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AMERICAN LAW AND
Established 1939
Vol. 9
Supremacy of
Law in World
No Dream Now
Rights Guaranteed by New
Governments Are Cited by
President of American Bar
TALKS OF WORLD BAR PLAN
Los Angeles.
The -shape of the world to come is
being determined in governments now
in process of formation, Carl B.. Rix
of Milwaukee, president of the Ameri-
can Bar, said at a press conference.
If the various governments now in
process of formation follow the con-
cept of supremacy of law rather than
supremacy of men, there will be 1,-
400,000,000 people arrayed under the
aegis of freedom 'and 400,000,000
people under -totalitarian domination,
said Mr. Rix, who was here to address
the Los Angeles Bar Association.
"If we fail," he added, "the propor-
tions will be reversed."
International Bar
Rix discussed plans for establish-
.ment of an International Bar, one of
the objectives of which will be "to
give support to- lawyers of every
other country who are working to the
ends that we support."
"Today governments are being
formed all over the world and new
constitutions are being adopted," the
U. S. Bar leader pointed out. "This
is taking place in China, in the East
Indies, in, the Philippines, in Japan-
and all these countries are adopting
civil rights following along -the lines
of our Bill of Rights. You will find
in their constitutions supremacy of
the law rather than supremacy of
men. Along with this, free and in-
dependent judiciaries are being estab-
lished.
World Bar Meet Set
"In the new Chinese constitution
for example, the protection of civil
rights has gone far beyond the pro-
teetion of civil rights guaranteed in
England and in this country."
Mr. Rix said that the first organiza-
tional meeting of the International
Bar was held last fall, and that the
second meeting will be held in New
York on February 17 at which he
will head a delegation of 10 Ameri-
can lawyers. Other nations will also
(Continued on Page Four)
7
LAWYERS
Cincinnati, Ohio, February 11, 1947. No. 6
Payments on Debt
Seen Less Painful
New Mexico Bar
Considers Pensioning See Companies
Than Inflation Cost of State Judges
Minneapolis, Minn. Santa Fe, N. M.
Unduly Upset
Inflation is currently costing the
average U. S. family more than $1,-
000 per year in increased prices of
Passage of a resolution urging the
State Legislature to enact legislation
providing pensions for judges of the
Over Tax Law
the things they buy; reduction of our State Supreme Court and District
Fear of Penalties Causing
inflationary national debt is there- Courts was announced by the commis-
fore of direct concern to every citi- sioners of the New Mexico Bar Asso- Larger Dividend Payments
zen, according to 0. J. Arnold, presi- clation. Than Otherwise Probable
dent of Northwestern National Life "It is a well-known fact," the res-
Insurance Company of Minneapolis, olution asserted, "that provision for RULE OF THUMB EXPLAINED
in his report made at the annual retirement pay will attract to the
meeting. bench leaders of the legal profession." New York.
Arnold sees much more rapid bene- The resolution pointed out that in There is probably no feature of
fits from modest pay-offs on the na- "practically all .. . departments of federal taxes subject to so much con-
tional debt than are generally antici- the federal government, plans for fusion as Section 102 of the Internal
pated. Gloomy calculations that it pensions or retirement pay already Revenue Code, according to a special
will take over 80 years to pay off have been inaugurated. . analysis by Standard & Poor's Corp.
the debt at $3,000,000,000 per year, Another resolution adopted by the In fact, many corporations, fearful
and over 50 years at $5,000,000,000 commissioners urged enactment of leg
of the penalties imposed by this sec-
annually are misleading, he feels. islation providing for publication Of
tion, have been declaring larger divi-
"That portion of the debt held by a New Mexico digest. dends than otherwise would be the
individuals, savings institutions and
case, the report says.
insurance companies is not directly Woman Jurors' Bill
inflationary because it does not in- What Is Section 102?
Concord, N. H.
crease public buying power," he Section 102 of the code provides
Authority for women to serve on
points out. "It is the tortion of the juries in New Hampshire is proposed that a tax will be imposed on a cor-
debt financed by the government in a bill offered to the State Legisla- poration formed or availed of for the
through the commercial banking sys- ture here by Prof. Charles A. Holden purpose of preventing the imposition
tem which is causing the directly in- of Hanover. of the surtax upon its shareholders
flationary effects on the price struc- by permitting earnings or profits to'
accumulate instead of being divided
ture. This was the quick, easy way
or distributed.
to raise money, but it has mush- would cut it in two in less than
roomed credit and buying power, and eight years and wipe it out in slight- "Note that the tax is imposed not
therefore prices. This portion amounts ly over 15 years. And in considering on the mere retention of profits but
to some $76,000,000,000, not $260,- the burden of a $5,000,000,000 an- only where profits are retained for
000,000,000. A $3,000,000,000 an- nual pay-off it should be remembered
the purpose of enabling shareholders
nual pay-off applied to this part of that price inflation is now costing the to avoid personal taxes.
the debt would eliminate it inside of U. S. public close to $40,000,000,000
26 years; a $5,000,000,000 pay-off per year, eight times as much. New Blanks Cause Anxiety
"It may be asked: "Why, if this is
only a measure to prevent the dodg-
-LEADING NEWS ARTICLES- ing of individual income taxes, does
the new corporation income tax form
Cities Base Pay Increases on Living Costs -- C 2
require the company to state whether
Relations of Bar, Trust Companies Considered -------- ------- 2
or not it paid out 70% of its earn-
Cash Sickness, Benefits Proposed ---------------------------. HoldenI
* -'-..ture-.here--by.Prof.-rls 2
ings in dividends, and if not why
Coat of Slums Hitsw el---------------------------- 3
not?'
Inadequate Pay for Judges False Economy ------------------- 3
Grand Jury Witness Secrecy Bill Pending I 4 "According to the Bureau of In-
American Policies Retarding Germany, Economically p 4 ternal Revenue, there is no magic
States to Act on Delinquency ------------------------------ 5 in the 70% figure. It is just a rule-
More Liberal Workmen's Compensation Sought --------------- 5 of-thumb ratio adopted for purposes
Amusement Tax Favored by Cities ------------------------ 6 of preliminary examination. The real
Union Responsible for Violation of Contract -------- ------ 6 reason for inserting the question is
Oleomargarine Tax Invalidated --------------------------- 7 to provide a sort of stop-look-listen
Restriction on Labor Unions ------------------------------ 7 sign for the examiners. In other
Industry Should Extend Help to Labor ---------------------- s words, if a corporation did not dis-
Power for Civil Rights Enforcement-Aought - 8 tribute 70% of its profits, it will bear
looking into. If it did pay out 70%,
EDITORIALS AND FEATURES- it may still warrant further examina-
Legislative Trends in the States ---------------- 5 tion for possible 102 action, but not
with the same urgency.
(Continued on Page Four)
2
I ~AMERI CAN
Cities Basing
Pay Raises on
Living Costs
Periodical Adjustment to
Fluctuations in Consumer
Price Indices Is Provided
HOW PLAN IS WORKING OUT
Chicago.
Eleven cities are basing pay raises
for municipal employees -on the U. S.
Bureau of Labor Statistics consum-
ers' price index or similar cost-of-
living yardsticks, according to the In-
ternational City Managers' Associa-
tion.
Under this type of pay-adjustment
plan, designed to accommodate mu-
nicipal salaries periodically to price
fluctuations, several cities granted
pay raises effective this month. Port-
land, *Ore., granted a 1947 pay boost
of $15 a month based on increases
in the consumer's price index. A
$25 monthly raise was granted last
July on the same basis. All Portland
employees have been given pay rais-
es totaling at least $57 a month since
the plan was adopted in 1942.
