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 AmERKAN LAW AND
D I4
[AWYERS
,.

im 14 =-

Established 1939

Vol. 9 Cincinnati, Ohio, March 4, 1947. No. 9

Public's Right Gre gory to Lead Bar

Chicago.
Proposed Bill
to Counsel Is Tappan Gregory, Chicago, 'orsper president of the Chicago
and the Illinois State Bar Associations, will be the next president
of the American Bar Association. of Rights for
Upheld in Bill Mr. Gregory, who had previously served the association as
chairman of its House of Delegates, was nominated for the high
honor at a meeting here of the state delegates. Such nomination World Offered
is tantamount to election at the annual association meeting in
Practice of Discouraging Cleveland nex fall. The new leader will succeed Carl B. Rix, It Includes Articles That
Employment of Attorney Is Milwaukee. Provide Long Steps beyond
the Target of Legislation In becoming head of the legal profession in America, Mr. Privileges Now Guaranteed
Gregory will walk in the steps of his father, Stephen S. Gregory,
GEORGIA PROBLEM ECHOED who served in the same capacity in 1911-12.
In addition to carrying on an extensive practice, Mr. Gregory
FOR UNITED NATIONS STUDY
is an amateur cameraman of distinction, having attained unusual
Albany, N. Y. success in photographing wild animals. New York.
Bills to prohibit public officials and A proposed international bill of
employees from advising against em- rights, containing provisions far in
ployment of attorneys in matters Famed Woman Judge Seeks Inter-Racial Trust advance of what most nations have
pending before them have been intro- seen fit to guarantee their citizens,
duced in both houses of the State Retires From Municipal Dover, Del. has been made public by Dr. James T.
Legislature. Establishment of a state inter-
The measures were offered at the
Court Amid Plaudits racial commission is proposed by a Shotwell, chairman of the Commis-
sion to Study the Organization of
instance of the Law Reform commit- Los Angeles. islature by Senator Majority Peace.
tee of the New York City Bar Asso- Tears welled in the eyes -of former Floor This commission is the research
ciation. They would add a new sec- Judge May D. Lahey when speakers Leader E. Paul Burkholder, by re- affiliate of the American Association
tion to the Public Officers law, read- finished their tributes to her 'at a quest. for the United Nations.
ing as follows: Under the bill, a 10-member com- Work of Consultants
meeting of the Los Angeles Women
mission would be appointed \by the "In a very real sense," Dr. Shot-
Text of Measure Lawyers Club.
"No officer, agent or employee of The Australian-born woman jurist governor to investigate the possibili- well said, "the drafting of this inter-
ties of affording equal opportunities
any department, commission, board, retired from the Municipal court here national bill of human rights is a
of profitable employment to all per- direct continuation of the work of
bureau or other agency of the state early this year after 18 years of ser-
sons, with particular reference to job the consultants of the American dele-
or any political subdivision thereof, vice. She had been a Superior court training and placement.
or of any public authority, public commissioner and attorney before gation at the San Francisco confer-
benefit corporation, or other public that. ence, a body of unofficial character,
corporation or district in the state, Able -and eloquent speakers voiced lie and the members of her own pro- but recognized as representative of
shall counsel or advise any person, the tributes paid her yesterday. First fession to an unparalleled degree, a very large section of American pub-
firm or corporation, not to seek the of these was Mrs. Mabel Walker Mrs. Willebrandt said. This respect lic opinion.
services of an attorney-at-law, or Willebrandt, former assistant to the was richly deserved because of her "It was this body of consultants
shall indicate to any person, firm or Attorney - General of the United long and useful service, and a public which insisted strongly upon the in-
corporation that the retainer -of an States, who was followed by Munici- pinnacle attained despite handicaps. sertion into the text of the charter
attorney-at-law will be detrimental to pal Judge Frank G. Tyrrell. Representatives of many women's of definite provision in the organiza-
such person, firm or corporation, in, Judge Lahey, first woman ever to clubs, of the Lawyers Club and Los tion of the United Nations for the
or in connection with, any matter or be presiding judge of the Municipal Angeles Bar, attended, as well as of study of the problem of human rights
transaction now -or hereafter pending court, enjoyed the respect of the pub other professional and Civic groups. and measures for their realization,
before him or them." culminating in the proposal for the
Violation of this prohibition is
- - -- - ~. erection of this Commission on Hum-
-a an Rights."
made cause for reprimand, suspen-
sion, removal or discharge in the dis-
LEADING NEWS ARTICLES- Articles in the proposed bill which
cretion of the authority vested with strike out into new territory in a
Tax Danger in Using Old Charter ------------------------ 2 formal declaration of rights, are as
disciplinary power over such officer, Judge Suggests Legion Tackle Youth Problem -------------- 2
agent or employee. follows:
-States Consider Own Rent Control ------------------------ 3 Novel Provisions
Governship Succession See Collective Bargaining as Doubtful Right --------------- 3 Article 17 -"Every person has the
The Georgia political struggle now Labor Measures Introduced at Bar Request ----------------- 5 right to social security; and the state
raging calls attention to the fact that Competition Curbs Sharp Practices ------------------------ 5 has the duty to maintain or insure
its problem could arise anywhere. Peace Time Military Training Favored --------------------- 6 that there are maintained compre-
State constitutions generally provide "Time" on Roscoe Pound ------------------------ -- 6 hensive arrangements for the pro-
for succession where a governor-elect Guild Would Limit Government's Role in Labor --------------- 7 motion of -health, for the prevention
dies. Several bills have been intro- Limits Meaning of Recent Case on Disclosure --- 8 of sickness and accident, for the pro-
duced and referred to the Judiciary Council Asks for Re-Examination of Drivers ----------------- vision of medical care and of com-
committees in both houses of -the leg- nensation for loss of livelihood, and
islature which would amend the New EDITORIALS AND FEATURES- for insuring all residents have an
York constitution to prevent the oc- Legislative Trends in the States -------------------------- opportunity to obtain adequate food
currence of this problem here. 5
and housing."
(Continued on Page Four) ..............El................... (Continued on Page Four)
I AMERICAN LAW AND LAWYERS
3 AMERICAN LAW AND LAWYERS
Tax Danger in
Using an Old
Charter Noted
Question Whether to Start
New Company or Reactivate
One Held to Require Study
EXAMPLE OF A BAD CHOICE
Newark, N. J.
Shall you start that new business
venture with a newly formed corpora-
tion or shall you use the empty hulk
of an old corporation that happens
to be lying around?
Too many lawyers fail to recognize
that the answer depends on a keen in-
sight into federal income tax con-
siderations, writes Harold A. Eppston,
lawyer and certified public account-
ant and member of the tax faculty
of New York University, in the cur-
rent issue of the New Jersey Law
Journal.
Possible Savings Ignored
Many a new corporation is formed
with a resultant loss in -operating less,
carry-over and carry-back benefits.
On the other hand, many an old cor-
poration is used for the new business
activity, without proper regard for
the tax dangers that lurk in the back-
ground, says Mr. Eppston.
"A recent case forcefully points up
the danger of blindly using the old
.corporation form for a new business
activity. The corporation had at one
time been in business but had been
wholly inactive.
Earned Large Profit
"It kept alive as a corporation by
paying franchise taxes but no in-
come tax returns where filed or re-
quired since 1935. During July, 1939
it purchased an old ship, repaired it
and operated it for a few months
and on March 15, 1940 entered into
