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Articles 1 - 30 of 30
Full-Text Articles in Law
Taxation - Constitutionality Of Statute Permitting Rebate On Payment Of Delinquent Taxes
Taxation - Constitutionality Of Statute Permitting Rebate On Payment Of Delinquent Taxes
Michigan Law Review
Defendant county demurred to plaintiff's claim for taxes paid under protest, arguing that ,the statute upon which plaintiff relied, one giving taxpayers the right to pay off delinquent taxes without interest and with a five per cent reduction in principal, was unconstitutional. The demurrer was overruled and defendant appealed. Held, that while the court feels that the law is entirely valid, the county is not entitled to raise an objection to it. Vance Lumber Co. v. King County, 184 Wash. 402, 51 P. (2d) 623 (1935).
Constitutional Law - Impairment Of Obligation Of Contracts Change In Statutory Regulations For Withdrawal And Payment Of Building And Loan Association Members
Michigan Law Review
Plaintiff became a member stockholder of the defendant building and loan association under a general Louisiana statute authorizing such corporations. This law provided for withdrawal of members, setting up a fund for payment to be made in order of notice of intent to withdraw. Plaintiff placed his name on the list, but before payment the statute in question was enacted and payment was refused. This statute abolished the liquidation fund and changed the order of withdrawal to a payment of 25 per cent of the claim at the head of the list, the claimant's name to be then placed at …
Constitutional Law-Termination Of Treaties
Constitutional Law-Termination Of Treaties
Michigan Law Review
The treaty power clause in the Constitution is more difficult to supplement by construction than most parts of that document because the mechanism set up was an innovation--a compromise between the tradition of executive treaty-making and the Colonial feeling that powers of government should be given to representative assemblies. There was no recognized institution to serve as a guide for interpretation as, for example, in the case of the jury trial clause. Furthermore, the dual nature of a treaty-it is a compact with the foreign power and also part of the municipal law-is a fruitful source of confusion. So it …
Constitutional Law - Due Process - Bank Receiving Deposits During Insolvency
Constitutional Law - Due Process - Bank Receiving Deposits During Insolvency
Michigan Law Review
An Ohio statute provided that an officer of a bank who received a deposit therein "when he has knowledge that it is insolvent" shall be subject to criminal liability. The defendant, a director of a state bank, was indicted under the statute for receiving deposits therein knowing the bank to be insolvent. The court of appeals reversed a decision of the common pleas court dismissing the defendant. On appeal the defendant contended that the statute violated the due process clause of the Fourteenth Amendment of the Federal Constitution in that the use of the word "insolvent," without providing a definition …
Criminal Law And Procedure - Non-Unanimous Verdicts - Constitutionality
Criminal Law And Procedure - Non-Unanimous Verdicts - Constitutionality
Michigan Law Review
An amendment to section 11, article 1 of the constitution of the state of Oregon permitted the concurrence of ten of the twelve jurors to control in criminal trials except in cases of murder in the first degree. It was claimed that this amendment discriminated against persons charged with second degree murder and in favor of those on trial for first degree murder, since in the latter case the jury could recommend life imprisonment which was the punishment prescribed in the former. The court held that there was no violation of the Fourteenth Amendment of the Federal Constitution. State v. …
Constitutional Law-Trade Regulation-Fair Trade Act
Constitutional Law-Trade Regulation-Fair Trade Act
Michigan Law Review
Plaintiff, owner of the exclusive right to sell certain popular trade-marked cosmetics in California, entered into a large number of contracts with wholesalers and retailers of that state, fixing the price at which those branded articles were to resell. Thereafter, pursuant to the provisions of the state Fair Trade Act, he brought suit to enjoin defendant, a retail druggist who had refused to make any such agreements and who, from sources unknown, had acquired such trade-marked articles, from reselling at less than the price stipulated in the contracts with others. A demurrer to the complaint was sustained, but on appeal …
Public Utilities - Charging Companies With Expense Of Investigation - Constitutionality
Public Utilities - Charging Companies With Expense Of Investigation - Constitutionality
Michigan Law Review
A Washington statute provides that whenever the public service commission shall deem it necessary in the performance of its duties to make any investigation or valuation of a public service company, the public service company shall pay the expenses reasonably attributable thereto. The statute provides that the commission, after giving an opportunity to be heard, "shall render a bill therefor or for such part thereof as it may find necessary and reasonable." In an appeal by certain public service companies from an assessment made by the commission, held, the statute was unconstitutional because of denial of equal protection of …
Constitutional Law - Minimum Wage Decision - Future Of Legislation By States
Constitutional Law - Minimum Wage Decision - Future Of Legislation By States
Michigan Law Review
The shadow of a thirteen-year old decision which many had hoped was laid forever again fell upon the field of minimum wage legislation as the Supreme Court invalidated the New York minimum wage law for women. With this holding, which came as a surprise to many, the issue of the constitutionality of minimum wage legislation was again thrust into the limelight, and with the two great political parties wrestling with the problem of party programs, the decision may have political repercussions, of a force as yet incalculable. Before considering the future of minimum wage legislation, let us take a brief …
