" type of
man, former Governor of New York, and citizens of various races and city government to replace the weak
is chairman of the drive. creeds, the commission said that con- Indianapolis, Ind. mayor charter adopted nearly 50
The grant is conditional upon a ciliation and co-operation to convince Validity of a 1937 state law author- years ago. Several boards and com-
similar amount being raised through employers of the demoralizing effect 'izing the taxation of property and in- missions will be abolished or consoli-
the alumni by June 30th. upon a community of discrimination come from property held by religious, dated under the new charter, and city
In announcing the gift, Dean Van- should be the basic principle of such a charitable and educational founida- administration generally will become
derbilt said: "The munificent gift of law. tions but not devoted exclusively to more centralized.
the Davella Mills Foundation for a As "a protection against irresponsi- those purposes has been upheld by
'Mills Memorial Library' in the new ble attitudes, and as a last resort," the Indiana Supreme Court.
Law Center makes possible the erec- the commission said, "there is need All real estate owned by religious,
State Wage and Hour
tion, at an early date, of the new for providing legal recourse * * * by educational and charitable founda-
building. While the gift is conditional which one who has suffered such dis- tions and holding companies and the Measure Is Before
upon the raising of an additional half crimination can appeal to the courts." income derived from it was made tax Rhode Island Solons
million, the generosity of the alumni exempt by a 1921 Indiana statute.
thus far canvassed leaves no doubt The 1937 law, however, amended this
Providence, R. I.
that not only will the required addi- One-year Period of to provide that the exemption would A state wage-hour bill was intro-
tional half million be raised, but the Waiting before Second not apply after March 1, 1944, unless duced in the Rhode Island Legislature
total contemplated costs aggregating the property be 'occupied and used shortly after Gov. John 0. Pastore
three million dollars will be subscrib- Marriage Is Proposed exclusively for such purposes and ob- had recommended the enactment of
ed. Nashville. jects."' such a measure in his inaugural mess-
In an opinion written by Judge age.
Legislation which would make it un-
Frank N. Richman, the State Su- Similar to a measure which last
lawful for divorced persons to marry
Hit Portal Pay Suits again within one year, except to each
preme Court said: "We are not able year got through the House but was
in the -act of 1921 to find any sugges- killed in the State Senate, the new
*uosog
other, was introduced in the Tennessee
Legislature by the Davidson county tion that the Legislature intended to bill was offered by House Democratic
A bill introduced in the Massachu- or did promise complete and perman- Floor Leader James H. Kiernan.
setts Legislature would outlaw suits delegation. ent exemption from taxation.
to recover portal-to-portal pay earned Violations of the proposed act would It would set minimum wages at 65
constitute the offense of bigamy, "Looking at the act of 1921 as a cents an hour during the first year of
in Massachusetts prior to. Jan. 1 of whole, in the light of opinions of the
the current year. punishable by two to 21 years in employment, 70 cents an hour during
U. S. Supreme Court .. . we are un- the second year and 75 cents an hour
Besides sponsoring a bill to make prison.
it-impossible to bring such suits, Rep. The measure was regarded as sig- able to find in it the intent to prom- thereafter. Maximum hours, without
Clarence A..Wood, Hopkinton, filed nificant because of recent reports of ise these corporations more than a overtime, would be 48 hours a week,
tax exemption, a privilege
another measure under which income a "divorce mill" at Chattanooga, present no more than eight hours a day. Work-
which allegedly had ground out di- that might in the wisdom of a future ers in intrastate industries and busi-
received from portal-to-portal pay
be and was taken
earned prior to Jan. 1, 1947, "shall vorces for persons whose spouses were General Assembly ness not covered by the federal wage-
the rate of 100 per cent." absent. away by the act of 1987." hour law would be affected.
be taxed at

More Sharing
of State Taxes
Is Suggested
Measures Ready for Solons
As Cities Seek New Means
to Supplement Their Income
PUBLIC UTILITIES ARE EYED
New York.
Increased sharing by municipalities
in the receipts of state-collected gaso-
line and other automotive taxes, al-
ready widely shared, will be propos-
ed in a number of states during
1947 legislative sessions.
Bills proposing new or increased
sharing of state gasoline tax receipts
with local governments will be intro-
duced in the legislatures of Florida,
Delaware, Oklahoma, Minnesota, Ten-
nessee, Utah and probably others.
Iowa's legislature will consider a pro-
posal to increase automobile regis-
tration fees, with part of the re-
ceipts to be allocated to municipali-
ties.
