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Established 1939
Vol. 9
Accountant May Justice W. 0. Douglas
Calls For a Crusade
Advise on Tax For World Democracy
Law Questions
Bar Loses Hotly Contested
Action to Prevent Alleged
Unauthorized Law Practice
BUT OPINION IS QUALIFIED
New York.
In one of the. most hotly contested
cases yet to arise in the Bar's efforts
to halt the unauthorized practice of
law, Supreme Court Justice Bernard
1. Shientag ruled that a certified pub-
lic accountant- could properly give ad-
vice to a client with reference to its
rights under the federal revenue laws.
The court at the same time warned
that there may be various dangers in
permitting this work to be done by
accountants. 'These dangers call for
restraint, for self-regulation and dis-
cipline, perhaps for governmental
regulation and supervision."
;:What Accountant Did
Conduct of the accountant, Bernard
Bercu, which was alleged by the New
York Country Lawyers Association
and the State Bar Association to con-
abitute the practice of law consisted
of advising a corporation as to the
year in which it could use a deduc-
tion resulting from its settlement of
a city sales tax claim.
own accountant, who some
The company's
was also a lawyer, advised that the
deduction could not be claimed for
1943, when it would have been highly
*dvantageous. Mr. Bereu, however,
rendered the company an opinion to
the contrary which cited an Internal
Revenue ruling that he held was de-
csive of the question. He submitted
a bill for $500 for this service.
Lost Suit for Fee
Bercu lost in Municipal Court a
suit he had brought for this fee, the
court holding that he had been prac-
ticing law illegally. An appeal later
was dismissed at his request. The
Bar committee then instituted -the
present proceeding. The New York
State Society of Certified Public Ac-
countants entered the case in behalf
of Bercu.
(Continued on Page Four)
MERICAN LAW AND
1AW IF#A~f1r1
Cincinnati, Ohio, March 25, 1947
New York.
A plea for a world-wide crusade
for democracy was made here by As-
sociate Justice William 0. Douglas
of the United States Supreme Court
in an address given in conjunction
with the, seventy-third birthday an-
niversary of Rabbi Stephen S. Wise,
president of both the American and
the World Jewish Congress.
Justice Douglas stated that democ-
racy "stands today as the most suc-
cessful, the most advanced, and the
most endtring experiment the world
has ever seen." He warned, however,
that Fascism is not dead, and that
Communism is a powerful force in
the world; and said that he believed
that the time probably was near at
hand when the people of the world
would have to choose between these
forms of government and democracy.
He added that while democracy can-
not be exported, "the things that
enable people to achieve it can be."
Would Limit Law Practice
Austin, Texas.
A bill to prohibit public offcials
drawing $3,600 or more a year from
engaging in private law practice was
introduced in the Texas Legislature.
Introduced by Rep. F. G. Swanson
of Tyler, the bill would deny further
public payments to those who violate
its terms.
An emergency clause alleged that
court judges are engaging in pri-
vate practice to the extent of neglect-
ing their official duties.
S....... ~..................
mm m-am -......
u.....................
LEADING NEWS ARTICLES-
Law Center Leadership Discussed --------------------------
Building Codes Revision Plan - ----------------------------
Women's Bar Maps Wide Program
State Helping Youth --------------------
Bar Journal Backs Help for Aged Lawyers --------------
Vigorous Smoke Fight Waged
-States Urge Wage-Hour Act ------------------------
Report on Ways to Avoid Strikes-------------
Auto Financing Subject -of Legislation
Bar Asks Life Tenure for Judges ------------------------
Veterans Warned About Legal Upsets
Stringent Motorists Law Put on Books ---------------------
EDITORIALS AND FEATURES-
Legislative Trends in the States -
W... . ................................... ..... 1.....
LAWYERS
LMA PgSFf
Our Foreigh PolicYe w,
Will Cause War,
Congressman Warns
Los Angeles.
Warning that civil liberties and
other liberties are now in danger in
this country and in almost all other
countries, former Congressman Ellis
Patterson told members of the Los
Angeles Chapter National Lawyers
Guild that "We have taken up exact-
ly where. Hitler left off," so far as
foreign policy is concerned.
"American policy in Greece and
Turkey is bound to lead us to war-
it cannot lead *us anywhere else,"
declared Patterson, who is a member
6f the National Lawyers Guild. He
drew a close analogy between present
trends in the United States and the
Nazi pattern of world conquest which
was preceded by vicious race-baiting,
the liquidation of free labor ograni-
zations, and suppression of political
parties.
Further Patterson pointed out, "we
are not supporting the United Na-
tions," but rather our national policy
seems to be to regard the UN as a
little debating society, which has no
power over American violations of in-
ternational law in Greece and in
Turkey.
"And after Turkey," Patterson
phophesied, "will come Iraq, Iran,
Palestine, the entire middle east, re-
gardless of the will of the people of
those countries." He was emphatic
in his opinion that problems in Greece
and Turkey, questions of access to
oil supplies, as well as the govern-
ment of war wrecked nations such as
Japan should be turned over to the
United Nations.
I........n.............
__-_
_ _
-----------------
_ ___8
- _-____5
.. ................................ ..
I,,.,,,
Pff+
74,-
AI AVOW
No. 12
Solicitation
of Fiduciary
Business Hit
Massachusetts Bar Seeking
to Place Ban on Practice
by Action of Legislature
EFFORT IS THIRD OF KIND
Boston, Mass.
Advertising of fiduciary sei'ice
and solicitation in any form of fiduci-
ary business will be barred in Mas-
sachusetta if the Legislature acts
favorably upon a petition filed *ith
it by the State Bar Association.
The fBar, which took this action
after polling its membership on the
plan and obtaining an overwhelming-
ly favorable vote, proposes the enact-
ment of a statute in the following
words:
Text of Proposed Law
"No corporation or person or per-
sons shall advertise for its, his, or
their own appointment as executor,
administrator, trustee, guardian, or
conservator, by other means than the
mere statement that they are author-
ized to act as such, nor shall they
solicit such employment or appoint-
ment by agents or otherwise; provid-
ed, however, that any bank or trust
company may include in such state-
ment the names of any of its officers
and agents. The Supreme Judicial
Court and the Superior Court shall
have concurrent jurisdiction in equity
upon petition of the attorney general
or of the district attorney for the
.....
district in which the violation oc-
curred to restrain such violations."
2 The suggested statute is substan-
2 tially similar to legislation proposed
3 by the association in 1924 and again
in 1932, Secretary Frank W. Grin-
3
nell reported. .
4
Questions Asked in Poll
_5
In a postcard poll of the associa-
5
tion, members were asked to vote
6
"yes" or "no" on the questions: (1)
7 "Shall the association go on record
7 as favoring legislation to prohibit the
solicitation of appointment as a fiduci-
8 ary?" and (2) "Shall the association
go on record as favoring legislation
to regulate advertising by corporate
fiduciaries?"
.,,,...,....F (Continued on Page Four)
2 AMERICAN LAW AND LAWYERS
UP ~J Program Marriage 'Takes More Opposes Labor Laws
3 AMERICAN LAW AND LAWYERS
More
Wdle ProCourage Than Career
Is Manned by For Women Graduates'
Women's Bar
Occupancy of More Places
in Public Service One of
Top Projects of the Year
NEW HEAD OUTLINES GOALS
Boston.
To increase the number of women
lawyers in judicial positions, in policy
making posts of the government, in
Congress and the legislatures and in
the U. S. delegation to the United
Nations is one of the top projects on
this year's program of the National
Association of Women Lawyers.
The program is outlined for the
current issue of the association's
Journal by Adele I. Springer, female
dynamo of the New York City Bar
and currently head of the women's na-
tional organization.