Taxation - State Income Tax On Interstate Railway - Constitutionality
Taxation - State Income Tax On Interstate Railway - Constitutionality
Michigan Law Review
The plaintiff railway, doing local and interstate business, brought suit to recover payment made under a state net income tax measured by the difference between gross operating revenues for the whole business proportioned by the ratio of track mileage within and outside the state and operating expenses similarly proportioned. Held, such a formula for taxing the local income of a concern doing both intrastate and interstate business was not on its face invalid and the mere showing that the plaintiff's local costs were higher than the system average without also showing that intrastate revenues were not correspondingly greater did …
Constitutional Law-Police Power -Validity Of Compulsory Unemployment Insurance Act
Constitutional Law-Police Power -Validity Of Compulsory Unemployment Insurance Act
Michigan Law Review
Complainants asked for a declaratory judgment that the New York Unemployment Insurance Act is unconstitutional. They contended that the law, providing for the payment of limited unemployment benefits out of a fund raised by a uniform payroll tax imposed on all employers, takes property without due process of law. Held, that the law is valid, violating neither the state nor the Federal Constitution. W. H. H. Chamberlain, Inc. v. Andrews, 271 N. Y. 1, 2 N. E. (2d) 22 (1936).
Constitutional Law-Due Process--Nonresident Motorist Statute
Constitutional Law-Due Process--Nonresident Motorist Statute
Michigan Law Review
Petition for writ of prohibition on the ground that the notice provided by the Arkansas nonresident motorist statute did not meet the requirements of the due process clause of the Fourteenth Amendment. The statute required that service of process be had on the secretary of state and that the plaintiff send notice of such service to the nonresident defendant at his last known address by registered letter, and required that the defendant's return receipt or the affidavit of the plaintiff of compliance with the statute be filed in the office of the clerk of court. Held, the statute is …
Constitutional Law - Franchise Tax - Burden Upon Interstate And Foreign Commerce - Due Process - Equal Protection Of The Laws
Michigan Law Review
The state of California adopted a franchise tax which was based upon the corporations' net income apportioned according to "that portion which is derived from business done within the State." When this was construed to include not merely the income from intrastate business alone, but rather the income from both this and from all interstate and foreign business attributable to California, its enforcement was resisted upon the grounds that (1) so construed it was repugnant to the commerce clause upon the theory that it burdened interstate and foreign commerce, (2) it violated the due process clause upon the theory that …
Constitutional Law - Interstate Commerce - State Occupation Tax On Operation Of Radio Broadcasting Station
Michigan Law Review
A domestic corporation, owning and operating two radio stations, both broadcasting well beyond the state's borders, sought to enjoin the enforcement of an annual occupation tax equal to one per cent of gross income from business within the state. It was admitted that while a state might impose a property tax on a business engaged only in interstate commerce or a tax solely to support regulation in the exercise of the state's police power, an unapportioned gross income tax on a business engaged in intrastate and interstate commerce would be an unconstitutional burden on interstate commerce, although a net income …
Constitutional Law-Separation Of Powers-Legislative Right To Delegate Initiative Power To Public
Constitutional Law-Separation Of Powers-Legislative Right To Delegate Initiative Power To Public
Michigan Law Review
The act creating the Maryland Milk Commission provided: "The Commission, when requested by a substantial proportion of the producers and/or consumers and/or distributors in any marketing area, shall have power" to do a number of things pertaining to sanitary and trade conditions within the milk industry. Plaintiffs sought to enjoin the Commission from utilizing any power derived from such an act upon the ground that it contained an unconstitutional delegation of legislative power. Held, an invalid attempt to delegate legislative authority. The legislature, when acting in its law-making capacity, exercised a power conferred upon it by the people which …
Constitutional Law-Validity Of State Statute Forbidding Sale Of Prison-Made Goods Manufactured In Other States-Validity Of Federal Statute Permitting State Control Of Goods In Interstate Commerce
Michigan Law Review
Defendant was prosecuted in an Ohio court for selling in original packages goods shipped to him from an Alabama prison in which they were manufactured. The prosecution was under an Ohio statute prohibiting sale on the open market of goods, wares, or merchandise manufactured or mined wholly or in part in any other state by convicts or prisoners except those on parole or probation. Other Ohio statutes impose a like prohibition on the sale of convict-made goods manufactured in Ohio. The federal Hawes-Cooper Act provides that all goods, wares, and merchandise manufactured, produced, or mined wholly or in part by …
Constitutional Law - Bituminous Coal Conservation Act Of 1935 - Congressional Power Under The Commerce Clause To Regulate Labor Conditions In Local Industry And Fix The Price Of Sales In Interstate Commerce
Michigan Law Review
By its sweeping decision invalidating the Bituminous Coal Conservation Act of 1935, the Supreme Court precluded any future use of the commerce clause by Congress as a basis for federal regulation of labor conditions in local industry, whether on the theory that production is interstate commerce or that labor conditions directly affect interstate commerce.