Cost-of-Living Bonus
Duluth, Minn., is now paying a
$35 monthly cost-of-living bonus to
municipal workers based on a similar
plan, $15 a month more than was
paid during 1946. Phoenix, Ariz.,
recently granted a $20 monthly raise
to all salaried workers based on a
15-point increase in the consumer's
index since June 15. Hourly em-
ployees, as in most other cities where
the plan operates, were given equiva-
lent pay increases.
Such pay-adjustment plans call for
percentage changes of a base salary
in direct proportion to percentage
changes in the consumer's price in-
dex, published each month by the
labor statistics bureau. Most -of the
11 cities limit pay adjustments to
one a year and apply the percentage
change only to the first $1,200 to. $1,-
620 of the annual salary.
Brookline, Mass., and Sherwood,
Wis., however, adjust employees' sal-
aries every month.
Plan Used in Milwaukee
In Milwaukee, piy boosts based
on price-index increases have amount-
ed to $64.52 per month since the
plan was adopted in 1943. For hour-
ly workers, the equivalent pay in-
crease has been 88.7 cents an hour.
In making the adjustments, Mil-
waukee multiplies the base salary
$1,620 by an annual index change,
resulting in a flat dollar increase for
all employees rather than a percent-
age adjustment. Four other govern-
mental units in the Milwaukee area,
including the school board, base pay
adjustments of this plan.
St. Paul was the first city to adopt
AMERICAN LAW
LAW AND LAWYERS
Cash Sickness Benefits Plan Modeled iater
California Law Is Proposed for New Je
Trenton, N. J.
A cash sickness benefits plan mod-
elled after California law and rep-
resenting a compromise between two
New Jersey proposals now under con-
sideration was suggested to the New
Jersey Legislature by Gov. Alfred E.
Driscoll.
"In New Jersey," he said, "we have
made substantial progress toward
providing the hazard of wage loss
caused by illness or non-occupational
accidents. Two plans have been be-
fore the state - a so-called public
fund. plan and a privately operated,
publicly supervised plan. There
seems to be general agreement
throughout the state that a plan of
"cash sickness benefits" should be
adopted. I am certainly in accord.
The only difficulty has been in the se-
lection as between the two proposed
alternatives.
"Following the recommend'ation of
a private plan by our Commission on
Postwar Economic Welfare, two
events of importance occurred. The
first was federal legislation enabling
the cash sickness benefit program to
be integrated with our present unem-
ploypient compensation system and
the second was the development of a
strongly supported opposition of or-
ganized labor to the privately oper-
ated plan.
"More recently, I have been advised
that there is considerable question as
to whether private insurance com-
panies can make available to the
thousands of smaller employers the
kind of group insurance that would
make the private plan workable. In
the absence of insurance, the high
hazard industries, which need the ben-
efit of a spread risk more than oth-
ers, would be left without protection.
"The issue of the private plan
versus the public plan has thus be-
come much more complicated than
when it was considered last year. In
an effort to find some common ground
upon which a fully satisfactory plan
may be built, I haveasked the Coi-
mission on Postwar Economic Wel-
fare to consider the possible adapts-
tion of the principle of the non-ex-
clusiva state fund plan which was
enacted by California last year."
such a cost-of-living pay plan, in
1922. The St. Paul plan affords the
only indication of what effects dela-
Lion may have on such plans. Ob-
serving cost-of-living index decreas-
es, St. Paul reduced municipal salar-
ies 16 per cent between 1931 and
1933. It is significant thatthe price
index dropped 26 per cent during
the depression, indicating that the
pay-adjustment plan appears to oper-
ate more accurately during inflation
than deflation. With returning pros-
perity, St. Paul's salaries have been
increased 41 per cent since 1940.
The percentage increase applies to
thenfirst $100 of monthly lary.
AND
LAWYERS
Relations of -Bar,
F ive-Day Week for
T
Iiuou
+ CV
uuiiipaiiiwh
C ffice Workers Seen Are Considered
Gaining Popularity
New York.
Banker Emphasizes Much of
Business Newly Developd,
A substantial growth of the five- not Snatched from Lawyers
da y week for office workers since V-J
D ay is revealed in a survey of 437 in- New York.
dustrial and commercial companies Friendly and successful co-opera.
in 20 cities which has just been re- tion between the legal profession and
le ased by the National Industrial trust companies has been achieved in
Coonference Board.
Connecticut through basic friendly
During the war, the office staffs of contacts, clear enunciation of our re-
on ly 141 of the companies reporting spective functions, and cross-educa-
w orked five days per week. Now 346, tion, it was declared by William W.
or 80%, report that their office work- Gager in an address at the conference
of the Trust Division of the Ameri-
er s are on the five-day week.
can Bankers Association.
The trend toward shorter hours is "I would emphasize," Gager said,
noted both among firms which were "that, in considering the relations be-
on war-time five-and-a-half and six tween the Bar and the trust institu-
d ay work weeks. tions, we must realize that the great
increase in the business of the trust
Nearly two-thirds of the number
institutions is not merely the acquisi-
w hich worked five and one-half days
tion of business formerly conducted
d iring the war report they have by lawyers; it is, rather, a new busi-'
'opped the "Saturday morning" ness."
w ork week. Of the firms surveyed,
154 reported their wartime schedule New Problems Recognized
ca lied for five and one-half days. The Bar has, for the most part,
Si nce V-J Day, only 54 continue on realized that fact, and that the new
th e basis of the "Saturday. morning" problems raised by taxation, by in-
work week. vestment qtiestions, by the increased
complexities 'of life, have engendered
new instrumentalities for accomplish-
ould Ban Closed Shop
ing that which the individual lawyer
Olympia, Wash. a not equipped to do-ard has learned
A state constitutional amendment to make use of such Instrumentali-
ties for the benefit of his clients.
to outlaw the closed shop has been
troduced in the Washington State "We, the lawyers, 'conscious of our
in
egislature by Rep. W. P. Goff, Pierce. own limitations in those attributes
L
is proposal would specify that "the which are characteristic of the trust
i
ght of persons to work shall not be institutions, are only too happy to
r nied or abridged on
account of avail ourselves of their facilities and
d embersh'ip in any labor union." to recommend the use of such facili-
MA
ties to -our clients. Thus we can take
from our shoulders the burdens of a
5tabilized Tax Rate business which, in its administrative
P roposed As Way details, is entirely foreign to the con-
duct of the profession in which we
tc Balance Economy have educated ourselves.
New York. 'Scrupulously Careful'
Stabilization of tax rates as a "And they, the trust institutions,
eans 'of establishing a balanced conscious of their limitations, have no
onomy and combatting inflation was desire to, nor, I am hppy to say, do
ged by Paul G. Hoffman, president they consciously assume to themselves
u
Studebaker Corp. and chairman of the business of the lawyers--the giv-
e Committee for Economic Develop- ing -of legal advice to others. Rather
Lbent, in an address here.
are they scrupulously careful, not be-
"The significant feature of sta- cause of fear of prosecution, but be-
bil ized tax rates," Hoffman declared, cause they know their own limitations,
Ii s that they result in the collection to avoid any practices which may be
construed as the practice of the law.
of a high volume of tax dollars in
pe riods when inflation threatens and "Basic friendly contacts-clear.
a low volume of tax dollars in per- enunciation of our respective func-
io ds of depression. tions-cross-education-these are the
fundamentals on which we in Con-
"Stated otherwise it takes money necticut have found successful co-
ay from people when they are in- operation can be based."
cli ned
to spend too much and leaves
oney with them when they have too
it tle to spend." basic principle of tax policy, tax rates
should be set to balance the budget
Urging revision of the entire tax in a period of normal prosperity and
stem, Hoffman declared that as a then let alone.
 AIR5CAN LAW AND LAWYERS 3
AAWJUCAN LAW AND LAWYERS

Philadelphia Judges Lawyer Champions Hig'her Salaries for Judges;

Cost of Slums Would Be Given Inadequate Pay Is Fal se Economy He Argues
Salary Increases Philadelphia, Pa. death. There is no protection for
in City Hits Philadelphia.