Names 100 Committees
Although admittedly not all the pro-
jedts rate as of vital importance, Miss
Springer has nevertheless listed
enough worthwhile undertakings to
require appointment of over 100 com-
mittees, the work of which will be co-
ordinated -through the association's
first permanent national headquart-
ers, recently established in the Hotel
Pennsylvania here.
Its campaign to provide for jury
service for women in all states (16
states do not now permit women on
juries) will be continued this year as
another major association project,
while extensive study will also be
given to the problems arising out of
the diversity of marriage and divorce
laws in the several states.
To Work for Uniformity
The association's committee in
charge of this work, with a chairman
in each state, will consider whether
uniformity should be sought through
state legislation or by way of a fed-
eral constitutional amendment.
Juvenile delinquency, discrimination
against women in industry, and taxa-
tion are three more problems listed
by Miss Springer for concentrated
association attention. In the field of
international relations, meanwhile,
the association's first section, with a
separate division devoted to the work
of the United Nations,. will provide
an opportunity for women lawyers to
advance the cause of peace and world
co-operation in a period of growing
fear and defeatism.
To Fulfill a Mission
"The status of our association, ac-
credited by the State Department as
an official observer of the United Na-
tions," says Miss Springer, "affords
unparalleled facilities for making a
valuable contribution to the many sub-
jects in this vital field of law and
human relations. Let us face square-
Marriage 'Takes
Hartford, Conn.
Proposed Connecticut legislation to
Helping
require compulsory arbitration of
labor disputes and specifically pro-
Washington. hibit strikes in public utilities and
tUUV t Youth
S ed Right
Marriage for the woman college other industries affecting the public
graduate of 1947 "will take more health and welfare was unanimously
courage than following a career of opposed at a hearing conducted by
gainful employment in the light of the state legislative labor committee.
current divorce figures," according to Appearing against the bill were Three Cities and a County
Miss Mary Agnes Brown, chief of the representatives of organized labor, in New York Have Created
Veterans' Administration Legal Pro- the Connecticut Manufacturers As- State-A ided Youth Bureaus
ject Division and former WAC lieu- sociation and State Labor Commis-
tenant colonel. sioner John J. Egan. Not even the CO-ORDIN
ATE ALL PROJECTS
Miss Brown was one of a number bill's sponsor appeared in support of
of women participating in leadership the measure and the hearing was de-
of the George Washington Univer- voted exclusively to opposition. The philc sophy that children who
________________learn to pla:,y together arp better able
sity Mortar Board career conference. to live tog ether is being put into
She decried instances of dismissal of
married women whose husbands are Harvard Law Review action in N ew York through a new
gainfully employed, and of reported State-aion program to curb juvenile
hiring of new employees in prefer-
ence to taking back women with rnational City Managers'
seniority. She urged the undergradu
Camb~ridge, Mass. Ysokcities reports that three New
ate women on entering a career to one county have
join a professional organization - Seventy-fifth birthday anniversary eatedityo and
U. S. Circuit Judge Learned and, ofo csentpp uth bureaus" and 59 per
preferably one composed of both men of
municipalities bave
and women. by many lawyers regarded as the outet -estabihestate's
standing figure in the American ju- e asistan recreation projects with
diciary, was marked by the dedica- ce -of the New York State
Comi mission.
tion to. 'him -of the current issue of Youth
Kills Anti-Picketing Bill Funds Matc hed by State
the Harvard Law Review.
Indianapolis, Ind. Says the dedication: The budg ets of the three municipal
A Senate-approved anti-mass pick- "To Judge Learned Hand, whose youth buren us total $65,000, half of
eting bill was killed by the Indiana wisdom and, eloquence have made his which is r eimbursed by the state.
House of Representatives. The lower seventy-fifth birthday an occasion to Each btirevs has an advisory commit-
branch of the State Legislature voted be celebrated by -all who serve the tee and a fulltime staff responsible
to indefinitely postpone the bill, which law.ny wthe tol local
chief administrator. The
would have prohibited "intentional The issue contains eight articles cities with uch bureaus are Cortland,
physical obstruction" by pickets in on Judge Hand as an bindividual and Hudon, a d Middlebown, and the
blockipg the entrances of strike-bound on his contributions to and develop- county is E
rie (Buffalo).
plants. ment of the Law. Rhe authors of
the articles include such eminent per- The bure aus ate created to "co-
sonages as Felix Frankfurter, Charles ordinate an d supplement the activi-
ly the fact that all the ignoble mo- C. Burlingham, George Wharton Pep- isaow."tl ties of pub) ic, private, and religious
tives of the last war continue to pre- per, Herbert F. Goodrich, Charles E. agencies de' voted to the welfare and
vail, if not increase, and that the Wyzanaki, Jr., Archibald 'Coy, Steph- protection f youth." One bureau,
charter of the United Nations must en H. Philbin and Orrin G. Judd. for exampl e, is conducting research
be implemented to provide for sanc- to deterniin e influence of existing
tions. The special United Nations di- ties on delinquency, and
vision of our section on International Plan Company Housing Project y othati ng delinquency with in-
Relations will support strongly the ' New York. come.
United Nations. The section as a The New York Life InsurancerCom-
whole will accept our full measure of pany has completed preliminary ar- Would Rear h All Groups
responsibility in world affairs and Srangements with the Soeony-Vacuum Comuni ties participating in the
will endeavor to fulfill a mission." - Oil 'Company to' develop and manage state-aided program are working to
a 150-family housing project at extend recr eation programs to all
It is obvious, Miss Springer points Woodbury, New Jersey. children, es pecially those in low-in-
out, that masculine leadership has Tentative plans rcall for garden- come area s. City-operated youth
never protected the world's women type apertments, suppdementted by bureaus ser
and children from the horrors of war. single-family houses. This project es for infot ye also as clearing hous-
Whether the leadership of women by would be primarily for veterans who activities ai mation concerning youth
women can succeed where men, have nd publicize youth prob-
have returned to the Socony Coin- lemis and n4eeds.
failed remains to be seen. pany's 'laboratories at newar-by Paul- The New
York State Youth Com-
"All we can say now is that it has boro. New York Life would offer mission, cr ated by the legislature in
not been attempted. The greatest un- the houses for 'sale and the apart- 1945, help
localities solve their de-
released power in the world today is ments for rent to laboratory em- linquency p roblems by studying youth
womaii power. Men and women, both, ployees. guidance te chniques used in New
York and el
must be prevailed upon to accept wom- lsewhere and. transmitting
en as a vital part of the machinery Bans Unfair Labor Practices its findings to local agencies.
of government. As the home has been Salt Lake City. State aid to municipal and county
Gov. Herbert B. Maw permitted a programs is awarded on, a fifty-fifty
endowed, the world can be enriched,
bill banning secondary boycotts and basis. The commission 'operates on
by having the influence of both sexes
setting up unfair labor practices on the belief
contributing to the well being of this the part of employ s to become law tion and cthat delinquency prevei-
ure programs should be
nation. I am not sanguine enough to without is aginature. The measure diretly un der local auspice% with
believe that this leadership can be at- was sponsored in the State Legisla- the state s rving primarily as an ad-
tained during my term of office, but tare by Senator Rue L. Clegg, Salt vso-ry agen t and to give financial as-
we can at least make a beginning." Lake Republican. sistnce.
