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AMERICAN LAW AND LAWYERS
Established 1939
Vol. 9
Many Purposes
of Law Center
Are Described
One Object to Make Whole
Body of Administrative
and Statute Law Available
TO ORGANIZE CONFERENCES
Paterson. N. J.
Various objectives of the great law
center to be established at New York
University were described in a Bar
association talk here by Arthur D.
Vanderbilt, dean of the law school at
that institution and former president
of the American Bar Association.
Subscriptions for the law center
building fund are already well past
the million dollar mark. A total of
three millions is sought.
Law Study Deteriorating
Dean Vanderbilt told the local Bar
that the study 'of law had deterir-
sted, and that in an era when the
wise counsel and intense knowledge
of lawyers were increasingly essen-
tial, there had been 'a marked retro-
gression.
The law center will seek to halt the
,beckward movement by developing
.an agency for the study of law and
investigation of all legal problems
'that would be comparable to the great
medical centers in their fight for the
public health.
One purpose of the center, the
dean explained, will be to -organize
all the statutory and administrative
law of the 48 states, federal govern-
ment and territories so 'that it may
e readily available to any member
of the Bar in the United States.
Who to Conduct Work
Work of the center will center
around a group of men drawn from
every branch of the profession as
well as from government and busi-
less. The work will consist of gradu-
ate courses in advanced instruction
in every phase of public, private,
'civil, criminal, and international law.
"In addition, institutes will be or-
ganized and served to provide a for-
ia in which a group of distinguished
experts may present their authorita-
tive views on current significant legal
problems to lawyers and interested
laymen.
(Continued on Page Four)
-=
Cincinnati, Ohio, March 18, .1947 No. 11
FTC Report Shows Merger and Purchase
Have Swallowed up 1,800 Concerns Since 1940 Reports Total
Washington.
In a special report on business
trends, the Federal Trade Commis-
committee, was proposed by Repre-
sentative Estes Kefauver of Tennes-
see as an amendment to the Clayton
Portal Cases
sion has informed Congress that 1,- Anti-Trust act. It would permit the
800 companies have disappeared
through purchase or merger since
1940.
FTC to block the purchase of a com-
pany's assets if the transaction would
tend to promote monopoly.
IsNear 2,000
The report, which traced the pat- Amount Claimed in Excess
The act now only prevents the pur-
tern of merger throughout industry chase of stock; and the result, ac- of Five Billions, Federal
with special emphasis -on the last cording to the FTC, is that "the anti- Courts' Office Discloses
three, said that one-third of the ac- trust agencies are powerless to act"
tivity was in fields traditionally re- when monopolistic growth takes the MOST ACTIONS IN DETROIT
garded as the realm of "small busi- form of a merger of physical proper-
ness." These include food, textiles, ties. Washington.
and non-electrical machinery. The Actions begun in the Federal
report added that 242 of ttese small- courts to recover the so-called "portal
er companies have been bought up to portal" pay for employees had
by 18 of the country's "very largest Missouri Will Again reached a total of 1,913 'by the end
corporations," for an average of 13 Consider Passing of January, according to figures com-
companies each. These large cor- piled by the Administrative Office
porations were defined as having as- Fair Trade Law of the Federal Courts.
sets above $50,000,000. Based on the decision of the Su-
The FTC declared that "the rapid Jefferson City, Mo. preme Court in the Mt. Clemens
growth of private super-government Reappearing as it has at Pottery Co. case, these actions seek
in industry must be halted" in order every session of the Missouri Legisla- to recover under the Fair Labor
to prevent the rise of a "political ture in the last 15 years, a fair trade Standards act for time which the
super-government," and urged adop- bill was introduced in the Missouri employees claim should have been
tion of a Kefauver bill as a means of House of Representatives by Speaker included in the work week, and usual-
accomplishing this end. The meas- Pro Tem J. H. Miller, Carroll County, ly, in addition, an equal amount as
ure in question, which will soon be and Rep. John L. Sando, Dunklin liquidated damages.
heard before a House Judiciary sub- Coimty. Some Uncertain on Figure
Such a bill, which would permit A number of these cases did not
minimum resale price contracts be- claim a definite amount, but left the
Three Labor Bills Passed tween manufacturers and retailers, court to establish how much was due.
Pierre, S. D. was filibustered to death last year by Others stated the amount as "in ex-
D'uring~ its now-adjourned 1947 Senator Emory Allison. cess of" a certain figure. The total
session, the South Dakota Legislature Previously enacted by 45 states, amount claimed, including liquidated
passed three restrictive labor bills. fair trade bills also are currently damages, is in excess of $5,785,204,--
The measures, sent to Gov. George 606, but this should not be consider-
T. Michelson for signature, would out- pending in Texas and Vermont-the ed as the total recovery sought be-
law mass picketing; prohibit forceful only other states, besides Missouri, cause it does not include the cases
solicitation of union membershp, and which have not adopted such legisla- where a definite amount was not
Dermit unions to sue or be sued. tion. stated in the complaint.
In some instances an expmination
of the complaint did not reveal wheth-
er or not the case was based on the
LEADING NEWS ARTICLES-
portal-to-portal principle, although it
Court Case Recorded by Office Equipment ----------------- 2 was brought under the Fair Labor
Twenty Strikes Averted by Agency _--__--_----------- 2
Standards act. Twenty of these cases
Varied State Attacks on Housing Problem ----------- --------- 3
claiming a total amount of $6,074,-
National Divorce Law Held Justified ---------------------- 3 263 and seven similar cases not stat-
Domestic Prices Not Affected by Foreign Demands ------------ 4
ing definite amounts due were also
Artist Sues Church ------------------------------------ 4 listed by the clerks. Sixty-two per-
New Conciliation Machinery Urged for Labor Cases ------------ 5 cent of the 1913 portal-to-portal cas-
Novel Way Proposed to Aid Busines -------------------- 5 es commenced during the seven
Apartment Owners May Bar Door-To-Door Campaigns ---------- 6 months were filed in January, 1947,
Public Utility Strikes Now Felonies ------------------------ 6 and most of the others were filed in
Army Imprisonment Is Not Military Service ----------------- 7 December. The recovery asked in
Co-ordinfLted Religious Education in School Plan ------------- 7 the cases docketed in January was
Mental Health Study ------------------------------
53 percent of the total amount sought
Children Sue Home Breaker ------------- - - ----- 8 in all cases filed during the seven
EDITORIALS AND FEATURES- months, in which a definite sum was
Legislative Trends in the States --------------------------- 5 named.
ii ..........
I..............
I.... .............
.... ....
..................................................
I......
I... ......
I....
r.- (Co'ntinui1ed on Page Four)
 2 AMERICAN LAW AND LAWYERS
2 AMERICAN LAW AND LAWYERS
Office Recording
Equipment Used
for Court Case
Record Is Made of Hearing
in Arbitration-Is One of
First Such Uses in Nation
Philadelphia.
First use of office recording equip-
ment in connection with court pro-
cedure here has just been made at
an arbitration conference in a part-
nership dispute.
At the conference, which was held
by direction -of Common Pleas Court,
the recording equipment was placed
in use by Hymen Schwartz, attorney
and one of three court-appointed ar-
bitrators.
Use Is Explained
After -the equipment had been
placed upon the conference table and
the meeting called to order, Mr.
Schwartz explained the use of the
equipment to witnesses, counsel and
his fellow arbitrators, noting that its
use was purely experimental and that
the recordings were not to be consid-
ered as any part of the official record
of the case, but were to be more in
the manner of notes, to which later
reference could be made.
