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Constitutional Law

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Constitutional Law-Police Power -Validity Of Compulsory Unemployment Insurance Act Jun 1936

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).

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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 Jun 1936

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.

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Constitutional Law-Trade Regulation-Fair Trade Act Jun 1936

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 …

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Constitutional Law - Interstate Commerce - State Occupation Tax On Operation Of Radio Broadcasting Station Jun 1936

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 …

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Constitutional Law - Minimum Wage Decision - Future Of Legislation By States Jun 1936

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 …

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Public Utilities - Charging Companies With Expense Of Investigation - Constitutionality Jun 1936

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 …

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Constitutional Law-Separation Of Powers-Legislative Right To Delegate Initiative Power To Public Jun 1936

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 …

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Constitutional Law-Securities Act Of 1933-Right Of Registrant To Withdraw Registration Statement Filed With Commission May 1936

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 …

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Municipal Corporations-Fencing Ordinances May 1936

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 …

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The Ninth Amendment Of The Federal Constitution, Knowlton H. Kelsey Apr 1936

The Ninth Amendment Of The Federal Constitution, Knowlton H. Kelsey

Indiana Law Journal

No abstract provided.

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Constitutional Law-Invalidity Of The Frazier-Lemke Amendment To The Bankruptcy Act Apr 1936

Constitutional Law-Invalidity Of The Frazier-Lemke Amendment To The Bankruptcy Act

Indiana Law Journal

No abstract provided.

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The Reduction Of Income Taxes Through The Use Of Trusts, William C. Warren Apr 1936

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 …

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Constitutional Law--Power To Appoint Prosecuting Attorney Apr 1936

Constitutional Law--Power To Appoint Prosecuting Attorney

West Virginia Law Review

No abstract provided.

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Congress And The Appellate Jurisdiction Of The Supreme Court, Ralph R. Martig Mar 1936

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 …

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Public Policy--Rule Of Swift V. Tyson--Attorney's Fee Provision In Promissory Note Feb 1936

Public Policy--Rule Of Swift V. Tyson--Attorney's Fee Provision In Promissory Note

West Virginia Law Review

No abstract provided.

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The Power Of Federal Courts To Declare Acts Of Congress Unconstitutional, John H. Hatcher Feb 1936

The Power Of Federal Courts To Declare Acts Of Congress Unconstitutional, John H. Hatcher

West Virginia Law Review

No abstract provided.

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Constitutional Aspects Of The New Deal, Floyd E. Thompson Feb 1936

Constitutional Aspects Of The New Deal, Floyd E. Thompson

Indiana Law Journal

Address of Hon. Floyd E. Thompson, of the Chicago Bar, formerly Justice of the Supreme Court of Illinois and President of the Illinois State Bar Association, at the Mid-Winter meeting of the Indiana State Bar Association, February 1, 1936.

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United States Vs. Butler Et Al., Receivers Of Hoosac Mills Corporation, Ernest R. Baltzell Feb 1936

United States Vs. Butler Et Al., Receivers Of Hoosac Mills Corporation, Ernest R. Baltzell

Indiana Law Journal

No abstract provided.

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Municipal Corporations-Standards Required In Licensing Ordinances Feb 1936

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 …

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Future Interests - Effect Of Eminent Domain Proceedings Feb 1936

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 …

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Constitutional Law-Martial Law-Suspension Of The Law Jan 1936

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 …

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Constitutional Law-Due Process-Fair Trade Acts Jan 1936

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.

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A Sterilization Law For Kentucky--Its Constitutionality, Jay F. Arnold Jan 1936

A Sterilization Law For Kentucky--Its Constitutionality, Jay F. Arnold

Kentucky Law Journal

No abstract provided.

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Use Of Evidence Obtained By Illegal Search And Seizure, Hugh H. Broadhurst Jan 1936

Use Of Evidence Obtained By Illegal Search And Seizure, Hugh H. Broadhurst

Kentucky Law Journal

No abstract provided.

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The Constitution As A Continuing Principle In Government, Ethelbert Warfield Jan 1936

The Constitution As A Continuing Principle In Government, Ethelbert Warfield

James Goold Cutler Lecture

No abstract provided.

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Constitutional Law-National Power Over Navigable Streams - Property Clause - Corporations - Stockholders' Suit Jan 1936

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.

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Constitutional Law-Application Of Joint Resolution Of Congress To Gold Clause In Bonds Of Corporations Of Other Countries Jan 1936

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, …

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Constitutional Law-Agricultural Adjustment Act-The General Welfare Clause And The Tenth Amendment Jan 1936

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, …

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Banks And Banking-Constitutional Validity Of Statutes Allowing Reorganization Of Insolvent Bank Jan 1936

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 …

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Constitutional Law-Conservation Of Waters-Validity Of Statute Limiting Riparian Rights Dec 1935

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 …

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