 LAW AND LAWYERS
a
AMERICAN LAW AND LAWYERS3
AMERICAN

Bar Committee Votes

Discussed Call Hearing Shows Strong
Opposition to State Against Government Six-Point Plan
Strike Intervention
for Leadership Liquor Store System
Boston. Birmingham, X. Y.
for Revision of
of Law Center Proposed establishment of a state-
liquor store system in Massachusetts
was favored by only two of #pproxi-
A 4-to-1 vote against govern-
ment intervention in strikes was
announced by the Labor Law commit-
Building Codes
mately 2,000 persons who appeared tee of the council of the Federation Organization of Building
Not Enough for School in at a hearing on the issue conducted of Bar Associations of the Sixth Ju-
These Days Just to Teach by the state legislative committee on dicial District. Officials Also Preparing
Law, Vanderbilt Maintains Legal Affairs. The vote climaxed a controversy to Publish Basic Measure
which had torn the committee since
MUST MEET NATIONAL NEED One of the advocates was Arthur its appointment two months ago. EKEN TO HEAD NEW GROUP
L. Stanek, executive director of the
New York. Committee for Lower Taxes in Mas- Eugene C. Gerhart, Binghampton
It is not enough for a law school in sachusetts, who said the state's reve- attorney and chairman of the commit- The Board of Governors, in addi-
these days simply to teach law and nues from liquor sales would -be in- mittee, said he was the only member tion to Mr. Eken, is composed of the
to teach it well, in the opinion of creased from $15,000,000 to '$50,- to support a proposal calling for ap- following persons:
Dean Arthur T. Vanderbilt, of New plication of the "eminent domain
000,000 annually if the Legislature 'H. L. Andrews, Vice President,
York University Law School. abolished privately-owned package principle" to labor laws.
"In 'the only committee meeting General Electric Company; Joseph H.
Dean Vanderbilt, whose plan for stores and created a state monopoly Carter, President, Pittsburgh Steel
a great Law Center at New York which we had, strong opposition was
system. "The primary purpose," he Company; Bror Dahlberg, President,
University is adding a new dimen- further declared, "is to assure utmost expressed to any plan which involved
government intervention," Mr. Ger- The Celotex Corporation; G. R. Fink,
sion to legal education in this coun- protection of quality and low price President, National Steel Company;
try, quoted letters from legal educa- to the consumer." hart said.
Thomas S. Holden, President, F. W.
tors endorsing the project and then He said the committee does not
The other proponent was Senator favor "any plan which would allow Dodge Corporation; Roy A. Hunt,
discussed in a statement the urgent President, Aluminum Company of
need for the leadership. such an insti- Joseph L Murphy of Boston, who any agency, governmental or other-
America; Roy C. Ingersoll, President,
tition will provide. charged package store owners often wise, to announce the basis for the
sold liquor to minors and would sell Ingersoll Steel Division, Borg-Warn-
settlement of a labor negotiation dis-
'Host Is on March' to "anyone who can stagger in and er Corporation; C. Louis Meyer, Presi-
pute, the rejection of which would in-
The velocity 6f social change is earry out a. bottle." dent, Ceco Steel Products Corpora-
volve penalties on either side."
tion; teroy A. Petersen, President,
uniprecedented, the former American
While most of the crowd at the Otis Elevator Comtpany; H. H. Rob-
Bar president declared. "Old social hearing represented owners of pack-
aAd action have ertson, .President, H. H. Robertson
patterns of thought
"&ingiegrated; the host is on the age
stores and their employees, oppo- Taxes Will Continue Company; George Skakel, President,
sition also was expressed by a num- Great Lakes Carbon Corporation; J.
march, but does it know where it is ber of mayors, selectmen, chambers Up to 22 Per Cent H. Thornley, President, Western
headed, can it guide itself? As we
glance at our newspapers every day
of commerce, bankers, insurance men Of 1947 Incomes Foundation Company; Loring Wash-
if we deny and MassachusettA unit of the Veter- burn, President, :S. H. Pomeroy Com-
we may well doubt it, but
ans of Foreign Wars. Minneapolis, Minn. pany.
the power of reason and morality, we
must confess defeat. American consumers must expect
The following building officials are
to pay over 38 billion dollars
"Nor can we look abroad alone. members of the governing board:
in taxes for the fiscal year of 1947, also
We must hold up the mirror to our- Fair Trade Bill Passed either directly or indirectly, amount- Albert H. Baum, St. Louis, Mis-
:.selves. Our crime wave, the treason ing to 22 cents per dollar of income; souri; Arthur X. Benline, New York,
of subversive elements, our ignor- Montpelier, Vt.
they will pay slightly over 21% bil- New York; Fred C. Bergeson, Rock
ance not merely of -world affairs, but -A fair trade bill, authorizing resale lions directly, in personal income Island, Illinois; Charles A. Flanagan,
of our own government must give us minimum price contracts between taxes, sales taxes, etc.; they will pay Philadelphia, Pa.; R. S. Fredericks,
pause. manufacturers and- retailers, was
passed by the Vermont House of another 16% billions indirectly, in Memphis, Tenn.; K. S. Gillies, Toron-
Our Leadership 'Sought Representatives, with 'only one dis- the prices of the things they buy, ac- to, Canada; H. E. Hagood, Birming-
"All over the world men and wom- senting vote, and sent to the State cording to a set of estimates just ham, Ala.; Bernard J. McKelvey,
en of intelligence and of good will Senate. An unsuccessful attempt completed by Northwestern National Bridgeport, Conn.; James H. Mooney,
are longing for the law that protects was made to emasculate the bill Life Insurance company economists. Boston, Mass.; John Picken, Mont-
:liberty; for the law that springs from through amendment Thus consumers will contribute clair, N. J.; Arthur N. Rutherford,
reason and morality. They are look- over three-quarters of the combined West Hartford, Conn.; Bernard A.
ing to us for leadership. total of federal, state and local tax Savage, New York, N. Y.; George H.
"Will they find it? - Whq will mold should-end indeed must--compel the revenues, which will add up to a Slonker, Allentown, Pa.; Lyle D. Web-
our law to modern conditions? The support of every man who believes probable 48% billion dollars and ber, Denver, Gol.; Walker S. Lee,
day, when single judges like Mans- in individual freedom, in our consti- which will absorb 28 per cent of total Rochester, N. Y.
field and Marshall or individual writ- tutional system, and who desires to national income, estimated at 174 bil-
ers like Blaclastone, Kent, and Story see that his children and grandchil- lion dollars for the 1947 fiscal year,
would do' it is gone. Nor can the dren shall be governed by reason and the study states. Employers Granted Tax Cut
law school do it alone or the organ- morality rather than by power poli- The insurance company statistic-
ised Bar; but it can and must be tics. When I say support I mean not is.ns estimate that about 12% cents Carson City, Nev.
done by the outstanding members merely giving money as an insurance out -of the average retail dollar will -A bill reducing by one half per cent
of the teaching Iprofession, by our policy, -but their active and unselfish be represented by indirect taxes. the minimum contribution by employ-
foremost judges, and by distinguish- counsel in the greatest common cause ers to Nevada's unemployment com-
ed leaders of the Bar, aided by the that confronts this country and the pensation program was given final
foremost men in government, indus- passage by the Nevada Legislature
world today-making our government Wage-Hour Bill Killed and sent to Gov. Vail Pittman for sig-
try, and labor. This is what I mean
best interest Raleigh, N. C. nature.
by a Law Center. We propose to and our law work in the
start it with the Pan-American Law of all. A state wage-hour bill was killed Also given final approval were bills
Institute, the Institute of Internation- "It will require all the intelligence, by thc North Carolina Senate by a extending maximum unemployment
al Law, the Citizenship Clearing vote of 82 to 10. The measure would compensation benefits from $18 to
all the fortitude, and all the unsel- have provided a minimum wage of 40 $20 weekly, and providing that per-
House, an4 a round table on income
tax procedure. fishness at our command to 'make law cents an hour and a work week of sons separated from employment be-
Universal Support Needed and order guided by reason prevail 48 hours, with time-and-a-half pay- cause of illness can receive benefits
"The Law Center is a project which over power politics." ment for additional hours. I under the program.
