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AMERICAN LAW AND
Established 1939
Vol. 9
Blight Falling
on Institution
of Inheritance
Question Now If It Is to
Be Allowed to Survive at
All, Trust Officer Asserts
SEEKS TO REVERSE TRENDS
New York.
"An almost obliterating shadow
upon the institution of inheritance"
is being cast by current inheritance
tax rates, which may amount to as
much as 77 per cent for estates in
the higher brackets, Evans Woollen
Jr., president of the Trust Division of
the American Bankers Association,
told the group's midwinter confer-
ence here.
Woollen, who is also president of
the Fletcher Trust Co., Indianapolis,
declared that the question "of to
what extent, if -at all, the institution
of inheritance should be allowed to
survive must always be a, confused
and confusing one."
Trust Men Concerned
"I believe that the conservation of
properties for families is an import-
ant concern to the trust man," he
said. "He is concerned whether his
capgoity be that of. administrator,
executor, or trustee; whether the pro-
cess of conservation for the family be
by inheritance under the statute, by
bequest, or by use of a trust. All of
these processes of family conserva-
tion suffer from the crippling effect
of taxation; and for the purpose of
discussion, all may be grouped under
the loosely employed term inheri-
tance."
Woollen said an argument for taxa-
tion on inheritance is that it may
limit excessive personal power in so-
ciety. He also note5 the argument
for a so-called fairer distribution of
wealth, which, he said, "seems to be
based upon the unwarranted assump-
tion that the total wealth is a static
pool." The fact is, he added, that
the total wealth is indefinitely ex-
pansible and it is enlarged by the
action of management and labor upon
capital resources so that "it cannot
be assumed that the wealth available
for redistribution would have been
(Continued on Page Four)
I
LAWYERS
Cincinnati, Ohio, February 18, 1947. No. 7
Legal Publication
Commended for
Ohio Bar President
Pledges Lawyers to Wants Public
Nuernberg Record Protect the Profession
Philadelphia. Akron, 0.
Given Aid in
Current issue of the Temple Law
Quarterly contains a special foreword
by Supreme Court Justice Jackson
Every member of the legal profes-
sion is "the unbounded trustee of
1,000 trusts," according to Howard
Saving Rights
commending that periodical upon Guthery, Marion, president of the
completion of its publication of the Ohio State Bar Association.
Would Advise People to Get .
important documents in connection Counsel before Making Any
with the Nuernberg war crimes trial. Mr. Guthery told the Akron Bar Statements, Commitments
association that the profession is
As a project believed to be un- justified by two attributes: One, its
precedented in the history of law service to the publie, and two, its ASK JUDGES' CO-OPERATION
school publications, the quarterly has integrity.
now published the agreement and Des Moines, Ia.
charter for establishment of the tri- He said the profession generally Drafting of a recommendation to
bunal, the indictments, reports, state- holds "the respect of the body poli- all judges, magistrates and law en-
ment and comment by Mr. Justic Jack- tic," and warned its members, in the forcement officials in the county
son as chief of United States counsel courts as well as private practice, to against permitting persons from mak-
in the prosecution, commentaries by guard against circumstances that ing commitments affecting their
William J. Conlen and Walter Lipp- might break down that respect. The rights, without first having the pro-
man (all in the January 1946 issue); community's respect for the profes- tection of legal advice, has been au-
an article "The Law Under Which sion, he said, "depends on your wis- thorized by the Buena Vista County
Nazi Organizations Are Accused of dom, counsel and judgment." Bar Association.
Being Criminal," by Mr. Jackson The speaker was introduced by Mu- A committee composed of Charles
(April 1946 issue); closing arguments nicipal Judge Thomas M. Powers, E. Pendleton, chairman; Z. Z. White
for the prosecution (July 1946 issue); member of the State Bar's executive and W. B. Perry has been appointed
and, in the current issue, the judg- committee, after opening remarks by to draft the recommendations.
ment of the tribunal, including the William M. Giffen, president of the
dissent of the Soviet member as to Akron Bar. What Recommendations Cover
certain portions -of the judgment, and The recommendations, to be deliv-
Mr. Justice Je.ckson's final report to ered to all judges, magistrates, pub-
President Truman. lic officials and law enforcement offi-
Tax Savings for Vets
The current issue also contains an cers in the county would protect the
Hartford, Conn.
index to all of the items previously public in such matters as:
Gov. James L. McConaughty recom- Taking of pleas, commitments,
published. All of the items mentioned
have been published in complete text. mended in his inaugural address here coroner's findings and inquest jury
the adoption of "a veterans rental verdicts, criminal cases, insane pro-
This project of the quarterly has
housing program whereby the state ceedings, determination of suicide, or
attracted wide and favorable atten-
assumes the payment of local taxes any other charges or conditions affect-
tion among international lawyers and
the Bar generally by reason of mak- on such new housing, up to five years, ing their rights and liberties.
ing so readily available.the complete provided that the tax savings revert
Would Have Attorney
documentary history of this outstand- to the veteran-tenant in the form of
ing landmark in the jurisprudence of a reduction in the amount of monthly That no action be taken in such
humanity. rent." proceedings until the interests of the
............ ....... ,,,,f,
.......... . . . N ,........
. .*Sf.
.I!........ ............
individual or his dependents are re-
presented by a qualified attorney of
LEADING NEWS ARTICLES-- their own selection, or one appointed
by the court, or other officials quali-
Four Proposals in State-Local Relations 2 fied to make such appointment.
Bar to Curb Solicitation of Negligence Cases ---------- 2 The draft of the recommendations
Security Needed for Autoists 3 will be submitted for final approval
World Bar Representatives Form New Organization 3 at the next meeting of the County
Bard PlaniBenefits Big Taxpayers -------------------------- 4 Bar Association, and if sanctioned will
State Agency Asked as Aid to Trade 5 be promulgated to the designated
Measure to Bar Strikes by Utility Workers 5 officials.
Tax Free Land Investigation ------------------------------ 6
Stiingent Fire Laws Seen Probable __ 7
Veterans Comprise 93 Per Cent Harvard Law Students 8
Would Ban Checkoff
EDITORIALS AND FEATURES- Columbia, S. C.
Legislative Trends in the States -------------------------- 5 A bill to outlaw the checkoff system
Letters to the Editor ---------
has been introduced in the South
___----------------- 4
Carolina Legislature by Senator E.
fiNN . W. Cantwell of Williamsburg.
2 AMERICAN LAW AND LAWYERS
Four Proposals
in State-Local
Relations Made
Greater Home Rule Powers
Urged with Streamlining of
City-County Governments
COMPARE GROWTH OF UNITS
Chicago.
A four-point program for reorgan-
izing relations between states and
local units of government is suggest-
ed in a report just published by a
committee -of the Council of State
Governments.
With the twin objectives of
strengthening local units of govern-
inent and improving state supervision
of local affairs so that state-wide
governmental activities can be carried
out on a high level of performance at
all local units, the report of the
Council committee on state-local re-
lations suggests that states (1) grant
greater powers to local units; (2)
subject these powers to flexible states
administrative supervision; (3)
strengthen local revenue systems; and
(4) streamline local government
through consolidation.
Present Trend to Continue
The committee describes the world-
wide trend toward broader and more
complex governmental activity and
predicts this trend will continue.
One index of governmental growth
cited is the rise in expenditures.
From 1903 to 1940 expenditures of
local government mounted 522 per
cent. In the same period, state ex-
penditures jumped 1700 per cent
from $200 million to $3.6 billion.
One of the chief reasons for the
boost in expenditures is the increas-
ing number of functions assumed and
services rendered by states and locali-
ties. One major city for example,
carried on 24 activities in 1824. By
1942, this number had grown 1,500
per cent to 396 activities.