Federal Gross Estate Tax-Constitutionality-Revocable Transfers By Way Of Trust
Federal Gross Estate Tax-Constitutionality-Revocable Transfers By Way Of Trust
Michigan Law Review
Five recent decisions of the United States Supreme Court, together with a decision of the United States Court of Appeals for the Third Circuit, have considerably changed some of the currently accepted theories regarding the taxability under the Federal Estate Tax of transfers reserving various degrees of control to donors, both with respect to what may be considered to be a sufficient reserved control and what the constitutional limits on the taxing power may be. Some perplexing questions have been settled by these decisions while others quite as vexing seem to have been raised and left for future determination.
Constitutional Law-Securities Act Of 1933-Right Of Registrant To Withdraw Registration Statement Filed With Commission
Michigan Law Review
Petitioner filed a registration statement with the Securities Exchange Commission covering a proposed issue of securities. After examining the statement, the commission concluded that it contained false and misleading information concerning certain material facts, and thereupon instituted a proceeding to compel petitioner to appear and answer certain questions pertinent to the papers filed. At the hearing, petitioner sought to withdraw the registration statement but was denied permission to do so. Upon application of the Securities Exchange Commission to the district court, an order was granted compelling petitioner to appear and answer the questions. On appeal to the Supreme Court of …
Municipal Corporations-Fencing Ordinances
Municipal Corporations-Fencing Ordinances
Michigan Law Review
Defendant city passed an ordinance which prohibited the erection of fences that exceeded four feet in height, or which were composed wholly or in part of barbed wire. Plaintiff was refused permission to build a woven wire fence, six feet high with barbed wire attached to arms extending inward at the top. Plaintiff thereupon sued to enjoin defendant city from enforcing this ordinance, claiming that it deprived her of property without "due process." Held, by the court, that the right to fence one's land is a right of property that cannot be unreasonably interfered with. The ordinance in question …
The Reduction Of Income Taxes Through The Use Of Trusts, William C. Warren
The Reduction Of Income Taxes Through The Use Of Trusts, William C. Warren
Michigan Law Review
Obviously the draftsmen of the first Revenue Act under the Sixteenth Amendment could not foresee every possibility of tax avoidance and adequately prevent such avoidance by express statutory provisions. Since the enactment of the Revenue Act of 1913, Congress has made constant efforts in each succeeding Revenue Act to close the loopholes discovered by tax lawyers. The success of these efforts has been most remarkable, particularly in comparison with the similar efforts of England under her income tax laws. Indeed, it may fairly be said that the enactment. of the Gift Tax Act in 1932 wrote the final chapter of …
Congress And The Appellate Jurisdiction Of The Supreme Court, Ralph R. Martig
Congress And The Appellate Jurisdiction Of The Supreme Court, Ralph R. Martig
Michigan Law Review
A democratic government such as ours, based upon the theory of popular sovereignty, presents many curious political phenomena. For example: in order to insure a proper balance of the powers, it has been necessary for the Supreme Court to assume the onerous task of passing upon the constitutionality of congressional legislation. It is unfortunate, but necessary, that the Court be obliged to exercise this power of judicial review at a time when the entire country is suffering from the effects of a severe and sustained economic depression. It is unfortunate, too, that the legislation under judicial examination should involve questions …
Future Interests - Effect Of Eminent Domain Proceedings
Future Interests - Effect Of Eminent Domain Proceedings
Michigan Law Review
This study is concerned with the effect of condemnation proceedings upon future interests. The problems which arise are chiefly whether the owner of a future interest has such an interest in land as to be awarded a share of the fund given as compensation for the land, and if he does have such an interest as to be awarded a share, how it will be determined or apportioned to him and at what time. The first part of the study is a consideration of the question: what types of future interests are compensable? The second part involves an examination of …
Municipal Corporations-Standards Required In Licensing Ordinances
Municipal Corporations-Standards Required In Licensing Ordinances
Michigan Law Review
Defendant appealed from conviction for operating a used auto business without obtaining a license for such business under a city ordinance requiring same to be granted by the city commission if in its opinion applicant was a proper and suitable person, the place to be used was proper, having in mind the nature and character of the business and possibility of commission of crime, and the sanitary facilities thereon were proper. There was no specific legislative grant for passage of such ordinance. Defendant's application was rejected by the commission mainly because of lack of proper sanitary facilities. Held, standards …