Automotive Taxes
As far as automotive taxes are con-
cerned, the trend towards increased
sharing in state taxes appears to be
more significant than municipal levies
aimed at highway users. Various
types of local automotive taxes were
considered in a number of cities
throughout the country during the
past year, however, and may increase
as the municipal revenue problem
grows more acute. Municipalities of
seven states now have authority to
levy local gasoline taxes, while cities
in 12 states are authorized to impose
local motor vehicle license taxes, reg-
istration fees or wheelage taxes.
Some cities also require local driv-
ers' licenses.
Possibility of extracting addition-
al municipal revenue from public
utilities has been attracting interest
in a growing number of cities, with
proposals pending at this writing in
Baltimore and Richmond for the im-
position of 5 per cent taxes on gas,
water, electric and telephone bills.
Sarasota, Mia-mi and St. Petersburg
during the past year joined some
24 other Florida cities in levying tax-
es on consumers' utility bills, at the
rate of 10 per cent on the first $25
and varying smaller percentages on
bills over $25.
Utility Franchise Taxes
Increased utility franchise taxes
were adopted during the past year
by several cities, including Santa Fe,
N. M.; Portland, Ore.; Winona, Minn.,
and Newport, Ark., and were pending
at this writing in Denver and Topeka.
Kansas City extended its license tax
and electric and gas companies to
cover sales of industrial gas and
power and sales to public institutions.
A proposal which may come up dur-
AMERICAN LAW AND LAWYERS
Legislative Trends in the States
A Guide to What's Coming in Laws and Regulations, Based on
0Toll
Highways
a Continuing Study and Appraisal of Trends Developing Or
Already Established-This week, Juvenile Delinquency to Be Urged on
By BETHUNE JONES
Proposals designed to curb juve- ren.
Iactment in Wyoming would hold pa-
rents responsible for wayward child-
nile delinquency through improved State Youth Authority
State Solons
court procedures, institutional sepa. Minnesota's legislature will con- Ambitious Plans Developed
ration from hardened criminals, more ider the proposed creation of a per- for Presentation in 1947
effective correctional agencies and manent state youth commission, with Meetings of Legislatures
imposition of greater legal respons- supporting community youth coun-
bility on parents, will be among the cils and backed by legislative authori-
measures to be widely introduced in ty. Such a program was suggested
CONNECTING ROADS WANTED
1947 state legislative sessions, a sur-
vey reveals. committee on youth, which observed: New York.
Legislation to create a juvenile "A youth program for Minnesota Ambitious plans for the construc-
court system and modernize the must take into consideration all the tion of large-scale super-highways to
state's methods of dealing with de- needs of youth - strengthening of be financed through issuance of toll-
linquent children is scheduled for home influence, educational, spin- amortized revenue bonds will be live
introduction in the Wyoming legis- tual, recreational and vocational re- issues in several 1947 state legislative
lature. sources needed by all children, pro- sessions, a survey discloses.
tecting groups of children especially One of the most far-reaching pro-
Act in Two Capacities
vulnerable to delinquency and con- posals will be pressed in Ohio, where
Drafted by a committee of the
harmful influences in the legislation will be sought for a 1,000
State Bar Association, the bill would trolling mile network of five toll-financed
various communities."
require present district judges to act superhighways costing an estimated
Another Minnesota proposal calls
also as juvenile court judges in all $650,000,000. Until paid for by the
for strengthening juvenile delinquen-
law violations involving children un- toll charges, the roads would be con-
cy laws affecting rural ybuths. Need
der 18. After private hearings with- trolled by a state commission to be
for legislation to provide rural jurists
out jury, the judges would place child appointed by the Governor. They
handling juvenile cases with an ade-
violators on probation or commit would become the property of the
quate probation system, and inter-
them to the custody of a state proba-
correction, was re- state after retirement of the revenue
tion department which the bill also mediary schools of
cently asserted by Probate Judge bonds.
would create. Provisions would be
homes. William Lee of Yellow Medicine coun- Campaigns for Proposal
made for juvenile detention
Another measure proposed for en- ty. Support for the Ohio program is
Problem Studied in Jersey being sought by the Ohio Turnpike
An interim legislative committee [Committee, with offices in Cleveland,
Anti-Eviction Bill has been studying the problem of whose membership includes manufac-
turers, road contractors and labor rep.