4 AMERICAN LAW AND LAWYERS

II Dr. Alberto Camargo Kentucky State Bar Journal Backs Move

American Law and Lawyers Named Director of to Establish Fund For Aged Attorneys
Pan-American Union Plainield, N. J.
Published weekly except on the Fiduciary Service Suggestion of Ernest Woodward,
last Tuesday of the year and on Washington. prominent Louisville lawyer, that the
alternate Tuesdays from July 1 to A distinguished Colombian journal- (Continued from Page One) Kentucky State Bar Association es-
September 30. Forty-four issues ist, diplomat and public official will Count of the votes showed 433 tablish a fun& to aid. aged attor-
annually. be the new director of the Pan-Ameri- members answering "yes" to. both neys who find themselves destitute
can Union. questions and 73 answering "no" to through no fault of their own, is
Office of Publication: In 1930, at the age of 21, Dr. Al- both. There were 17 who answered taken up with approval in the current
berto Lleras Camargo began his po- "yes" to the first and "no" to the issue of the State Bar Journal.
534 Sycamore St., Cincinnati 2, 0.
litical career as member of the House second, and 42 who answered "no" "This is a laudable idea of Mr.
ROWLAND SHEPARD, Editor.
of Representatives. Since that time to the first and "yes" to the second, Woodward's and it is- not impossible
he has also filled such important po- it was reported. of accomplishment, the Joursial re-
American Law and Lawyers sitions as general secretary to the marks editorially.
welcomes communications on all President, Minister of Government
questions of law and government, "There would have to be some es-
at various times, Minister of Educa, tablished rules to govern the accept-
the administration of justice, Bar tion and Minister of Interior. He has
Oklahoma to Tax Bootleggers
organization work, professional Mce of donations and the distribu-
been a member, and at times chair- Oklahoma City. tion of the funds," the editorial con-
welfare and other subjects of in-
telre tod law er s
terest to lawyers. be o n
Itions such
man, of many international delega-
as the Seventh Interna-
-A resolution requesting the State
Tax Commission to collect the two per
tinues.
"It is not every indigent lafyer
tional Conference of American States cent sales tax from bootleggers on who would be entitled to help. from
Subcritio
Prce .$400 Yer-in Montevideo, Buenos Aires peace whisky sales in dry Oklahoma has his fellows in the .profession. But a
conference, and the Chapultepec and been approved by a 52 to 7 vote In the lawyer who has spent the useful years
San Francisco conferences of more Oklahoma House. No procedure was of his life as an honest and honorable
Tax Law Questions recent date. outlined in the resolution by which practitioner, and through some un-
(Continued from Page One)of the bet known jour- the commission could contact the boot- fortunate circumstance has 'been un-
(Coninud
fom Pre ne) nalists -of his nation, having 'been as- leggers, the latter apparently beink able to lay away sufficient competence
Wrote Justice Shientag in a 20- sociated as director or collaborator put "on their honor." to provide for his needs is entitled to
page opinion: with the leading newspapers of Co- aid. This sort of lawyer will have too
"The mere giving of advice on a lombia. He has also contributed ar- much pride to. ask for charity, yet he
matter - of - law by a layman, even tides to foreign papers and deliver- Outlaws Closed Shop needs help and many of his fellow
though on a continuous basis, does ed lectureson political subjects. 1Dur- Austin, Texas. lawyers would willingly supply help.
not in itself stamp his conduct as ing his term as Minister of the In- A bill to outlaw the closed shop in
unlawful." tenor, to which he was appointed in Texas was passed by the Texas House "If each of us would donate a
"An architect, an engineer, -an ad 1944, he Was prominent in national of Representatives and sent to the minimum of -one dollar per year it
vertising man, a chemist (and exam- affairs, and upon the resignation of Senate. would total about three thousand dol-
. ples might be multiplied), of necessity President Lopez, Dr. Lleras Camargo lars, and this would supply $25 dol-
has to know the law applicable to his was elected to fill 'his unfinished term lam per month to 10 such lawyers
calling. * * * in July, 1945. in the state. There are many of our
Must Be Familiar with LawHeioefhbs Civil Service Group more fortunate lawyers who would
"The architect, when he draws his Notes Action Against willingly pay more than -one dollar
plans, has to be familiar with a mul- Henry Taft Estate Filed per year, and $25 dollars per month
titude of statutes and rules and regu- Impersonation-at Exam is a wonderful help to some old' fel-
lations * * * so the accountant, when New York. Chicago. low who has nothing but his memor-
he prepares an income-tax report, has According to an estate-tax apprais- A new ordinance designed to pre- ies of past performances to cheer
to. he familiar with the income tax al which has'been filed in Surrogate's vent impersonation of one person for him.
law, the decisions of the courts re- Court here, Henry W. Taft, 'attorney another at civil service examinations "If you favor the adoption of some
lating thereto, and the rulings -of the and brother of the late President was passed recently in Detroit and plan to be supported by voluntary do-
administrative agency which is in William Howard Taft, left an estate is proving effective, according to.the nations we suggest that you write to
charge of enforcement." with a gross value of $1,038,245 and Civil Service Assembly. Mr. Woodward. Maybe something
"Clearly, when these men (ac- a inet nof $1,012,967 when he died Other cities are reported also tak- can be worked out."
countants) are pursuing their specialL Aug. 11, 1945. ing action against "ringers." The
ized callings they have to be in a Securities4- valued at $12,557 con- Detroit ordinance makes such imper-
sition to advise clients. about the law stituted the principal 'asset listed. sonation illegal and provides fur- Bank Regains Bond
which is directly applicable to the Claimed interests in the law firm of ther for punishment of anyone at-
work they are called upon to do. Cadwalader, Wickersham & Taft ac- tempting to falsify an application for Found by Two
ecase n acoutan orcounted for approximately $75,000.
"Merly -a civil service exam. Patrons in Vault
an architect gives advice which may The action was taken to curb an
Springfield, Ill.
'ultimately lead to litigation and im- the decision continued, "a certified epidemic of unscrupulous examina- The State Supreme Court has .de-
pliedly prophesies the outcome of that public accountant, not himself a law- tion practices which developed in De- clined to review a decision of the
litigation, it does not follow that he yer, may not lawfully perform re- troit during the past few months. Third Appellate Court holding that
is illegally practicing law." search work for his client or give him With 'naetment of the city law, im- Mrs. Grace Pyle and Rupert R.
Rights Are Limited advice on any problem involving a personation attempts stopped ab- Schultz were not entitled to keep a
Matters on which an accountant knowledge of law which is outside of ruptly. $1000 bond which they found on the
may give legal advice in tax matters the tax law itself." Similar instances of substitution floor of a vault in the Springfield
is limited, however, Justice Shientag among applicants also have been oc- Marine bank, 1941.
remarked. Argument for Legislature curring in New Orleans, according The high court dismissed a peti-
"It would not be suggested, for ex- In a conclusion the court wrote: to the municipal city service director, tion by Mrs. Pyle and Schultz for
ample, that an accountant drawing "Petitioner argues eloquently that and action is being taken to stop them. leave to appeal the Appellate Court's
up an income-tax return may lawfully it is contrary to sound public policy In Buffalo, N. Y., the local civil decision.
pass on questions of law such as dom- to permit accountants to do the kind service commission provides for posi- The Appellate Court opinion .re-
icile, the validity of a marriage, the of work that the respondent (Mr. tive photographic identification of versed a ruling by the Sangamon
construction of a will, a deed of trust Bercu) has been doing; that is a applicants at each step in the examin- County Circuit Court awarding the
or any other legal document upon type of service which lawyers only ing process by taking the applicant's bond to the finders. The Appellate
which tax liability may on occasion should be allowed to render. picture when he files application. No Court upheld the bank's contention
depend. "That argument should be ad- attempts at substitution have been that its vault was not a public place
"Even in connection with his actual dressed to the Legislature rather than made since this identificatioft method and therefore articles found in it
preparation of an income-tax return," to the courts." was put in operation. must remain in the bank's custody.