The eight conferees sat around a
table approximately three feet by
eight feet, upon which three small
microphones were placed at equi-
distant points. This arrangement
placed the men at or near the sug-
gested "arms length" range of the
microphones. The controls for the
.system, 'placed at one end of the table,
were operated by Mr. Schwartz, who
could change the records, see that
proper volume of voice reached the
equipment, and. stop and start the
transcription at a signal from anyone
who wished to talk "off the record."
Reproduction Is Clear
Despite the fact that at times the
speakers unconsciously raised or low-
ered their voices, the records, which
can be played back by a simple and
speedy adjustment, were clear and
understandable.
It was said that in one or two New
England states office recording equip-
ment had beeii used in this manner
but in general such use is novel.
Employer's Tax Cut
Olympia, Wash.
A bill expected to save employers
more than $11,000,000 annually in
unemployment compensation taxes
was signed into Washington state
law by Governor Wallgren.
The measure, which was enacted at
Wallgren's request, reduces the un-
employment tax for most employers
from 2.7 per cent to- an average of
1.6 per cent of the employer's pay-
roll.
Att'y. Gen. Clark Sets June 1 Deadline
For Debt Claims Against Alien Property Agency Credited
Washington.
Gov. Robert F. Bradford of Mas-
Proposals for both increases and
reduction of California's sales tax
with Averting of
sachusetts has suggested the possibil- have been made. Gov. Earl Warren
ity of a two or three per cent sales is backing legislation to continue in Twenty -Strikes
tax to offset a potential deficit facing force for another year the reduced
the state and its municipalities. rates of the sales tax and other gen- Toledo Committee Serves
A sales tax also has been proposed eral fund levies which were cut, at
in Pennsylvania, but Gov. James H.
As 'Board of Last Resort'
his request, in 1943 and again held
Duff has indicated he will make every down in 1945. in Especially Hard Cases
effort to avoid such a levy. The state's Hopes for reduction of -Ohio'ssales
revenue problems are being studied tax have been dimmed by strong Toledo, 0.
by a joint legislative committee, with pressure for continuation of the rate Twenty strikes have been averted
selected sales taxes, such as an in- at three per cent with a larger allo- here during the last seven months
creased cigarette tax, seen as a pos- cation to local political subdivisions. by the municipal Labor-Management
sible alternative to a general sales Committee, according to reports to
levy or a state income tax. the International City Managers As-
Enactment of a general two per Problem of Veterans sociation. The Toledo committee, which re-
cent sales tax or a combination of
selected sales taxes on so-called "lux- Accused of Crime cently celebrated its first birthday,
ury" products also has been proposed Given Special Study has handled 43 labor disputes since
in Maryland as a means of raising last July. City officials report that
revenue for aid to municipalities, Washington. the city has been strike-free since
school purposes and other needs. The District Bar Association has October 17 and that the committee's
joined in the movement, led by Chief mediation services have helped re-
New York Measure
Justice Bolitha J- Laws of District strikes dur-
A bill calling for a two per cent Court, to assist the courts in giving duce the average time of
ing the last year to two weeks.
sales tax, exempting food and medi- special study to the
cases of veterans
cines, was introduced in the New accused of crime. Types of Cases Handled
York State legislature to raise reve- Cases handled by the committee
Austin F- Canfield, District Bar
nue for allocation to upstate munici-
president, said he had been authorized since its establishment ranged from
palities, but was given slim chance of
by the association's board of directors mediation of a transit strike and
passage. New York City, which al-
to appoint a committee to study the warehouse 'and manufacturing dis-
ready has its own local sales tax,
problem of accused veterans whose putes to averting a strike of city
would be exempted from the bill.
crimes can be traced to their wartime employees through recommendations
Future consideration by the New experiences. for wage adjustments. The commit-
Hampshire legislature of a general
While the committee wil decide how tee consists 'of six representatives
sales tax and a graduated income tax,
the association can help in the prob- each 'of labor, management, and the
with possible action meanwhile on a public.
"luxury" -tax,was recommended in a lem, Mr. Canfield said he thought a The specific function of the com-
feasible plan would provide a panel of
report by a state legislative interim
lawyers who could make independent mittee is to serve as a 'oard of last
commission on state finances.
studies of veterans' cases and advise resort" in particularly difficult labor
the court as neutral parties. disputes. Jurisdictional disputes are
not brought before the committee,
Ban Lifted from however, unless all parties involved
committed themselves to abide
'Forever Amber' Sales Would Lift Tax Exemptions have by the committee's decision.
Under New Statute Madison, Wis.
Pending in the Wisconsin Legisla- A Full Time Job
The executive secretary of the com-
Boston. re is a bill to lift the blanket prop- mittee is a full-time municipal em-
Kathleen Winsor's novel, "Forever erty tax exemption for 44 classes of ployee. The guidepost for the com-
Amber," has been restored to sale in buildings held by religious, fraternal, mittee's operations is the officially-
Massachusetts by the decision of Su- veteran, social and other groups. approved industrial relations charter
perior Court Judge Francis J. Introduced by Assemblyman Ran- setting forth 112 principles of labor-
Donahue, who found that it is "not dolph H. Runden, Union Grove, -the
management relations. Committee
obscene, indecent or impure." bill would lift the exemption to the members
volunteer their services.
In a three-day session, which was degree to which the buildings are used
Labor relations bureaus have been
the first test of a new Massachusetts for pecuniary gain. The burden of created also in New York, St. Louis,
censorship law, the book itself was proof would rest upon the organiza- and Louisville, and Kansas City is
brought to trial, -not the bookseller or don and decisions would be made by reported considering establishment of
publisher. local tax authorities. such a unit. In Boston, the Metro-
Clarence A. Barnes, Massachusetts politan 'Industrial Relations Council,
Attorney General, started the court which offers arbitration and concilia-
action on a petition alleging that the Higher Wage Ordered tion services, is organized on the basis
novel of a gay beauty of England's Frankfort, Ky. of volunteer membership. More than i
Restoration court was "obscene." An order directing higher mini- 100 industrial concerns and labor
The censoranip code, which became mum wages for women and children units are members.
law in Massachusetts in 1945 and in Kentucky's general industry and
which is unique in the nation, replaced business was signed by State Indus-
earlier statutes under which the book- trial Relations Commissioner L. C. Rent Violator Fined, Jailed
seller and publisher could be held li- Willi. Miami Beach, Fla.
able for court action over a question- Doubling the previous minums, Louis Marcus, a Miami Beach land-
able book. Now a civil ruling is re-the new scales call for 50 cents an lord, has 'been placed under sentence
quired on a book prior to any crim- hour, with 75 cents an hour for over- for rent ceiling violations to one year
inal prosecution. beyond 24 hours a week, in cities in prison and a $1,000 fine by United
An interesting sidelight during the of 2000 or more populaton and in States District Court Judge Robert
trial was Judge Donahue's statement a within five miles of them. The Russell. In one case alone, Marcus
that he fell asleep after 10 minutes of sales are lower in less Populated had been charged with a 1,200 pet
reading "Amber." areas. .cent overcharge.
 AMERICAN LAW AND LAWYERS a

States' AttacksS Failure to Enforce

Child Labor Laws
Would Prevent
Forced Disclosure of National Law
On Problem of Cause of Delinquency
Falure to enforce federal and state
Religious Confessions
Trenton, N.. J.
on Divorce Is
dchild
Housing Varied
labor laws is a contributing fac-
tor in the increase of juvenile deli-
An act to give clergymen specific
Protection against forced disclosure
quency, Mrs. Valdia Lyons Noll, child Of in-formation received in the course
Held Justified
Many Measures Would Put labor consultant of the United States f eir spiritual duties has been in- Peril to Social Structure
Government in Business to Department of Labor, said here i roduced in the New Jersey Legisla- Too Serious, Senator Says
talk. ture by Senator John E. Toolan, in Discussing Amendment
anradio P oin ting ou t th at child lab or h as Mi d e x co n y
e nr De gre
a nGrEvate
ANALYSIS OF DEVELOPMENTS said creased recent
in Of Mrs. Noll
years, States rel e orcolled "sal
b reads, tosloe ot 'SELF-PRESERVATION' NEED
records the United Of- bellowe
of Education show high school
ByBfe ByBEHUE ONSenrollment today is more than a mil- in any court, or to any public officer, Washington.