Boston. juvenile delinquency in New Jersey
and is scheduled to report its recom- resentatives. Two of the proposed
A bill has been introduced in the
Legislature under mendations to the 1947 legislature. superhighways would follow different
Massachusetts
Action was taken by the 1946 New routes across Ohio to the Indiana
which eviction from homes would be
and state line from a contemplated exten-
prohibited, unless for non-payment Jersey legislature to strengthen
and sion of the Pennsylvania Turnpike in
of rent or damage to the property clarify jurisdiction of juvenile
domestic relations courts. The 1946 the east. Another would run from
by the user, until the landlord satis-
fied the courts that the tenant could legislation also raised the juvenile de- Cleveland through the Columbus area
linquency age from 16 to 18. to Cincinnati. A fourth would link
find suitable quarters elsewhere. The
measure was filed by Rep. John J. Other steps taken recently in New the Cleveland area with Erie, Pa., and
Toomey of Cambridge. Jersey include the establishment of the New York State Turnpike. The
a special section in the State Depart- fifth would run between Toledo and
ment of Institutions and Agencies Cincinnati.
ing the 1947 session of the Arkansas for the prevention and study of juve- That the plans for major toll high-
legislature would authorize cities to nile delinquency. The director is as- way facilities in one state mushroom
levy a 10 per cent tax on all utility sisted by an advisory committee of into proposals for similar connecting
bills. 22 members, including clergymen, developments in others is illustrated
Ohio municipalities were prevent- lawyers, judges, doctors, school prin- by the fact that one of the underlying
ed from taxing utility consumers' cipals, and law-enforcement officers. aims of the Ohio program is to help
bills by a State Supreme Court de- Proposals in Florida create superhighway facilities link-
cision last summer invalidating a In Florida the State Parole Com- ing the Pennsylvania Turnpike with
Youngstown tax of 2% per cent on mission has recommended the estab- Chicago. Thus, if the Ohio program
consumers' gas, electric, telephone lishment of an institution for youth- materializes, it would stimulate a
and water bills. Similar five per cent ful offenders, where such individuals need for the construction of similar
taxes in Columbus and Portsmouth, might receive "proper training look- facilities, toll or otherwise, in IndL
0., also were knocked out by the ing toward their rehabilitation." ana, Illinois and Pennsylvania.
court ruling, which held that munici- A legislative interim committee in Commission in Illinois
palities had no right to invade this the state of Washington has recom. A 1943 Illinois law, upheld in 1945
tax field since the state had preempt- mended the enactment of legislation by the Illinois Supreme Court, crest-
ed it through the state tax on gross creating a juvenile court system and ed a State Superhighway Commis-
receipts of public utilities. As a re- a state department of youth protec- sion with authority to issue revenue
sult of the ruling, which took sub- tion. bonds for the construction of toll su-
stantial amounts of revenue from the Interim groups studying the prob- perhighways. Although there were
cities with such taxes and prevented lem in Maine have called for com- proposals at the time of the law's en.
others from turning to that source, plete revision of that state's juve- actment for construction of high-
pressure will be intensified during nile laws, but suggested further study speed toll highways between Chicago
the 1947 session of the Ohio legisla- before final legislative action on such wd St. Louis, Chicago and Rockford,
ture for the enactment of measures matters as the creation of juvenile and East St Louis to the Indiana
providing increased state financial aid and domestic relations courts. More state line, no action to carry these
to local governments. (Continued on Page Seven) (Continued on Page Seven)
 AMERICAN LAW AND LAWYERS

Cities at Aork Study of Government Lending Agencies to See

Which Ones Still Necessary Is Recommended Making the Record
on Rebuilding New York.
A complete study and appraisal of
government lending agencies to de-
in marginal loans, but in normal
times the government, with few e-
ceptions, should not extend or accept (This is the second of a series or
articles reprinted by permission from
Blighted Areas termine which ones have fulfilled
their purpose and which might now be
dispensed with is recommended in the
credit on oter
and firm credit base.
an an established

"4. Is the government agency, by

the copyrighted booklet "Making the
Record" published by the National
Shorthand Reporters Association).