New Activities Named
Among the 247 new activities add-
ed by this municipality from.1900 to
1940 are serving of school lunches;
smoke inspection and abatement; es-
tablishment and maintenance of an
aquarium, a conservatory, a fine arts
library, playgrounds, tuberculosis
clinic, a police training school, high
school evening classes, technical higt
school education, a city college and
junior college, a clinic and school
for epileptic children, a. pre-natal
nuring program, an ambulance ser-
vice, and a camp for tubercular chil-
dren.
The report notes that other cities
have experienced similar growth and
that counties too haxe maintained as
important role in most states. Mid.
west townships, however, stand as the
Great Increase
in Work of
Legal Aid Society
New York.
Need for the extension of the bene-
fit of legal counsel to an increased
number of persons who lack funds to
hire counsel was stressed by Gov.
Thomas E. Dewey in giving his en-
dorsement to the campaign of the
Legal Aid Society of New York for
$200,000 to. meet such needs here.
In presenting his own contribution speaker and Senate president from
to William B. Given Jr., chairman of $12 to $17 a day.
the -campaign, Dewey noted the in-
creased demands -on this philanthropic
organization that has completed 70
years of service here.
"Ten years ago, during the year
1937," Dewey said, "more than 26,-
000 people received free advice and
representation in civil cases alone.
Today that total has arisen to more
than 41,000. If our system -of jus-
tice under law is to reach its fullest
flower, the Legal Aid Society must
be supported so that there shall be
justice for every person whether or
not he -has the funds to hire counsel."
Given, who also is president of the
American Brake Shoe Co., said that
a 96 per cent increase in the number
of cases handled by -the society in
1946 over that of the preceding year
had necessitated the slight increase
of $30,000 in the goal set in the cam-
paign.
The campaign director further de-
clared that since the public makes
only a fraction of the contribution
toward the $4.88 average cost -of a
single case handled by the society,
more individuals should be made
aware of this public contribution "to
help the poor man" who is entitled
to legal service in court.
"In a city as large as New York
nobody knows where to go for legal
help, if he is not acquainted with
his neighbors," Given said, "whereas
in a small town the practicing attor-
neys are well known to all the resi-
dents."
The society retains a staff of 24
full-time lawyers at the office at 11
Park Place, and in addition has an
additional staff of four who serve for
one or two months at a time, in the
criminal courts building at 100 Cen-
ter St. under the direction of Martin
V. Callagy, a former Justice of the
Domestic Relations Court. Louis
Fabricant is attorney-in-chief at the
society's headquarters. Whitney N.
Seymour is president of the organi-
zation.
single type of local government
whose duties and responsibilities have
generally decreased in recent decades.
Except during war years, the com-
mittee notes that the growth -of state
governments is more rapid and con-
sistent than either the federal gov-
ernment or the local units.
Bar Begins Prosecution to Put Curb on
Soliciting Negligence Cases for Attorneys
Scrap Pay Boost Bill
Helena, Mont.
A proposal to boost the pay of
future state solons in Moitana was
scrapped by the State Legislature.
The Montana House adopted an
adverse committee report to kill the
pay-raise bill, which would have
raised legislators' pay from $10 to
$15 a day, and that of the House
Curb on Strikes in
Essential Industry
Urged by Governor
Jefferson City, Mo.
State legislation to -cunrb strikes in
essential industries and to hold unions
legally responsible for their contrac-
tual obligations was urged by Gov-
ernor Donnelly in his biennial mess.
age to the Missouri Legislature.
"During recent years," he said,
"labor has won many long overdue
rights to which they were entitled.
But all rights carry with them cor-
responding responsibilities and dut-
ies.
"Labor unions should recognize
and live up to these responsibilities,
and should be held legally responsible
for their contractual obligations.
"In addition, I recommend that
legislation be enacted to prevent
labor strikes which affect the lives, Raise for Legislators
health, or safety of the general pub-
lic, or challenge the sovereignty of
state government."
When Jeep Becomes
Truck Determined by state
New Rules in Kentucky
Frankfort, Ky.
Instructions as to when a jeep is to
be registered as a truck and when
it is to be classified as a passenger
car have been sent to county clerks
in Kentucky by the State Revenue
Department.
If all the seats are still in the jeep
and the owner declares it is used pri-
marily as a passenger car, the license
fee is $5.
If all but the driver's set is re-
moved and the jeep is used for com-
mercial hauling or delivery, it is a
"commercial truck" and the fee is
$10.50.
-Of course, some farmers use them
both -as light trucks and as passenger
cars, with only the rear seat removed.
These "farm trucks" must pay the
same $5 required of regular car own-
ers.
A farmer who uses his jeep to pull
his plow or as a substitute tractor on
his farm, doesn't have to pay any
license at all, under state law.
Philadelphia.
The Philadelphia Bar Association's
campaign to curb lawyer-running has
resulted in a prosecution in Central
Police Court.
Howard Kessler, 59, was -held in
$500 bail for court by Magistrate
Thomas Connor.
Alexander Weiland, member of the
Bar association's board of censors,
said the group is determined to halt
ambulance-chasing.
Weiland said Kessler's activities
were investigated and a warrant
sworn out after which Kessler was
arrested by a county detective.
Kessler was arrested under an act
of June 9, 1939, which makes it a
misdemeanor for any person not a
member of the Bar to solicit or pro-
cure through solicitation a retainer
or power of attorney to institute a
suit for damages in which the com-
pensation of the attorney shall de-
pend upon the sum recovered.
Maximum penalty for violation of
the act is $200 fine or not more than
two years in jail.
James A. Bowen, a Negro, said
Kessler visited his home last June the
day after Bowen's daughter was hit
by a car and suffered a broken leg.
According to Bowen, Kessler said
he had a lawyer who would take a
dam-age case for one-third of the
amount received in settlement. Bowen
said he agreed to a power of attor-
ney but never heard anything about
a settlement.
Topeka, Kans.
Higher pay for state lawmakers was
urged by Gov. Frank Carlson in his
message to the Kansas Legislature.
He suggested that the solons who now
receive $3 a day should submit a
constitutional amendment to in-
crease this to $10 a day.
Prediction of Major
Depression in Next
Five Years Is Heard
Washington.
A major depression within the next
five years with the possibility of an
overthrow of the present form of gov-
ernment was predicted for this coun-
try by Robert R. Nathan, economist,
at a luncheon meeting of the District
Junior Bar Association recently.
Fascism, socialism and communism
offer "tough competition" to demon-
racy in the United States because
most Americans "stick their heads in
the sand" instead of attempting to
find a solution to present economic
problems, the speaker declared.
A voluntary decrease in prices on
the part of industry or widespread
wage increases which would be ab-
sorbed by industry and not passed on
in the form of higher prices would
prevent a depression, he said.

More Security
Seen Needed
for Autoists
When Insurer Goes out of
Business Man of 'Financial
Responsibility' Is Victim
CONTRIBUTIONS SUGGESTED
Albany, N. Y.
Establishment of a security fund
to protect automobile - owners and
traffic accident victims from the col-
lapse of casualty insurance companies
is proposed in a bill introduced in the
New York State Legislature to carry
out recommendations by State Insur-
ance Superintendent Robert E. Din-
neen.
Pointing out that 18 automobile
insurance icompanies had gone out of
business between 1931 and 1937, Din-
neen said failures of such companies
produce distressing consequences. In-
Jured persons or their dependents, he
said, must press claims for death and
injury against individuals who are no
longer insured and the policyholder,
in turn, is confronted with claime,
lawsuits, or judgments against which
he has no protection.
Faces Dismal Prospect
"If he has a home or has money
or other resources," Dinneen added,
" they are subject to levy and attach-
ment. If he is less fprtunate in pos-
session -of worldly goods he is faced
with garnishees, installment payments
and other legal procedure.