an agreement to sell it to the English
government. Title passed on June 7,
1940 and a profit of $287,000 was
realized.
"In the old days of prior activity
the corporation reported for federal
income taxes on a calendar year basis.
After entering into its contract to
sell the ship the corporation woke up
to the fact that the profit in 1940
would be hit hard by the excess profits
taxes.
Did Next Best Thing
"It could easily have started a new
corporation for its new economic life
when it purchased the ship in June
1939. However, it did the best thing
it could, after it awoke to the tax im-
plieations involved, and made applica-
tion to the 'Commissioner on May 7,
1940 for permission to change its fis-
cal year from a calendar year basis
tq a fiscal year (July 1 to June 30)
basis. Had it been successful, in
effecting the change, which it was
not, the corporation would have
escaped the heavy excess profits taxes
War not Inevitable, Psychologists Believe;
Consider Ways to Avoid Causes of Conflict
Judge Suggests.
New York.
In challenging the belief that there Duvall assures us that we must solve
Legion Tackle
will always be -war because it is hu- three problems:
Youth Problem
man nature to fight, Sylvanus M.
Duvall declares, in War and Human
Nature, a Public Affairs Pamphlet
(1) Reduce the amount of frus-
tration in the world;
(2) Develop social standards of Would Render an Important
just published, that "we could, by success that most people are capable Contribution with National
proper and intelligent control, make of reaching; and
Program, Veterans Are Told
peace as natural as war." (S) Make sure that the goals for
While it is natural for some peo- which people strive are safe for oth-
Chicago.
ple to be warlike, he points out, they er.
Solution to the problem of juvenile
were not born that way. They have delinquency does not lie in the courts;
learned to be like that.
it lies in the family, because the dam-
In presenting the psychologists' ap- War, Alcohol Cause Divorce age has been done long 'before the
proach to the question of war and boys come into court, Judge Jacob i.
peace, the pamphlet states that the Las Vegas, Nev. Braude, of Boys' court, told an Ameri.
first essential for any effective pro- District Judge Frank McNamee has can Legion group here.
gram for world peace is a thorough claimed that half the domestic Judge 'Braude urged the legion to
understanding of human nature and troubles that have led to an increase consider what it could do on a large
its relationship to war and peace. in divorces this year can be blamed national, plan to make its contribu-
'Peace groups and peace plans have on the war, and the other half on al- tion to a fight now being waged
failed in the past because the people cohol. against juvenile delinquency by many
who want peace have not understood "Fourout of five complainants are national, state and private organiza-
why we have war and have not used women," said Judge McNamee, "but tions. He spoke in support of a reso-
the scientific knowledge of human na- the social stigmaof a man divorcing lution suggesting the creation of a
ture that is already available to us. a woman seems to have disappeared." legion department on juvenile delin-
We have been making a lot of The judge added that troubles arms- quency, which was passed.
wrong assumptions, Dr. Duvall be- ing from the loneliness of war and
lieves, like thinking that "injustice" the excessive drinking of one -of the Must See Job Done
causes war, or that the "have-4iots" partners, lead -the entire field of reas- "Somebody must step up and see
ons for the increase in broken homes. that the job is done," Judge Braude
are always the aggressors.
pointed out. "If the legion will study
"It is the malcontents, those who what can be done, get behind the
are psychologically disturbed within plan and assure its operation, the
themselves, who -are the war-makers. People Will Not legion will contribute much to the
People are most warlike and aggres- Be Talked Into An national welfare---something to which
sive when (1) the social and economic it can point with pride."
relationships of life have licen dis- Economic Depression Remarking that a great percentage
rupted so that people feel bewildered, of youths brought beforp his bench
confused, uncertain, and insecure; New York.
A good many economists have ex- in Boys' court were veterans, the
and when (2) people are frustrated."
pressed the opinion that there is judge remarked that although these
"Frustrated people," the pamphlet boys 19d been good soldiers they were
points out, "tend to blame their trou- probably a moderate economic reces- not becoming good citizens. "We
bles on somebody else. Usually they sion in the making. Anyone is privi-
all must help our former buddies
do not know that the difficulty is real- leged to disagree, for time alone will serve their country in peace as they
ly with their own inner conflicts. So furnish an answer which is beyond did in war," he said.
naturally they blame others and feel question. However, some people not
hostile and resentful. This resent- only disagree but go a step further Not Concerned with Moral Issue
ment is the soil in which grows the and object to any -discussion of a Judge Braude noted that his ex-
will to war **** If enough people are recession on the ground that the perience with so-called first offenders
sufficiently frustrated and if they can country might be "talked into a de- has shown that the cause of their
be peisuaded to -blame things upon pression." arrest was not their first offense
some one group-as the German peo- That is one thing we have no fear against society, but the first offense
ple were persuaded by Hitler-the re- of, according to Laurence Stern of at which they were caught, and that
sult may be war." Standard & Poors Corporation. If mostly they were more concerned
If we ore to have world peace, Dr. the economy is on a sound founda- with what mistake led to their ap-
bion, talk will not shake it. If it is prehension than with the feet of
not, keeping quiet about the possible their wrongdoing.
of 1940. "It was of no avail to the trouble spots cannot prevent the re- "The cost of juvenile delinquen-
erring corporation to argue in the adjustment. We have had a number cy," he declared, "either from the
Tax Court, and again in the Circuit of depressions and recessions in the point of view of suppression or pre-
Court, that the old corporation had past. It is not on record that the vention cannot be reckoned in dol-
died and that in reality the new country was "talked" into any of lars and cents but in the price we
economic life of the corporation that them. Probably each would have pay in broken moral fabric.
began in July, 1939 gave authority been less serious if more people had "When we hope to approaimate a
for a -new tax year. The officers, heeded the advance warnings. solution," Judge Braude concluded,
stockholders of taxpayer, pleaded that "we must begin in the highehair, not
they thought they were making a new "Right after V-J Day there was a the electric chair."
corporation, and merely signed such great deal of talk about a recession,
much of it government-sponsored. So
papers as the lawyer told them.
"L Hand, C. J. referring to the far as we can recall, never did a pre- private economists, this example from
fact that the shareholders took new dicted recession have so much official fairly recent history suggests that
shares in the corporation after in- and semi-offiial advertising. whether production turns don irl
creasing its capital said 'Nothing could "Yet business was not 'talked the second half year or keeps rolling
more clearly prove that they meant to down.' Since it is a reasonable as- in high gear, the result will not be
avoid the expense of forming a new sumption that the general public pays affected by the proclaimed opinion
corporation, and proposed to make some attention to officialdom, andlof any individual, organization Or
use of an old one.'" practically none to the debates of gpoup."
 CAN A -MERILAWY.R-
AND ---
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SA va t or Is F inmedc
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New Virgnia Law Puts TopM Cor

tricANNN. i Adn -C.'-

of 15 Per Cent on Advanc e r 3'>

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t:udge pa-te mn -
If Federal Rule Is Ended Maddenl