current issue of the Business Review reason of a preferential position pro-
Slums Seen to Cause Same of the National Association of Credit cured by law or contract, shifting an
Redevelopment Problems As Men. undue burden or hazard on the gen- Some years ago former Chief Judge
Blitzed Communities Face Naming five tests for deciding eral private trade creditor? An ex- Frederick E. Crane of the New York
whether any particular agency should ample is a goternment agency making Court of Appeals commented as fol-
HOW JOB IS BEING TACKLED be retained, Harry H. Heimann, ex- a risky loan but naturally moving to lows upon the ability of attorneys to
ecutive manager of the association, protect itself on such a marginal loan express themselves:
writes: by placing itself in a preferred posi- "It is surprising how few law-
(First of Two Articles) yers are able to think clearly and
"L. Is the government agency tion as a creditor, thus blocking the
Chicago. transacting business in direct compe- normal opportunity of a general credi- talk plainly. Many are the learned
Blight kills a city as surely as tition with private lending organi- tor to extend credit on any safe basis. men of rank and standing in the
bombs-only more slowly. Slums zations that are able, qualified and "5. In our foreign lending policy profession who are unable to state
and war cause many redevelopment willing to make such loans on a rea- are we making loans on so generous a in sequence the simplest facts of the
problems that are being solved in sonable basis? basis as to destroy the realization -of case. To tell the story of what hap-
similar ways by cities from Warsaw "2. Is the government agency, the borrower that loans must be de- pened is either beneath them or be-
to Detroit, according to the American which was fully justified in our emer- served, either from a meritorious and yond them, and yet this is the prin-
Society of Planning Officials. geney, bank-closing, depression per- productive point of view, such as a cipal part of oral argument."
Blum clearance programk in De- iod, continuing its operation when helpfulness to enable foreign nations From the other end of the country
troit, Chicago, Indianapolis, New York the need for it no longer exists? to earn a better standard of living by Judge Malcolm Douglas of the Su-
and elsewhere are aimed at urban re- "3. Is the government agency vio- wise and judicious use of the credit, perior Court of Seattle, Washington,
development similar to that planned lating compkmising sound lending or on an emergency basis, such as the said this:
for Warsaw, Coventry and other principles and thus tearing down the prevention of starvation and economic "Cultivate the use of good
blitzed cities. In Rotterdam, recon- credit principles essential to a suc- collapse? Other people in the world English. Nothing more quickly ar-
struction is being centered on 625 cessful free enterprise system? In must be told our credit is not inex- rests the attention or captures the
acres of devastated land near the emergency times a government might haustible and that it has been built interest of judge and jury than a
center of the city. be most liberal and be fully justified through thrift and industry and is straightforward argument express-
The Detroit Project not a God-given asset that we can ed' in clear, simple and classic
Detroit, meanwhle, is starting a dissipate at will. Has our loaning English."
similar redevelopment program to policy been such as to make them rea- In making these observations nei-
raze a 100-acre slum-without the ther jurist had in mind the court re-
help of bombs. Condemnation pro- Residential Space porter, whose trained and attentive
ear even more readily notes the short-
ceedings are underway as first stepWa tInelc or comings of attorneys in the use of
toward municipal purchase of the a Empty D r a W t
blighted area and the city has allo- English. What then, it may well be
cated funds to cover costs of acqui- New York. eriod in Divorces asked, impels judges and reporters
sition and clearance. All cleared land A resolution introduced in Council, Dunn, N. C. to make pointed comment on the in-
will be resold to private developers asked the Legislature to permit the Enactment of legislation providing ability of attorneysto express them-
except acreage blueprinted for parks city to impose an occupancy tax "on an interlocutory divorce system for selves precisely and comprehensibly?
and schools. residential space withheld from the North Carolina, with a one-year wait- The accelerated tempo of modern
As it now stands, the Detroit slum rental market and on other dwelling lng period before the divorce would life is in some measure responsible
is ravaged by urban decay almost as space available for, but not fully used become final, was advocated by Su- for this condition. Older members
if bombs had struck it. Property val as living quarters" for a period of 60 perior Court Judge W. C. Harris. of the Bar will recall the meticulous
ues have dropped sharply, 74 per cent days. The 1947 North Carolina legisla- care with which papers were drawn;
of the area's dwellings are substend- The resolution which went to the ture "could render a great service to the scrupulous deference to court, op-
ard, and old residents have fled the Council's general welfare committee, the state by enacting such a law," posing counsel and witnesses at the
blight to find suburban homes;. Pro- states that such. tax will encourage jhe jurist declared, recalling that trial; the deliberateness and scholar-
posed reconstruction plan calls for landlords to list for rental apart- such a bill was proposed but not act- liness of utterance which characteriz-
erection of two-story houses. ments which they have withheld for ed upon during the last state legis- ed the barrister of former years.