"The failure of any company writ-
ing automobile insurance tende to im-
pair public confidence in the efficacy
of the financial responsibility law.
Furthermore, it tends to destroy pub-
lic confidence in the institution of
anone Guaansbility
insurance. Certainly the citizen who
obtains financial irresponsibility un-
der a financial responsibility law has
a just grievance."
How Fund Accumulated
The 'propened security fund would
be accumulated out of contributions
by insurers at the rate of two per
cent per annum for three years and
one per cent per annum thereafter
of automobile liability premiums writ-
ten in this state. At the end of the
flirst year it would amount to $1,500,-
000. ~
ance ~ ~
Dinneen said the cost of the ad-
ditional protection to policyholders
would be only nominal and it would'hurt.
be comparatively simple to make pro-
vision for it in the rate structure. The be filed with the state motor vehicle
principle involved, he added, is in line, department, would include evidence
with the policy of the state as ex- i of the driver's or owner's ability to
pressed in the Korkmen's Compensa- Ipay up to $10,000 for bodily injury
tion Security Funds, the Public Motor to one person, up to $20,000 for in-
Vehicle Liability Security Fund (cov- jury to two or more persons in any
ering taxicabs) and the Life Insur- one accident and $1,000 for property
AMERICAN LAW AND LAWYERS a
AMERICAN LAW AND LAWYERS S
Right to Arrest on
Strength of Police
Bar Representatives from All over World
to Gather to Complete New Organization
Request Is Sustained
Washington.
Municipal Court has upheld the
New York.
A meeting of representatives of the f already approved the constitution.
national Bar associations from all The following will represent that as-
right of police to arrest a suspect on
the strength of a teletype message.
Defense Counsel James J. Laughlin
nations of the world will be held in sociation at the meeting:
the building of the Association of the President Carl B. Rix, Milwaukee,
Bar of the City of New York, 42 W. Robert N. Anderson, Washington,
44th St. beginning at 10 a. m., Mon- Frederic M. Miller, Des Moines,
brought out testimony of two detec-
day, February 17, and continuing George Maurice Morris, Washington,
tives of the Metropolitan Police De- through Tuesday, February 18. Amos J. Peaslee, Clarkaboro, N. J.,
partnent that the arrest of Samuel A draft of the constitution sent to William . Ransom, New York City,
J. Hanna, in nearby Berwyn, Md., the national associations last Decem- Charles Ruzicka, Baltimore, Willis
was effected with no warrant. The
ber will be offered for final adoption, Sith Raleigh, N. C., Edgar Trling-
detectives testified they arrested Han- as well as proposed by-laws. ton
na on a fugitive charge on the basis
The inauguration of the representa- lance, Washington.
of a "lookout" received by teletype tives present as the first House of
Names of representatives from
from New Jersey police. The notice Deputies will follow adoption of the other countries will be announced as
said that Hanna was wanted in At-
constitution, with addresses by promi- soon as available by Robert N. Ander-
lantic City for armed robbery. lawyers. son,
Wnentchairman of the Organizing co-
Judge Margold's ruling, upholding
The American Bar Association mittee. Rhas
the right to arrest the suspect on the
basis of the teletype "lookout", was
given after the detectives revealed
arrest warrants were received by lo- Convention to Draw Authority for City
cal authorities later the same day on
which Hanna was removed from
New Constitution in i to Acquire Land
Maryland to the District. The court
Jersey Is Proposed for Parking Urged
had also ruled, at the outset of the
argument, that the testimony regard- Trenton, N. J. Harrisburg, Pa.
ing the Maryland arrest was "imma- New Jersey's first constitutional Philadelphia would be authorized
terial." convention since 1844 will open June to acquire, procure or obtain by pur-
The case was continued to March 12, if the voters authorize it at an chase, lease or condemnation, any
election June 3, as the result of a land, including buildings, as sites for
12 to grant defense time to contest
extradition to New Jersey. bill given final passage by the State city-owned parking lots and public
Legislature and sent to Governor garages to relieve traffic congestion
Driscoll, who had advocated such under a 'bill introduced in the Penn-
Pay Raise -for Judges action.
sylvania Legislature by Represents
Manchester, N. H. The convention, if held, will have tives Charles C. Smith and Frank A.
A "substantial increase" in salaries 81 delegates, selected in the same
Costa, co-chairman of Philadelphia's
of New Hampshire Supreme and Su- ratio as counties are now represented
perior Court jurists was urged in a in the State Legislature, and Republican House delegation.
it will Under the bill, such action could
resolution adopted at the midwinter be restricted from changing
the ter- be taken, "whenever in the judgment
meeting here of the State Bar Asso- ritorial limits of
any of the state's of 'City Council acquisition of such
eiation. 21 counties.
lands may be necessary, desirable or
The convention will be required to useful for the relief or abatement
Automobile Victims complete its deliberations by Sept. of congestion," on streets or high-
12. It may offer an entirely new con- ways.
Would be Insured stitution or could offer various al-
Although the bill is presumably de-
Under Proposed Law ternative proposals. It could also signed to permit Philadelphia to de-
Dover, Del . Iting a revision by sections, permit-
uter the velop underground parking centers,
voters a choice, with the it does not preclude the possibility of
A stringent motorists' financial re-
aponsibility bill has.beenrint
has been introduced derstanding that each Proposed surface parking areas in the mid-city
t sectional revision would tie in with or outlying areas near transit facili-
in the Delaware Legislature by Rep. every other proposal whether it was
Edwin A. Prettyian, Houston. app ties.
The measure would require a The city would have the option of
motorist to show financial responsi- operating the parking lots or garages
bility ranging up to $21,000 once he Kills Limitation Measure itself, or by ordinance could lease
has been convicted of negligence in the facilities for private operation.
an accident wherein the damage is Indianapolis, Id.
$50 or more, or where there is any A bill to curb portal-to-portal pay
bodily injury whatsoever, claims was killed by the Indiana Community Property
Any person, whether convicted of House of Representatives by a vote
negligence or not, would be required of 64 to 27. Idea Is under Study
to show that he is financially able to The measure proposed a limitation Providence, R. 1.
pay any damages done by the opera- of two years on the period a claimant Envisioning a saving to Rhode Is-
i theant
Delawarama
e.Lgsltr by Rep. Chre
tion or ownership -of a vehicle involv- for portal-to-portal ut pay landers of $10,000,oo a year in their
might wait
ed in an accident in which the dam- before filing suit. The present limi- federal income tax payments, Rep.
age exceeds $50 or where someone is tation in Indiana is six years. Leon W. Brower, introduced in the
Rhode Island Legislature a measure
Proof of financial responsibility, to calling for appointment of a legisla-
-x Would tive committee to investigate laws
Pierre, S. D. covering "the institution of commun-
A bill to increase South Dakota's ity property."
sales tax from two to three per cent, Representative Brower pointed out
with two thirds of the tax revenue to that the "community property law,"
be apportioned to public schools, was
makes it possible for a husband and
introduced in the State Legislature wife to declare themselves legal part-
ners and thus secure tax advantages.
4 AMERICAN LAW AND LAWYERS

Big Taxpayers Lawyers Could Not

American Law and Lawyers Would Keep More Solicit Business
Under Bard Plan Under Proposed Law
Published weekly except on the
last Tuesday of the year and on Chicago. Raleigh, N. C. TAX WORK BY LAWYERS
alternate Tuesdays from July 1 to "Congress can reduce the taxes of A bill to -outlaw the solicitation of By James Eddy McCann,
September 30. Forty-four issues the little fellow by any formula it legal business in North Carolina was Of the Philadelphia Bar.
annually. chooses, but if it does not grant some introduced in the State Legislature
relief -to the big taxpayer, the little here by Senator 0. L. Richardson of I noted with interest your article
fellow will have nobody to pay him Union, chairman of the committee "Want Tax Work Left Entirely To.