REVIEW OF RECENT ACTION ~m

:arYshes i
SHOULD BAR SOMESTKE

Rant control billsihave beers ito- - '-8E,

few-> nre-ns oa'- airrf"n"' n- i-rminL
FuB-Ndalita uARna -swred,
qNueshN'N iteoi-
whethe10 i-
dated in at least 11 stat-e leisistures
so far this year and Virginia alrenody weni the pilot was givingI a ilving l
has enacted such a law a' cording- to lesson. Cmpaianiag Ainese were
the National A-ociatin of Houing Tap r rt-

The Virginia control enoc- 1ren' , 0

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ment n--r cent -rent in-
permits 15 tAt.
crean-( if and when federal regula- Z: 1", >, f an -3 t a e C - t-l tC.- C a - a :& C s :ade
tions lapse. The law, Eigned by "'he i - di
governor Jan. 30, does not apply to ----------- I the rqok ". "'h aN' and i t t Caie C o- e
new co)nstruction arid e'xpire JlY 1,of
1948it a~i~\r 1J~1Seeking to Ease Pole1,1ci in-; ~
May Extend P-,,sent Law his
N--w YoK, m3awIe, is con-ider- cses 1 - 1. i Butat fls 1-
iag a yc'a-s extirnsi-on of >N Nl:11t In C Cases hurt 't- currelit
rent c-ontrt act, adpe in 194f1 -
and schelled te -xpirc Junc 80, Rtit 10 tiDNlO At
Rents Were fr-ozen at OPA. ceilngs f Jt O ' t f :"i I-- - ,o'u 3t
un1ider author-ity of thej act lat sum--IA.knmd .l ;'" lan of G Ti1us
to nrTappanlGtegotycentre:digaanttduck uner who '-he A"t
mer durig thelk brie~f lapse: of fedE'rl1 1
rgultin If federll ci lngs are -
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alin aboish3ed, stte age ey will f' ' nn-a' at
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'American Law and Lawyers 1.
Published weekly except on the
last Tuesday of the year and on
alternate Tuesdays from July 1 to
September 30. Forty-four issues
annually.
Office of Publication:
534 Sycamore St., Cincinnati 2, 0.
ROWLAND SHEPARD, Editor.
American Law and Lawyers
welcomes communications on all
questions of law and government,
the administration of justice, Bar
organization work, professional
welfare and other subjects of in-
terest to lawyers.
Subscription Price - $4.00 a Year
Single Copies 10 cents.
World Bill of Rights
('Continued from Page One)
Article 18-"Every person has the
right to receive state assistance in
the exercise of his right to work;
and the state has the duty to promote
stability <f employment, to insure
proper conditions of labor, and to
fix minimum standards of just com-
pensation."
Altogether there are 19 articles in
the international bill of rights which
has been sent to the Commission on
Human Rights set up by the charter
of the United Nations.
Justice Shows Need
For Charging Fees Of
Bar Exam Applicants
Washington.
Chief Justice Bolitha J. Laws of
District Court declared receitly, in
answer to a question, that the com-
mittee on Admissions and Grievances
performed services "of the greatest
magnitude" and expressed the view it
does not receive too much in fees
charged applicants for District Bar
examinations.
Attorney James J. Laughlin had
recently comnplained that the commit-
tee should not receive funds from the
applicants for the examinations, but
suggested instead that the funds be
used to compensate lawyers appointed
to defend impoverished clients. Jus-
tice Laws said he had no comment to
make on the attorney's letter.
Justice Laws pointed out that the
committee has "an extremely heavy
job" and considerable expenses in
connection with investigeations, em-
ployment of clerical help and other
costs.
He favored compensating court-ap-
pointed attorneys in some instances
defending individuals unable to pay
for lawyer's services, but indicated
that he believed a certain amount of
such work should be performed free
as a public service.
AMERICAN LAW AND LAWYERS
Milwaukee Bar Plans
Unique Series of
Legal Aid Programs
Milwaukee, Wis.
The Milwaukee Bar Association
and the Junior Association of the
Milwaukee Bar, in co-operation with,
and over, Radio Station WTMJ, Mil-
waukee, will sponsor a series of seven
consecutive Saturday afternoon pro-
grams, March 8 to April 19, inclu-
sive, at 4:15 p.m. The seiies is called
"Your Legal Problems."
The subjects, which involve legal
prgblems with which the ordinary
person is most frequently confronted,
in order, for each of the series, are:
When Do You Need a Lawyer?; Your
Taxes; Your Will; Buying or Selling a
Home; Organizing a Business; Buy-
ing ard Selling Personal Property;
and, Rules of Thumb for all Laymen
to Follow. They will be discussed and
explained by lawyers who are mem-
bers of either or both of the associa-
tions, with a moderator.
The program is a public service
program, presented for the purpose
of bringing to the attention of the
general public many everyday legal
problems, and general information
concerning them.
The general chairman of the com-
mittee in charge is Stanley V. Jacob-
son. Ronold A. Drechsler, president
of the Milwaukee Bar Association,
will introduce the series on the March
8 program.
'Unicam' Legislature Proposed
Austin, Tex.
A unicameral legislature is propos-
ed in a, state constitutional amend-
ment introduced in the 'Texas Legis-
lature by Rep. James L. Spencer of
Athens. His plan would create a 62-
member chamber with the solons to
be paid $3,000 annually for four-year
terms. Similar proposals have been
unsuccessfully advanced in past ses-
sions here.
Co-operatives Face Problem
Topeka, Kans.
Bills which would require co-oper-
atives either to refund money to nem-