A bill to increase the salaries of
Replying to a letter in a Philadel-
phia newspaper, suggesting that "if
those who survive him, unless he is
able during his life time to accumulate
some savings or carry insurance. He
a judge can't live on $1,000 a month
Big Figures Philadelphia judges has been intro-
duced in the State Legislature at
Harrisburg by Rep. Herman J. Tahl,
he should hunt some other kind of
work, Hyman Schwartz, attorney,
published the following comments:
must in his position live on a reason-
ably dignified scale.
Philadelphia Republican. It is hardly persuasive to say that a
Blasted Area in Jersey Is The proposed legislation would in- Salaries of state judges in Pennsyl- judge dissatisfied with the present
Causing Drain of 14 Million crease the salaries of Philadelphia's vania were fixed in 1929. Ten years salary scale should resign and return
21 judges of the Common Pleas Court later a U. S. Supreme Court decision to private practice. A judge is not
Annually, Report Declares from $14,000 to $16,000 annually, for the first time subjected these sal- so free to resign as theoretically might
STUDY REHOUSING EFFECT and increase the salary of the Presi- aries to federal income tax. Now 35 appear. Every judge who goes on
dent Judge of the Municipal Court to 40% of a judge's salary goes for the Bench must abandon his law prac-
Chicago. from $10,500 to $18,000 and the pay income tax. Also since 1929, the cost tice. Re-establishing his practice in
-Slums in Newark, N. J. are cost- of his 10 associate jurists from $10,- of living has risen approximately mid-life. would pose a serious prob-
ing the municipality an estimated 000 to $12,500. 39%. lem.
$14 million annually, according to a Representative Tahl also offered a Recently a federal law increased But above and beyond the individual
recent study cited by the National As- bill to raise the annual pay of the the salaries of all federal judges a
sociation of Housing Officials. problems of a judge, is society's prob-
District Attorney of Philadelphia flat $5,000. Here in Philadelphia U. lem. Our system of government, is
Emphasizing urgeni need for slum County from $12,000 to $14,500. S. judges now receive $15,000. a year,
elearance throughout the U. S. for one of laws rather than of men. It
A move to increase the pay of all more than any state judge of Phila- depends completely on the confidence
economic as well as humane reasons, Pennsylvania judges made consider- delphia. Besides, a federal judge is
the Newark study disclosed that in of the people in those who hold judi-
able headway at the 1945 session of appointed for life. A state judge cial office. Our system, therefore, de-
one small slum area the cost of mu- he State Legislature, but was dropped must stand for re-election every ten
nicipal services was 3.2 times as great pends upon the character and wisdom
after Chief Justice George W. Maxey [years. In fairness, a state judge
as the area's contributions to munici- of our judges. The ablest and best of
of the State Supreme Court opposed should receive more pay than a federal
pal reVenues. those learned in the law are needed
the proposal -on the contention that judge to compensate for the uncertain-
to fill such positions of power and re-
In High-Rent Area Pennsylvania 'judges already are suf- ty of his post.
sponsibility. Judicial posts require
In a high-rent residential area ficiently well paid. In England judges receive salaries competent men. Adequate salaries
studied in Newark for purposes of Although the Tahl bill proposes to ranging from $20,000. up to $40,000.
increase salaries of the judges of the are a necessary part of any plan to
comparison, the reverse was -true- Men in industry receive salaries
Philadelphia and Allegheny County many times that of our judges. keep competent men in the courts.
revenues were found to be 2.2 times
greater than city expenditures. courts only, a demand 'for a state- In 1941 a survey of lawyers' salar- It is not whether society can afford
Although residentia districts usual- wide pay boost for jurists was regard- ies showed they ranged from $9,000. to increase judicial salaries. It is
ly cost their municipalities more than ed as likely if the Philadelphia legis- to $150,000. per year in the upper rather whether society can afford not
they yield in revenues, Newark slum lator's measure is favorably acted 10%. Many lawyers of first grade to increase them to a point where they
researchers observe "There is a limit upon. ability in metropolitan centers are are adequate to 'hold and attract com-
beyond which communities should not able to make $25,000. a year and up- petent men.
go in supporting residpntial areas." Solons Ask Pay Boost wards.
To the great municipal cost of slums Des Moines, Ia. A judge, like everyone else, has
must be added relief expenditures by A bill introduced in the Iowa 'Sen- fixed obligations, a family to support, State Takes Appeal
private agencies. ate would boost the pay of state legis- children to educate, medical bills to from Invalidation
The study conducted by the lators from $1,000 a session to $1,500 pay, and charitable contributions to
Newark Housing Authority, con- and would provide expense money up make. His salary terminates on his of Taxes on Oleo
cludes that "though a, program of to $500 in addition. Iowa solons now Harrisburg, Pa.
.slum clearance and rebuilding would get no expense money.
be costly," it is "the -only way of Michigan Attorney An appeal has been taken to the
Supreme Court of Pennsylvania from
stopping the spread of blight" which General Spikes
is driving middle and upper-income Wants Emphasis on
the Dauphin County Court ruling
families to reside in the suburbs while Conciliation in Labor
Anti-Strike Bill which invalidated the $100 retail and
$500 wholesale license fees imposed
costing the city millions annually in Law, not Restriction Lansing, Mich. under Pennsylvania's Oleomargarine
increased costs of crime, fire, and A bill to outlaw strikes not ap-
St. Paul, Minn. act of 1901.
sickness. proved by a majority vote of all em-
Emphasis on conciliation rather ployes in an affected plant was ex- The basic contention of the state is
Effects of Good Housing
than restriction in approaching the pected to die in the Michigan Legis- that "there need be no particular re-
By examining what occurs when
management-labor relations problem lature following an opinion by State lationship between the amount collect-
families are moved from slums to was urged upon
the Minnesota Legis- Attorney General Eugene F. Black ed in fees and the amount spent in
decent housing, 'without changing lature by Gov.
Luther W. Youngdahl. that such a measure would violate enforcement" of a law.
their incomes, the Newark research "I do not believe that stability will-
group found that good housing can be achieved by punitive loth state and federal constitutions. Counsel for the oleo dealers who
methods Citing Kansas, Alabama and Wis- brought the successful suit in the
bring "substantial improvements in against labor. I do not believe that
the welfare of the people even though the great mass of employers want consin cases where almost identical lower court produced evidence from
to laws were voided by the courts, Black State Agriculture Department records
their poverty remains." see restrictive methods used against
The researchers were able to esti- our workers, nor do I believe that the said the proposal would be a re- that the agency collected $1,121,000 in
mate, for .example, that rehousing rank and file of working men and striction upon separately organized margarine license fees alone during
would reduce by 50 per cent the num- women want to see unfair methods crafts and skills to resort to lawful one biennium and spent only $289,000
ber of tuberculosis cases among in- used against employers. strikes. 4 enforcing the oleo law and 37 other
digents. This reduction would save He also pointed out that provisions food regulatory statutes.
"Both groups, in the main, prefer
$1 million a year in tax funds. Anoth- of the Michigan bill, introduced by
to adjust their differences peacefully
er $700,000 would be saved through Rep. Albert W. Dimmers Jr., Hills-
-- through negotiation rather than Want County Home Rule
reduction of fire loss and communica- through conflict-and we should con- dale Republican, were broad enough
ble diseases. tinue to keep the emphasis on con- to include work done in interstate Jefferson City, Mo.
The Newark study also capitulated ciliation, with a minimum of restric- commerce, now governed by the Na- Petitions requesting legislation to
reports on ratios of slum expenditures tion." tional Labor Relations Act. permit each Missouri county to vote
to revenues in 12 other major cities. "The constitution permits lawful on the manufacture and sale of intox-
Slums in Atlantic City before the war 1Indianapolis, the ratio was 8.2 and strikes," he said, "and the Legisla- icating liquor within its boundaries
cost the municipality nine times as in Atlanta it was 9.9. In Los Angeles ture has no power to abridge or re- were submitted to the Missouri Sen-
much as they yielded in revenues. In) in 1942, the ratio was 2.2. * strict the constitution." ate.