New York. lion below the peak year of 1942. a confession made to him in his pro- For reasons of self-preservation
character, or as a spiritual the country would be justified in ex-
Divergentfessional
P vre na ttakopo n tb bilhio
e ri Cg hden w hoyearne b wig money' adviser, in the course of discipline
probleming tending federal lawmaking powers to
in enjoined by the rules of practice of
include marriage and divorce, Sena-
duced in many 1947 state legislative war plants can't get used to the idea the religious body to which he belongs
sessions. tor Arthur Capper, Kansas, declared
of returning to classrooms so they or of the religion which he professes."
Measures to promote both public can complete their education," she at an open forum meeting conducted
and private housing construction and said. "They earned a lot of money In a statement attached to his bill, by Omicron Chapter of Kappa Beta
Pi International legal sorority on the
of both an emergency and long-range and they spent a lot of money. They Senator Toolan said that under two
character have been proposed on a can't earn as much today jmut they pending Senate measures and under subject of marriage and divorce laws
wide scale. Many pending measures still want to spend as heavily." statutes previously enacted "it may of the United States and foreign
would put the states and their local be considered that a clergyman, un- countries.
units further into the housing busi- der penalty of committing a misde- Declaring that interstate "trafic
vacant and tax delinquent prop- meanor, must report a confession of individuals" who invoke divorce
nes,of
building materials business as erty for housing sites; the extension made to him by a penitent wherein laws should be as much a matter of
tollthe
to theideseing terialstusinea of .limited state aid 'to complete cer- it is indicated that the penitent par- federal control and regulation as in-
well. Besides seeking to foster ne tam temporary housing projects which ticipated in an act of criminal vio-
housing construction, efforts also are terstate commerce, the Senator point-
being made to further stimulate the the federal government started in lence resulting in the death of an- ed out the confusion which different
other person."
and later aban- divorce laws in the 48 states and the
rehabilitationseveral
rehbiltaton'ofexitig husig. doned orcommunities
curtailed; and further actionSenator Toolan said his bill would District of Columbia have brought in-
California Takes Action to empower local housing authorities
clarify the situation and "make ex- to the national life.
One -bill already enacted in Cali- and land clearance commissions to press the privileged character which Proposal 25 Years Old
fornia created a $1,000,000 revolving complete permanent housing and slumshould attend the making of such The Senator quoted the resolution
fund for state purchase of surplus clearance in co-operation with private
communications." he introduced in Congress more than
federal wartime housing and resale enterprise. a quarter of a century ago, a con-
of the building -materials to veterans Housing bills pending in the illi- stitutional amendment that would
for home construction. It was esti- nois legislature at this writing includ- projects in excess of three per cent enable Congress
to enact uniform
mated that the measure would enable ed a bill seeking appropriation of would be returned to the state. marriage and divorce laws. He said
the state to buy $100,000,000 worth $100,001,000 to the State Housin that he was aware that the objections
of federal surplus housing, if that 7gTxsMaue
by the Tens Senate and against federal statutes governing
much becomes available.
much beomes
avilablepermanent Board for rental housing.of veterans' a Passed
construction hswiigaatn cini h marriage and divorce were "real and
Another California measure pro- serious."
poses a new $150,000,000 bond issue New York Legislation lower branch was a'bill to allow life "But the danger to our social strue.
to continue the state program of farm Enacted early in the 1947 session insurance companies to own. nd build ture from the threatened
destruction
and home purchase loans to former' of the New York legislature was a apartemnt houses. Another bill in- of the family in the
United States
service men. Also proposed in Cali- 'bill appropriating$25,000,000 to con- troduced in Texas would empower seems to me just as serious,
just as
fornia is a $100,000,000 'bond issue tinue the state's emergency housing cities to acquire and' clear blighted real,
and in my judgment even more
for construction of dwellings, com- program for veterans. Added to a areas, and resell or lease such land to certain," he added.
munity redevelopment, slum clear- $85,000,000 appropriation last year, private enterprise. A similar re- Refers to Statistics
ance and erection -of low rental hous- the measure provided funds to cor- development law was Proposed in He referred to the statistics on
ing units. plete conversion of former military North Carolina, along lines already marriages and divorces
in 1945 re-
A bill proposing a direct appropria- installations and abandoned public effective in a number of states. leased by the Federal Security Agen-
tion of $25,000,000, with which the buildings for veterans' housing. A bill to pave the way for public cy
last fall, which showed a divorce
state would construct houses and Mayor O'Dwyerof New York city housing projects in St. Louis and Kan- for every three
marriages.
apartments, also was introduced in asked the legislature to approve for as City, by empowering munipali- "Society today in the United States
the California legislature, as were a a vote by the people this fall on an ties to exempt such developments is attempting to live under
49 differ.
series of bills aiming at state con- authorization of $300,000,000 addi- from taxes, was pending in the Mis- ent and conflicting codes
on marri-
struction of rental units and partial tional for housing loans and a boost souri legislature. Introduced in the age and divorce,
and it can only make
subsidies to private contractors. in state subsidies for low-rent hous- New Hampshire legislature was a the best of an
impossible situation
Favors Private Enterprise ing. bill to provide a $1,000,000 fund with by ignoring
I Encouragement -of private building Another New York proposal called which the stale would match munici- for the laws, which is bad
society and bad for the individ-
was urged upon the Illinois legisla- for a permanentthree per cent tax ex- pal funds for subsidizing low-cost ual," the Senator
declared.
ture by Governor Green, who said: emption on all low-cost housing built homes built by local housing authori.
"While there is an urgent need for by private capital for low-income ties.
additional temporary housing, it is families. -Central feature of the bill, Gov. James L. 3Conaughty of
clear to almost every one that the only introduced by Assemblyman Richard Connecticut recommended the enact- Slot Machines Escape Tax
real solution of our housing needs M. Goldwater of the Bronx, was a ment of "a veterans rental housing Helena, Mont.
lies in the construction -of new homes provision for reimbursement of locali- program whereby the state assumes Bills taxing retail liquor sales 6
and apartments by private calpital. ties, to the extent of realty tax ex- the payment of local taxes on such per cent, placing
a 2 -cents-per-pack
Any legislation which will invite and emption granted, from a $30,000,000 new housing, up to five years, provid- tax on cigarettes
and a 3 per cent
encourage building by private capital state revolving fund. This fund in ed that the tax savings revert to the tax on punchboards
will be most 'beneficial." were given final
turn would be replenished through veteran-tenant in the form of a re-
The Illinois governor called for 'operation of a provision under which duction in the amount of monthly passage by the State Legislature here.
Killed in the State Senate, however,
legislation to expedite the acquisition three-quarters of all profits on such -rent"
was a bill to tax slot machines.
 AMERICAN LAW AND LAWYERS

Domestic Prices Not Painter Sues Church on Question of Right

American Law and Lawyers To Be Influenced Of Purchasers to Destroy Artist's Works
By Foreign Demands New York.