bers or pay income taxes on funds
retained have been introduced in the
Kansas Legislature.
Fair Trade Bill Introduced
Montpelier, Vt.
A fair trade bill, to authorize re-
sale minimum price contracts be-
tween manufacturers and retailers,
has been introduced in the Vermont
Legislature by Representative Aikens
of Bethel, an official of -the Vermont
Retail Grocers' Association.
Similar bills have been unsuccess-
fully introduced in previous sessions.
Vermont, Missouri and Texas are the
only states without such laws.
California Bar Opposes Measures to Reduce
Standards for Veterans' Admission to Bar
Council for Public
Los Angeles.
Astheresultof action-by its board
(Continued from Page One) of governors, the State Bar of Cali.
fornia through its president, Julius
All bills -provide that upon the V. Patrosso, Los Angeles, declared its
death -of a governor-elect the lieuten- opposition to several bills now before
ant governor-elect shall serve as gov- the legislature to lower standards of
ernor for the term for which the admission by permitting certain class-
governor-elect was elected.
es of veterans to practice law without
The Hammer-Graci bill goes a step passing a qualifying examination.
farther, and provides that if the lieu- "If enacted -these bills would harm
tenant governor-elect also dies before the public, the veterans as a whole,
taking office, the office of governor, and especially those who would be
and the duties of lieutenant governor, admitted to practice in a highly com-
shall devolve upon the temporary
petitive field without sound -training,"
president of the 'Senate or his succes- Mr. Patrosso said. ":Such a course
sor until the vacancies can be filled of action could only result in medioe-
by election. rity, if not failure for the veterans
whom the bills purport to benefit.
Already the people of 'California and
Governor Proposes Sales Tax the nation have provided an alterna-
Annapolis, Md. tive by supplying funds to 'help the
IEnactment of a two per cent con- veteran to get the education he needs,
sumer sales tax to raise a minimum and by means of which he may pre-
of $18,400,000 a year was recom- pare for the examination. A license
mended to the Maryland Legislature without such tested education is a
by Governor Lane, who also proposed ticket for a free ride to failure."
state income tax increase to raise an "Bills to lower minimum standards
additional $6,528,000 a year. of competency can do only harm to
He proposed that the tax rate on the public, -of which at least 60 per
individual earned income be increas- cent is composed of veterans and their
ed from two per cent to 2% per immediate families. Such persons
cent, and on corporate income from have a right to know when they con-
1 % per cent to four percent. The suIt a lawyer about their personal
income ttax changes would not 'be- and property rights that they are in
come effective until the calendar year skilled hands, certified by the fact
1948. that they have passed a thorough but
fair examination covering minimum
essentials."
"For -thebenefit of those who would
Annual Report Shows be admitted under these bills and for
Efficiency, Economy of the protection of the public, these
measures should be defeated." Mr.
Chicago Law Bureau Patrosso referred specifically to Sen-
ate Bills No. 11, 14, 333 and 517;
Chicago. and Assembly Bills 1024 and 2069.
Illustrated with cartoons 'and graph-
ic charts,'the story of how Chicago's
Law Department disposed of 90,000 Breach of Promise
items of municipal legal business in
1946 - 1,600,000 in 12 years - is Would be Allowed
told in "Chicago's Law Year-1946", In Property Cases
just published.
Issued as the Annual Report of Albany, N. Y.
The New York -State Bar Associa-
Corporation Counsel Barnet Hodes,
the 167-page volume shows how court tion has called for legislation to
victories saved or earned the city amend the law banning breach of
treasury $105,583,458 in the past promise suits.
year and $195,471,124 during the 12- The way the law now stands, a
person who gave over property to a
year period since Hodes assumed of-
fice. prospective mate in the mistaken be-
lief that he or she would thereby
The first part of the report contains
a study of 'Municipal Postwar Prob- guarantee getting married, is unable
to sue for that property. This statute,
lems based, on a nation-wide survey
which was adopted in 1935, is con-
of activities of American cities.
sidered by the Bar association to be
Among the highlights of the past loosely written, too broad, and unfair
year was the establishment of a Civil on that score,
Rights Unit to aid in securing com- "The courts of this state in inter-
pliance with the city's fair employ- preting the statute abolishing causes
ment practices ordinance and the of action for breach of promise," says
ethical code 'of the Mayor's Commis- the association, "have held that the
sion on Human Relations. Another statute bars recovery in actions for
highlight was the publication of a new restitution. We have no desire to be
edition of the Municipal Gode-origi- critical of the decisions of our courts,
nally published in its present loose- but we do feel that if the statute
leaf form in 1939 under Hodes' di- permits of such a construction, it
rection. nost certainly should be amended."
 AMERICAN LAW AND LAWYERS 5
AMERICAN LAW AND LAWYERS 5