 AMERICAN LAW AND LAWYERS

New York Legislature Tax Law Penalties American Policies

(Continued from Page One.)
American Law and Lawyers Studies Secrecy Bill, Big Companies Have Little Worry Retarding Germany
Bans Law Change "The best way to see how Section Economically
Published weekly except on the Albany, N. Y.
102 operates is to cite a few examples Z Chicago.
last Tuesday of the year and on as to where it applies and where it By denazifying Germany, we
Pending in the New York State can't apply.
alternate Tuesdays from July 1 to threaten to renazify her, *MaxRhein-
Legislature is a bill requiring grand, "Take a big company with thou- stein, professor of law at the Uni-
September 30. Forty-four issues jury witnesses to take an oath of
annually. sands of stockholders and none hold- versity of Chicago and chief of re-
secrecy and a proposed constitutional ing more than, say, 2% of the total form of German law branch of the
amendment to permanently bar from outstanding shares. If such a com- Office of Military Government for the
Office of Publication: public office or public employment pany chose to pay out only a small past 18 months, declared.
534 Sycamore St., Cincinnati 2, 0. any public official who refuses to proportion of its earnings in the form
ROWLAND SHEPARD, Editor. Speaking before members of the
sign a waiver of immunity against of dividends, it would be bordering University of Chicago Law School As-
criminal prosecution when called be- on the ridiculous to invoke Section sociation at its annual dinner, Rhein-
American Law and Lawyers fore a grand jury. 102 against it. What court would be stein warned that there is real dan-
welcomes communications on all Introduced jointly by Senator Mae- convinced that the company had the ger of a "renaissance" of Nazism.
questions of law and government, Neil Mitchell of Manhattan and As- personal tax problems of all its "Inconsistency in American poli-
the administration of justice, Bar semblyman Harry A. Reoux of War- thousands of shareholders in mind? cies is delaying economic iehabilita.
organization work, professional rensburg, both Republicans, the two "On the other hand, a corporation tion. Millions of outcasts are being
welfare and other subjects of in- bills were drafted in cooperation with thousands of shareholders, but welded into a solid block of malcon-
terest to lawyers. with the Grand Jury Association of with, say, four, owning -or controlling tents and desperadoes, who are driv-
New York County. 65% of the stock, might be vulner- en 'back to Nazism or driven into it
Subscription Price - $4.00 a Year The secrecy bill is designed to pre- able. In this case, it is possible that for the first time.
Single Copies 10 cents. vent leaks, primarily in racket in- the court would be convinced that "The U. S. zone is economically
vestigations, inquiries into commer- the retention of profits was for the lagging. Public schools and offices
Law Supremacy cial fraud and violations of the anti- personal tax benefit of the four stock- are understaffed with serious conse-
trust laws. It also is designed to holders. quences for public education and ad-
(Continued from Page One.) protect guiltless persons from pos- "But even the existence 'of -the ministration.
send delegates, although not all have sible unfavorable notoriety because above situation does not itself make "Our denazification methods are
yet joined in the project. of their appearance before a grand the company liable for penalties making martyrs out of inconsequen-
Support World Peace jury. ranging up to 38 %% of retained fial little fellows, hitting too many
The proposed state constitutional profits. -It has to be shown that the wrong people, barring the road to-
He stressed that the establishment earnings were permitted to accumu- ward conversion of the former Nazi
and maintenance of world peace re- amendment would supplement a 1988 late beyond the reasonable needs of who has learned his lesson, and re-
quires a free exchange of thoughts amendment under which officials may the business."
and ideas and said that the new inter- be removed from office for failing to tarding economic rehabilitation,"
national legal organization will seek waive immunity, but which does not Prof. Rheinstein said.
to create closer relationships among prevent them from subsequent ap-
the members of the Bar of the vari- pointment to another public office Pass City FEPC Act Would Ban Closed Shop
or job. Minneapolis, Minn. Santa Fe, N. II.
ous countries. He pointed out that
there is already a trend towards this A municipal ordinance designed to Resolutions proposing state con-
objective and said that premiers of prohibit racial and religious discrimi- stitutional amendments to outlaw the
various nations, together with their Forty-Three Qualify nation in employment was passed by closed shop are pending in both
judges and legal representatives al- the Minneapolis City Council. branches of the New Mexico Legis-
ready are participating in the move- for Pension under New Applicable to all employers of two lature.
ment. Federal Legislation or more persons, city government de-
partments and labor unions, the ordi-
"This is the Bar's contribution to Washington. nance makes racial or religious dis- Claim Facts about
international peace-a contribution Forty-three members of the House
for a supremacy of the law and pre- whose service ended with the con-
crimination in employment punish- Employment Practice
able by a fine of up to $100 or by a Act Misrepresented
servation of fundamental rights," said vening of the Eightieth Congress
jail sentence of up to 90 days. It
Rix. "The underlying principle of have qualified for pensions under the 'Cleveland, 0.
provides for establishment of a five-
good government is supremacy of law Congressional Reorganization act, A charge that the Ohio Chamber
man commission to screen complaints
and the independence of the judici- according to House Sergeant-at Arms of violations and recommend cases of Commerce is "grooly misrepresent-
ary."go William F. Russell. More than half for prosecution. ing the facts; regarding the proposed
Rix said that another contribution that number will not go on pensibn enactment of a state fair employment
which it is hoped the International rolls immediately because they have practices law was made by the Great-
Bar will make will lead to world-wide not reached the minimum age of 62 Ban on Advertising er Cleveland Council for a State
agreements on the principles of inter- years required by the act, but nearly FEPC in a statement released here.
national law-to be used by the World all are nearing retirement age. of Goods for Sale Asserting that "religious leaders of
Court and by the Council of the The sergeant at arms also said below Cost Urged the Protestant, Catholic and Jewish
United Nations. that 138 incumbent members of the faiths, social work and welfare
House have applied for pensions and Providence, R. I. executives, labor leaders and a great
most of the others are expected to A bill designed to curb retail ad- number of civic organisations
take advantage of the opportunities vertising of commodities at less than throughout Greater Cleveland" are
Bonus Plan Proposed cost prices, unless the advertisements
offered in the organization measure. supporting the proposed legislation,
Atlanta, Ga. Senate Financial Clerk Oco Thomp- stated the commodities were being the Cleveland group's statement add-
A veterans' bonus bill was proposed son refused similar information on sold for clearance, were damaged or ed:
soiled, was introduced in the Rhode
in the State Legislature here by Rep. Senate pension applicants on the "Their support is based on the con-
Country Johnston, who suggested it ground it is "confidential." Island Legislature by Rep. Arthur R. viction that a soundly-drawn law
Provost Jr., Tiverton, will aid employers and organized
could be financed through a "luxury"
tax or a state bond issue. Offered as an amendment to the labor alike, will foster improved coin-
state Fair Trade act, the bill would munity relations and uncork the bot-
The measure would provide for Wants Wet-Dry Vote validate resale contracts between man- tleneck of labor shortage which is
payment of $10 for each month of Topeka, Kan. ufacturers and retailers that ban ad- hindering production.
domestic service and $15 for each A referendum vote on the question vertisements in which the indicated "The Ohio Chamber of Commerce
month overseas to Georgia's 300,000 whether Kansas should continue its price of a commodity was less than is grossly misrepresenting the facts
veterans of World War II. Provision 66-year-old prohibition against the the "contracted minimum price," un- in its statement of Dec. 81 that
also would be made for payments of sale of alcoholic beverages was urged less the advertisements stated one of FEPC legislation is 'anti-employer'
$250 to the next-of-kin of all Geor- by Gov. Frank Carlson in his message the three reasons for offering to sell and is being backed by a 'fake fronte
gians who lost their lives in service. to the Kansas Legislature. below cost. drive."