Office of Publication: Attorneys."
a salary and his relief will be of no on Courts and Judicial Districts, who
534 Sycamore St., Cincinnati 2, 0. I think your article is definitely
benefit to him," F. N. Bard, Chicago said the measure was supported by
ROWLAND SHEPARD, Editor. business man and author of the Bard the North Carolina State Bar. on the right track and much more
Tax Plan, said in a letter to mem- The proposed legislation would au- should be done by lawyers in tax
American Law and Lawyers bers of the Senate Finance commit- thorize the Council of the State Bar work. The bookkeeping work of
welcomes communications on all tee and the House Ways and Means to investigate charges of solicitation. corporations is performed by account-
questions of law and government, committee. Violation of the statute would be a ants, etc., but the legal consequences
the administration of justice, Bar of bookkeeping figures is a lawyer's
"It if the big taxpayer who buys misdemeanor, punishable within the
organization work, professional job.
the machinery and takes all the risk discretion of the court.
welfare and other subjects of in- A similar situation exists in the tax
which results in the salary and in- It would be made unlawful to- so-
terest to lawyers. field. It is all right for accountants
come of the little fellow," Mr. Bard's licit legal business ether to be per-
letter pointed out. formed in the state or elsewhere or to do the bookkeeping work in con-
Subscription Price - $4.00 a Year "There is a vast difference between to solicit a retainer or contract to nection with tax figures, but the legal
Single Copies 10 cents. the income which a man derives from perform such legal services. effect of such figures should definitely
his venture capital, used for the pur- be passed on by lawyers. Practically
Inheritance Tax To implement .this, the bill also
chase of materials 'and the employ- would make it illegal for attorneys every tax question has an underlying
(Continued from Page One.) ment of men, and the income which to divide or receive fees for referr- legal problem involved such as "when
the same in the absence of the insti- a man derives from investments in ing claims, except "in cases or mat- did the contract terminate", or, "is it
tution of inheritance." stocks and bonds," Mr. Bard contin- a partnership", and thousands and
ters legitimately, lawfully and prop-
Should Voice Protest ued. "I am therefore suggesting to erly received by them." thousands of other legal questions.
"We should be heard in every state you that you may find it possible to
of the Union saying to the public and advocate the Bard Tax Plan, as a part
to our senators and representatives," of any plans which may be considered Legislative Measure
Woollen continued, "that the trend by tax fixing bodies." Summer School for
in estate taxation should be reversed. The Bard plan provides for an
Credit Executives Would Promote
We should urge, as we can with deep amendment to the Internal Revenue Economic Ethics
conviction, that private property and Code which would allow the individ- at U. of Wisconsin
its inheritance work for the good of ual operating as a proprietor or part- Providence, R. I.
all people. We should point out that ner to -divide his income into two New York,
A summer school for credit and A bill designed to stop practices
capital, though productive in private classes:
1. Income derived from venture financial executives will be held at which "constitute unfair and fraudu-
banks, too often feeds consumption lent competition and unsound and un-
without promoting production once it capital, or, in other words, income the University of Wisconsin from
August 17 to 29, it was announced economic methods of distribution"
is in governmental hands. We should from the direct operation of his busi-
ness. by Dr. 'Carl D. Smith, director of edu- was introduced in the Rhode Island
make it known that an excessive tax
2. Income received from invest- cation of the National Association of Legislature by Deputy House Speak-
upon inheritance is a penalty to all
ment capital in stocks, bonds or other Credit Men. er Alfred U. Menard, Lincoln.
society."
purely investment items. This school will provide a profes- Under terms of the legislation,
-Upon so doing, the business man sional program of credit education which was referred to the judiciary
would pay corporate tax rates on in- for credit, financial and other execu- committee, it would be unlawful for
Gloucester Registering come derived from capital risked in tives. The purpose of the program a retailer to represent himself as a
Indignation over State the operation of his business in com- is to interpret economic and financial wholesaler and merchants would be
petition with corporations, and indi- policies; to broaden the perspective prohibited from showing prices which
Fishing Inveqtigation vidual tax rates on his invested, or of business executives; to aid them are fictitiously in excess of actual
non-business, capital. in the development of their mana- prices for the purpose of conveying
Gloutester, Mass. gerial and administrative abilities; to the impression that an article has
An investigation to -determine encourage the improvement of leader- been substantially marked down.
whether a monopoly exists in the $14,- Closed Shop Measure ship qualities; to provide for a broad- The bill also would prohibit cor-
000,000 fishing industry of Glouces- Salt Lake City, Utah. er knowledge and to stimulate habits porations from selling to their em-
ter is being conducted by Assistant A resolution proposing a state con- of --orderly thinking upon business ployes at wholesale any goods which
Attorney General George Goldfin. De- stitutional amendment to outlaw the problems. they do not manufacture.
tectives have been at work for several closed chop has been introduced in the This new program is a revival and
weeks fereting out information in this Utah Legislature. enlargement of the Summer Institute
city and nearby communities, and as of Credit held in 1941 and 1942 at Reject City Sales Tax
many as 20 indictments may be Babson Institute of Business Admin-
sought under state law charges of re- Wage Rate Discrimination istration, of which Dr. Smith was Denver, Colo.
straint of trade. Continued high Austin, Texas. then president. In the face of strong public oppost-
prices of fish, in the face of record A bill to prohibit discrimination tion, the Denver City Council killed a
catches by trawlers, led to starting in wage rates based on sex has been proposed one per cent municipal re-
the investigation by Attorney-General introduced in the Texas Legislature Would Cut Loan Rate tail sales tax when it came up for
Clarence A. Barnes. by two women representatives, Eliza- final action.
There is indignation here over the beth Suiter of Winnsboro and Mrs. Boston.
A bill to reduce the interest rate Rejection of the measure was
state's inquiry, spokesmen asserting Rae Files Still.
on small loans from two per cent to unanimous, with five councilmen re-
that the question is one of unemploy- The -proposed legislation would re-
ment rather than monopoly. Since one per cent a month was introduced versing their earlier stand in favor
quire like wage rates to be paid em-
in the Massachusetts Legislature by of the proposal. Business, labor, con-
the local freezers are jammed to ca- ployes' of both sexes for work of
pacity and no other freezing facilities comparable character and operations. Senator Michael LoPresti of Boston. sumer, civic and veterans' groups op-
posed the proposed tax. There were
available, trawlers have been laid up Penalties on employers would be a The Massachusetts Legislature last warnings that Denver residents would
rather than sailing for the fishing fine of $25 to $500 and liability for year reduced the rate from three per have avoided the levy by shopping in
grounds. double the amount of unpaid wages. cent to two per cent. nearby communities.
 L R
LAW AND
AMERICAN

AMERAN IAW AN I A n S17-

State Agency Legislatioe Trends in the States

A Guide to What's Coming in Laws and Regulations, Based on
Measure Would
Is Asked As a Continuing Study and Appraisal of Trends Developing
Already Established-This week, Aviation
Or
8a Strikes of
Aid To Trade By BETHUNE JONES ing authority in the state's 1945 avia-
New York. tion law.
Bills relating to aviation taxation,
lULility orkers
Gov. Ernest W. Gibson of Vermont
Wide Regulatory and Price- regulation and airport development urged encouragement of airport de-
Fixing Authority Would Be are being widely considered in cur- velopment by private capital, but Public Service Commission
Accorded Proposed Bureau rent state legislative told
sessions through- the Vermont legislature, "The time Would Get Broad Power to
out the country. may come when the state will have
WOULD LICENSE MERCHAN' 3 Many of the measures anticipate to help municipalities on their
Investigate, Issue Orders
air
participation in the federal-aid air- transportation problems even as it OTHER PROVISIONS OF BILL
Olympia, Was port construction program provided has had to help municipalities on
A bill to create a state trade co, under a 1946 Congressional act to highway problems."
mission with broad regulatory a I authorize $500,000,000 federal aid Annapolis, Md.