Detroit wants its new project to be 60 days in -thehope of securing higher lative session. Congestion in the courts, pressure of
"just the beginning" in local slum rental, and thus forestall possible "The present divorce laws of North economic necessity, and the nervous
clearance. Therefore city officials seizure and riot by those whose pa- Carolina are tearing down the home haste of modern-day life have appar-
have carefully planned financing on tience will have been, taxed beyond en- as an American institution instead of ently changed all this. Higher aca-
what amounts to a revolving fund durance. building it," he asserted. He charged demic requirements for admission to
basis. Redevelopment of the cite with that the existing laws offer too much the Bar have not resulted In greater
private funds is expected to triple ________________chance for fraud and tend to encour- culture, nor in improved ability to
its assessed valuation. The city ex- age divorces. express thoughts through the medium
pects to regain its entire investment city redevelopment tax, only one of "A lot of married people go off on of language. Chopped enunciation,
in 22 years, through increased tax its kind in the U. S. The first $550,- a tangent and file for a divorce," he ragged sentences, slurred words, poor
revenues, resale of land, and interest. 000 installment of this tax was made said. "If they had to wait a year grammatical construction, are so
Undertaking in Indianapolis available for slum clearance this falli before the interlocutory decree would commonplace today that the clear and
Indianapolis' counterattack on Chicago's war *on slums is being become final, the home might be re- precise wielder of the English tongue
blight entered a new phase recently sided 'by $4.3 million state funds, ap W
stored." is the marked exception that arouses
when the city redevelopment comis- propriated last spring. The city has the reporter's wonderment and grati-
sion completed a plan for clearance matched this with $5 million munici- fication. This is to say nothing of
and reconstruction of a, 178-acre pa1 funds. Detailed plans have been Heads Trade Mark Office the difficulty experienced by many
slum. The city park and flood con- prepared by the plan commission for Washington. lawyers in presenting fact and argu-
trol boards have agreed to buy 100 one redevelopment project on the John H. Merchant a member of ment with logic and cohesion.
acres of this area for parks and other city's northwest side. On Chicago's the Patent Office technical staff for
municipal projects. The remainder west side, state funds are being used 21 years and editor of the Patent Offiee to succeed Frank A. Richmond,
will be devoted to residential re- to aid slum clearance and residential Office Society Journal since 1942, who retired December 31, Patents
development for 400 to 500 families, redevelopment necessary to construe- has been appointed head of trade- Commissioner Casper W. Ooms has
The program is financed by a special tion of a new medical center. mark operations in the U. S. Patent announced.
 LAW AND L S
AMERILAN

ASERILAN LAW AND LAWYERST T

United Nations Has Better Chance Than League; ILegislative Trends

(Continued from Page Five)
Interim Balance of Power Is Held Necessary stringent laws to place greater
Asserts Public
re
Riverside, Cal. operation in a world tired of violer Lt sponsibility on parents for the con
"The United Nations has a far operations but by slow, steady a4 duct of their children also has bee
greater chance of succeeding than cretion. proposed in Maine.
Housing Tried,
1Found 1Vanting
had the League, because the world's
Dr. Richard Van Alstyne, professor Might Punish Parents
two most powerful nations, the of American Recently proposed to the Connecti
diplomatic history
United States and Russia, are among the University
of Southern Californii I, degree."
its members," Arthur Sweetser, chief
also addressed the Institut cut State Legislature Council was thi Wagner-Ellen der-Taft Plan
of the United Nations Washington who stated that American diplomacy aim adoption of a state program for so IsAttacked, vith Realtors
office, told the Institute of World Af- o
to spare the United Nations and t 0 pervision and possible punishment Promising a Fight to Last
fairs. "delinquent parents" when their neg-
construct a new balance of power
"It has already accomplished the throughout the world. He explaine let results in suffering by thei SAYS INDUSTF RY CAN DO JOB
hastening of troop withdrawafs from that it is not humanly possible t children.