 AMERICAN LAW AND LAWYERS 5

States Moving Legislative Trends in the States

A Guide to What's Coming in Laws and Regulations, Based on More Liberal
a Continuing Study and Appraisal of Trends Developing Or
toward Action Already Established-Thi week, Sales Tax, Revenue Aid
Compensation
on Delinquency By BETHUNE JONES search Committee proposed a sales
tax or income tax or a combination
New York. of both. It was estimated a two per
Expansion of the sales. tax as a
Laws Sought
Study Commissions Ready to major source of revenue to the states cent sales tax would yield at least Some States would Take in
Report, Propose Legislation- is indicated by current developments $6,000,000 a year.
A two per cent sales tax, to yield All Workers Regardless of
Some Already Try New Acts in legislatures throughout the coun- $9,000,000 a year, was favored in the Number Employer Hires
try. Rhode Island by members of a bi-
Bringing to 24 the number of states
RECENT STEPS DESCRIBED with such levies, Tennessee's legisla- partisan legislative study commission OTHER LEGISLATIVE STEPS
ture at the request of Governor Me- to contribute -to increased aid for
Chicago . Cord, enacted a two per cent sales local education, debt service on veter-
An increaing number of state, and use -tax to go into ans' bonus bonds, increases in state. New York
effect June 1. emploes' salaries and general rising liberalize benefits
are acting to curb juvenile delinquen- *Receipts, expected to exceed $20,000,- Proposals to
cey 'by preventive as well as correc- 000 a year, will go to public educa- coats of government. broaden coverage and improve the
tive programs, according to the Ition, state aid to municipalities, pub- Enactment of a two per cent retail administration of workmen's com-
American Public Welfare Association,Slie welfare programs, and institution- sales and use tax was recommended pensation insurance laws are beinj
Commissions studying juvenile de- al construction. by the Minesota Resources Commis- widely pressed in current state legi
linquency will report to legislatures Others Considering It sion, although Governor Youngdahl lative sessions throughout the coun-
in New Jersey, Michigan, and Mas- is on record in opposition to such a try, a survey discloses, in continua-
At least 12 other states are con- measure. Sentiment favoring a Min- tion of a trend which has progressed
sachusetts this year and in Mississippi sidering new sales taxes, while in- rapidly in recent years.
In t948. Legislation recommended creases in existing state sales taxes nesota sales tax was recently report-
'by these research groups is expected have been proposed in seven states. A ed as growing in the state's small Legislation pending in New Hamp-
to emphasize need for correcting en- sales tax for the District of Columbia towns and agricultural areas. shire, to carry out recommendation
vironmental defects which cause is being studied. There is little pros- Possibility in Massachusetts of an interim study commission, would
broaden workmen's compensation
Youngsters to go astray as well as pect of repeal of any of the present Gov. Robert F. Bradford of Mas- coverage to include all employers o1
broadening court and institutional sales taxes and sales tax reduction sachusetts bas suggested the possibil-
three or more persons, instead of
programs. proposals, raised in a few states, face ity of a two or three per cent sales five or more, on a mandatory rather
New Program in Georgia tough sledding. Several states are tax to offset a potential deficit facing than elective basis. Employers of
considering new use taxes, already the state and its municipalities*
Other states recently put such pro- adopted by 18 states to prevent sales A sales tax also ha been proposed farm and domestic labor and employ-
ers of less than three persons would
grams into effect. Indicating the tax evasion through out-of-state pur- in Pennsylvania, but Gov. James H. be exempt from compulsory
coverage
trend, a new "friends of the court" chases. Duff has indicated he will make every but could elect to come under the act
plan is being started in Georgia. A A sales tax, exempting food and effort to avoid such a levy. The state's on a voluntary basis.
friend of the court is a special officer children's clothing, was suggested to revenue problems are being studied
appointed at the county level to en- Opnnectieut's legislature by G6v. by a joint legislative committee, with Election First
force -orders for support of children James L. McConaughty as one of selected sales taxes, such as an in. The New -Hampshire legislation al-
In divorce actions and to investigate several means of balancing the state creased cigarette tax, seen as a pos. s would liberalize benefits; include
'other legal circumstances affecting budget. Unofficial estimates were sible alternative to a general sales prevalent occupational diseases; es-
the welfare of children. that such a levy at a one per cent levy or a state income tax. tablish a "second injury" funl and
New Jersey, meanwhile, is estab- rate would yield $20,000,000 in the Enactment of. a geneAl two per create an Industrial Accident Commis-
lishing a central state diagnostic cen- next biennium. A sales tax pattern- cent sales tax or a combination of alon to administer the act. It is
ter, scientifically equipped and staffed ed after that now effective in Ohio, selected sales taxes on so-called "lux- further proposed that within 15 days
with specialists in medicine, psycholo- now levied at three per cent on gen- ury" products also has been proposed after passage of the act, or within 15
gy, and psychiatry. The National eral sales, had earlier been suggested in Maryland as a means of raising days of employment, an employe must
Probation Association reports that by the Connecticut Chamber of Com- revenue for aid to municipalities, file with his employer and the pro-
the services of the unit will be avail- merce, if new revenues were deemed school purposes and other needs. posed commission a declaration that
able to the courts and government necessary to continue current state New York he doesn't wish to come under terms
Measure
agencies "prior to the final disposi- services. of the act, if such is his desire.
tion of any case." Those admitted A bill calling for a two per cent Present New Hampshire law per-
2may remain at the center for obser- Sales or Income Tax saes tax, exempting food and medi-
mits
vation and guidance not longer than In Maine, the State Legislative Re- cines, was inmroduced in the New an employe to elect after an ae-
90 days. A similar center was 5eated York State legislature to raise reve- cident whether to accept compenaa-
In California last year. nue -for Allocation to upstate munici- tion under the act or to bring a com-
mon law action against his employer.
Interference With paities, hut was given slim chance of
Classes for Delinquents Vermont's legislature was urged by
Delivery of Goods passage. New York City, which al-
ready Goy. E-rnest W. Gibson to increase
New York recently began special Would Be has its own local sales tax,
clases tot delinquent children 'to
Banned would be exempted :from the bill. the amount and duration of payments
of workmen's compensation benefits;
help guide them toward better ad- Future consideration by the New
Indianapolis, Ind. Hampshire legislature of a general enact a "second injury" fund law,
iustments. Local school districts are A bill introduced in the Indiana and study the need of covering occu-
being given state funds to finance Legislature by sales tax and a graduated income tax, pationl diseases.
Rep. William Hostett- with Possible action meanwhile He also recom-
these classes. In Georgia, the Atlanta ler of Bloomfield on a mended that the law be extended
would outlaw inter- "'luxury" tax, was recommended in to
hoard of education has been author- ference with transport
or delivery
a cover employers Of
ized to establish detention and in- of report by a state legislative interim three or more
sny commodity. commission, on state finances. persons; that death benefits be in-
struction schools for the mentally do't
fective, delinquent,. and neglected
The measure would amend a 1933 1Ppsals for both increases; and creased; that permnanent Partial dis-
act which prohibits interference with reduction of California's sales ability Payments be Increased; that
children. Assignments will be made tax
transportation of agricultural or have been made. Gov. Earl Warren when a worker is t 6 tally disabled for
by the juvenile court judge with con- a Period of four weeks, he receives
dairy products and extend it to in- is backing legislation to continue
sent of the superintendent of schools clude in
and if possible of parents. "any product, commodity or ar- force for another Year -the reduced compensation beginning with the first
ticle of trade or ocmniarce.ps rates of -the sales tax and other gen- day of disability, and that an illegally
-Two states during the past year Violation would be punishable byL eral fund levies which were cut, at employed child not only be covered
raised age limits at which young of- a fine not to expeed $1,000 and im- his request, in 1943 and again by workmen's compensation but in
held the event of injury, receives
tenders may be treated as juvenile prisonment for a period of not less down in 1945. double
delinquents rather than adults. than one year nor more than five. benefits.