Labor Measures Legislative Trends in the States

A Guide to What's Coming in Laws and Regulations, Based on
Competition Held
a Continuing Study and Appraisal of Trends Developing Or Effective Curb on
Are Introduced Already Target
Established-This week, Discrimination

at Bar Request By BETHUNE JONES Measures designed to outlaw or- Sh Pa

CIVIJ! IILU
t4
New York. ganizations which advocate racial or
Picketing, Strikes, Denial A survey discloses that legislation religious prejudice have been intro- Padded Financing Charges
of Union Membership Would designed to curb racial and religious duced in the legislatures of Indiana, By Used Car Dealers Seen
Be Affected by Legislation discrimination 'is being sought on a Nebraska, California and Pennsyl- Likely to Be Eliminated
broad scale in current state legisla- vania, with indications that this form
Albany, N. Y. tive sessions throughout the nation. of legislation, aimed at such groups Salem, Ore.
Three bills introduced in the New Several different types of anti-dis- as the Ku Klux Klan, would spread Belief that keener competition will
York State Legislature by Assembly- crimination bills are pending, but further during current-year legisla.
man Arthur L. Parsons, Scholarie, main interest centers on proposals- tive wipe out most of the evils of excessive
sessions. financing charges by some used ear
at the request of the State Bar Apse- advanced in at least a dozen states- dealers was expressed by trade repre-
cation, would: to outlaw discrimination in employ- Discrimination in Colleges sentatives at a hearing conducted
1. 'Prohibit picketing by a labor ment because of race, creed, color or Prevention of racial or religious here by the Financial Affairs commit-
eganisation defeated in an election, national origin. discrimination in institutions of high- tee of the Oregon House of Repre-
or Picketing to provoke a breach of er learning is sought in bills pending sentatives on a bill designed to curb
contract or to violate a decision. Adopt Federal Pattern in the New York and New Jersey leg- "padding" of conditional sales con-
9. Prohibit strikes in violation of General pattern of -these bills is to
islatures. This type of legislation, as tracts.
court orders, or the orders of arbitra- create state replicas of the Federal
tion tribunals. Fair Emnployment Practices Commuis- exemplified by the New York bill, Paul George of Portland, appear-
would recognize as a civil right "the ing for the State Used Car Dealers'
8. Prohibit denial of membership sion, which was set up in June, 1941,
opportunity to obtain education on Association, explained his group did
in a union of a qualified applicant by executive order of President any level or of any type, including not oppose the bill but believed it
under reasonable conditions. Roosevelt and which went out of ex-
but not restricted to primary, second- unnecessary.
The proposed legislation also would istence in July, 1946, after unsuc- ary, college, university, professional, Would Require Staeement
provide that no strike shall be an- cessful efforts were made in Con- industrial and vocational education,
The proposed legislation would re-
thorised except by a majority vote of gress to continue it on a permanent without discrimination because of
quire all sellers under time contracts
the collective-bargaining unit by se- basis. race, religion, color, national origin to furnish the buyer with a state-
cret ballot under the supervision of Utah's Senate recently killed a bill
to prohibit racial or ancestry." ment of price, interest rate, down
the State Labor Relations Board; or religious dis-
crimination in employment, despite Another form of anti-discrimination payment and other factors in the
would make unions liable for viola- legislation is indicated a pending agreement and to file their maximum
tions; would require labor organiza.- the advocacy of such legislation by New York State bill tobyoutlaw dis- interest rates with the state banldng
tions to file charters, constitutions and an interim legislative stdy commit-
tee. Action was still awaited at this crimination in mortgage financing be- superintendent.
by-laws with the State Labor Board, eanelf of race, religion, color, national George declared that the worst
and authorize the state to require writing, however,.on similar proposals origin or ancestry. Based on research was done when OPA was
In many other states, including Cali- "padding"
these records; would permit the board in the housing field by the Ameri- in effect, but that the practice was
to certify a union as the approved la- fornia, Colorado, Connecticut, Iowa,
can Jewish Congress, this bill would diminishing through competition and
bor representative and to suspend or Maine, Michigan, Missouri, Minne- set up both criminal and civil penal- a more alert attitude by buyers.
revoke such certificates; and would sota, Ohio, Rhode Island and Wash-
ties for violations. The sponsors as- "You'd be surprised how smart the
require annual financial statements ington. serted enactment of such legislation public is getting," he told the com-
available for inspection by union Cite State Precedents was a "necessary first step towards mittee.
eibers. Widely cited as models for action elimination of racial alums in New Greater Risk Noted
in other states are laws enacted in York City." Hei cntended there is some jusifi-,
the last two years by New York, New cation for adding extra charges be-
Municipalities as well as states are cause of the risk involved
Educational Campaigns Jersey and Massachusetts. Although
these measures provide stringent acting in the field of anti-discrimina- sales of old cars. He said it 4s a6o
in financing
Are Best Approach statutory penalties for racial and re- tion legislation. Following similar difficult to get insurance for old cars.
to Traffic Safety ligious discrimination in employment, action in Chicago, Milwaukee and Complaints of excessive.
charges, he
marked progress is claimed thus far other cities, the Minneapolis City asserted, are small in number com-
Detroit. on the basis of education and media- Council this year enacted a local pared to the number
of used car sales.
The most effective curb for unsafe tion efforts of administrative officials. ordinance to outlaw racial or religious Edward Williams, also of Portland,
driving is achieved through education- Indiana and Wisconsin also have fair discrimination in employment.
opposed the bill on the grounds that
al eampaigns which let the public employment practices statutes, but it would cause "too much bureauc-
know that traffic and safety laws will without stringent penalty provisions.
racy."
be enforced, according to the Traf- .Supporters of the 'New York law
fic Safety Association of Detroit. are currently seeking an amendment Insurance Deadline Extended
E9xperience has proved, Donald to further strengthen the measure by.
Slts, managing director of the Aso- permitting the fMling of complaints by Washington. Bill Would Permit
The Veterans Administration has
sodiation, said in a recent interview, interested organizations as well as extended the time in which some 10,. Unrestricted Sale And
that an invaluable aid in this educa- by individuals. A bill to repeal the 000,000 veterans of the recent war
tion are posters which bear simple Massachusetts law was introduced in may reinstate their government in-
Use of Oleomargarine
appeals, as SPEEDERS ARE LOS- the 1947 Massachusetts Legislature surance policies to Aug. 1 of this Harrisburg, Pa.
ING THEIR LIOENSES and the but appeared to have little chance of year. . Unrestricted sale and use of oleo-
terse DON'T GET A TICKET. approval. The Previous deadline for reinstate- margarine would be Permitted under
One of the most successful efforts Public Accommodation ments had been Feb. 1. a 'bill introduced in the Penmyl
along this line came through the co- Bills designed to prohibit racial
The extension was announced im- vania Legislature 'by Senator Louis
operation of the Detroit tavern own- discrimination in places of public ac- mediately after
ers who, to promote law enforcement commodation, such as hotels, restaur- President Truman H. Farrell, Philadelphia.
signed -the necessary legislation, by The bill would eliminate all pres-
and moderation, widely displayed the ants, theaters and stores, were intro-
Veterans Administrator Omar Brad- ant state restrictions on ele and
poster DRUNK DRIVERS GO TO duced in the legislatures of Califor-
ley. place the product on a par with but
JAIL in their establishments, he said. nia, Maine, New Mexico and Utah. ter by repealing four laws enacted in
Hysterical approaches to the subject The Utah bill was recently killed, but General Bradley said that national- 1893, 1901, 1913 and 1921.
have little value, he explained. The strong support was introduced in the service life-insurance term policies Charles H. Vontagen, executive
horror approach - dramatizing grisly Indiana Legislature to publicly cen- which have lapsed may be reinstated secretary of the Pennsylvania Groc-
automobile accidents through posters, sure several Indianapolis hotels for by phyment of two monthly premiums, era' Association, said the bill has the
billboards and movies - does not, he refusal to accommodate Negro legis- provided holders are in as good health suppot of both independent and
added, frighten the average driver. lators. a-they were at the time of the lapse. chain grocers.
 AMERICAN LAW AND LAWYERS
- ----------

