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Constitutional Law-Conservation Of Waters-Validity Of Statute Limiting Riparian Rights
Constitutional Law-Conservation Of Waters-Validity Of Statute Limiting Riparian Rights
Michigan Law Review
By the common law a riparian owner on a non-navigable stream has a vested right in the continuous natural flow of the stream on or bordering his land. An Oregon statute undertakes to cut down this right; it provides that a riparian owner's vested right to the continuous flow of the stream is limited to such flow as is necessary to preserve to him the beneficial uses to which he is already putting the water. Inasmuch as the right to the full continuous flow as against non-riparian appropriators is really a right to insist upon the availability of the stream …
Constitutional Law - Regulation Of Employment Agencies - Denial Of License Where Field Is Overcrowded
Michigan Law Review
A Minnesota statute required the Industrial Commission to refuse to license an employment agency whenever the Commission should find "that the number of licensed employment agents . . . in the community in which the applicant for a permit proposes to operate is sufficient to supply the needs of employers and employees." Plaintiff's application was denied because the Commission found that sufficient agencies existed in the city of Duluth. In an appeal from a mandamus proceeding the Supreme Court of Minnesota held, Deveny, C. J., dissenting, that the statute denied plaintiff due process of law. The court reached this …
Constitutional Law - State Police Power - Regulation Of Advertising By Dentist
Constitutional Law - State Police Power - Regulation Of Advertising By Dentist
Michigan Law Review
Plaintiff, a practicing dentist, brought an action to enjoin the enforcement of a section of Oregon legislation regulating the practice of dentistry, which defined certain types of advertising and solicitation as unprofessional conduct and, as such, ground for the revocation of a license to practice. The section was upheld by the state supreme court and plaintiff appealed to the United States Supreme Court, alleging that the statute was unconstitutional in that it impaired the obligations of existing contracts and violated the "due process" and "equal protection" clauses of the Fourteenth Amendment. Held, that the statute was a valid exercise …
Constitutional Law -Validity Of State Mortgage Moratorium Statutes - Effect Of Emergency
Constitutional Law -Validity Of State Mortgage Moratorium Statutes - Effect Of Emergency
Michigan Law Review
A Maryland statute provided that mortgagees holding less than a 25 per cent interest in a mortgage could not have recourse to summary remedies for sale of mortgaged property during an emergency period declared to exist until June 1, 1935. Plaintiff, the holder of such an interest in a mortgage providing for summary proceedings for sale upon default, had the right to foreclose in this manner, mortgagor having defaulted, if the statute did not bar his action. Held, the remedies denied were so interwoven with the rights contracted for that the abolition of such remedies impaired the right, and …
Constitutional Law - Price Fixing - Limits Of Administrative Discretion
Constitutional Law - Price Fixing - Limits Of Administrative Discretion
Michigan Law Review
An order of the New York Milk Control Board prescribed a minimum selling price to be charged by wholesale dealers to their customers and also a minimum buying price to be paid by the dealers to producers. Competition fixed the minimum selling price as the maximum obtainable. Plaintiff, a wholesale dealer, could not operate at a profit and sued to enjoin enforcement of the order as arbitrary and hence violative of due process. Held, that upon these facts only, with nothing to show that efficient dealers could not operate profitably, the price limits were not arbitrary. Hegeman Farms Corp. …
Taxation-State Taxes Upon Federal Instrumentalities-Who May Raise Question Of Unconstitutionality
Taxation-State Taxes Upon Federal Instrumentalities-Who May Raise Question Of Unconstitutionality
Michigan Law Review
In connection with the performance of a contract with the federal government, the plaintiff corporation was required to pay a state sales tax on lumber, cement, steel and other materials used in the construction work. An action was brought to enjoin the collection of the tax and to have it declared unconstitutional as impeding and hampering the federal government in the performance of its governmental functions, and as depriving the plaintiff of its property without due process of law. Held, the plaintiff is not a proper party to raise the question of the constitutionality of the tax: first, because …