(Continued on Page Seven)
(Continued on Page Seven)
a AMERICAN I.AW AND LAWYERS
6 AMEICNlLWlND AWER

Admissions Tax Award Against Union for Violation of Its

Contract by Individual Members is Hailed
Making the Recoid
IsViewed with New York.
In what was hailed by Joseph M.
Adelizzi, managing director of the
Hugh E. Sheridan, impartial chair-
man finder the 1946 contract between
the employer' 'association and the (This is the fifth of -a series .of

Favor by Cities Motor Carrier Association of New

York, as "a milestone" in establish-
ing the responsibility of unions for
union.
The walkout that led -to Sheridan's
award was directed against the Motor
articles reprinted by permission from
the copyrighted booklet "Making the
Record" published by the National
contract violations growing out of the Haulage Corp., one of the city's larg- Shorthand Reporters Association).
One Way to Levy upon Non- collective acts of their members, an eat truck operators. Both sides ad-
Residents Who Otherwise The legal participants in the trial
arbitrator imposed a fine of $4,161 mitted it was in violation of a no- of an action should never lose sight.
Make No Tax Contribution on Local 807, International Brother- strike clause in-the master agreement of the fact that their utterances are
hood of Teamsters, because of a two- between the association and the union
OTHER SOURCES EXPLORED day outlaw strike last April by 300
vidua emoers tsoclivtion and the
and that it resulted from a dispute
being recorded. Early training in
this respect is invaluable, for habits.
New York. drivers belonging to the union. between the union members and their ingrained at the outset will usually
Municipal taxes on admissions to Rejecting the union's contention officers over application o the senior- persist, often subconsciously.
theaters and other places of amuse- that it should be free of financial lie- ity clause in the contract. Consciousness of the record and
ment are being increasingly consider- bility because it did not sanction the Contending it had done everything its importance will impel clarity of
ed by cities searching for new sourc- walkout and had attempted to get in its power to end the strike, the
es of nonproperty tax revenue, with the men back to work, the decision as- union argued it should not be held thought and speech, and thereby pro-
sessing the fines was handed domn by accountable for refusal of its indi- mote accuracy and readability in the
advocates contending that they reach transcript.
many nonresidents who otherwise
would make no contribution to city union's instructions. Observance of the old adage of
costs. ing Miami, Wheeling, W. Va., Abbey- Although agreeing it would be un- thinking before speaking will slacken
Largest city to put such a new tax ville, Ala., and Marshall, Mo. Such reasonable to hold a union responsi- speed to the point where words will
in operation during the past year -a measure was pending at this writ- ble for "all the personal, unrelated be used correctly, false starts avoid-
was PhiladelphiA, with a 10 per cent ing in Baltimore. Local -cigarette and unauthorized aets of its individ- ed, and no one will remain in doubt
levy on admission tickets. Munici- taxes are also effeetive in some 26 ual members," Sheridan held that this. of the meaning or intent of the lan-
palities adopting such measures more other cities in Alabama, Colorado, exemption did not apply to. a case guage used.
recently include Petersburg, 'Va., Florida and 'Missouri, such as the Motor Haulage strike, in- Awareness of the record will also
with a 10 per cent levy; Bakersfield, Minnesota municipalities have urg- volving the concerted refusal of more result in the elimination of duplica-
Calif., with a tax of one cent on ad- ed the enactment of a state cigarette than 300 men over a two-day period tion of statement and repetition of
missions in excess of 15 cents; and tax of two cents a pack, with its re- to carry out their contract obligs- questions previously put. This will
Bay Minette, Ala., five per cent on ceipts to be allocated to municipali- tions. effect a more -orderly and logical pre-
motion picture theater admissions. ties and counties according to popu- sentation of evidence or argument,
Similar Proposals Pending lation. 'Similar proposals have been
A 10 per cent amusements tax was advanced in California and Maryland.
Veterans to Receive with consequent reduction in cost of
transcript, hence cost of litigation.
at this writing pending in Richmond, Florida municipalities want the yield Consideration Under
with shilar proposal raised recently of that state's 4-cent cigarette tax Eviction Measure
in Chicago, Tulsa, Baltimore, Atlan- returned to the cities where collect- vorced men who have a child below
tic City and other municipalities in ed. Iowa municipalities have sug- St. Paul, Minn. the age of 17. Courts given juris-
various'parts of the country. gested the enactment of state legisla- A bill providing for a moratorium diction and to which the divorced
Enactment of a 'state admissions tion authorizing the imposition of on evictions until April 15, with the man would have to apply for per-
tax in Minnesota, to be levied if and local cigarette levies. Atlantic City's exception of homes owned by World mission to marry again would be the
when the federal amusements tax is- proposed "luxury" tax program, War II veterans who wish to move court which granted his divorce or
reduced or repealed, has been pro- which may be submitted to the New into them, was given final passage a court of record in the county in
posed as one of several means of Jersey legislature, would include re- by the Minnesota Legislature. which his former wife resided if she
enabling the state to distribute ad- vival Of a local cigarette tax. Under an amendment to the bill, was a resident of Wisconsin.
ditional financial aid to municipali- Liquor Is Target one World War II veteran cannot Rdmarriage permission would be
ties. Alcoholic beverages will be a major evict another if hardship would re-
granted only if, in the court's dis-
The Arkansas legislature will be target in the drive by municipalities suit cretion, the applicant had furnished
asked by the State Municipal League for new revenue sources. Minne- Another amendment requires ten- proof that he has abided by his di-
to enact legislation authorizing cit- sota's legislature will be asked to in- ants to pay up back rent to qualify voree 'decree or the order for support
ies to levy a 20 per cent amusement crease the state liquor tax from $1 to for protection from evicton. of his former wife and minor chil-
tax, similar to that now collected by $2 a gallon as part of a program to dren and that he would be able to
the federal government. The 'pro- provide increased state aid to mu- Bill to Curb Remarriage support two families on his income.
posal anticipates removal of the fed- nicipalities. A California proposal Of Certain Divorced Men The bill would require the applicant
eral levy. Authority for imposition wants all state liquor license fees re- Madison, Wise. to give his former wife 20 days'
of local admissions taxes also may turned to cities and counties. A bill to place drastic curbs on the notice of his intention to remarry.
be asked in Iowa and several other Florida and Utah municipalities remarriage of divorced men who have
states. Under the measure, divorce coun-
want a share of state liquor taxes. minor children has been introduced
Taxes on Hotel Rooms The Arkansas legislature will be in the Wisonsin Legislature by sels under the court jurisdiction
Providence, R. I., and'New York asked to permit cities to levy n would be given the responsibility to
City during the past year adopted extra tax of one cent on a bottle of Croase Rublcan. hold hearings and conduct investi-
five per cent taxes on hotel room beer and five cents on a fifth of gations to gather information on the
charges to transients. Similar meas- liquor. Divorced men who have minor applicant's annual earnings, reports
ures were considered but not adopted Business license taxes, one of the children would be forced by the ses- from his employers for the previous
in several other cities, including Bal- major sources of nonproperty reve- sure to secure court permission be- five years, and any records of non-
timore, Philadelphia and Miami. nues for municipalities, recently have fore they could remarry. The bill support.