Fight against
Smoke Carried
on Vigorously
Action IsBeing Taken Or
Called for in More Than
a Dozen Major U.S. Cities
SOME ASK COUNTY CONTROL
Chicago, Ill.
Action to curb smoke, which in
some areas dumps 100 tons of soot
and dust per month on each square
mile, is being taken or called for in
more than a dozen major U. S. cities
according to the American Municipal
Association.
Smoke abatement campaigns in
other cities have been stimulated by
successful action in St. Louis. Only
two hours and 10 minutes of "mod-
erate" smoke palls were recorded in
the first four months 6f the St. Louis
liesting season. Before revised smoke
restrictions became effective, St. Louis
Averaged more than 100 hours of thick
smoke palls annually.
Enforcement Efforts Succeed
Enforcement of anti-smoke meas-
ares in Chicago has reduced air pol-
lation 15 per cent during the past
year. Before current action was
taken, soot fall averaged nearly 70
tons per square mile per month.
Chicago inspectors currently are con-
'rentrating on residential as well as
industrial violators of smoke control
regulations.
Municipal efforts to reduce air
pollution ate being spurred also by
research revealing the extent to
which smoke is a health menace. In
Cincinjiati, it is estimated smoke costs
300 lives a year because of increas-
ed pneumonia and cancer rates.
Coupled. with municipal smoke con-
trol programs, the universities of Cin-
cinnati and Louisville are conducting
research smoke control through bet-
ter combustion of fuels, especially
soft coal.
Progress in Cleveland
Cleveland reports considerable pro-
gress in smoke control during 1946.
Stricter enforcement of the city
smoke code, resulting in installation
of smoke-abatement devices by many
more railroads and factories, reduced
air pollution in Cleveland to a record
low. The city's staff of smoke in-
spectors was doubled last year, and a
new smoke control ordinance was pro-
posed but no final action has been
taken.
In Detroit, city engineers are draft-
ing a new smoke control code for
early submission to the city council.
Similar action is under consideration
in Milwaukee, while the Wisconsin
legislature is studying a bill which
would, authorize Milwaukee county to
enact and enforce a county-wide
smoke abatement law.
AMERICAN LAW AND IAWYERS 5
AMERICAN LAW AND LAWYERS 5
Legislative Trends in the States
A Guide to What's Coming in Laws and Regulations, Based on
age-HOUr Acts
a Cantinuing Study and Appraisal of Trends Developing Or
Already Established-This Week, Motorists' Responsibility
By BETHUNE JONES
A e U f0r
cial responsibility laws, applicable up-
on the happening of an accident rath-
New York. er than after failure to satisfy a
Extension of the trend toward judgment, is being urged by safety
Several States
more stringent motorists' financial authorities nationally. Some Measures Calling for
responsibility laws, rather than enact- Compulsory Insurance Pay Levels above Those in
ment of compulsory motor vehicle
Compulsory motor vehicle liability
liability insurance statutes, is indi- insurance, thus far adopted only by Comparable Federal Law
cated by developments thus far this Massachusetts, has been proposed
year in state legislative sessions this year in a number of states, in- SOME GET STRONG BACKING
throughout the country. cluding Arizona, California, Colorado,
Wyoming's now-adjourned legisla- Idaho, Kansas, Michigan, New York, New York.
ture enacted a responsibility meas- Tennessee and Wyoming. Such bills Bills proposing state wage-hour
ure providing for revocation of driv- were expected to be rejected in all laws, modeled after the federal fair
ing privileges of persons involved in instances, however, as has been the labor standards act but in a number
accidents who are unable to demon- case in the past with opposition based of instances calling for higher wage
strate their ability to settle the dam- on the claim that compulsory insur- levels than now required by the fed-
ages. eral statute, have been introduced in
ance tends to result in excessive dam-
age awards by juries and increased many state legislative sessions this
Pennsylvania's New Law
As a result -of previous legislative insurance rates. year.
Although no state had at this writ-
action, a new law will go into effect There are indications, however,
ing approved such a measure and
July 1 in Pennsylvania under which that if stringent financial responsi-
motor vehicle owners and operators bility laws of the modern type are the chances of their enactment gen-
erally appeared dim, the bills had
who cannot show that they are financi- not more widely adopted or if they
ally responsible for any accidents in fail through experience to prove their strong backing in some states, with
gubernatorial support in at least two.
which they become involved immedi- worth, more serious attention will be
ately are barred from the highways directed to proposals for compulsory Higher Pay Levels
until they are able to respond for the insurance or some other means of pro- In Rhode Island, where Gov. John
damages which they have caused. viding for recovery of losses suffered 0. Pastore advocated such action, a
Bills for similar laws were at this through accidents. Interim studies wage-hour bill drafted by the state
writing pending in several states, in- of compulsory insurance have been labor department would require a
eluding Delaware, Nevada, North proposed this year in at least two minimum wage of 65 cents an hour
Carolina and Texas. South Dakota's states. during the first year following its
legislature was among the states con- In Delaware, Gov. Walter W. Bacon effective date, with the minimum rate
sidering such legislation this year but recommended the creation of a special thereafter increased to 75 cents for a
adjourned without adopting it. The committee -to study "the desirability 40-hour week, and time and a half
legislatures of both Alabama and of mandatory liability and property for overtime.
insurance" for motor vehicles. South Carolina's legislature was
Iorida, scheduled to convene in May
and April, respectively, are expected Want Idea Considered urged by Gov. J. Strom Thurmond
to consider such measures. A measure introduced in the New to give "serious consideration" to
Hampshire legislature called for state wage-hour legislation. He as-
"orces Insurance Purchase creation of a five-member legislative serted that such a law, "providing
Financial responsibility laws of the interim commission to study the ad- for a minimum wage for all workers,
tvipe which will go into effect in Penn- visability of compulsory motor vehele except those on agriculture and do-
sylvania, giving the motor vehicle liability insurance. New Hampshire mestic service, could well be passed
owner and operator no exemption pioneered in the enactment of a at this time."
with respect to the first accident, al- stringent financial responsibility law.
ready are operative in some 14 states, Considered but not enacted by the North Carolina Measure
most of them having turned to such new-adjourned 1947 session of the A bill introduced in the North
measures in recent years. By mak- North Dakota legislature was a Carolina legislature on behalf of the
ing it highly unattractive for a motor novel approach to the problem pro- state labor department called for a
vehicle owner or operator to be in- viding for the establishment of a minimum wage rate of 40 cents an
volved in any accident at any time "judgment satisfaction" fund by a hour, with time and a half pay for
ind not be able to demonstrate his $1.00 additional tax on all motor work beyond a 40-hour, six-day work
financial responsibility through insur- vehicle licenses. Under the proposal, week. .
ance or otherwise to the extent re- the tax would cease when the fund Proposed in the Tennessee legis-
uired by law, this type of legisla- reached $200,000. It would be used lature was a bill providing for a mini-
tion has the effect of virtually forc- to satisfy judgments to a maximum mum wage of 65 cents an hour, with
ing motorists to take out liability in- of $5,000 obtained in automobile ac- time and a half for work beyond a
surance. Less stringent responsibil- cident cases when the person respon- 40-hour week. A Delaware bill pro-
ity laws, which fail to deal effectively sible for the accident had no funds, posed a minimum wage -of 65 cents
with the first accident, are effective property or insurance 'to satisfy the during the first year and 75 cents an
in some 21 other states. judgment. hour during the second year after
Wider adoption of stringent finan- A plan similar to the North Dakota the effective date, with time and a
proposal has 'been in effect in Sas- half for work in excess of eigh hours
katchwan for a year and, according in one day or 40 hours a week.