Published weekly except on the Portal Cases Alfred De Georgio 'Crimi, promin-
last Tuesday of the year and on Chicago. ent fresco painter, is seeking to com-
(Continued from Page One)
alternate Tuesdays from July 1 to Belief that foreign demands will pel the Rutgers Presbyterian Church
September 30. Forty-four issues keep domestic prices high through- In Industrial Districts to restore or permit removal of his
annually. out the year has very little founda- As would be expected, there has 800-foot mural in a suit filed in Su-
tion, according to A. W. Zelomek, been a concentration of portal suits -preme Court here. Mr. Crimi asks
Office of Publication:
economist for International Statisti- in districts which include great in- $150,000 damages as an alternative in
534 Sycamore St., Cincinnati 2, 0. cal Bureau and Fairchild Publica- dustrial areas. his complaint.
tions, who addressed the Purchasing Thus the largest number of cases, The fresco in question, entitled
ROWLAND SHEPARD, Editor. 162, was brought in Detroit. In "The Spreading of the Gospel," was
Agents Association -of Chicago.
"The impression has suddenly been Cleveland there were 160, in Chicago completed by the 46-year-old painter
American Law and Lawyers created that colossal new foreign 148, while in 20 districts no cases in November, 1938, after two years
welcomes communications on all needs have developed unforeseen; that at all were filed. of work. It cost $6,800. When the
questions of law and government, net foreign demands In some cases a large number of church was redecorated, last Septem-
on the United
the administration of justice, Bar States economy will increase sharply plaintiffs were listed, while others ber, the painting was effaced by three
organization work, professional this
year and next; and that expect- were class actions, as where plaintiff coats.of flat paint
welfare and other subjects of in- ed declines in
food and farm prices sued for himself and "6,000 other Mr. Crimi contended that hidden
terest to lawyers. will be indefinitely deferred. employees similarly situated." The under its coats
of paint, the church
"These fears have been crystallized average recovery sought per case in mural is doing his artistic reputation
Subscription Price - $4.00 a Year by -the British demand that we those cases where a definite amount
take "irreparable and serious injury." The
Single Copies 10 cents. over her responsibilities in Greece was asked was $3,818,617. Italian-born painter said that he was
and by ex-President Hoover's report not consulted about the "willful oblit-
Purposes of Law Center on the German situation." eration" of the painting, and argued
(Continued from Pare One) Georgia Considers Sales Tax that purchasers contracting for a
Mr. Zelomek pointed out that
"The law center in addition will recent reports have failed to give a Atlanta, Ga. work of art to which the name and
foster many publications, including proper perspective. The public is Georgia's House of Representatives reputation of the artist is publicly at-
tached are obligated to "maintain
'The Tax Law Review'; 'The Annual convinced that there will be a great passed and sent to the -State Senate a without wilVul
alteration,
Survey of American Law,' which aims increase in gift shipments. Actually bill providing for a 3 per cent general obliteration or destruction"mutilation,
recent estimates point to a decline sales tax. - the ar-
to present yearly the current develop- tist's work. He based this argument
ments of American law; and tran- of about 50% below the 1946 level.
The far more important part of on the dictates of "custom and usage."
scripts of conferences and institutes.
foreign demand is financed either Sanford G. Etherington, president
An institute on Inter-American law Mitchell Bill Will of the church's board of trustees,
will also be organized to deal with by exports to the United States -or which approved the effacement, said
the comparative study of the leading by 'the reduction of foreigners' assets Impose Strict Hotel that the painting was property of
subjects of Latin-American common and loan credits. This reduction in Fireproofing Controls
the congregation and "we could chop
-and civil law. It is also proposed 1946 amounted to about $5 billion
and will be heavy again in 1947. Mr. it up with an axe if we wanted to."
that an institute -ofInternational Law Albany, N. Previously the pastor of the church,
Zelomek expects some future loans to Y.,
will be organized to equip leaders in The Mitchell bill, which would se- the Rev. Dr. Ralph W. Key, had com-
world affairs to better deal with be made, but doubts that they wifl verely enforce the fireproofing regu-
even begin to replace the liquidation plained that the mural interfered with
these issues. lations affecting New York City's his work and that the bare chest of the
"The law center will also under- of foreign assets and credits taking
place in 1946-47. "The shortage of hotels, has been passed by the State central figure of Christ was objection-
take to provide round table confer- Senate and referred to the Assembly. able.
ences at which the most experienced dollars abroad is real, and it will be This measure states that the fol- Mr. Crimi, whose lawyers are Burka
of our judges, legislators, legal edu- even worse by next fall." lowing specifications must be com- & Morrison, asked the court to direct
cators, social scientists, businessmen, I plied with in order to lawfully occupy the church to remove the paint from
and representatives of industry and a dwelling as a hotel: the mural and restore it, or permit
labor will work 'out the solutions to OPA Obtains First 1. The walls and ceilings of all him to remove it from the wall at the
some of the many legal problems that halls must be fire-retarded or sprink- church's expense.
beset the comnplex life of America Criminal Conviction By ler systems must be installed. Sprink-
Should the court uphold Mr. Crimi's
today." Veteran's Housing Law lers must be installed in kitchens and argument, a new legal principle, stat-
pantries serving restaurants in non- ing that an artist's works are an ex-
Newark, N. J. fireproof hotels. tension of his personality and cannot
Judge Thomas F. Meaney in United 2. At least two means of egress, be treated disdainfully by purchas-
Question of Bonus States District Court here has sen- including indoor or outdoor fire es- ers, would be established.
For War Veterans tenced two, men, convicted of fraud capes, must reach all floors of every
in selling a bungalow to a war veter- hotel more than three stories in
Referred to Election an at $1,500 over the ceiling price, to height. In non-fireproof hotels of Referendum to Decide Bonus
three months in prison. more than thirty rooms, an additional
Indianapolis, Ind. The men are William Stalford, stair or fire escape must'"be provided Pierre, S. D.
A measure providing for a referen- Newark lawyer and president and for each twenty bedrooms on any A resolution providing for a state-
dum at the next general election on general manager of the real estate story. wide referendum in 1948 on the ques-
the question of an Indiana bonus for office of Peterson & Stalford, and 3. All means of egress, except fire tion of a veterans' bonus program in.
World War II veterans was passed by Rubin Klass, a builder. A third man escapes, and all ventilating or eleva- South Dakota was passed by the
both branches of the State Legislature convicted in the case was placed en tor shafts are to be inclosed in fire- State Senate after having received
under suspended rules. probation for two years. He is retarding partitions. earlier approval by the House.
The measure was amended, in the Walter Happel, a salesman for Stal- 4. All doors must be fire proof and The proposal provides for a state
Senate to provide that, besides voting ford. self-closing. Transoms must be done constitutional amendment empowering
on the bonus, the elector may desig- The Office of Price Administration away with. Skylights over stairs and the legislature to incur indebtedness
nate the type of tax he prefers to meet reported that this is the first case of elevator shafts must be equipped with up to $30,000,000 for the bonus. It
the expense. The ballot will be count- criminal conviction under laws of the automatic devices to open them in would pay 50 cents a day to veterans
ed, however, if the voter does not indi- veteran's housing program. the event of fire, thus preventing for each day in domestic service ia
cate his tax preference. The men were found guilty by a blasts of compressed gases. the armed forces and 75 cents a day
Estimates are that a $300 bonus for jury -on Feb. 4 of selling a $9,000 5. Modern closed-circuit alarm sys- for overseas duty up to respective
Indiana veterans would cost the state bungalow for $10,500 to war veteran tems must be installed -on all floors, maximums of $500 and $650 for ser-
approximately $120,000,000. John C. Ciuba. together with standpipes. vice.

New Conciliation
Machinery Urged
for Labor Cases
Pennsylvania Legislation
Provides Various Methods
for Forestalling Strikes
Harrisburg, Pa.