Pointing out that approximately Strikes or threats of strikes against
price-fixing powers over all types over a seven-year period, not to ex- $700,000 in federal airport funds had public
retail trade has been introduced utilities would be outlawed un-
ceed $100,000,000 in any one year, been allocated to New Mexico
the Washington State Legislature I for matching state and local funds for current fiscal year, Gov. for the der a bill introduced in the Maryland
Thomas J. Legislature by Senator P. G. Strom-
Representative Arthur L. Callow , airport construction and development. Mabry told the legislature
that "state berg, Howard.
Elma, Harold B. Kellogg of Mont State Aid Necessary aid, in many instances, will be neces-
sano and Charles A. Richey of Seatti Legislation has been proposed in I sary before we can obtain full Providing for enforcement by the
The commission would be compo . many states to require that the fed- vantage ad- State Public service Commission, the
of the federal act." proposed legislation would give that
'ed of three members, appointed I eral aid be channeled through
state Wantc F no a es s
the governor for five-year terms i agencies rather than direct to mu-
Wants Full Benefits casges oflbrdipowes, toeivstigfate
salaries of $6,000 a year. It woul nicipalities. State assistance in pro- Colorado's Gov. Lee Knous advo-
be authorized to employ a secreta viding local matching funds for air- cated a program which will enable tory solutions, issue temporary or-
and also attorneys, experts, examil ders, and make and enforce final de-
port construction also is being con- the, state, county and municipal gov-
ers and clerks. cisions.
sidered in a number of instances. ernments to realize full benefits of
Unfair Competition "The state must, with other levels the federal-aid airport program. Could Ask Special Board
"Whenever the commission sha of government, continue to help pro- Chairman Alan R. Phipps
have reason to (believe any merchar vide adequate ground facilities and Aeronautics Commission of the State In instances where it failed to reach
had earlier a decision satisfactory to the parties
has been using or is using or is shot navigation aids that are of a public revealed a proposal
for legislative involved in a dispute, the commission
to use, any unfair method of compc nature and responsibility," Gov. Luth- authorization of the
issuance of $3,- would be authorized to ask the Gov-
tition or unfair or deceptive act o er W. Youngdahl told the Minnesota 000,000 in
bonds over a seven-year ernor to appoint a special board of
practice in conducting his business, legislature, period to provide state assistance in arbitration. The same right would
the bill provides, the commission coul Terming airports "the key to the airport construction, with federal be
call him to a 'hearing. aid given either party involved if dissat-
full potential development of avia, to be channeled through the
Any ierchant violating a "cease tion," Gov. Thomas E. Dewey, in his agency, state isfied with a commission decision.
and desist" order issued, by the com address to the New York State legis- If the commson, either through
Governor Osborn asked the Arizona its own studies or through a
mission would be liable to fines o: lature, pointed out that although the legislature report
to enact "fair and suit- from arbitrators, found that an in-
not less than $1,000 nor more thai growth in their number has been able"
legislation to effect an aviation crease in the wages of employes was
$5,000 for each violation. rapid, "the increase has failed to keep tax and other controls over
the in- indicated, it would be empowered to
Every merchant in the state wouk pace with the growth of the demand dustry. Enactment of
be required to be licensed by the for commercial air service." He ad valorerb an "equitable" order an increase in the rates charged
tax on all aireraft oper- by the utility to produce sufficient
commission and to pay license and
ugerald al at d itohrir thststa
registration fees. The commission, eral funds allocated within this state raise ating in and through the state, to funds to pay the increased compensa-
revenue to match federal air- tion, provided the earnings of
with an appropriation of $25,000, in aid of airport construction and port funds, was the
earlier recommended utility were not already sufficient to
would, be given price-fixing powers development be used in a manner by the
Arizona Advisory Committee pay the increases and
and could attempt to determine prob- yield a fair re-
able cost of doing business and over- ey.,, on Aviation Development. turn on investment.
head expense of merchants. Proposals in Maine
The measure would specify that
Airport Financing
Army of Snoopers In his message to the Indiana legis- such increases would be retroactive
"Under this bill," said Representa- lature, Gov. Ralph P. Gates In Maine, Gov. Horace A. Hildreth to the date when the commission
urged supported a proposal be-
tive Blodgett, who runs a grocery legislation to provide
for financing Aeronautics Commissionof the State gan its investigation.
store in Spokane, "an army of in- the construction of municipal air- that munici-
spectors would be turned loose to pry ports, correcting tlie omission of bond- palities provide the land and that Could Operate Plant
into your books under the pretext of the towns and the state match funds In the event of the suspension, limi-
eliminating misleading and unsound equally to meet federal-aid airport tation or cessation of the operation of
practices. I don't believe in that State Wage-Hour Law allocations. He cautioned, however, a public utility because of a labor dis-
that the problem as pute, the commission would be em-
sort of business, nor do I subscribe
to such a program." Proposed in Bill Before well as constructionof maintenance costs should be powered, for the period of the emer-
The measure was said to be backed Maryland Legislature considered. gency, to take over control, direct and
by a strong group led by I. W. Ring- Development of an adequate system operate the utility, paying a "fair
er of Seattle, secretary of the Wash- Annapolis, Md. of public airports, financed wage" to the workers and providing
A state wage-hour law is proposed through "a fair return or compensation"
ington Grocers and Meat Dealers' As- state-federal co-operation, subject to for
sociation. in a bill introduced in the Maryland State Aeronautics the owners.
Commission ap-
Legislature by Senator George D. proval, was
Della, 'Baltimore Democrat. advocated in Wisconsin A preamble to the bill declares
myFW
t U
Ri
ht

aynoero
se l-- that "the state hereby asserts that
M

The measure would provide a mini-

Raleigh, N. C. mum wage of 65 cents an hour and a public utilities . . . are so imbued
Creation of a California Aviation
North Carolina's recently adopted maximum work week of 44 hours, Commission to direct a master with a public interest that it is
plan against public
state constitutional amendment grant- with time and a half for all hours for construction policy to
of airports by cities health, welfare, safety permit the
ing women the right to serve on jur- worked thereafter and counties, and through which all of and interest
les would have a limited effect under The bill was introduced at the re- federal aid funds would be channeled, the people to be endangered
by
a bill pending in the State Legisla- quest of the Maryland Association of was proposed by a state legislative strikes or threatened strikes for the
ture which would give women the University and the Maryland League purpose of adjusting or settling dis-
interim enmmittee with the backing putes between
right to decline to serve. of Women Voters. the employes and own-
of Gov. Earl Warren. ers" of public utilities.
6 AMERICAN LAW AND LAWYERS
Seek Thorough
Inquiry into
Tax Free Land
Believe Much Property not
Longer Used for Purposes
for Which Exemption Given
'ALARMING INCREASE' SEEN
Con-cord, N. H.
. A legislative resolution calling for
investigation of tax exempt property
in New Hampshire was strongly sup-
ported at a hearing conducted here by
the House Ways and Means com-
mittee.
The measure would provide: "That
a thorough and impartial investiga-
tion be made o( the whole subject of
tax exemption in New Hampshire, in-
asmuch as the total amount of such
tax-exempt property is now estimat-
ed to be in excess of $150,000,000-
although no figures have ever been
compiled to show the worth of gov-
ernmental real estate, institutional
holdings, properties of various socie-
ties and associations, and of certain
industrial establishments now tax
exempt."