Survey Shows Most

Americans Favor Peace 'TIME' on Roscoe Pound Making the Record
Time Military Training
(Reprinted by permission from 'His 20 yea s as dean were the Har-
Minneapolis, Minn. Time Magazine). yard Law Sc iooi's golden age. His (This is the eighth of a series of
Peacetime military training for famed: a volatile com- articles reprinted by permission from-
all able-bodied American young men In his cluttered office in Harvard's fault was the copyrighted booklet "Making the
Langdell Hall an -old man wearing a ingredients included the
is favored by six out of seven per- conservatism of the late Edward H. Record" published by the National
sons, or 87 per cent, in a sample group green eyeshade was turning the pages ("Bull") W rren, the New Dealism Shorthand Reporters Association).
of 5,500 life insurance policyholders of a new 'book. The old man looked ndis and the confused When an attorney says "forty-one-
who reported their views in a survey like a cross between Owen Wister and leftism of Fe lix Frankfurter. Har-
conducted by Northwestern National Rudyard Kipling. His name was Ros- -ard turned o 0-six," the reporter must hesitate
coe Pound. The book looked heavy. at squads of bright and momentarily, and sometimes stop the
Life Insurance Company, final com- earnest lawys rs who wrote or admin-
Its title: Interpretations of Modern istered much proceedings, to ascertain whether
pilations show. of the early New Deal counsel means $41.06, $4106.00 or
This compares with 81 per cent Legal Philosophies: Essays in Honor legisoni (a
of Roscoe Pound. Dean Roscoe mong them: Thomas $40,106, with or without the dollar
favoring postwar universal military Corcoran,
Pound, doing his best not to look to Acheson). I
avid Lilienthal,. Dean sign. Similarly, 0 two-twenty" may
training in the autumn of 1944, with ts postgraduate courses refer to an amount, a street number,
World War II still raging. pleased$ said, "A man is entitled to
t in the U. . Dean cubic centimeters, two-decimal-twen-
have his head swell a little over that." Pound's stand ards were high; and 'his
Of the 13 per -cent now opposed to ty or twenty minutes past two. In
universal military training slightly The book had come just in time to customary greeting to incoming class- reading numbers of insurance poli-
more than half, or seven per cent of cap a long career. Last week Roscoe es--Gentlem en, take a good look at cies some attorneys become hopeless.
the total, would not 'object to mili- Pound announced that after 48 years the persons eeated on either side of ly mixed by trying to give the mil-
tary training administered in all pub- of teaching (37 at Harvard), he you, for one of you will not be with lions, thousands, hundreds and digits,
lic high schools along ROTC lines. would retire in June. He had stepped us next year" -has become legend. whereas the simple procedure of say-
Thus final returns in the survey in- down as Dean of the Harvard Law At 76, Poi nd still rises at 5:30, ing "policy number one-eight-seven-
dicate that only six per cent of the School in 1936 to become the first of lumbers into his book-lined office four-three-nine-two" enables the re-
persons surveyed are unequivocally the University's "roving professors." promptly at 7 There he works with porter to record without mental per-
opposed to universal military training Now, after eleven years of teaching 'his nose alm st touching the papers turbation. "October thirty-one" may
in any form. whatever he liked, from sociology to before him. His desk is piled so high be either "October 31St" or "October,
Lucretius, he was about to give up with books that he and his secretary, 1931.
Such maintenance of sentiment for
peacetime military training, the report that pleasant job too. mutualy invi sible, have to shout at Many proper names sound alike.
comments, would seem to indicate an With 'his retirement, Harvard will each other. Roffman, Coffman, Laughlin, Coffron
alertness to developments in long lose not -only a great teacher but one Pound is r 'tiring, but not stopping and Cochran sound so similar that
distance weapons and an attention to of the top U. S. authorities on juris- work: he is finishing another book they are apt to be confused by the
international affairs 'on the part of prudence. His admirers say that he on jurisprud see (his 17th), is busy reporter. It often 'happens, by co-
the ordinary citizen that contrast has revolutionized the teaching of on a plan to reorganize China's ju- incidence, that two names of similar
sharply with his prewar reliance on law; his detractors agree that he has dicial system for Chiang Kai-shek. sound will occur in the same case,
our ocean barriers 'and his preoccupa- 'but wish he hadn't. He was the first Of his decisi on to stop teaching, he such as 'Hyman and Herman, Cor-
tion with domestic affairs. to systematize what was only a vague says: "It is best to retire before coran and Vochrane.
stirring in men like Justice Oliver people begn wondering why you 'Proper names should either be
Wendell Holmes&and 'German jurists: don't." spelled out or else enunciated so
the theory that law must look to, the slowly and clearly that there can be
World Lacks Will world around it as well as to its codes. nodoubt. Reporters are dealing with
And Courage For He did much to change the accent Pleads for World Justice names day in and out; names of
from fixed rules (analytical jurispru- Winter Park, Fla. witnesses, names of counsel, names
Peace, Says MacLeish dence) to social needs (sociological William 0. Douglas, Associate Jus- of securities, names of towns, names
jurisprudence). tice of the St upreme Court, headed a of corporations and casual names
New York. In Pound's time, Harvard Law distinguished list of internationalists mentioned 'in testimony. They are
Archibald MacLeish, United States shifted from a school that mostly who pleaded for world law and order familiar with all common names and
representative to the United Nations -turned out private barristers and cor- and justice as a means to lasting variations in spelling. When a re-
Educational, Scientific, and Cultural poration lawyers with broad-A ac- peace, in a Rollins College publica- porter asks how to spell the name of
Organization, while speaking before cents, to a training school for govern- tion. Mr. White, do not regard him quizzi-
the twenty-seventh annual meeting of ment lawyers too. The growth of ad- Justice Do uglas declared that if cally; he is striving for extreme ac-
the American Civil Liberties Union, ministrative law and the spread of wars are to be averted, "we must curacy in the record. The name
said that the world has "the means governmental bureaus and commis- have a poaitiv e program of justice at can be spelled variously "Weit, White,
of peace in its hands" but lacks the sions made plenty of jobs form this home and abs cad." Whyte, Wite," and it may be "Wyatt."
"will and courage" to use them. new kind of graduate. Pound hoped "This age can witness the 'birth of Names such as Przbylowiez, Gbur-
Mr. MaeLeish asserted that the they would help write good laws; he a great com monwealth of justice," czyk or Joewoskoski certainly require
means to peace lies in intelligent use was not a man who wanted courts to he said. "It can be the birth -of new spelling if anything is to be made
of international communications which invade the functions -of legislation. freedom for ill men." of the usual attempted pronouncia-
"for the first time in history allow the 'Only last week he cracked out pub- tion of these tongue-twisters.
peoples of the world to meet face to licly against "judges today [who] at-
and interpret Judges' Sal aries Upped
face without the aid of conquering tempt to be statesmen Publisher Is Taken
laws without guidance by the intent Little Rock.
armies." He went on to say that the of those who enacted them." His Final appro val 'has been given, by the Indianapolis, Ind.
motion picture, radio and internation- dictum: "Law must be stable, and Arkansas Leg islature to bills increas- Mark R. Gray, publisher of the In-
al press have a greater impact on yet is cannot. stand still." ing the salar ies 'of seven State Su- dianapolis Commercial, is dead here
civilization than the Industrial Revo- "The secret of my success," Ros- preme Court justices and 32 county at the age of 64 after an extended
lution. coe Pound once wrote, "is my blame judges. illness.
As a boy in Lincoln, Neb.
Mr. MacLeish added that loose talk memory." A native of Indianapolis, Mr. Gray
(he was the son of a local judge), was long active in local and state
in this country concerning the possi- he used to disrupt Sunday school Group Libe I Bill Offered political and civic affairs and in Ma-
bility of a war with Russia shows "an classes by rattling -off a charter of Topeka, Kan. sonic and other lodge activities. He
extraordinary deterioration in our will the Bible after only one reading. Under a bil I introduced in the Kan- was a former president of the Asso-
for peace. 1 'Success can only be After graduating from the University as Legislatu re a person would he ciated Court and Commercial News-
of Nebraska at 17, he studied and guilty of lib el for publishing "any papers of the United States. He had
achieved, he continued, by backing the
practiced law, found time to take a false written or printed material with been publisher of the Commercial
United Nations in the spirit of "by Ph.D. in botany and direct a botani- intent to mal iciously promote hatred since 1925.
God, we want peace and are going to cal survey of Nebraska (there is a of any group of persons in the stateI A widow, three sons and one daugh-
get it." roscopoundia lichen). because of ra ce, color or religion." ter survive.