Creation of new conciliation ma-
chinery designed to piomote stability
in labor relations in Pennsylvania is
proposed In a bill introduced in the
State Legislature by Senate President
Weldon B. Heyburn, Delaware coun-
ty.
The measure includes ways and
means of settling jurisdictional con-
troversies by permitting the labor
conciliator, who will head the new di-
vision, to hold hearings on juris-
dictional 4eputies or submit the con-
4uversy to a tribunal of the labor
organisation which has granted the
union charters.
Panel of Conciliators
Besides empowering the Governor
to name a labor conciliator, at a sal-
ary of $10,000 annually, the bill
creates a labor management advisory
cohnlittee of 12, equally divided, to
maintain a roster of persons quali-
fied to act as conciliators in individ-
tal dkmtes.
Features of the bill include a re-
itirement that-employes of labor or-
ganizations desiring a collective bar-
gaining agreement or any change in
existing agreements give .employers
30 days advance notice, with the duty
then falling upon labor and manage-
ment to reach an agreement in good
faith.
If no agreement is reached at the
end of the 30-day .period, the labor
conciliator is notified of the situation
and he takes jurisdiction in the dis-
pate. If representation is involved
the conciliator certifies the issue to
the Pennsyvania labor Relations
Board for a secret ballot.
Strikes and Lockouts
If the conciliator falls to bring
atout a settlement after the 30-day
period and a strike or lockout is de-
sired, written notice must la given,
but no strike or lockout called for
another 30 days.
After receiving notification of the
desired strike the issue is certified to
the Labor Relations Board, which is
ordered to hold a secret ballot within
10 days. No strike can be, held un-
less a majority of the employes so
vote.
Would Outlaw Closed Shop
Sante Fe, N. M.
A proposed state constitutional
amendment outlawing the closed shop
has been given fidal passage by the
New Mexico Legislature. It will be
voted upon by the electorate at the
next general election.
AMERICAN
AMERICAN LAW AND LAWYERS5
Legislative Trends in the States
A Guide to What's Coming in Laws and Regulations, Based on
a Continuing Study and Appraisal of Trends Developing Or
Already Established-This week, Laws for Freeways
By BETHUNE JONES
New York.
Legislation providing for limited-
access highways, designed to speed
traffic and promote safety by limit-
ing access and restricting roadside
uses, has been proposed in several
states this year, while other states
are proceeding with plans for the
construction of such facilities under
existing laws, a survey of develop-
ments in state capitals reveals.
Pending in the Oregon legislature
at this writing was a bill to make the
state's major highways "freeways"
or "throughways." Applying to both
existing and future roads, the meas-
ure would empower the State High-
way Commission to construct, desig-
nate and 'operate throughways, in
connection with which the owners or
occupants of abutting land have either
no right, or a limited right, of access.
Could Cut off Access
Under the bill, the commission
would be empowered not only to ac-
quire land but to acquire also the
owner's right of access to the
throughway. A limitation would be
set on the value of property to be
acquired. Before any five-mile, or
longer, segment of highway could be
designed as a throughway, appraisal
would have to be made'of all prop-
erty to a depth of 200 feet on both
sides. If this appraisal exceeded
$400,000 per mile that segment of
highway could be made a throughway
only with the consent of owners of
75 per cent of the front footage in-
Volved.
The Oregon bill provides for con-
struction of service roads in certain
cases for access by operators of road-
side enterprises and adjacent agricul-
tural -property. It also would re-
quire the commission to provide for
the intersection of throughways by
county roads.
Opponents Are Busy
Motor court operators and other
roadside businesses, who succeeded in
bringing about the defeat of a simi-
lar bill in the 1945 Oregon legisla-
ture, renewed their opposition to the
new proposal.
A measure introduced in the Rhode
Island legislature would bar commer-
cial enterprises, such as gasoline sta-
tions, from location on property ac-
quired by the state for construction
of a freeway. The state, under the
proposal, would have to proide ac-
cess roads from the freeway onto ad-
joining private property where fuel
and other service facilities could be
located. The state director of public
works would determine the location
and number of the access roads, and
also would be authorized to provide
signs indicating the location of facili-
ties.
Delaware Measure
Delaware's Highway Department
would be empowered to construct
LAW AND LAWYERS
5
Novel Measure Is
Proposed As Way
and designate freeways under a bill
introduced in that state's legislature.
to Aid Business
The term freeway would be defined
as "a state highway designed for Legislation Would Provide
through traffic over which the abuters for Control of Relations
have no easements or right of access of Manufacturers, Dealers
by reason of the fact that their
property abuts upon such highway, Madison, Wis.
and which access may be allowed only Broad state control over dealership
at highway intersections designed by relations of manufacturing concerns
the State Highway Department so and their representatives is proposed
as to eliminate cross traffic of vehi- by a bill pending in the Wisconsin
cles." Legislature which would provide that
Some 1,000 miles of limited-access no manufacturer or factory repre-
highways are now in operation in sentative could operate in Wisconsin
the United States, with 24 states al- without obtaining a state license.
ready having authorized such high- The proposed legislation would
ways. New Jersey, New York and enable the state to deny licenses to
a number of other states are cur- manufacturers which could not prove
rently constructing or planning such financial responsibilty, to those can-
highway development. ceiling a dealer's or distributor's
agreement "without provocation" and
Only Way to Meet Needs
to those attempting to "coerce" a
In a recent address before the dealer.
Northeast 'States Highway Confer-
ence, Thomas H. McDonald, director Thirty Days for Inquiry
of the U. S. Bureau of Roads, as-
Introduced by Senator Hilker,
serted that limited-access roads are Racine, the bill would set a $10 fee
the only recent improvement in high- for licenses, which would be issued by
way desigh that can take care of the the State Banking Committee. The
nation's mounting traffic volume. agency would have 30 days after ap-
Describing freeways ani parkways, plication for a license in which to in-
which eliminate grade crossings and quire into the solvency, financial
traffic signals, as the answer to the standing and other matters concern-
safety challenge, McDonald said they ing the applicant.
reduce driver fatigue, can carry a far The measure would cover any
greater capacity than other roads and manufacturing concern or representa-
provide the advantage of lower motor tive offering franchises to or making
vehicle operating costs. He further selling agreements with dealers. It
contended that their maintenance is would provide for fines of $50 to $1,-
lower, they increase the value of near- 000 and a year's jail sentence for
by real estate and that functionally, violations.
they will be as useful 50 years hence Could Require Bonds
as when constructed.
The Banking Commission would be
empowered to require bonds of $5,-
Increases Realty Values
McDonald advised highway officials 000 to $15,000 from any firm whose
to buy sufficient width when freeways financial responsibility was doubted.
or parkways are planned so that ad- Under the bill, state licenses, with-
ditional lanes can be added in the out which manufacturers or their
future. He said construction of the representatives could not operate in
Sawmill River Parkway in New York Wisconsin, could be denied, suspend-
increased nearby real estate value 12 ed or revoked for any of seven
times and that the cost of necessary reasons.
land now would be prohibitive if it Nonrenewal of a franchise or sell-
became necessary to widen the park- ing agreement without "just provo-
way in the future. cation" is declared to be an evasion
of the act.
As to operational costs, McDonald
said that while 12 miles a gallon
was a, good average on an ordinary
highway, operators get up to 20 miles 21-Year Old Joke Over
on parkways and freeways. He de-
clared that these highways have far Norristown, Pa.,
A woman has brought suit here
fewer accidents although speeds are
for the annulment of her marriage
generally greater. f..u .~~-oeyasao h
Aside from bills to authorize lim- petitioner, Mrs. Margaret Donnelly
ited-access highways, a number of McCrossan, said that "The ceremony
1947 state legislatures have been con- was carried out in the spirit of jest,
sidering various other types of pro- and there was no intent at that time
posals relating to roadside use. or any time since then to contract a
To Beautify Roadsides valid and binding marriage. Imme-
The Texas Roadside Council is diately after the ceremony she re-
seeking the enactment of legislatio turned to the home of her parents in
to regulate the location of junk yards Philadelphia, and has never at any
(Continued on Page Seven), time lived with the respondent."