Church Used As Theater
Asserting that the purpose of the
measure "is to determine if any prop-
erty is escaping its 'fair share' of the
tax burden," Rep. Fred A. Jones of
Lebanon, author of the proposal,
said: "We do not question tax exemp-
tion for religious and educational in-
stitutions as long as the property is
still being used for the purpose for
which it originally was exempted. I
know of a church now used as a
theater. We should find out if all
-property whose use has changed is
now being taxed."
Citing the "alarming increase" of
taxes in the past few years, Jones
charged that "many inequities, many
abuses" have crept into the exemption
picture. He and other speakers out-
lined a number of types of tax ex-
emption which they thoukht should be
investigated.
One Way to Boost Income
"We thought, for example," Jones
said, "that if we could put back say
$15,000,000 worth -of property in the
state on the taxable list, we would
have quite a bit of new revenue. In-
stead of looking for new sources of
taxation, we thought this might be
one way of helping add to our state
income."
As a result of a similar investiga- members cash dividends, but rather
tion made a few years ago, Connecti- gye them additional stock in the
temsee"he
cut placed several million dollars in themselves,"
valuations back on the tax list, he [expand their operations so they may
said. put competition out of business. They
Explosive Bill
Introduced in
State Legislature
Raleigh, N. C.
Co-operatives and mutual market-
ing associations would be brought un-
der North Carolina's income and fran-
chise tax laws under a bill introduced
in the State Legislature by Rep. Hen-
ry G. Fisher of Buncombe.
In serving notice on the joint leg-
islative finance committee that such
a measure had been drafted for House
introduction, Fisher said the same
proposal would be handed to the
committee as an amendment to the
1947 state revenue bill. A hearing
on the amendment was scheduled for
Feb. 12.
Referring to his measure as
"pretty explosive," Fisher explained
it would put co-operatives and mar-
keting associations "into the same
class with regular business enterpris-
es."
Although anticipating strong op-
position from every co-operative in
the state, he declared his bill would
have the staunch support of North
Carolina merchants who are being
forced to compete "at a disadvantage
with these outfits."
'The state revenue department had
no immediate figures on what the
bill would mean in added state reve-
nues, but 'State Revenue Commission-
er estimated off-hand the state would
receive an additional $8,000,000 to
$4,000,000 annually if the proposal
were enacted.
Fisher declared that co-operatives
and marketing associations do an an-
nual business in excess of $50,000,-
000 a year in North Carolina, and
that under present laws they are re-
quired to pay only a flat $10 franchise
tax. "They pay no more than that,
while engaging in direct competition
with merchants who can rely on no
such privileges," he said.
He said his measure would affect
all co-operative orgaqizations selling
merchandise, either retail or whole
sale, but would not affect associa-
tions relying upon assessment of
members to operate. Burial associa-
tions, the REA and telephone chains
would not be affected, he explained.
As to the co-operatives which would
be affected by the measure, Fisher
asserted: "These outfits list them-
selves as non-profit organizations, but
I'll bet that everyone of them would
go out of business if the profit ele-
mnent really were eliminated. They
exist for profit alone, and they are
running our merchants out -of busi-
ness."
He declared that the co-operatives,
and he named the Farmers Co-opera-
tive Exchanges as the principal one
i- 7Nf th Croli, n dont na
"usingt it to
added, "sn
he ade to
Opportunity Beckons
Buffalo, N. Y.
George W. Wanamaker, sec-
retary of the Erie County Bar
Association, is publishing the
following notice:
The Hon. S. B. Merritt, mayor
of Prattsburg, Steuben county,
New York has notified the Bar
Association that a lawyer would
be a welcome addition to the
population of that thriving but
lawyerless community of 700
persons. It is the center of a
prospersous farming district. A
lawyer will serve Poultney,
Wheeler and Italy, the mayor
says, in addition to Prattsburg.
The village enjoys Rotary, a
Central School, Masonic Lodge
and four prosperous churches.
Longer Residence
Requirement Urged
in Divorce Actions
Lansing, Mich.
Tighter -Michigan divorce laws are
sought by a bill introduced in the
State Legislature here by Rep. Sher-
man Littlefield, Detroit.
Supported by Wayne County's Cir-
cuit Court Bench and Board of Super-
visors, the bill would require a two-
year instead of a one-year residence
ahd set up a six-month "cooling off"
period in which no evidence could be
taken.
"Divorces are mounting alarmingly
and the cost of supervising the child-
ren of broken homes is disturbing,"
Representative Littlefield declared ,in
offering the measure. "About $1,500,-
000 a year in alimony now is being
administered in Wayne county alone
and a large staff of investigators is
required. I'm sure Michigan doesn't
want to compete with Reno or Las
Vegas as a marriage mart."
Investor Bears Loss
Omaha, Neb.
District Judge Jarges English ruled
here in favor of the investment firm
of Burns, Potter & Co. in a suit
brought by Mrs.- Marian O'Connor
charging she lost $96,000 because of
injudicious investing of her money
by the firm. The company contended
that whatever losses were suffered
were common to all security holders
during the depression and in the reces-
sion of 1987 and 1938.
The case had been viewed with in-
terest by investment and banking men
who wanted to know if they were to
be held liable for losses in a client's rated cities and villages has been
their
investment where bad faith had not
been proved.
sell everything, use a nefarious, hypo- who said there is insufficient law en-
critical scheme in order to avoid forcement personnel to handle many
taxation."
Making the Record
(This is the sixth of a series of ar-
ticles reprinted by- permission from
the copyrighted booklet "Making the
Record" published by the National
Shorthand Reporters Association).
Objectivity of counsel must also ex-
tend to the witness. The ordinary
witness in a lawsuit cannot be ex-
pected to possess the same degree of
poise, intelligence and orientation as
court and counsel. Difficulties en-
countered by reporters with witnesses,.
resulting from the latter's nervous-
ness, desire to tell the whole story in
one breath, language peculiarities and
defects, make it necessary for counsel
to adjust trial methods and tactics
to the exigencies of the occasion,
bearing in mind that failure to do,
this places a greater burden upon the
reporter and his ability to record and
transcribe.
These difficulties are accentuated in
the case of the unlettered and the
foreign-born witness. Between the
resonant utterances of the gifted
orator and the almost inaudible
mumblings of the incoherent witness
lies a wide range of speech man-
nerisms and peculiarities. To the
reporter in the North, for example,
the liquid speech of a Southern at-
torney is often difficult to under-
stand. Rhetorical speakers often rise
to heights of forensic eloquence, sud-
denly to descend to a whispered, in-
audible completion of the thought
cycle. Some attorneys in their fervor
will lean across the jury-box to con-
vey, the more intimately and confi-
dentially as it were, the impress of
their personality; othqrs will from
time to time turn their backs upon
court, witness, jury and reporter, ad-
dressing their remarks to the opposite
wall; while still others require the
stimulus of ambulation to perfect
their thoughts.
The accents of foreign witnesses,
the use of solecisms and colloquialisms,
the swallowing of words, the incor-
reet choice of language, the elision of
material words, and generally the use
of unclear, inaudible and even blatant
speech, all necessitate a distinct and
independent mental operation on the
part of the reporter in transmuting
the sound heard into words convey-
ing some degree of intelligibility.
Liquor Sales outside
of Towns Condemned
Bismarck, N. D.
A bill to prohibit the retail sale of
alcoholic beverages outside incorpo-
introduced in the North Dakota Leg-
islature.
The measure was recommended by
Attorney General Nels G. Johnson,
of the roadside nightclubs.
 AMERICAN I AW Awni AL S a
ASZflTCAM LAW tarn v AWVrDC
U

More Stringent Tax on Real Estate

Would Finance Bond
Named Art Trustee
Washington.
Breckinridge Long, lawyer, art con-
Strikes of Utility Workers
(Continued from Page Five)

Fire Laws Are Issue to Pay Bonus noisseur and former diplomat, has
been elected to the Board of Trustees
*of the Corcoran Gallery of Art.