Limitation on Government's Role in Labor
Relations Is Favored in Guild Resolution
Washington.
In elosing a tree-day conference
on labor relations held here, the Na.
tional Lawyers' Guild went bn record
in favor of limiting government's role
in labor relations to correcting funds-
mental economic and social causes of
disutes and preventing legislative
bars to free collective bargaining.
The guild adopted a resolution op-
posing compulsory fact-finding or
compulsory arbitration and made note
of the fact that one of the main reas-
ons -for industrial unrest "is the in-
ability -of industry to meet labor's
most primary needs."
Senator Murray keynoted the open-
Ing session with a discussion of "Mon-
opoly and Industrial Relations."
Others heard during the conference
were Richard Gilbert, former chief
economist with the OPA, Chandler
Morse, economist of the Federal Re
serve Board who discussed the portal-
to-portal question with Maurice Sug-
ar, general counsel for the United
Automobile Workers, and . Joseph
Padway, APL general counsel, who
led a discussion on the -question of
whether there should be "more regu-
lation of the internal affairs of labor
unio'na."
Nathan .P. Feinsinger, former pub-
lic member of the National War Labor
Board, asserted in hi# address that
government's proper role in labor re-
lations is not to "interfere" but to
"encourage and improve"-to devise
and foster new mediation techniques
and iipport voluntary co-operation
between labor and management to
strengthen "industrial self-govern-
ment" axd the "processes of free col-
lective bargaining." But, he warned,
government should a srile
Bills Reach Record Total
Sacramento, 'Cal.
The state printer was the key man
in the capita! this week, due to the
fact that his staff was working over-
time to print an all-time record total
of 4,257 Assembly and' Senate bills
before the legislators return here
March 8.
SUBSCRIPTION BLANK
($3.75 if check accompanies order)
American Law and Lawyers,
534 Sycamore Street.
Cincinnati 2, Ohio.
Gentlemen:
Please enter my name for a three months' trial subscrip-
tion and bill me for one dollar.
[ --- - S p fr
a ye.at.00............
[3 Send paper for a year at $4.00
AMERICAN LAW AND ILAWYERS
AMERICAN
"hads-off policy, especially in re-
strietive legislation, it must i t adopt
a "don't cart' attitude.
Jack G. Day, Cleveland bttorney
and former vice-chian of the
Wage Stabilization Board, aumniar-
ized the discussions of the confer-
once, stressing an "imbalan ce" of
wages, prices and profits and charg-
Ing a current drive against labor Is
designed to draw the public's ttention
away from the growth of i dustrial
monopoly.
Unmarried Status Is
Ins use
Eviction, Court Ru les
Nei w York.
The Appellate Term of the Su-
preme Court has ruled, by a split de-
cision,
aL"on'
thatcard"the fact
attitude.
that aaw man lives
with a woman not his wife Is insuf-
ficiet grounds, of itself, for evicting
him from his apartment.
This ruling was prompted y a suit
lCourt,
where rs.inta Kruiih
owner
of a E a artet
o wlefml prmn sought
to evict Leon Mahler.
Mr. Mahler's attorney, R ibert L.
Levinson, while arguing bef ore the
Appellate Term, said that ince his
client was a quiet, peaceful tei -anthis
private life was his persona 1 affair
and not sufficient cause for eviction.
Mr. Levinson added that "man y, many
tenants who live their priva te lives
in the very same manner" woi ild have
to be dispossessed should tha court
find Mr. Mahler's mode of ring ob-
lhave
jectionable.
s v ew was ac y ao pted by
Appellate Term Justices Ber nard L.
Shientag and William C. Hee ht, who
affirmed the lower-court rulir g with-
out opinion. However, Justi ce Ern-
est E. L. Hammer saidi, in a di ssenting
opinion, "The occupaney of th e apart-
ment in a multiple dwelling of respec-
table families, decent men and women,
and innocent and impres sionable
children, is illegal."
.................................... ..
LAWYERS
LAW AND
Large Texas Cities
Ask For Right
to Provide Parking
Austin, Texas.
An enabling act which would per-
mit Texas cities over 15,000 popula-
tion to create parking authorities and
issue revenue bonds for the establish-
ment of parking facilities was intro-
duced in the Texas Legislature by
representatives from Dallas, Fort
Worth and San Antonio.
Under the bill, land owned by the
city or land acquired by purchase
or condemnation could be used for
establishment of the facilities, the
cost to be paid from revenue bonds
which would be retired from the in-
come of the parking establishment.
Tax money could not be used to repay
the bonds.
The proposed legislation was draft-
ed by Dallas Attorney Paul Carring-
ton at the request of the Downtown
Traffl6 Committee of the Citizens
Traffic Commission.
Robert A. Ross, chairman of the
Dallas committee, explained in that
city that Dallas now has the power
to establish parking facilities with
tax money and operate them as a
municipal enterprise, but that the
proposed law would permit use of
revenue bonds and leasing to private
operators.
San Antonio, it was said, already
has plans drawn to establish parking
garages under several downtown
parks and will be ready to go as soon
as the bill is enacted.
Government Files Suit
to Obtain Land
Along Anacostia River
Washington.
The Federal government is going
back more than 300 years in its ef-
forts to prove it owns about 60,000
square feet of land along the Ana-
costia river.
In a suit in District court, the gov-
ernment sought to substantiate its
claim to the tract of land at the foot
of South Capitol street with the con-
tention that the land was originally
below the high water mark.
When Lord 'Baltimore received the
land from King Charles I of England
In 1685, government attorneys claim-
ed, it was stipulated that land under
water must be held in trust for the
people.
The suit itself is almost historical,
having been filed in 1918. Only one
of the original defendants, James
Martin, remains in the case.
Government attorneys told the
court George Washington had no au-
thority to convey this land when he
was laying out the Federal City in
1794. As a matter of fact, the law-
yers maintained, Major L'Enfant,
who planned the capital, envisioned a
shipping center in the vicinity of the
disputed land.
T
Public Hearing Draws
Record Crowd to
Discuss Tax Changes
Raleigh, N. C.
In what was regarded as the most
heavily-attended public hearing in
the state's legislative history, approx-
imately 3,000 persons appeared be-
fore the joint state legislative Finance
committee to express their views on
a bill to make North Carolina co-op-
eratives and mutual marketing asso-
ciations subject to payment of state
income and franchise taxes.
Of the record-breaking total at the
hearing, approximately 2,800 were
farmers and co-operative members,
who rallied to an opposition call by
the state's co-operative officials and
agricultural leaders. The some 200
proponents of the bill were mostly
members of the North Carolina Mer-
chants Association.
Rep. Henry G. Fisher of Buncom-
be, who introduced the bill, told the
committee that co-operatives have be-
come "an industrial and mercantile
empire, sure to swallow up eventually
all private groups not allied as they
are." Observing he had not antici-
pated his bill would stir up so much
"concern," he charged that many
farmers had been fed propaganda by
the co-operatives since the measure
was introduced.
Spearheading opposition to the bill,
Harry B. Caldwell of Greensboro,
former master of the State Grange,
contended that co-operatives offer the
only means by which farmers can be
assured of disposing of their products.
"Co-operatives," he said, "have
made it possible for thousands of our
small farmers to save their homes,
and back in the dark days they saved
our farmers from economic ruin.
Board Rules For Worker
Miamidburg, Pa.
The State Unemployment Compen-
sation Board of Review has ruled, in
a unique case, to grant jobless bene-
fits to a worker who, although he
knew his employer was considering
firing him, still had the courage -
or folly - to ask for a raise.
The board said that the general
manager at Ciel, Inc., Carbondale,
where the claimant was employed,
was dissatisfied with his work, but
that the latter's discharge was not
due to willful misconduct
Populace Will Decide Law
Nashville, Tenn.
As a result of final approval given
the measure by the Tennessee Legis-
lature, a proposed state constitution-
al amendment to outlaw diversion of
highway funds will be referred to the
people at the November, 1948, elee-
tion. If approved by the electorate,
it will be the first change in Tennes-
see's constitution since 1870.
e AMERICAN LAW AND LAWYERS
Limits Meaning
of Recent Case
on Disclosure