I AMERICAN LAW AND LAWYERS

Apartment House Owners Granted Right to Strikes in Public

Bar Door-to-Door Evangelistic Campaigns
New York. Justice Pecora, in the course of his
Utility Services Will
Now Be Felonies
Making the Record
'The right of apartment house own- 15-page opinion, said that the sect's
ers to bar religious sects from con- literature generally condemned al. Lansing, Mich. (This is the tenth of a series of
ducting door-to-door evangelistic religion "as a desolate thing, a snart A bill that would make a felony articles reprinted by permission from
campaigns in their buildings has been and a racket." The justice addee out of pulling switches to shut off the copyrighted booklet "Making the
upheld in a decision handed down by that "While plaintiff's literature also public utility services was passed by Record" published by the National
Justice Ferdinand Pecora, of the Su- declares that all organized govern- the Michigan Senate and sent to the Shorthand Reporters Association).
Iprene Court, here. Justice Pecora ments and their agencies are part of House. Again, counsel will say "off the
also held these owners can adopt rules Satan's invisible government on earth, Terming the bill a blow at "union
governing any kind of canvassing on they come before this court-which racketeering and hoodIumism," Sena- record," the signal for the reporter
their properties. to lay down his pen. Discussion con-
according to their 'beliefs is an instru- tor Frank Heath, Bay City, said it
tinues apace until, aften ten or fit-
The decision was based on a suit ment of 'Satan's government-and in- would protect the people from im- teen minutes, counsel becomes aware
brought last June against the Metro- voke its powers for their protection. position by strong-arm methods in that something of importance to him
politan Life Insurance Company, "The court, 'of course, recognizes the unions. He asserted that "90 per
is not being recorded.
owners of the Parkington housing de- that the plaintiffs are entirely justi- cent of the strikes of the last four The resulting dismay of counsel
velopment in the Bronx, by the fled in seeking its protection in the years have been started by strong- could easily be obviated by a word
Watehtower Bible and Tract Society, exercise of their right which they arm methods." to the reporter: "I want this on the
Inc., in behalf of Jehovah's Witness- claim to have under the Constitution The bill was sonsored by Senator record," or even a sign of the hand
es. The sect had asked that the of our government, even though they Dion VanderWerp, Fremont, who said to the guardian of the record that
Metropolitan be restrained from in- regard that goyernment as dominat- it was intended "to settle labor dis- recording should be resumed.
terfering in its campaigns and had ed by Satan." putes around the collective-bargain- Other than by the phrase "Discus-
sought a court declaration main- ing table" and would "protect the sion off the Record" which the re-
taining its right to advance its cause people of Michigan from being cut porter is compelled in self-protection
among the tenants 'of Parkehester as Bill Would Empower off from utility service in soipe labor to indicate in his transcript, many
a matter of free speech. Cities to Acquire, dispute." hiatuses and failures to connect re-
Justice Pecora pointed out that the Clear Slum Areas Only Senate opponent of the bill main unexplained.
60,000-membered-sect had concen- was Senator Joseph Brown, Detroit, In cases involving abstruse termi-
trated its door-to-door evangelistic Austin, Tex. who called the measure unfair and nology, trade names or foreign names
teachings on Parkehester three years 'Gities would be empowered to ac- a needless 'duplication of laws al- (technical, patent, international liti-
ago, at which time the owners inter- quire and clear slum and blighted ready on the "big thick books." He gation), the trial of a lengthy action
vened upon complaints of tenants. areas under a 'bill introduced in the unsuccessfully sought to amend the will be facilitated if in the course of
Since that time these same owners Texas Legislature by -Senator Fred bill to make it inoperative in times preparation a glossary of unusual
have conducted a written poll of ten- Harris and Rep. George Parkhouse, of strikes. terms is prepared and handed to the
ants as to whether they desired both of Dallas. reporter at the outset. This will
periodic visits from the sect, to which Besides allowing cities to condemn enable the reporter to become se-
Wage-Hour Bill Dropped
only a few replied in the afirmative. such land and clear it of buildings, quainted with the words, names,
On the basis of that evidence, Jus the bill would empower the cities to Santa Fe, N. M. spelling, etc., and will forestall inter-
tice Pecora said that as the tenants sell or lease the land to private en- A state wage-hour bill was killed by ruption during the progress of the
the New Mexico Senate through the
had a right to indicate their individual terprises for use consistent with de- trial.
preference, "it follows that the regu- velopment plans formulated by the adoption of an unfavorable commit-
lation by Parkehester against any city. The cites could place utilities, tee report.
door-to-door campaign does not de- construct sewers, reconstruct streets
i th lntiffs of their right ofn and make improvements on the land. MD's, Lawyers, Dentists
prve
freedom
e fredomof
p-fsfterA+Fo
peehof res an o should The low-cost
measure houses
would be provide on Court Upholds City's
placed-that' Receive Best Pay,
worship."the cared area they be let t low Right to Tax
rent. It would be stipulated that no Alcoholic Beverages
Tax Report Indicates
Los Angeles.
New Jersey Bar family could
income in such
live -or
was five more houses
whose
times great- 'Baltimore, Mid. Doctors, lawyers and dentists
Protests Bill to er than the rental, unless there were Constitutionality of Baltimore's are the highest paid professional
groups in Los Angeles if the occu-
Revise Banking Law ily. more
or -the
three In case, in-the
children
-latter
fam- new
theincome city tax
was upheld by on
alcoholic beverages
Circuit Judge Herman pation tax payment report for May
27 last year to Jan. 31, 1947, sub-
Trenton, N. J. could be six times the amount of the M. Moser. mitted to the City Council is any in-
New Jersey's State Bar Associa- rental. Validity of the ordinance had been dication.
tion has announced its disapproval others, trading as Ace Liquors, Bal.
of a. bill to revise the state's bank- Cities and Counties timore who contended that the mu. The, report disclosed the city was
paid $421,331.48 in occupation taxes
ing law as introduced in -the
ingilawur as inrouednate State
rstatet Kept From Levying nicipal levy of 50 cents a gallon was
property tax and, therefore, con-
during that period. The tax is $12
Legislaturea on the first $12,000 or less of gross
Charles X. Barton, Passaic county. Local Income Taxes stituted double taxation. annual fees of compensation earned
"We particularly disapprove of the Madison, Wis. This argument was rejected by plus, $1 per $1000 or fractional part
provisions which would change the A bill prohibiting Wisconsin cities Judge Moser, who pointed out that thereof in excess of $12,000.
uniformity of the uniform negotiable and counties from levying local income the ordinance was passed under tax-
instruments art, also any provisions taxes was passed by the lower branch ing powers granted by the Maryland During the period reported upon,
by which fidruciarius are relieved of of the State Legislature after having Legislature at a 'special session in 2817 physicians paid $64,084 while
liability," the bulletin said. "This earlier been approved by the Senate. 1945. The tax is imposed on all al- 2430 attorneys paid $45,687. The
bill is so comprehensive that it should Several Wisconsin cities, including coholic beverages sold or delivered by city's 1426 dentists paid $27,197.
be most carefully studied." Milwaukee and Madison, had consid- wholesalers to retail dealers in Bal- Real estate men paid more in taxes
The association also announced its ered the adoption of such levies as a timore city. -some $69,689-but there were more
opposition to a bill to permit the can- new source of local revenue. "The crux of the plaintiffs points of them, some 4752.
cellation of building and loan asaccia- A Ifissouri court recently held that in argument was that the ordinance
tion mortgages by the signatures of a St. Louis municipal income tax was imposes a direct tax upon property Others in the higher income brack-
two officers or assistant officers, unconstitutional. Such levies are cur- and is not an excise, privilege or use ets included 1308 accountants and
"This," thebulletin said, "would open renty affective in Philadelphia and tax. It appears to this court that the auditors paying $23,554; some 1844
the door for fraudulent cancellation Toledo, however, and have been con- position of the plaintiffs is not con- beauty parlor operators paying $18,-
of mortgages. The public is better sidered by many other cities through- sonarit with the law or facts," the 249; and 1365 barbers paying $17,-
protected under the present law." out the country. Icourt said. 249.