Hotel accommodations would be in- been increased or broadened in many would have the effect of preventing The bill provides for fines of $50
cluded in a new "luxury" sales tax cities. In some instances such taxes remarriage of divorced men who have to $200 and. 90-day jail sentences for
program contemplated by Atlantic are based on gross receipts, thus to recdrds of nonsupport or whose in- attempts to avoid the requirements
City. Miami enacted a 25-cent per some extent assuming the complexion comes could not support -two families. of the measure by divorced men and
head night club tax, but that meas- of sales taxes. Salt Lake -City ns Describing hip bill as answering a fines of $100 to $1,000 for officials
ure was recently invalidated by a one of the most recent cities to adopt need for controlling "repeat" mar- who attempt to avoid the bill's pro-
court ruling. such a levy, imposing a tax of one- riages by irresponsible fathers, 'Schla- visions.
Cigarette taxes were recently in- fifth of one per cent on the gross bach cited his experience as an attor- The measure also would make step-
creased one cent a pack in Denver, receipts of business establishments ney in divorce work as basis for hiF fathers responsible for the support
and were enacted during the past sclling tangible personal property at knowledge of such a need. of stepchildren who are under 18
year by several other cities, includ- retail in the city. The bill would apply to all di- years of age.
 AMEOCAN LAW AND LAWYERS

Law Imposing License Taxes on Oleomargarine Legislative Trends Compensation Laws

(Continued from Page Five) (Continued from Page Five)
Invalidated by Pennsylvania Supreme Court Hopes for reduction of Ohio's sales Governor behind Bilbo
I tax have been dimmed by strong With the backing of Gov. Walter
Philadelphia, Pa.
pressure for continuation of the rate W. Bacon, eight bills were introduced
Pennsylvania's Supreme Court has Knows-Her Webster!
per cent with a larger allo- in the Delaware legislature to amend
invalidated the state's 45-year-old Los Angeles. at three
-oleomargarine license law as "arbi- Attorney Betty B. Gillette recently cation to local political subdivisions. workmen's compensation laws, includ-
ing one revising total disability pro-
trary, unreasonable, unconstitutional upheld the honor of the feminine side visions to provide that compensation
and void." of the Bar when, as a contestant on Restrictions on Labor be paid for life, or until the end of
Written by Chief Justice George the "Noah Webster Says" radio pro- Unions Subject of total disability.
W. Maxey, the Supreme Court opin- gram, she won $50.00 for correctly A bill to increase maximum weekly
'ion entirely upheld the Dauphin defining the following words:
North Dakota Bill workmen's compensation benefit pay-
County Common Pleas Court which titillating Bismarck, N. D. ments from $15 to $18 and to pro-
-earlier 'had ruled that the fees pre- fulvous Stringent curbs would be placed vide compensatory payments for Min-
scribed by the act of 1901 were con- braggadocio upon labor unions under a bill in- or survivors was introduced in the
itseatory, operpted in restraint of gastronomic troduced in the North Dakota Legis- South Dakota legislature by Rep. C.
normal trade aiid exceeded all reas- albescent lature under sponsorship of the A. Polley, who also proposed an oc-
enable use of police power. Betty says she can state without Associated Industries of North Da- cupational disease law. In his in-
braggadocio that it gives one a titil- kota. The bill would: augural address to the South Dakota
Unsuccessfully defended by the lating sensation amounting almost to Permit -bargaining agents to ne- legislature, Gov. George T. Michel-
state as "a tax" on oleomargarine gastronomic pleasure to view a ful- gotiate only on rates of pay, hours son suggested that workmen's com-
dealers, the license fees declared void vous sunset against an albescent land- and working conditions. pensation benefits be liberalized.
were $500 for wholesalers and $100 scape. Prohibit picketing unless more Introduced in the Utah legislature
for retailers of such butter substi- than 50 per cent of the employes was a bill to extend payment of bene-
tutes. in one estAblishment voted in favor fits to permanently disabled persons
Pointing out that "it was undis-
Legalizing of Divorce of a strike. A small union represent- until their deaths instead of the pres-
puted in this case that oleomargarine in South Carolina ing only a fraction of the employes ent six years. Offered by Rep. Frank
is a wholesome and nutritious prod- Is to Be Proposed of a plant could strike but not picket. Bonacci, the bill provides that after
uct," Justice Maxey asserted that the Prohibit picketing by persons other six years' payment of 60 per cent of
scale of license fees "are utterly 'dis- Columbia, S. C. than employes of the business against their former salary, permanently dis-
proportionate" to the sum required Repeal of South Carolina's state which a strike is being conducted. abled persons be granted 45 per
to enforce the licensing act. constitutional ban on divorce will be Provide that appointment of a bar. cent of -their former salary for life,
sought during the 1947 session of the gaining agent must be approved by under a maximum limit of $22.50 per
As to argument in the ease con- South Carolina Legislature, according over 50 per cent of the employes. week.
cerning the age of the statute and to announcement by Representatives Provide that both strike votes and
the long acceptance of the fees until ,John Gregg McMaster and Zach Mc- votes for a bargaining agent must be Wants 'Adequate' Provision
five dealers last year challenged the Gee of Richland County, who said by secret ballot in elections super- In California, Gov. Earl Warren
law's validity, Justice Maxey said they would sponsor such a proposal. vised by a representative of the em- called for "adequate provision" for
that "'old age' cannot give life, and "We think this matter is primarily ployer, one of the employes and a the victim of industrial accidents and
when the issue -of the statute's con- a social problem," the legislators said third person appointed by the other studies of the state's workmen's com-
stitutionality is properly raised, it in' a joint statement, "and we believe two. pensation insurance act with a view
must be declared void." the people of South Carolina should Outlaw secondary boycotts and to "restoring California to her former
sympathy strikes. Such action could enlightened place among the states
The state had argued that even have the opportunity to say whether become the basis for damage suits. in this program which so vitally
they wish to retain the prohibition
though margarine fees now produce
against divorce which was written in Require unions to file with the affects our working people."
more than is required to enforce the
to the constitution of 1895. secretary of state the names of all Workmen disabled by occupational
act, in 1901 "all 'the funds raised
"The situation is now such that di- officers, their salaries, the scale of diseases would be eligible for work-
might have been required to protect
dues, initiation fees, fines and assess- men's compensation, as well as those
the public against fraud and decep- vorce is not actually prohibited be- ments to be
cause South Carolinians will go to any charged to the union injured in accidents, under a bill in-
tion."
lengths to get divorces elsewhere; the members. troduced in the Texas legislature by
Justice Maxey ruled, however, that state constitutional prohibition against Make contracts between employers Senator T. C. Chadwick.
the dealers "proved that from 1981 divorce only stops a South Carolinian and union equally binding and en- Enactment of increased benefits
to 1945 the amount collected for from getting a divorce here." forceable by either party by an action for workers and other amendments
licenses to sell oleomargarine was Because the state does not permit commenced in district court. to the Wisconsin workmen's compen-
so far in excess of the amount re- divorces, the solons said, there is "a Make picketing in violation of the sation act have been proposed by a
quired to enforce the regulations as serious question as to the status of proposed act subject to court injune- committee of the Wisconsin Manu-
to ilnpose an unwarranted restriction children of parents who obtained di- tion. facturers' Association.
upon a lawful business. I vorces outside the state."
Landlords Absolved Would Increase Salaries
SUBSCRIPTION BLANK from Charges of Concord, N. H.
Marriage
Marrige RestrictionsA bill to increase salaries of jus-
--.-.........
..-.. -....... .,194 . R stricions tices of State Superior and Supreme
(13.75 if check accompanies order) Boston. Courts was introduced in the New
American Law and Lawyers, A 'bill under which landlords 1would Hampshire Legislature by Leonard
534 Sycamore Street, be barred from insisting that couples G. Velishka of Nashua.
remain childless while tenants was
Cincinnati 2, Ohio. defeated by the Massachusetts House not an imaginary danger, and I say
of Representatives after it had also that the government should use its
Gentlemen: voted down a number of amendments, power to protect the family and en-
Please enter my name for a three months' trial subscrip- including one which would prohibit courage its growth."
tion and bill me for one dollar. landlords from requiring married Leading the opposition, Rep. J.
couples to use twin beds. Phillip Howard, of Westminster, called
Rep. William X. Wall of Lawrence, the bill "an old tear-jerker, but an
who sponsored the measure, said: "I old chestnut." Pointing out that the
know a veteran who was ordered from Judiciary committee had heard no
his apartment because his wife had a testimony of tenants who had been
baby. Landlords exercising this power evicted for having children, he said:
[] Send paper for a year at $4.00 have a greater power than that of "To support this bill requires either
itself. Race suicide is atovernment
'big heart or a soft head."