"The State of Maryland," the bill
further asserts, "exercising herein its
police and sovereign power, declares
.Seen Probable Annapolis, Md .

A state bond issue of $100,000,00 0

Mi. Long is the owner of a number that the right to strike or to threaten
to pay bonuses up to 4300 to Worl d
of notable art works. and about 35 to strike in connection with disputes
War II veterans is proposed in s a years ago he and Mrs. Long added between the owners of public utilities
Effective Enforcement of measure introduced in the Maryland d a private art gallery to their resi- and their employes in order to secure
8Present Measures Also Is Legislature by Delegates Bertorelli ,
dence in St. Louis. a settlement for adjustment of com-
Silk and Duffy, all of Baltimore, and plaints or demands, is hereby with-
Demanded to End Disasters McGrath of Prince Georges. drawn, and that procedures for the
The bonds would be amortized. by above the mezzanine floors, of public
adjustment of such disputes with due
SURVEY OF RECENT ACTION real estate taxes, ranging from 4.75 buildings.
regard to the respective rights of the
cents on each 4100 valuation in 1950 Thorough Inspection Ordered employes and employers are hereby
New York. (the year of payment) to 27.5 cents A new fire prevention ordinance to provided, regardless of the questions of
Adoption of more stringent state from 1958 to 1964 inclusive, and to fault and to the exclusion of every
13.75 cents in 1965, when the last replace one declared invalid last year
and municipal fire-protection laws, as was being drafted in Providence, R. I. other remedy, except as provided by
well as more effective enforcement of bond would mature. this act."
Meanwhile, as a result of the Atlanta
.existing measures, is being widely The proposed bond issue would be fire, Providence authorities called for
urged throughout the country, a sur_ submitted to the voters in 1948. thorough inspections of "all hotels,
iey discloses. taverns, rooming houses and all build.- Earlier Treatment
A joint committee. of the Georgia regulations to eliminate fire hazards. ings occupied as living quarters such
legislature was appointed to investi- New Jersey State Labor Commis- as the YMCA, private clubs, such as for Mentally Ill Is
gate fire prevention laws of other sioner Harry C. Harper, whose de- the Elks Club, and hospitals, for the Purpose of Measure
states and 'draft protective measures partment now administers fire pre- purpose of insuring the safety of all
for introduction in the 1947 state leg- vention measures in industrial build- such buildings and their occupants Albany, N. Y.
islative session. Meanwhile move- ings, has announced he will urge the against fire." State aid to permit expanded local
ments for revision of city fire and 1947 legislature to enact a law to In Phoenix, Ariz., Mayor Ray psychiatric care for the mentally ill
building codes and safety measures, regulate the construction of hotels Busey said he would recommend the is proposed by New York State Sena-
or drives for tighter enforcement of and provide for adequate fire escapes appointment of an advisory citizens' tor Seymour Halpern, Queens.
present safety laws, were launched and fire prevention practices. committee to study the need for im- He asked in one of a series of
in several Georgia cities. May Revise Iowa Code proved methods of enforcing building bills, designed to improve the situa-
codes for the protection of human tion in the state's crowded mental in-
Study Drastic Proposals Revision of housing codes to pro- life. Emphasis was laid on the exist-
vide improved fire protection is un-
ence of "large flimsily built night ititutions, that a temporary state corn-
Mindful not only of the Atlanta der consideration nission be named immediately to de-
in Iowa, where the clubs" adjacent to the city which
holocaust, but also of the recent tene. subject was recently termine the need for expanded local
ment fire tragedy in New York City, meeting of fire chiefs discussed at a
have but one inadequate exit.
from nearly mre and to frame a program for state
the New York State Joint Legislative 70 Iowa towns. With a A new fire prevention code in Kan- Lid.
Dubuque fire
Committee on Housing and Multiple tragedy fresh in as lCity is expected to be adopted Senator Halpern, calling attention
their memory, mem early in 1947.
Dwellings is studying proposals for hers of the 1947 to the overcrowding in mental hos-
Iowa legislature may
new, drastic legislation to provide enact more stringent Five New Ordinances pitals which now house well over 100,-
greater fire-protec 9on. Spokesmen curbs.
An ordinance requiring emergency
for the committee said it has found fire protection measures In Birmingham, Ala., Public Safe- )00 patients, stated that, in advane-
that New York City hotel conditions mercantile establishments, in hotels, ty Commissioner Eugene Connor in- In the program, it was his avowed
and other structed the city legal department to Lope that many could be cured with-
in moat respects afford no cause for buildings used by the
public was draw up five new ordinances which he ut being certified to the state insti-
that huX'dreds of ram- der consideration at this writing un- said he
,"but
shackle resort hotels and year-round Chicago, where 61 in would recommend for adop- utions.
persons lost their tion as necessary to safeguard Birm- "An example is provided in the
hotels in other cities not covered by lives in the LaSalle
fire last summer. ingham citizens and visitors against Grasslands Hospital in Westehester
multiple dwelling laws drafted spe- Places affected by ounty which, even with present lim-
the
cifically for New York City, are po- nance would include proposed ordi. disasters. ted treatment facilities is able
1,385 hotels and First of the proposed new Birming-
tential danger spots. One of the first apartment hotels with
a total capacity ham ordinances would classify all hrough intensive early treatment to
objectives of proposals to be present- f 135,400 rooms. ave about 20 per cent of its psychist-
The
ed to the 1947 New York State legis- would require the enclosure measure hotels with 20 or more rooms into ic patients
of stair- three types, depending on construe- from certification to state
lature, it was indicated, will be to ways, and elevator shafts, and therin- tion, and provide
that those classified mental hospitals," the Senator said.
bring all hotels in the state under stallation of fire doors between floors, as Type I put all furniture repair
and paint work in a fireproof room,
equipped with a sprinkler. Type II Tax Attack Fails
SUBSCRIPTION BLANK hotels would be required to encase
elevator shafts and stairways, asd Tamps, Fla.
($3.75 if check accompanies order)
(.3.75i........................194.. to
cut off halls with fire doors, as well esFour motor transportation compan-
made an unsuccessful attempt in
as to meet the furniture repair and ircuit Court to
,American Law and Lawyers, aint work requirements. Type 11
obtain exemption
534 Sycamore Street. hotels would have to close elevator f rom Tampa's new municipal 10 per
Cincinnati Z Ohio. shafts and stairways, and install a ent utility tax.
sprinkler system throughout the en- Circuit Court Judge Harry N.
Gentlemen: ire building. Eandler rejected the companies' con-
Please enter my name for a three months' trial subscrip- Another proposed Birmingham or- t ention that the state law setting up
tion and bill me for one dollar. linance would require flame-proof n ileage taxes exempted them from
nattresses in hotels. A third ordi- n unicipal levies other than strictly
......................................................... ance would call for display in all P roperty taxes.
t oom of a floor plan of the building, The firms were Tamiami Trail
..................................................... howing fire exits. Smoking would T ours, Central
Truck Lines, Fogarty
e prohibited in hotel beds and de- B rothers Transfer and Hun Truck
--- ------------
----- --- ------------ --- ........... .. ... artment stores under a fourth ordL I ines.
lISend paper for a year at $()()0 ance, while the fifth would abolish Similar local utility taxes are lev-
evolving doors in Birmingham hotels ie
d by more than two dozen other
nd office buildings. I F lorida municipalities.
I AMERICAN LAW AND LAWYERS
Harvard Law's
Students 93
Per Cent Vets
Even Accepting Only One in
Four Qualified Applicants
School Is Packed, Dean Says
HAD TO SET UP A NURSERY
Los Angeles.
The postwar problems of Harvard
Law School have been complicated by
a deluge of war veterans, accompani-
ed by wives and children, and all sad-
ly in need of housing accommodations
and eating facilities, Dean Erwin N.