Judge Rules That Upholds Law Against
Army Imprisonment Is Women's Working In
Not 'Military Service' Restaurants at Night
Philadelphia.
A respondent in divorce, who is a
prisoner in the United States Dis-
ciplinary Barracks of the Army Serv-
fee Forces under sentence for deser-
tion in time of war, is not entitled
to the benefits of +he Soldiers' and
Sailors' Civil Relief Act of October
17, 1940, as amended, it was held by
President Judge Curtis Bok, of Com-
mon Pleas Court No. 6, in an opinion
Just handed down in the case of
Stevens v. Stevens,
Judge Bok summarized his holdings
as follows:
"We cannot imagine, although we
can find no case precisely in point,
that imprisonment in a military pris-
on for desertion could be considered
as 4military service'. If anything, it
is the result of refusal or failure to
perform such service, and it is cer-
tainly .not within the named list of
situations that are expressly held to
be considered military service, name-
ly, absence from duty on account of
sickness, wounds, leave, or other law-
hul cause. Since the stated purpose
of the act is to allow its service men
to devote all their energy and effort
to the country's military needs, a per-
son who deserts its needs has no
reason to expect protection."
Would Change Election System
Montgomery, Ala.
Appearing before the interim Ju-
dielary committee of the Alabama
*egislature, William Logan Martin
of Birmingham, president of the State
Bar Association, outlinpd a proposal
to give the State Supreme Court
more rule-making authority to deter-
mine court procedure and another
suggestion for revising the system of
eleeting judges in the various courts
of the state.
To replace Alabama's present sys-
tem of electing judges by popular
vote, Martin proposed adoption of the
"Missouri plan."
I -
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534 Sycamore Street
Cincinnati 2, Ohio.
Gentlemen:
Please enter my name for a three months' trial subscrip-
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AMRCUAar
Hartford, Conn.
Constitutionality of a state law for-
bidding the employment of women in
restaurants between 10 p. m. and 6
a. m. was upheld by Superior Court
Judge John A. Cornell.
The plaintiffs sought to prevent en-
forcement of the statute in question
on the ground it was discriminatory
against restaurants because there was
no provision which prevented the em-
ployment of women in hotels during
the same hours.
The court pointed out that in addi-
tion to restaurants the law forbids the
employment of women after 10 p. m.
in several other kinds of business. He
said that the mere fact that the Gen-
eral Assembly had refrained from ex-
ercising its power to regulate em-
ployment in hotels was not evidence
of discrimination.
The statute was adopted to safe-
guard the health of women, the court
said, in the exercise of but a small
part of the legislative authority.
Electorate to Vote
On The Removal
Of Divorce Ban
Columbia, S. C.
A Joint resolution providing for a
vote at the 1948 general election on a
state constitutional amendment to re-
move -South Carolina's 52-year-old ban
on divorce was passed by the State
Senate.
The resolution previously had been
approved by the House but was re-
turned to that body for concurrence
in an amendment which removed in-
curable insanity from the list of
grounds on which divorce would be
obtainable. Besides insanity, the res-
olution, as passed by the House in
its original .form, specified divorce
grounds as adultery, desertion, physi-
cal cruelty and habitual drunkenness.
South Carolina is now the only state
NAM Leader Seeks
with a complete ban on divorce.
To Replace Tariffs
11 Through Trade Group
194L...
......................................New York.
. . . . ------..---
.9
Awn IvAwVVRS
Court Upholds Los Angeles School Plan
For Co-ordinated Religious Education
Legislative Trends
(Continued from Page Five)
and is promoting efforts for the volun-
tary removal of outdoor advertising
which obstructs the view of motor-
ists. The organization also is spon-
soring a program calling for the
planting of flowering shrubs or trees
on property adjacent to highways as
a living memorial to World War 11
veterans.
An expanded roadside improvement
program is being conducted by the
Florida Road Department, which is
constructing wayside parks and picnic
grounds as memorials to war vet-
erans.
Bills to regulate outdoor advertis-
ing were introduced in the 1947 leg-
islature of several states.
Bill Would Permit
Government Workers to
Receive Cash Benefits
Washington.
Represensative Keating of New
York has introduced in the House a
bill .which would permit a government
worker who leaves the federal ser-
vice after five years to get the cash
value of his retirement fund, if he
wishes it.
Under the present laws, an em-
ploye who retires from the service
after having served less than five
years is entitled to have returned to
him the deductions which have been
made from his pay, with four per cent
compound interest.
But if he has served more than
five years, Mr. Keating explained,
"he cannot withdraw a penny under
any circumstances, and must wait
until he reaches 62 years of age,
when he becomes entitled to an an-
nuity."
That "America's best hope" for
developing fdreign trade is through
establishment of the proposed Inter-
national Trade Organization, was the
statement made here by Herbert H.
Schell, president of Sidney Blumen-
thal and Company and a director of
the National Association of Manufac-
turers, while addressing a collateral
group of the National Association of
Wool Manufacturers.
Mr. Schell warned that United
States traiffs are outmoded and are
ascribed a more important place in
our economic discussions than the
realities warrant. He added that our
almost continuous public tariff debate
I
Los Angeles.
Constitutionality of Los An-
geles city school's system "release
time" plan for religious education
was sustained by the District Court
of Appeal.
The court declared that the plan,
under which children are released
from school for religious training
with parents' permission, is valid un-
der both the California and the Unit-
ed States Constitution.
There is no appropriation of pub-
lic money to support any sect or de-
nomination and "there is no teaching
of sectarianism in the school system
of Los Angeles county," the court
pointed out.
The Appellate decision upheld Sec-
tion 8286 of the Education Code,
adopted in 1943. The L. A. City Board
of Education adopted a plan under
this law by which children are segre-
gated in the schools according to re-
ligion and then released early from
school one day a week to attend re-
ligious classes. Those not attending
religious classes must remain for the
school day.
The Appellate Court relied prin-
cipally on opinions from New York
and Illinois to sustain its ruling.
"No one who keeps pace with the
trends of modern society can deny
that instruction to the youth of a
state in faith and morality is of ut-
most necessity and importance," Jus-
tice Drapeau's opinion said. "All too
regretfully it must be said that in
present day American life the family
as a unit has not done its part in this
vital field of education of our boys
and girls. Else juvenile courts would
not be groaning under an avalanche
of oases of derelictions of children.
"What more logical advance could
be made in the science of sociology
than the unification of religious lead-
ers in a coordinated effort to teach
children faith and morality - and
for that purpose to excuse them from
schools for one hour a week to go to
the church or tabernacle or synagogue
of their parents' choice."
for the last 50 years "has produced
an annual crop of self-styled tariff
experts, the great majority of whom
know little about international f-
nance and trade."