Constitutional Law-Application Of Joint Resolution Of Congress To Gold Clause In Bonds Of Corporations Of Other Countries
Michigan Law Review
Plaintiff, a South American corporation, brought suit to recover on bearer bonds of a Finland corporation sold to plaintiff in New York. The bonds contained the stipulation that they were to be paid "in gold coin of the United States of America of the standard of weight and fineness as it existed on July 1, 1924." Both the principal and interest on these bonds were payable in New York. Held, the Congressional Joint Resolution declaring gold clauses in obligations to be against public policy and providing for discharging such obligations on payment, dollar for dollar, of legal tender coin, …
Constitutional Law-Agricultural Adjustment Act-The General Welfare Clause And The Tenth Amendment
Constitutional Law-Agricultural Adjustment Act-The General Welfare Clause And The Tenth Amendment
Michigan Law Review
In what is without question the most important decision rendered in recent years the Supreme Court of the United States has swept away the legal basis of the Agricultural Adjustment Administration. The processing tax, an essential part of a plan for the control of production, has been ruled unconstitutional as involving an invasion of the powers reserved to the states. Unlike the case of Schechter Poultry Corporation v. United States, in which the National Industrial Recovery Act was held invalid by a unanimous Court, this pillar of the New Deal's vast recovery program was destroyed by a six-to-three decision, …
Constitutional Law-Martial Law-Suspension Of The Law
Constitutional Law-Martial Law-Suspension Of The Law
Michigan Law Review
Fifteen thousand workmen in a county struck, forced business houses to close, cut off the milk supply even to hospitals, threatened electric and water company employees with violence, stopped all transportation services, and congregated in mobs. On request of the local authorities the governor issued a proclamation suspending the right to carry arms, the right of assembly, and the right to enter or leave the county, and directed the military to disperse all crowds, picketers, or other assemblages. A striker imprisoned by the military forces sued to enjoin the governor and military officials from carrying out the proclamation on the …
Constitutional Law-National Power Over Navigable Streams - Property Clause - Corporations - Stockholders' Suit
Michigan Law Review
The recent decision of the Supreme Court in the TVA case raises issues of extreme importance not only in regard to the interpretation of the property clause of the federal Constitution, but also in regard to the requisites for a suit by minority stockholders of a corporation questioning the actions of the corporate management.
Constitutional Law-Due Process-Fair Trade Acts
Constitutional Law-Due Process-Fair Trade Acts
Michigan Law Review
The recent decision of the New York Court of Appeals in Doubleday, Doran & Co. v. R. H. Macy & Co., holding unconstitutional section two of the New York Fair Trade Act, presents another interesting aspect of the long struggle by manufacturers of widely known trade-marked articles to secure some adequate protection for themselves and the public against the destructive practice of retail price cutting.
Constitutional Law-Taxation-Equal Protection-Privileges And Immunities Under The Fourteenth Amendment
Michigan Law Review
Reports having shown that Vermont capital for investment purposes was, due to the existing tax system, being driven out of the state, and that it was difficult to obtain capital from outside at low rates, a statute was enacted which was expected to remedy the difficulties by providing that interest up to five per cent on loans made within the state should be exempt from taxation while income from loans made outside the state should be taxed at a set rate. In a proceeding to test the validity of the measure, the state court upheld the tax, but on appeal …
Banks And Banking-Constitutional Validity Of Statutes Allowing Reorganization Of Insolvent Bank
Banks And Banking-Constitutional Validity Of Statutes Allowing Reorganization Of Insolvent Bank
Michigan Law Review
A statute of Mississippi permitted the reopening of a closed bank, for the purpose of paying off creditors, upon terms proposed by three-fourths of the bank's creditors. The statute required that the proposition of the creditors be approved by the state superintendent of banks and confirmed by the court of chancery. Dissenting creditors opposed such a plan on the ground that the statute was unconstitutional because it impaired the obligation of contracts, and was contrary to the due process clause of the Federal Constitution. The court held that the statute was valid, that all it did was to change the …