Local governments in the Los An- to recent announcement, is now be- Connecticut and Ohio
geles area also are working toward ing broadened. A bill introduced in the Connecti-
formation 'of a unified smog-control cut legislature would establish mini-
district to fight air-pollution on a Will Retain Closed Shop mum hourly wage scales of 50 cents
regional basis. Action to curb smoke Olympia, Wash. an hour for the first year, 60 cents
is being taken in numerous other cit- Bills to outlaw jurisdictional strikes an hour in the second year, and 70
ies including Omaha, Pittsburgh, and closed shop agreements in the cents an hour thereafter, and would
Richmond, New York, and Provi- state of Washington have been killed set up a standard eight-hour work day
dence, R. I. by the State Senate. (Continued on Page Seven)
 6 AMERICAM 1.AW AND LAWYERS

6 AMERICAN LAW AND LAWYRS

Ways to Avoid Resolution Proposes

Commission to Study
Proposed Bill Seeks
Fairness and Equality
Making the Record
Administration of Law
Strikes Topic Raleigh, N. C.
In Employee Hiring
Harrisburg, Pa.
Formation of a Pennsylvania Fair
(This is the eleventh of a series of

of New Report Creation of a 23-member commis-

sion to study the administration of
justice in North Carolina was pro-
Employment Practices Commission to
prevent racial and religious discrimi-
nation in employment is proposed by
articles reprinted by permission from
the copyrighted booklet "Making the
Record" published by. the National
posed in a resolution introduced in Shorthand Reporters Association).
Bay State Document, Drawn the State Legislature. The commis- a bill introduced in the State Legis-
by Governor's Committee, sion would report back to the 1949 lature by Senator John M. Waller, It is an axiom among reporters
Held 'Modern Magna Carta' Legislature. Allegheny county. that attorneys do not read accurate-
The proposed legislation, which re- ly from printed or typewritten manu-
Twelve members would be appoint- quires a $200,000 appropriation, pro- script. Many are the hours spent by
LEGISLATION IS PROPOSED ed by the Governor, one each by the hibits employers from refusing to reporters after court is closed in veri-
deans of the University of North Car- hire or firing anyone because of fying excerpts from cases cited in
Boston. olina Law School, the Wake Forest race, color, creed, national origin or the course of trial or argument. Often
Creation of a new state -concilia- Law School, the Duke Law School, ancestry. Domestics would not be this can be avoided by furnishing the
tion service and establishment of ma- president of the N. C. State Bar, pres- covered. reporter an extro copy -of the cita-
chinery to prevent strikes that en- ident of the N. C. Bar Association, 1E4bor unions would be prohibited tion quoted, the examination from
danger public health and safety were and Attorney General, and two each by from excluding from full membership which testimony may have been read,
among the recommendations in a 15,- the 'Speaker of the House and Presi- any person on account of race, color, or the brief containing the legal ci-
000-word report of a nine-member dent of the Senate. The other mem- creed, national origin or ancestry. . tations.
committee on Massachusetts labor ber would be a Supreme Court justice Besides providing for the appoint- At the least, the number of the
problems. selected by the Chief tustice. mint of a State Fair Employment case cited should be stated slowly
In submitting the report to the Leg-The commission would be authorized Practices Commission of five mem- and clearly, so that the reporter may,
islature, Gov. Robert F. 'Bradford re-
to employ a full-time research direc- bers, to be named by the governor if need be, refer to the case to check
ferred to the recommendations 'as a tor, at an annual salary of up to at annual salaries of $10,000 each, the name or quotation or both.
"modern Magna Carts for labor and the bill further authorizes the crea- In reading testimony Into the
$5,000, and clerical help, with their
industry." salaries and the per diem and expens- tion of advisory agencies and concilia- record, counsel should always read
es of the. commission members to tion councils, local, regional and the words "Question" and "Answer."
Other Proposals statewide, to carry out the purposes
Other proposals by the committee, come from the contingency and emer- of the program. In general, quotations should be
which was headed by Sumner Sliehter gency fund. read slowly and clearly, with indica-
of Harvard and was named by Gov- tions of punctuation. This is par-
ernor Bradford to represent man- Permanent Office Opened ticularly necessary and important
agement, labor and the public, oppos- Proposed Bill Asks when the reporter may have no sub-
ed anti-closed shop legislation; fav- New York.
In order to facilitate and expand sequent access to the original source.
ored use of both injunctive and ju- The beginning and end of quoted mat-
dicial powers in settling some forms Drunken Driving Cases its consultative services to the Eco-
nomic and Social Council of the ter should always be indicated. by
of jurisdictional strikes; called for stating "quote" and "unquote."
administrative revisions in the pres- United Nations, the International
ent Massachusetts law requiring labor C i t M ipa or Chamber of Commerce has opened a
unions to file annual public financial J o re Dt Nei'pal for permanent New York office at 37 Wall
statements; recommended amend- congressional action, a bill requested Street. Judge Takes Driving Tests
ments to ment
the tothe
State John R. Minter, assistant secretary
tat Labor
Laor Relations
Rlatonsby the District Commissioners to re- Plainfield, N. J.
act, and suggested ways by which general, has been placed in charge Police Judge Henry W. Clement.
employers and unions can make col- ire ca l ts n dunke drv of the -office.
while speaking before a meeting of
lective bargaining more effective. House District Committee. 'the Junior -Chamber of Commerce
In calling for a new conciliation here, stated that traffic violaters who
service, the committee urged that Similar to one which previously
Barnet Hodes Quits
take the trouble to attend a few
labor and management in Massachu- failed of enactment, the bill authori- As Law Department sessions -of a safety course before
setts be given the "opportunity to es the appointment of physicians to Head in Chicago they appear in court will get a much
develop the kind of conciliation ser- examine persons arrested on suspic- kindlier reception from him.
vice and the kind 'of arbitration ser- ion of driving while intoxicated or of Chicago.
vice which meet their needs." negligent homicide or negligent oper- Resignation of Barnet Hodes, who The judge explained that he had
Never Had Such Chance ation of a vehicle. Persons arrested attracted wide attention during his taken some driving tests himself and
"Such an 'opportunity," the report in such cases could request that e- 11 years of service as corporation had discovered that he was weak in
asserted, "has never been given em- aminations also be made by their counsel has just been announced. Dur- depth perception and hence must
ployers and -trade unions either in private physicians. Prima facie evi- ing his record term of office he com- exercise greater caution in passing
Massachusetts or anywhere in the dence, according to the bill's provis- pleted a program of consolidating and vehicles.
world." ion, wouldbe established if tests in- improving the city's legal services. He added that "the driver thus
Functions -of the conciliation ser- dicated the presence of 15-Cths of Mr. Hodes received his LL.B. from made aware of his shortcomings may
vice would include encouragement of one per cent or more of alcohol by Northwestern in 1921 and began prac- compensate for 'his failures."
regular long-termWarbitration agree- weight. tice in Chicago the same year. Prior
"in those segments of industryw Cets to his appointment, when he was 35
where stoppages of work might haveo a ea years old, as corporation counsel, he Careless Driving Penalty
serious repercussions on public healthre sed had served as an assistant corporation
and safety." tions for machinery to prevent strikes counsel, alderman, and thember of Trenton, N. J.