0 Pawtucket, R. L
Iran and Asia Minor; the first steps leap from a world accustomed t The problem of "delinquent pa. The public housing experiment has
toward disarmament; a start toward ideas of national sovereignty and na rents" has come in for increasing at. been shown to have no magic in it in
-atom bomb control, and the advance- tional interest into a world admini tention in many areas. New York the decade or so it has been tried,
ment of the welfare of independent tered by collective authority, an City's Police Commissioner Arthur Charles T. Stewart, director of pub.
people," said Mr. Sweetser. W. Wallander recently announced
warned, "with western Europe nov that neglectful parents who knowing-- lie relations for the National Associa-
Stating that old ideas of national 'Balkanized' it presents a setting an e, tion of Real Estate Boards, told the
sovereignty must be modified for atmosphere of intrigue and a constan ly allow their children to become ju- local Real Estate Exchange.
t venile delinquents would face court
world peace, with the transition from source of danger to peace." Explaining his organization's ob.
summons and punishment. Under the
the old sovereignty system to collee- authority jections to the Wagner-Ellender-Taft
"If and when European peace i of a seldom used statute, he
tive authority demanding the interim said he had ordered patrolmen to bill, which has already been intro-
estiblishment of a balance of power concluded, it is likely to rest oil "hale parents into court where there duced in the new Congress, Mr. Stew-
among the large nations, he cautioned shaking foundation of compromise be is a definite indication that parental art said:
that progress will not come by violent tween the Soviet Union and the An neglect is a contributing cause to the A Matter of Charity
gb-American Ibloc," said Dr. Vat "Private builders could build houses
Alstyne, adding, "the only hope foi delinquency of the juvenile." and rent them at a loss quite as rea-
Tenant Forbidden survival rests in the chance that th dily as public employees, if they were
Big Three, and particularly the Bi Fine for Not Voting given the same tax exemption or pref-
to Sublet though Two, can balance their interests iz Boston. erential treatment, and if they were
Lease Had Expired both Europe and the Far East." Failure to vote in state elections given the same hand-out from the fed-
would result in a $5 fine under a bill eral treasury to make up the loss.
New York. introduced in the Massachusetts Leg- "Of course, there are families who
Clause in a lease forbidding the islature by Rep. George W. Porter need help to get decent housing, to
subletting of an apartment without Woman Judge Retires
of Agawam. get adequate food, or clothing, or
the written consent of the landlord Los Angeles
still applies when the tenant remains fuel," he added. 'The satisfying of
Judge Orfa Jean Shont, who has
in possession after expiration of the presided in Small Claims division of Toll Highways that need is theg. practice of -bad
private or public, which many of us
lease, Supreme Court Justice Joseph Municipal Court here for the past 11 (Continued from Page Five) have always believed to be a virtue.
A. Gavagan ruled. years, announced she would retire plans into actuality has yet been tak- "But those who want the govern.
The question was raised by Isadore with the end of her term in June. en by the commission. ment in the real estate business to
Glanberman, attorney, who argued Judge Shontz tried more than a quar- Whether the Pennsylvania Turn- satisfy this need, even though they do
that since he had become a statutory ter of a million cases in the Small pike should be extended through ad- not seem just now to want the govern-
tenant under federal and state rent Claims division. ditional toll facilities or regular high- ment in the grocery business, or the
regulations, the lease provisions were ways is expected to be an issue dur- clothing business, or the coal business
nullified. ing the 1947 session of the Pennsyl- to satisfy parallel needs, don't like
Justice Gavagan held, however, that Wants Rent Control vania legislature. The road now runs that word, 'charity.' They think it's
the covenant against assignment or 160 miles between Harrisburg and inefficient, virtue or not They'd ra-
subletting was to be regarded as Charleston, W. Va. Pittsburgh. Proposals call for its ex- ther take over and obscure the fact
creating a valued right in the land- Enactment -of a state rent control tension east to Philadelphia and west that it is charity."
lord which courts should be zealous to law "to take effect if and when the to the Ohio state line. Highway-user Unmasking the public housing core
protect. . The emergency laws, both federal government shall cease its organizations have repeatedly gone of the ponderous, catch-all Wagner-
state and national, must be construed controls in this regard," was, recom- on record against any further toll fa- Ellender-Taft bill, Mr. Stewart ex-
"In the light and for the purposes in. mended by Governor Meadows in his cilities in the state, claiming that the plained that the key to its real pur-
tended" and the "protection afforded message to the opening of the West present toll turnpike was justified on. pose lies in what would happen to the
should not be carried to an unfair Virginia legislature. ly by peculiar factors not present else- federal money that it would authorize
where. to be spent
Proposes Washington Highway "More than SO per cent of it, some
SUBSCRIPTION BLANK Construction of a four-lane, toll $4 billion, would go for subsidized
superhighway across the state of housing. The rest of the hodge-podge
194..-...
-.................................... Washington, from the Puget Sound is only window dressing," he said.