8 AMERICAN LAW AND LAWYERS
Says Industry
Should Extend
Help to Labor
Can Never Reach Solution
of Problem until Employer
Ideas 'Softened,' Expert Says
STUDY IS HELD ESSENTIAL
Los Angeles.
A "softer approach" by manage-
ment in its current difficulties with
labor unions was advocated by Law-
rence A. Peifer, secretary-treasurer
of the Southern California Employers
Council, Inc., in an address biefore
the Lawyers Club here.
"I speak with authority for several
business orgahizations here in town,"
said Peifer, who is also labor relations
consultant for the Food Industrial
Employers Labor Relations Council,
Inc. "They feel that labor unions
are good, and not just something to
be endured-that unions have made
important contributions to our' eco-
nomic welfare.
Must Have Change of Heart
"We will not be well on the way to
a solution of management-labor prob-
lems until at least 50 per cent of man-
agement comes to the same conclus-
ion and sets out to help improve
labor organiations."
Taking management's side of the
problem under title of "Management
Looks at Labor," Peifer held it was
"the essence of common sense and
fairness to study the labor move-
inent," historically, beginning with the
first strikein 1786, before attempting
a solution.
Must Study Movement
"I don't think an employer, or man-
agement, or anybody else can pass on
the merits of the problem without
studying the labor movement," he
emphasized.
"It is not necessary to defend any
and all of the present activities of
labor unions to give them credit for
past accomplishments," he asserted.
"When you improve the standards of
living of the worker, you improve the
standard of living of everyone; but
because we understand this is no
reason why we have to countenance
some of labor's activities."
After reciting what he deemed to
be substantial current complaints
against labor unions, Peifer conclud-
ed:
Criticizes Union Status
"As a layman I have always been
amazed that a union, under the law,
occupies the role of the Little Men's
Marching and Chowder Society-that
it is coisidered a social organization.
Nebraska Considers
Record is Made of
Committee Hearing Abolishment of High Want More Power
of Nebraska Solons Political Position
Lincoln, Neb.
For Enforcement
Lincoln, Neb. At the request of Lt. Gov. Robert
of Civil Rights
A recording of a committee hear-
ing was made for the first time in
the history of the Nebraska Legisla-
B. Crosby of Nebraska, a bill to
abolish his office was introduced into
the unicameral legislature.
Government's Authority is
Tied to 'Very Thin Thread'
ture when a measure to permit cer- Crosby said the conclusion -that
tain kinds of trucks to carry heavier of Law, Speaker Maintains
Nebraska would be better off without
loads and travel at higher speeds Washington.
a lieutenant governor "has been
was debated before the Public Works The Federal government must be
forced on me by experience, first as
committee. Speaker of the Legislature in 1948 given stronger statutory authority if
it is to have a consistent and vigor.
Appearing with the recording and now as incumbent Lieutenant
ous program for the protection of the
equipment, Paul Halpine, general Governor.
rights of all, T. Lamar Caudle, As-
manager of the Nebraska Motor Car- Twelve states now have no lieuten-
riers Aseociation, asked the commit- sistant Attorney General, told mem-
ant governor. Since Nebraska adopt- bers of the National Lawyers' Guild
tee if it would permit a recording. ed the Unicameral Legislature, the
attending a recent conference at
Senator, G. Petrus Peterson of Lin- office has become increasingly useless,
Howard University.
coln, chairman of the committee, said he said.
The Justice Department's author-
that so far as he knew it never had The lieutenant governor, said Mr.
ity to protect civil rights rests on a
been done. He inquired why the re- Crosby, has just two functions now:
cording was, desired. "very thin thread of law," Mr.
"A parliamentarian when the Leg-
Caudle declared.
Halpine replied that 'in the past islature is in session, and a spare tire
Charles H. Houston, chairman of
"certain remarks have been made for the possibility that the office of
the National Legal Committee, Na-
about motor carrier legislation by governor becomes vacant."
tional Association for the Advance-
representatives of other forms of ment of Colored People, following
transportation" and that his associa- Wants State Rent Law Mr. Candle, agreed that present law
tion wanted a complete record if any Montpelier, Vt. is inadequate, but stated the Justice
such remarks were made. Enactment of a state rent control Department had failed to use the law
act, "of which we can avail ourselves it does have.
if and when the situation requires it," He declared the department had
was recommended by Gov. Ernest W.
Four Laws Looking Gibson in his inaugural address to
adopted a policy of "taking the easy
to Highway Safety way out."
the Vermont Legislature. The conference adopted resolutions
Urged in New York Governor Gibson also called for
"an immediate and careful survey of
approving a proposed anti-lynch law
"with teeth in it" and amendments
Albany, N. Y. the housing problem of this state, par- intended to strengthen the United
Billsrequiring physical check-ups ticularly as it affects veterans." States Criminal Code against persons
every three years of applicants for who interfere with citizens exercis-
drivers' licenses, addiiion of night-
driving tests to the regular examina-
Integration of ing civil rights.
tion for licenses, liability insurance Rhode Island impressed by the enthusiasm for the
for all car owners and semi-annual in- Bar Delayed integrated bar in those states which
spection of cars at state-approved ga- have it," his report read, "the com-
rages are proposed in a series of bills Providence, R. I. mittee is of the opinion that this is
prepared for introduction by New Rhode Island's Biar Association will not the opportune time to submit
York State Senator Thomas C. Des- take no action for the present on the the proposal either to the bar for the
mond, Newburgh. question of bar integration. expression of opinion or to the Su-
At a meeting here the association preme Court.
The physical check-up bill and the
compulsory inspection measure have unanimously deferred the issue for "Most of the members of the com-
been proposed at previous sessions of further unhurried study. mittee feel that there is a great deal
the Legislature. The insurance pro- A 25-member committee which has to be said in favor of integration
posal is meant to supplant the pre- been studying the question since and particularly that certain benefits
sent law that requires insurance only Oetober, 1945, submitted a report to the bar have followed, but there
after a motorist has been involved in in which they recommended no im- is also a strong feeling that these
an accident. mediate action, but only further benefits can be accomplished through
Senator Desmond pointed to a 85 study by a smaller committee of five our present voluntary association
per cent increase in the number of which would "from time to time en- which has approximately 550 mem-
motor vehicle accidents in 1946 and gage speakers or otherwise call to bers and a percentage of the total
to the fact that most of the cars that the attention of members ... recent members of the bar which is equalled
will be on the road during 1947 will developments in integration . . " in few if any other states."
be prewar models. Quickly, and without 'debate, the Taft stated that whereas at the
recommendation was adopted. outset of the study he was inclined
James L. Taft, chairman of the to favor the idea of an integrated
"We are not going to make a committee which had been studying bar, he now feels that it is not needed
sound approach to the problem until the subject for more than a year in Rhode Island. He revealed that
that is elbared up. Unions should be disclosed that the committee had ad- the Massachusetts Supreme Court
established as something separate and dressed letters to the chief justices is to hear arguments next April 14
distinct from what we already have. and the attorney general of each of on a petition in which the Messachu-
But they should not be governed by the 28 states having an integrated setts Bar Association has asked it
the same rules as corporations. They bar, and had received replies from to decide the advisability of estab-
should have a legal ptatus peculiar to most of them. lishing an organized self-governing
themselves." "While the committee has been bar in the Bay State.