Griswold told a luncheon of local
graduates of the school.
Dean Griswold told the luncheon
the law school enrollment had jump-
ed from a wartime low point of 47
until the registration at the spring
term beginning of 1950.
93 Per Cent Veterans
During the term now closing en-
rollment has been 1747, of whom 93
per cent are war veterans and the
other seven per cent are from the
merchant marine and similar services.
"I am the only law dean who has at
the same time been dean of a nur-
sery school," the Harvard legal sa.
vant said.
Babies interfered with the orderly
study of law, he explained, and so
dignified Harvard had to establish a
nursery, where, five days a week, from
9 to 12, the youngsters are cared
for. This permits the mothers to
shop-otherwise the wives forced the
husbands to care for the family pride
and joy when they (the husbands)
should have been in the study hall.
Takes One in Four
Despite overflowing enrollment,
the law school has been accepting
only one out of four qualified ap-
plicants, Dean Griswold disclosed.
Those adepted must have high marks
-even those entering from Harvard
College must have an avenge grade
of straight B's, and those entering
from some schools must have straight
A's.
"Housing has always been one of
our problems," Dean Griswold said,
"and it is unsolvable." He said bar-
of respect for the law are well-ground-
racks had been erected as one contri-
ed in Harvard law graduates--that the
bution to caring for 700 married law
graduates "have their feet on the Virginia's consumers sales tax is one
students, and that in addition the
school has rented a hotel in downtown
ground."
Boston. There are no cooking nor "I hope you have not overlooked posed to the 1947 State Legislature
that the dissenting justices in the re- by the West Virginia Farm Bureau
nursery facilities in the hotel, how-
cent portal-to-portal decision of the to contribute to the proposed expen-
ever, and if babies arrive the tenants
must move. U. S. Supreme Court were Frankfur- diture of $33,900,000 annually for
Graduates Well-Grounded ter and Burton, - both graduates improvement of the state's secondary
Dean Griswold emphasized that of Harvard," Dean 'Griswold said.
Nuremberg Judge
Appointed to Head
Legal Aspects of Housing Are Treated by
Various Authorities in Duke Symposium
Special Bar Committee
Chicago.
Appointment of Federal Circuit
Court Judge John J. Parker of Char-
lotte, N. C., alternate American judge
at the Nuremberg trials, as chairman
of the special committee on Improv-
ing the Administration of Justice of
the American Bar Association, was
announced here by Carl B. Rix, pres-
ident.
Vice-chairmen of the committee
are: Chief Justice James P. Alexan-
der, Austin, Tex.,; Judge Edward R.
Finch, New York, and Judge Bolitha
J. Laws, Washington, D. C. The other
members are: Leland L. Tolman,
Washington, D. C., secretary; George
E. Brand, Detroit; Judge W. Calvin
Chesnut, Baltimore; James 'P. Econ-
omos, Chicago; James D. Fellers, Ok-
lahoma City; Arthur J. Freund, St.
Louis; Judge Laurance M. Hyde,
Jefferson City, Mo.; Chief Justice
Robert G. Simmons, Lincoln, Neb.;
Charles B. Stephens, Springfield, Ill.;
and Dean T. Vanderbilt, Newark.
File Wage-Hour Measure
Hartford, Conn.
A state wage-hour bill has been
introduced in the Connecticut Legis-
lature by Senator Dominick Pedace,
Norwich.
Applying to all intrastate business-
es, the bill would establish minimum
hourly wage scales of 50 cents an
'hour in the ueb year of the act's
operation, 60 cents an hour in the
second year, and 70 cents an hour
thereafter. The bill also would es-
tablish a standard eight-hour work
day and 40-hour work week, with
time and a half for all overtime
work.
Discrimination Studied
Sacramento, Cal.
During his second inaugural mess-
age to. the California Legislature,
Gov. Earl Warren resubmitted his
plan for a state commission on po-
litical and economic equality to in-
vestigate racial discrimination prob-
lems and report to the governor and
legislature.
There is no place now, he said,
where "objective" information on
this subject is available.
basic legal concepts and a traditionax
An increase of one per cent in West
of several new or added taxes pro-
Iroads.
Durham,
Vallance Honored
New York.
William Roy Vallance, of the
U. S. State Department's legal
staff, secretary-general of the
Inter-American Bar Associa-
tion and widely known in the
work of the American Bar, has
been awarded the medal of the
Alumni Federation of Columbia
University for "Conspicuous Col-
umbia Alumni Service." Said the
citation:
"Staunch and faithful alumnus
who by his admirable gifts and
ability has served Columbia
with warm affection and notable
persistence in the nation's capi-
tal as member and president of
the Washington Alumni Club;
distinguished lawyer, diplomat,
author, lecturer, and worthy
representative and guardian of
our citizenry through his emi-
nent place in the Department
of State."
State Bar Plan for
Raising Salaries of
Judges Introduced
Harrisburg, Pa.
A one-third increase in salary for
judges in all Pennsylvania courts from
the Supreme to county courts is pro-
vided in a bill introduced in the State
Senate by Sen. John M. Walker, Oak-
mont.
The measure, backed by the Penn-
sylvania Bar Association, raises the
Supreme Court justices' pay from
$19,000 to $26,000 a year, and the
Supreme Court justices" pay from
$18,000 to $24,000.
The proposed schedule calls for this
pay in these judicial districts:
Philadelphia and Pittsburgh, $19,-
000'; those with populations ranging
between 250,000 and 1,000,000, $17,-
500; between 100,000 and 250,000,
$16,000; between 65,000 and 100,000,
$13,500 and less than 65,000, $12,-
000.
Dauphin county (Harrisburg) court
justices would beceive an additional
$4,000 for being the commonwealth's
court of original jurisdiction.
Charleston, W. Va.
The various aspects -of housing
N. C.
constitute the subject matter for the
current Duke Law School symposium
"Law and Contemporary Problems."
There are twelve articles in the
publication by such eminent authori-
ties as Philip Hauser, A. J. Jaffe, Rob-
ert Davison, Miles Colean, Shirley
Siegel, Lee Loevinger, George Thomp-
son, Edwin Yourman, William Thomp-
ington, and Robinson Newcomb.
These men represent an excellent
cross-section of current American
opinion 'and policy as regards this.
very pressing problem. The articles
are so arranged as to present not
only the scope and intricacies of legal
questions arising from the housing
shortage, but also their economic and
sociological ramifications.
Such matters as real property law,
difficulties in home construction, and
mortgage finance are treated from
both the practical and theoretical
standpoints. Also there are two in-
teresting treatises on proposed chang-
es in real estate law by Professors
Corwin Edwards of Northwestern,
and Spencer Parratt of Syracuse.
Special problems such as the present
veteran's emergency housing pro-
gram, building code improvement,
and the mass housing need are dis-
cussed and analysed fully by writers
who are close to the hearts-of these
questions.
The symposium thus may be seen
to contain as complete a develop-
ment of legal aspects of the housing
situation as may be found anywhere.
Minimum Wages Hiked
Madison, Wis.
An order increasing minimum
wages for women and minors, effective
February 10, has been issued by the
Wisconsin State Industrial Commis-
sion.
The new rates are: 45 cents an hour
minimum in cities or villages with a
population of 3,500 or more; 40 cents
an hour in communities with a popu-
lation between 1,000 and 3,500, and.88
cents elsewhere. Present minimum
rates in Wisconsin are 22 cents an
hour in cities and villages with a
population over 5,000, and 20 cents
elsewhere.
State Liquor Stores Sought
Atlanta, Ga.
A bill proposing a system of state-
owned liquor stores, which it was
claimed would double the state's reve-
nue from the sale of alcoholic bever-
ages, was introduced in the Georgia
Legislature.