American Law and Lawyers, area to Spokane, was recently advo- "The National Association of Real
534 Sycamore Street, cated by Gov. Mon C. Wallgren. Such Estate Boards will resist this bill
Cincinnati 2,Ohio. a highway, he pointed out, would link with all the vigor it has."
the shipping and industrial area of Outlining the outlook for 1947, Mr
Gentlemen: western Washington with the agri- Stewart said that "industry now pre-
Please enter my name for a three months' trial subscrip- cultural area on the eastern side of dicts more than a million homes can
tion and bill me for one dollar. the state. be built before New Years day comes
Other states in which there have around again, if it is given freedom
been recent suggestions of toll-financ-I to produce."
ed hiihwavs include Colorado, where
................................ .......... the idea was advanced for the con-
struction of a toll road from Loma in. highway is currently under construc-
to Ranelv if sufficient state funds are tion is Maine, where $15,000,000 in
not available for all needed road im- bonds were sold early in 1946 by the
[] Send paper for a year at $4.00 provements into the booming oil field Maine Turnpike Authority for con-
($3.75 if check accompanies order) area. struction of the Kittery-to-Portland
Only state in which a toll-financed section of the Maine Turnpike.
a AMERICAN
New Kinds of
Taxes Helping
City Revenues
Hotel Room Levy, Cigarette
Impost Are Among Latest
Measures Put into Effect
LICENSE FEES ARE RAISED
Chicago.
Recent adoption of a hotel room
rental tax in Providence, R. I., and
passage of a one-cent per pack ciga-
rette tax head the list of new levies
expected to yield cities millions of doL
lars during 1947, according to the
American Municipal Association.
In other cities, new sales taxes,
amusement taxes and increased li-
cense fees have been enacted during
the past several weeks to help mu-
ticipal government meet mounting
expenses caused by inflation and thick
backlogs of essential public works and
maintenance projects.
Hotel Levy Five Per Cent
The Providence hotel tax is being
levied at the rate of five per cent on
the price paid for hotel and other
transient rooming accommodations.
Only a few cities have authority to
impose such a tax. New York City's
hotel rental tax was authorized last
spring by special ptate legislation and
is expected to yieli $7,000,000 reve-
nue annually in excess of adminis-
trative costs.
Denver's new cigarette tax, ex-
pected to yield the city $225,000 a
year, was passed by councilmen last
week at the same time they defeated
a one per cent sales tax proposal. De-
feat of the latter measure leaves New
York, Los Angeles, New Orleans, Oak-
land and San Diego as the only large
metropolitan cities levying a city sales
tax. In California, however, 18 or
more smaller municipalities have
adopted retail sales taxes, many of
them in the past six months.
Tax on Admissions
In Bakersfield, Cal., an ordinance
has been passed imposing a tax of
one cent on admissions in excess of
15 cents. In Bay Minette, Ala., a
new ordinance levying a five per cent
tax on motion picture theater admis-
sions became effective October 1.
Similar amusement taxes also are ef-
fective in the Alabama municipali-
ties of Piedmont and Abbeville.
Several cities have increased license
fees recently. In Oregon, North
Bend has imposed a $100 license fee
for the first taxicab owned by any
one company and $50 for each addi-
tional cab. Waseca, Minn., has in-
creased license fee for farm produce
peddlers from $3 to $25 a day. Mont-
LAW AND LAWYERS
Right to Change Name without Court Order
Upheld, Provided It Is for Honest Purpose Sharp Practice
Boston. Merelevitz has been known as Mer-
Supreme Judicial Court of Massa- rl since graduation from high school
chusetts has ruled if you don't like'in 1930. He married, however, under
in Auto Market
your name, why, go ahead and change: the name of Merelevitz. Judge Thom-
it. This was made known when it al- as H. Stapleton of Hampden County
lowed Israel Merelevitz of Springleld, Probate Court denied his petition for
Hit by Measure
Mass. to change his name to Irving a change to Merrill. Used Car Racket Is Said
Merrill. In reversing his decision Justice
Justice John V. Spalding in writ- Spalding said: "There are no find-
to Be 'Rank'-Financing Is
ing the opinion said you can change ings that Israel's use of the name Important Part of Gouge
your name anytime you want without Merrill was for a fraudulent or other
going to court, provided you do it for illegal purpose. We think that the WANT INVESTIGATING BODY
an honest purpose. proper conclusion on the facts found
He pointed out there have been is that the reasons for the proposed Providence, R. .
numerous cases where the court h changethenam Meeleit..