Hickman Rule Inapplicable
Where Facts Sought not in
Possession of Attorneys
DIFFERENCE IS DISCUSSED
. Washington.
Important question dealt with by
the United States Supreme Court in
the recent case of Hickman v. Taylor
as to the extent to which a party may
inquire into oral and written state-
ments of witnesses secured by an
adverse party'i counsel was consid-
ered by U. S. District Judge William
H. Kirkpatrick in an opinion just filed.
In the present case defendant's ob-
jections to interrogatories raised the
question whether defendant in a neg-
ligence case, in answer to a written
interrogatory under Rule 33, may be
required as part of its answer to at-
tach a copy of a witness' signed state-
ment taken immediately after the ac-
cident, the statement not having been
taken by its attorney and containing
nothing other than a factual account
of the accident. In overruling de-
fendant's objection, Judge Kirk-
patrick said:
Defendant's Contention
"The defendant contends that the
decision of the Supreme 'Court in
Hickman v. Taylor forbids the dis-
closure asked for, and that it is to
be gathered from the opinion in that
case that disclosure of the contents
of such a statement can be compelled
only by proceeding under Rule 34 as
though for production of an original
document-a method which, under the
rule, requires a showing of 'good
cause.'
'I do not think that the defend-
ant's contention as to the scope and
effect of the -opinion in Hickman v.
Taylor can be sustained. A careful
reading of it indicates that the court
at no point intended to. deal with
anything beyond the specific prob-
lem before it--a -problem which it
stated so plainly as to admit of little
question. The first sentence of the
opinion is: 'This case presents an
important problem under the Federal
Rules of Civil Procedure as to the
extent to which a party may inquire
into -oral and written statements of
witnesses, or other information, se-
cured by an adverse party's counsel
in the course of preparation for pos-
sible litigation after a claim has aris-
en.' And later on the court says:
'And the basic question at stake is
New World Association of Bar Seeks
Part in Work of the United Nations
New York.
The newly formed International
Bar Association is taking prompt
action toward securing its recognition
by the United Nations as a consulta-
tive agency on the legal phases of
world affairs.
According to George M. Morris,
speaker of the association's house of
deputies, the promotion, in their leg-
al aspects of the principles and aims
of the United Nations, was one of the
vital objectives of the new organiza-
tion, and that it should lose no time
in getting down to business.
On adoption of a resolution, Amos
J. Peaslee, secretary general, was in-
structed to apply at once to the Liai-
son Relationship Committee of the
UN for acceptance of the Internation-
al Bar Association as a co-operative
and advisory agency. The organiza-
tion's executive council, governing
body of the association, was instruct-
ed to. set up committees to implement
this part of its work.
These 'committees would do parallel
work with the appropriate agency of
the United Nations on peace treaties,
international tribunals, judicial as-
sistance, international double taxa-
whether any of those devices may be
used to inquire into materials col-
lected by an adverse party's counsel
in the course of preparation for possi-
ble litigation.'
Point Is Emphasized
"Throughout the opinion at every
point at which occasion arose the
court explicitly stated that what was
under review was discovery proced-
ure directed to the disclosure of state-
ments obtained by an attorney for
his client in preparation for trial. At
the heart of the opinion lies a discus-
sion by the court of the historical
function and status of a lawyer which
is far too strongly emphasized to
admit of the inference, which the de-
fendant draws, that the court meant
to rule upon any question, unconnect-
ed with the lawyer's part in the ju-
dicial process. * * *
"The view expressed in this opin-
ion is grounded upon the proposition
that the statement of a witness taken
immediately after the accident, on
the spot as it were, is a catalyst of
unique value in he development of
the truth through the judicial pro-
cess. If this is so. (and I believe
that any experienced trial judge
would agree that it is) then every
consideration of the efficient working
of that process, as well as fairness,
requires that it be available to both
parties, no matter which one obtained
it."-(DeBruee v. Pennsylvania R. R.
Go.)
Re-examination
tion, transport conventions, passport
and frontier formalities, copyright, of Drivers Is
trade marks and trade names, unfair
practices in international commerce
and the legal position of women in Council's Idea
various countries.
Would Add That to Periodic
Although it was indicated that the Inspection of Vehicles As
first world conference of the legal
profession would be held in the fall, Measure of Traffic Safety
probably in the United States because
of its proximity to the United Nations ADOPT OTHER RESOLUTIONS
headquarters, no specific time nor
place has been decided upon. The New York.
organization has been invited to meet Resolutions advocating compulsory
in Prague, Paris and other world capi-
periodic motor vehicle inspections and
tals. Election of a president for theperiodic re-examination of automo-
association also has been deferred. bile drivers to determine their physi-
Temporary headquarters of the In- cal fitness were adopted at the con-
ternational Bar Association are now eluding session of the two-day twelfth
at 501 Fifth Avenue. annual Northeastern Regional Con-
ference on Highway Safety.
Also recommended were minimum
standards on sizes and weights of
Federal Bar Association motor vehicles, and uniform regula-
Proposes Resolution for tions relating to. the transportation
of inflammable liquids and the plac-
World Federation arding of trucks carrying explosive.,
New York. School Bus Maintenance
The committee on International
Other resolutions adopted by the
and Comparative Law of' the Federal conference urged uniform standards
Bar Association has submitted the
for the operation, construction and
following proposed resolution to its maintenance of school buses, and uni-
members for comment:
form pavement markings for traffic
direction.
'Resolved: That this Committee
without any relaxation of its loyal In one -of the conference addresses,
and unqualified support of United
L. T. White of Petroleum Advisers,
Nations, yet In view of the manifest Inc., New York, presented results of
difficulties and dangers inherent in several surveys that attributed the
its structure and its lack of power increase in fatal accidents on high-
and authority either to enact or en- ways to insufficient maintenance of
force laws adequate for maintaining vehicles, especially of motor parts
World peace, hereby desire to put that cause improper combustion of
on record as our opinion that early gasoline.
and energetic steps should be taken
to organize a World Federation, with Want Uniform Standards
legislative, executive and judicial Main points of the conference's
powers based on the will of a majority resolution on school bus laws were:
adequate to afford proper safeguards That all state legistatures require the
and possessing -the authority neces- appropriate state agency to establish
sary and sufficient to give effect to uniform standards for the construc-
the mandates of its courts without the tion of schbool buses and to adopt
possibility of such action being pre- "National School Bus Ohrome" as
vented, forestalled oT frustrated by the standard color; that mechanical
the vote of a malefactor, or reealci- inspection of such vehicles be made
trent nation, or group of nations, en- three times a year; that an appropri-
joyinj, under its Charter, the right ate agency be authorized to establish
of veto, or covered by a provision minimum qualifications for the driv-
requiring unanimous consent and con- ers; that uniformity of signsbe estab-
certed action by all the member na- lished; and that school safety patrols
tions, including such dissidents them- be permitted.
selves, instead of such nations being
made amenable to both te jurisdic- Concerning pavement markings for
tion of the laws and the judgments obtaining an orderly movement of
of the courts of a proper Federal traffic and a reduction of highway ac-
power. cidents, -the conference recommended
uniformity 'among the states in this
This resolution arose from the Bar area and the adaptation of national
committee's discussions on World standards "to the current needs and
Government. prevailing praetices of the states."