"We visualize the conciliation ser- that would endanger public health and State Tax commission. A bill to make persons who maim
vice," the report said, "not as an safety, the study committee asserted He is a member of the Chicago, or wound -others by driving any vehi-
agency to be called upon onl asia that "people upon whose work the Illinois State, and American Bar As- cle carelessly and heedlessly in dis-
last resort when other procedures public health and safety innediately sociations, having been chairman of regard of the rights or safety of
have failed, but as a more positive depend may have on paper the right the latter's Municipal Law section in others subject to prosecution for a
agency, continually striving to avoid to strike, but that extensive use of the 1941-42. He was president of the Na- misdemeanor was passed by the low-
last resorts. We visualize it as rih to strike would result in its tional Institute of Municipal Law Of- er branch of the New Jersey Legisla-
fire-prevention agency and not mere- being taken away from them. In ficers, 1937-40. He is a founder of ture and sent to the State Senate.
ly as a body whose function it is to other words, the right to strike is in Nu Beta Epsilon, legal fraternity, and Penalty for a misdemeanor in New
put out fires once they have oc- effect a right which they possess only is the author of "Law and the Modern Jersey is a fine up to $1,000, imprison-
cured." so long as they do not use it." City" (1937). ment up to three years, or both.
 AMERICAN LAW AND LAWYERS T
AMERICAN LAW AND LAWYERS I

Auto Financing VA Hospitals Save

Half Their Beds
Wage-Hour Acts Urged
(Continued from Page Five) Life Tenure
-

Racket Subject For Mental Patients and 40-hour week for intrastate busi
nesses and industries. An Ohio meas
Washington, D. C. ure asked a minimum wage of 40 cent
for Judges Is
The Veterans Administration an- per hour for a maximum eight-hou
of Legislation nounced that neuropsychiatric pa- day and 40-hour week.
tients now have the use of nearly 55 Maryland's legislature received a 'Asked by Bar
Find Buyers in Some Cases per cent of its hospital beds. This bill providing a maximum wage of 65
situation has not been brought about cents and a maximum work week of Rhode Island Measure Also
Have Been Paying Interest by frequency of incidence of those 44 hours, with time and a half there- Designed to Change Method
up to 35 and 40 Per Cent types of disorders, but rather because after. A Utah bill proposed a floor of Selecting the Judiciary
of 40 cents per hour with the added
TWO MEASURES SUGGESTED the treatment in such cases takes so provision that this would be increased
long. OTHER MEASURES PROPOSED
- iProvidence, R. I. In 1946, there were 58,981 neuro- automatically to federal standards if
Two bills designed to smash what psychiiiric patients admitted to VA changes are made by Congress.
-was described as a racket in auto- hospitals, of which less than 26,509 New Jersey Proposal
Providence, R. I.
Pending in the New Jersey legisla- Six measures, includdng a proposed
mobile sales financing were intro- were actually psychotic. The others
duced in the Rhode Island Legislature suffered from organic conditions of the ture was a bill to establish a minimum constitutional amendment giving life
tenure to justices of the State Su-
by Representatives Nelson F. Duphin- nervous system and character and be- wage of 65 cents an hour and time
ey and Harold- A. Duxbury, both of havior disorders. and a half for .more than 40 hours preme and Superior Courts, were in-
Pawtucket. work in a week. Vermon't State De- troduced in the Rhode Island Legisla-
The total number of patients ad-
Backed by the State Automobile mitted for treatment during 1946 was partment of Industrial Relations ture at the request of the State Bar
Dealers' License Commission, the recommended study of a state wage- Association.
458,749, an increase of 61.3 per cent Besides giving life tenure to jus-
measures would' impose new regul- over 1945. Of these, only 11.7 per hour law, or a law providing mini-
tions on both dealers and finance cent were critically ill. mum wages for women and children tices of the two courts, the reso-
compames. in the service industries. A wage- lution would alter the method by
hour law was recommended in Ar- which Supreme Court selections are
How Buyers Gouged kansas by State Labor Commission- made. At the present time justices
It was found in Rhode Island sales of cars, and require the seller are elected to the highest tribunal by
er M. E. Goss.
earlier this year that unsuspecting to furnish the 'buyer with a written Bills relating to wages and hours members of the General Assembly in
buyers of used ears were being statement, to be included in the sales
of women workers were introduced Grand committee. The Bar associa-
charged, rates as high as 35 to 40 contract, showing the cash price, the in a number of states. A New Jer- tion's measure would permit executive
per cent -on unpaid balances as a re- amount of down payment, the unpaid sey bill, backed by the state labor appointments, subject to advice and
sult of collusion between certain deal- balance, the amount of the finance commissioner, would reduce from 10 consent of the Senate, the method by
ers and certain finance companies. charge, the cost, amount and kind, of
to eight hdurs a-day and from 54 to which Superior Court justices are
In such instances, all charges were insurance coverage, and the number, 48 hours a week, the maximum work- chosen.
being lumped together 'deliberately, anount and due dates of installments ing time for women in manufactur-
giving the purchaser no idea how to be paid. ing and mercantile establishments
Other Bar Measures
much he was paying for insurance, Insurance Coverage The other Bar association meas-
and in bakeries, laundries and res-
interest and a theoretical "service ures, introduced in both branches,
Where insurance coverage was pro- taurants. One of several California
fee" to the dealer for arranging -the vided, the seller or the finance com- bills affecting hours and wages for would:
financing. It was pointed 'out at the pany would be required to furnish women would repeal a wartime sta.t- Recognize in law the right of a
time that the State Automobile Deal- the buyer with a policy -or certificate ute under which permits could be is- partner or corporate stockholder to
ers' License 'Commission has no con- specifying the amount and kind of sued for relaxation of the state's leave by agreement to a surviving
trol over finance companies, except coverage. partner or stockholder his interests
eight-hour law for women employes. in
that it licenses dealers who channel Indiana's Senate recently passed a business or life insurance pol-
The measure requiring finance com- icy, not subject to the law applying
business to finance companies. and sent to the House a bill to per- to estates.
panies to be licensed calls for an
Would Require Licenses annual license fee of $100 for prin- mit women employed in industrial Make enforceable in Rhode Island
plants to work until midnight in one- an out-of-state court appointment of a
One of the two pending bills would cipal offices and $25 for each branch shift industries,
and until 1 a. m. in trustee of a trust.
require all persons and concerns office. The Division of Bankin g and two-shift plants,
but limiting wom- Give a trustee appointed by a
which finance automobile purchases, Insurance could suspend or revoke en's work week
to 48 hours, on a six- Court the samel
excepting banks and trust compan- licenses, subject to the right as a trustee
les, -to 'be liceneed by the State Di-rihofapltoSteu licensee's. day basis. A bill introduced in the
named in a will to sell real estate
Nevada legislature would increase
vision -of Banking and Insurance. right of appeal to State S perior from 50 and change investments in the trust
to 65 cents per hour the without prior
The other measure would specify Court. Mazimum penalty for viola- court approval.
minimum wage for women workers.
the procedure for financing the retail tion of the act would be $500. Out-of-State Guardian
Recognize the right of an out-of-
state guardian of a ward with prop-
SUBSCRIPTION BLANK Connecticut to Issue erty in Rhode Island to act for the
.................................... 194 State Bonds For ward, whether the guardian is legally
($3.75 if check accompanies order) Payment of Bonuses called by another legal term, such as
American Law and Lawyers, conservator, curator, committee or
trustee or other fiduciary.
534 Sycamore Street, Hartford, Conn. Enable a married woman who is a
Cincinnati 2, Ohio. Governor McConaughy has signed
minor to waive her dower right to a
egislation providing for the issuance
one-third interest in her husband's es-
Gentlemen: of $50,000,000 in state bonds for the
tate.