Mr. Schell attacked currency
manipulations, exchange controls, car-
tels, state trading, government sub-
sidies, and commodity agreements by
saying that these curbs are designed
to determine "who can buy what from
whom, for how much and how it is to
be paid." He also advocated the fu-
ture expansion of foreign trade with-
out any artificial devices being im-
posed that would restrict the maxi-
mum flow of goods. He said the
United States tariff has become a
liberal device compared with the sys-
tems of restrictions found in other
nations.
a AMERICAN LAW AND LAWYERS
S AMERICAN LAW AND LAWYERS

Mental lealth Psychiatrist Claims Sex Criminals Can't

Be Cured, Advocates Their Imprisonment iome Breaker
Problem Gets Ohicago.
That sex criminals never can be
cured and should be put behind bars
confined until permanently cured,
and he added:
"For my part, I should say that a Can Be Sued
Solons' Study for life, was the statement made here
by Dr. Hary Hoffman, noted psychia-!
trist. Dr. Hoffman is State Alienist
sex psychopath never recovers. Indi-
viduals showing pathological or ab-
normal sex tendencies who have once by Children
Legislatures in at Least and director of the neuropsychiatric been committed should never be re-
institute of the University of Illinois. leased or paroled. Illinois State Court Lines
15 States Are Aroused to He said that "countless thousands of "As things stand now, we can't do up Behind Federal Ruling
Seriousness of Situation persons with abnormal sex tendencies anything to these people until a crime in Passing on Novel Point -
are permitted to menace society sim- is committed - and even then we can't
VARIOUS APPROACHES TRIED ply because they have not yet commit- do enough," Hoffman said, and addeg, NEW IDEAS ABOUT FAMILY
ted a criminal act or have served their "Under his constitutional rights, a
Chicago. terms and have been let go to do the man can't even be forced to submit to Ottawa, Ill.
Ten million of the current U. S. same thing all over again." a psychiatric examination." In the first case of its kind in Il-
population will be so crippled by men- Dr. Hoffman suggested that society Dr. Hoffman explained that the dif- linois state courts, the iSecond Dis-
tal illness as to require hospitaliza- could best protect itself from these in- ficulty encountered in keeping sex psy- trict Appellate Court declared that
tion sometime during their lives. One dividuals by demanding legislation chopaths confined after they come up children have a right of action against
of every five families in the nation providing that known sex offenders be for parole or probation lies in the fact one who disrupts the family unit.
will be affected. that these persons. "make model pris- The court, reversing a dismissal
The Council of State Governments oners, and their prison records. are of a suit in which $25,000 damages
reports that mental care issues di- nearly always good because theyve was sought for each of five children
rectly related to this appalling pre- Bill Would Make had no opportunity to give vent to from a woman accused of luring the
diction, rade by the National Com- Charitable Corporation their urges." father away, followed a similar rul-
mittee for Mental Hygiene, are being He said that parole boards, because ing some months back by the Seventh
studied by at least 15 legislatures
Liable for Negligence
they are usually impressed with a U. S. Circuit 'Court of Appeals at
now in session. Legislative investi- good prison record, "forget what Chicago.
gations, coupled with plans for im- Hartford, Conn.
A bill to make hospitals and other caused the man's confinement in the Co-operative Enterprise
proved mental care, are underway or first place." In the present decision Appellate
being acted on in Arkansas, Cali- charitable corporations liable for neg- He concluded by stating that "Se- Judge George W. Bristow observed
fornia, Iowa, Missouri, Oklahoma, and ligence suits was unfavorably report- ence can't cure or help these individu- that there had been a change in the
Nebraska ed by Connecticut Legislature's Ju-
diciary committee. als. Laws must be passed to see that conception of the family, which is
Other States Alerted society is protected." now regarded as "a co-operative en-
Requests for legislative action to 'Only proponent of the bill at the terprise, with correlative rights and
better mental care facilities also are hearing was Francis P. Pallotti, Hart- duties among all members thereof."
being made by state officials, civic ford attorney, who said -it was intro- Pointing out that -both civil and
groups, and legislators in Illinois, In- duced at his request as a result of Alabama Judge Says criminal statutes have been enacted
diana, Maine, Maryland, Minnesota, the death 'of five newborn babies at Women Jurors Would to protect children from physical
Ohio, Pennsylvania, and Wisconsin. a New London hospital some time abuse and neglect, Judge Bristow re-
Limited action has been taken al- ago because of being given a wrong Aid Jury System marked that while children generally
ready this year in some of these type of medicine. "I believe the contribute only companionship and
states. An 481 million mental care time has come to change the law," Montgomery, Ala. inspiration to the famly circle they
construction program is now under- he said. "There was no recovery for "If our Alabama laws would permit are. entitled to both the tangible and
way in New York. the deaths, and that was a rank in- the women of the state to serve on
intangible benefits of family 'life.
Massive proportions of the prob- justice." juries, our jury system, and it is the Right of Children
lem are indicated further 'by the fact Appearing in opposition to the bill, most important institution we have Thus the children can claim not
that there are more hospitalized men- F. H. Wiggin, representing Grace today, would be strengthened and Al- -only food, clothing and shelter, but
tal patients in the U. S. than there Hospital in New Haven, said hospi- abama would take a progressive and the equally significant elements of
are patients in all the nation's gen- tals were not engaged in "making a enlightened step." affection, moral support and guidance
eral hospitals. The great majority profit, and we can't in a hospital This is the opinion of Judge Walter from both parents, the court declared.
of the 600,000 mental hospital cases tell a physician what to do. Don't B. Jones. Judge Jones has been an "Defendant's conduct resulted in
are in state institutions and more expose the hospitals to a flock of law- Alabama circuit judge for 27 consee- the destruction -of the children's fam-
than 125,000 patients are admitted suits." utive years and is the founder and ily unit-that fortress within which
annually. editor of The Alabama Lawyer, of- they should find comfort and protec-
Budgets Rising Sharply ficial magazine of the Alabama State tion at least until they reach matur-
Mental care budgets are rising other psychiatric workers are being Bar. ity-and deprived them of the un-
sharply. The average patient's stay given high priority. "I have every confidence," contin- tinting financial support heretofore
in a etate mental hospital is between Mental hygiene plans in some ued Judge Jones, "in the ability of contributed by their father, as well
four and five years. Costs to tax- states go farther with recommends- the women of our state to make good as of the security afforded by his
payers for each patient range from tions for more and bigger -out-patient jurors. Alabama needs in her jury affection and presence."
$5,000 to $7,000. clinics to serve victims of mental ill- boxes the common-sense, the ability, B. J. Knight, counsel for Miss Lush-
Majority of proposed state pro- ness who do not require hospitaliza- and the intelligence of her woman- man, said he would appeal to the
grams emphasize the "brick and mor- tion, and to help patients discharged hood. State Supreme 'Court.- (Johnson v.
tar" approach to mental health-con- from mental institutions adjust to "Their service on the juries of the Lushman).
struction of new hospitals and expan- normal living in their communities. state would bring to the administra-
sion of existing facilites. Yet there Some state mental health officials tion of justice here in Alabama their Co-operatives Defeat Bill
is a growing awareness among legis- also are stressing need for public great love of justice, their great de- Bismarck, N. D.
lators of the fundamental personnel education in the field of mental ill- sire that the rjght shall prevail over North Dakota's House of Represen-
problem involved. In several states, ness. Mental hygienists further en- the wrong, and I know the attendance tatives killed a bill to apply the state
requests for substantial pay increas- vision creation of state and local of the women of the state as jurors in income tax to earnings of co-opera-
es and special training programs for mental health officers, on a par with our courts will add dignity and better tives not distributed to patrons as
mental hospital doctors, nurses, and public officers. decorum to our court proceedings." cash.