of oname Jdg
are sufficient andThom-...
con- A bill designed to curb the charg-
said that an honest change of name sistent with the public interest" ing of exorbitant interest rates in
is good for transacting business, mak- installment purchases of automobiles
ing contracts, law suits or buying or ing that Isael'sC usezr ofl the name was introduced in the Rhode Island
selling property. Legislature by House Democratic
For a full legal change of name by Five Floor Leader James H. Kiernan of
a court, the justice went on, "the sole Register as Lobbyists Providence.
limitation upon the granting of a pe- .1
Meanwhile, the State Automobile
tition for a change of name is that Dealer's License Commission an-
it must be for sufficient reason con- nounced it would seek introduction
sistent with public interest." Washington. of a bill to extend its authority to
Five forme members of te House automobile finance companies so that
were among the more than 300 per- it might adequately cope with the
Doubts If Law Can sons who have registered with the used car finance "racket."
Senate under the new Lobbying Act,
Stop Plane Landing according to the Senate secretary's Victims to Co-op6rate
Austin, Tex. office. Three of the former Con- At the same time, the Better Busi-
A ruling by the Texas Attorney Gen- gressmen said, however, they doubt- ness Bureau of Providence said that
eral's office held that the only possi- ed the law actually applies to their following an expose of the "used
ble legal hindrance to the landing of activities. car finance racket" by the Providence
a seaplane on Texas public waters The ex-legislator registrants are: Journal, it had received a number of
and artificial inland lakes would be Robert Ramspeck (Georgia), as calls from persons who asserted they
the state's anti-pollution statute. executive vice president of the Air would bring their sales contracts to
Although finding no statute prohib- Transport Association of America, that office for scrutiny.
Asserting that the used car finance
iting in express terms the landing of made up of scheduled airlines. Clif-
seaplanes, the Attorney General noted ton A. Woodrum (Virginia), presi- situation is "rank," Frank F. Crook,
that the anti-pollution statute con- dent-treasurer of the American Plant chairman of the dealers' commission,
tains a prohibition against any oper- Food Council, Inc., a trade associa- said some instances were even worse
ation which "endangers or hinders tion representing part of the ferti- than those cited by the press.
the operation of any boat." lizer industry. Clyde T. Ellis (Ar- During the past year the commis-
"Conceivably," the opinion said, kansas), executive manager of the sion has warned a number of dealers
National Rural Electric Cooperative that it would not tolerate sharp
"that might apply."
Association and its members. Albert finance practices, but, Crook said, the
E. Carter (California), representing commission's present legal authority
Billboards Are Banned the Pacific Gas & Electric Co., Fritz does not go beyond dealers to in-
No billboards will be allowed any- G. Lanham (Texas), representing the clude finance companies.
where in the city of Ft. Lauderdale, National Patent Council, Inc., the
Interest up to 40 Percent
Florida, it was decided by the City American Fair Trade Council and the
Commission. Previously billboards Trinity Improvement Association, It has been charged here that a
had been banned only along boule- Inc., described as a nonprofit organi- minority group of dealers and finance
vards. Owners have until next Sep- zation for education on advantages of companies, working in concert, has
tember to remove the boards. soil and water conservation. been collecting as high as 35 to 40
per cent in interest rates in used car
sales contracts by means of "pack-
gomery, Ala., meanwhile, raised its ing."
license fees for circuses and carnivals
Versatile Lawyer A press survey of downtown auto
from $750 to $900 per day. New York. dealers revealed that some used car
In Birmingham, Ala., the city and William Law Bowman, 64, who died operators are going out of the state
the local transportation company here recently, was a versatile man. to purchase new cars not immediately
have negotiated a new contract which He held a degree in civil engineering available in Rhode Island, then sell-
will increase municipal revenues $50,- from Cornell, and a degree in law from ing them here at prices $200 and
000 annually. The contract specifies Harvard (1907) and to thousands of more above list. But, these dealers
that the city will receive three per persons whd cared nothing about law pointed out, the sale of new cars
cent of the company's gross receipts or engineering he was known as a above list prices is not now in itself
for intra-city operations instead of champion fencer - a member of the an illegal act. "They simply get
the current two per cent. In Oregon, American Olympic team in the 1912 what the traffic will bear," one deal-
Oceanlake and Portland both have games at Stockholm and known for er said, distinguishing high prices
increased certain franchise fees re- his skill with all three weapons of from the "shady" finance practices
cently. the fencer - foil, epee and saber. of some dealers.