Please enter my name for a three months' trial subscrip- payment of a bonus of $10 a month
for active service, not to exceed a
tion and bill me for one dollar. maximum of $300, to World War II Proposed Tax Extension Fails
veterans. Salem, Ore.
Issuance of the bonds, however, A bill which would have brought
will await the outcome of litigation employers of one or more persons un-
challenging the constitutionality of der Oregon's unemployment compen-
the bonus legislation. Shortly after sation act, instead of four or more
the bill had been signed, Rep. Charles as at present,
[3 Send paper for a year at $4.00 was killed by the Oregon
E. Lyman, Middlefield Republican, Senate through
indefinite postpone-
announced he would file such a suit.
I3 AMERICAN LAW AND LAWYERS
AMERICAN LAW AND LAWYERS
Veteran's Committee Postwar Council Asks
Veterans Are Postpones Bonus Bill Deferring of Public More Stringent
Warned about Asking Bond Issue
Oklahoma City, Okla.
Works Construction
St. Paul, Minn.
Motorists' Law
A bill calling for a $50,000,000 Because of. shortages of construc-
Is Put on Books
Legal Upsets bond issue for a bouns to World War
II veterans was regarded as dead af-
ter the veterans committee of the
tion materials and manpower, with at-
tendant high costs, all public works
construction should be deferred ex-
A.
Colorado Now Claims Most
Unrevoked Attorney Power, Oklahoma House of Representatives cept where the need is compelling, it Advanced Solution for the
Out of Date Wills Made by voted. to postpone the proposal "in- was recommended by the Minnesota Uncompensated Accident
definitely." Postwar Council in a report to Gov.
Servicemen Are Described Introdued by Representative 'Rich- Luther WV.Youngdahl and the Legis- Denver, Cole.
ard Riggs of Lawton, the measure lature. Gov. Lee Knous has signed into
PREPARED FOR BROADCASTS had been backed by the Veterans of The council, which was created by Colorado law a stringent motorists'
Foreign Wars but opposed by the the Legislature, revealed that more financial responsibility act described
ISpringfield, Ill. American Legion. than $196,000,000 worth of public by its sponsors as "the most advanett
Graphic explanations of the unde-' It called for a special election on works construction has been planned plan of getting the reckless driver
eirable results that may follow a vet- a bond issue to finance payments of by state and local units of government under control and solving the prob.
eran's failure to revoke a power of $100 to $300 to World War II veter- in Minnesota. lem of uncompensated automobile ac-
attorney or bring his will up to date ans, depending on length of service. But "many local units," it added, cidents."
in the light of changed circumstances "have made no detailed plans in spite Under the new law, participants in
are included in a radio program pre- Legal Aid Society of the need occasioned by almost com- a traffic accident involving $50 or more
pared by the Probate and Trust Law plete cessation of public work during in damages or personal injury are re-
section of the Illinois State Bar As- Lists Changes in the war." quired to report within 10 days to
sociation. Types of Service It was suggested that detailed sur- the Motor Vehicle Department.
The program also includes a dis- veys of needs and planning of public Must Deposit Security
Providence, R. I.
works projects' should be carried on
cussion of soldiers' wills that have Changes in the type of service be- If 'the report indicates that the ae-
now so that work can be started quick-
failed of probate because two wit- ing given by the Legal Aid Society of ly when materials and labor become cident was of a type amenable to the
nesses could not be identified. Rhode-Island have resulted from the available. law, the department will notify the
transition from war to peace, officers driver and owner of the requirement
Transcriptions Made
reported at the society's annual meet- Bill Outlaws Closed Shop for depositing security to guarantee
Transcriptions have been made, ing here. payment of damages which might be
along with mimeographed dopies, with 'A sharp decline in the number of Raleigh, N. C. awarded in a civil suit.
the suggestion that local Bar associa- divorces handled by the society in A bill to outlaw the closed shop and
tions throughout the state arrange recent months was revealed by Leroy mandatory dues checkoff was given If security is not deposited within
for broadcasts 'of the program. This G. Philling, secretary, who said the final passage by the North Carolina 60 days, the driver's license and auto-
material is available through the State number of marital cases rocketed to Legislature. mobile registration of the driver and
Bar headquarters here. owner of the car involved in the acci-
65 in a single month of the war as dent will be suspended. Security need
The program tells of a veteran who compared with 45 in a recent month. Question of Taxing
not be deposited by a person who car-
-had given a power of attorney to a He explained amount of legal aid
ried liability insurance at the time
friend before going overseas. While given to service people and veterans Co-operatives Settled of the accident.
the veteran on his return destroyed also is declining rapidly. In Compromise Bill Together with previously-enacted
the document, it was not a sufficient Eviction cases which occupied much law, the new act provides for:
revocation because the power of at- of the attention of the society's attor- Topeka, Kans.
torney had been recorded and the neys in the war years, now is back to Following a two-day battle over the Law's Main Provisions
record did not show a revocation. a peacetime level, officers said. issue of taxing co-operatives, the Kan- 1. The reporting of all serious ac-
After an absence of several years sas House of Representatives ap- cidents and deposits of secutity or
Is Still in Effect many snall loan easesagain have come proved a compromise bill compelling showing of financial *responsibility. a
Under Illinois law the power of at- to the attention of society officers, as co-operatives to Pay out refunds to 2. Proof of ability to respond in
torney was, therefore, effective until credit managers have started legal members within five years or declare damages by persons who have com-
six months after the termination of action on "slow pays." the refunds as company assets and mitted serious offenses causing sus-
the war. Since neither the President ________________________. pay taxes on the income.
pension or revocation of their licenses.
nor Congress has terminated the war, changing Failure to do so rules the reckless
probate, severe hardships frequentlyagainst financial structure
the 'only proclamatian to date being result. the co-operatives' violator off the highways.
a termination of hostilities, such un- result-as waged by farm members. Dun-
The program's third episode has to ing the debate, the House rejected 3. Payment of a ,nal judgment in
revoked powers.'of attorney are still do with an out of date will. On be- overwhelmingly an amendment that an accident ease and the showing of
effective if they have been recorded. future financial responsibility.
coming engaged to a young lady he would have required co-operatives to
Another part of the program illus- met at a servicemen's center, the vet- pay out the earnings and refunds to
trates the instance 'of a veteran's will eran made a will leaving her his en- members within six months after the
which could not be proved. tire estate. .taxable year. Co-operative Tax Bill Killed
One witness could be traced, but When the young lady married While the House was considering
he had been killed in action. The someone else, the veteran's family the issue, still to 'e acted upon by Annapolis, Md.
other witness's signature being il- induced -him on his return to take the State Senate, the Consumers Co- By a vote of 16 to 13, the Mary-
legible could not be read. The latter charge of their farm, and upon his operative Association of North Kan- land Senate recommitted to committee
witness failed to write on the will agreeing, his mother and father con- sas City, which has been the subject a bill to tax the earnings of co-opera-
his serial number, rank or rating, and veyed the farm to him. of much debate because of its huge tive associations. The action was re-
gave as his only address, "Somewhere Subsequently the veteran died growth, filed a petition in the State garded as killing the measure.
in Europe." suddenly -of polio, leaving the will. Supreme Court for a declaratory Unsuccessful fight for the bill's
still in existence. While the father Ijudgment to overrule the State Char- passage was held by Senxaior Wilmer
Results in Hardships C. Carter, Baltimore, who declared:
was ultimately successful in buying ter Board. The latter refused Jan
Numerous wills of this type have the young lady's interest, he was 25 to rant the association's request "if we don't stand up here for an
already been offered for probate in obliged to mortgage the farm for to increase its capita equalization of taxation, we stand for
Illinois. Since they must be refused that purpose. $2,00-0,000 to $12,000,000. socialism."