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Constitutional Law

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Constitutional Law - Regulation Of Employment Agencies - Denial Of License Where Field Is Overcrowded Dec 1935

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 …

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Constitutional Law - State Police Power - Regulation Of Advertising By Dentist Nov 1935

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 …

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Utilization Of State Commissioners In The Administration Of The Federal Motor Carrier Act, Paul G. Kauper Nov 1935

Utilization Of State Commissioners In The Administration Of The Federal Motor Carrier Act, Paul G. Kauper

Michigan Law Review

The problem of securing effective governmental regulation of economic interests that overlap state boundary lines, while at the same time curbing the growth of a centralized bureaucracy and preventing the disintegration of local government, becomes daily more disturbing. For this reason the passage of the Motor Carrier Act in the closing days of the 74th Congress and its approval by the President on August 9, 1935, was an event of singular importance for students of American governmental administration. Important as the legislation is in its substantive aspects, it is equally noteworthy because of its administrative provisions. The striking feature of …

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"What Constitution Are You Talking About?", William L. Ransom Oct 1935

"What Constitution Are You Talking About?", William L. Ransom

Indiana Law Journal

Remarks of William L. Ransom, president of the American Bar Association, at the annual luncheon of the Indiana Bar Association, on September 7, 1935.

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What Constitution Are We Talking About?, Hugh S. Johnson Oct 1935

What Constitution Are We Talking About?, Hugh S. Johnson

Indiana Law Journal

Address by Gen. Hugh S. Johnson, former head of the NRA, delivered before the Indiana State Bar Association, September 6, 1935.

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Refunds And Recovery Of State Taxes Erroneously, Illegally, Or Unconstitutionally Imposed In West Virginia, Bernard Sclove Jun 1935

Refunds And Recovery Of State Taxes Erroneously, Illegally, Or Unconstitutionally Imposed In West Virginia, Bernard Sclove

West Virginia Law Review

No abstract provided.

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The Federal Control Of State Employees In Australia, Eric Armour Beecroft Jun 1935

The Federal Control Of State Employees In Australia, Eric Armour Beecroft

West Virginia Law Review

No abstract provided.

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The Land Book Assessment Amendment--Enabling Legislation, William H. Waldron Jr. Jun 1935

The Land Book Assessment Amendment--Enabling Legislation, William H. Waldron Jr.

West Virginia Law Review

No abstract provided.

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Constitutional Law--Equal Protection Of Laws--Graduated Gross Sales Tax, John L. Detch Jun 1935

Constitutional Law--Equal Protection Of Laws--Graduated Gross Sales Tax, John L. Detch

West Virginia Law Review

No abstract provided.

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Constitutional Law--Constitutionality Of The Hit-And-Run Drivers' Act Jun 1935

Constitutional Law--Constitutionality Of The Hit-And-Run Drivers' Act

Indiana Law Journal

No abstract provided.

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Constitutional Law--Due Process-The Known Use Of Perjured Testimony By The Prosecution Not An Orderly Course Of Procedure Jun 1935

Constitutional Law--Due Process-The Known Use Of Perjured Testimony By The Prosecution Not An Orderly Course Of Procedure

Indiana Law Journal

No abstract provided.

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In Re Todd And Constitutional Amendment, Carl L. Chattin Jun 1935

In Re Todd And Constitutional Amendment, Carl L. Chattin

Indiana Law Journal

No abstract provided.

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Constitutional Law-Chain Store License Tax As Applicable To Gasoline Filling Stations May 1935

Constitutional Law-Chain Store License Tax As Applicable To Gasoline Filling Stations

Indiana Law Journal

No abstract provided.

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Constitutional Law-Contempt Of Senate May 1935

Constitutional Law-Contempt Of Senate

Indiana Law Journal

No abstract provided.

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Has The Constitution Gone?, John A. Fairlie May 1935

Has The Constitution Gone?, John A. Fairlie

Michigan Law Review

As far back as 1828, Chief Justice Marshall is quoted as saying: "Should Jackson be elected, I shall look upon the government as virtually dissolved." A few years later, when Taney was appointed Chief Justice by Jackson, Daniel Webster wrote: "Judge Story thinks the Supreme Court is gone, and I think so too." Soon afterwards, when the newly constituted Court rendered decisions upholding statutes from which Story dissented, the latter wrote to Judge McLean: "There will not, I fear, ever in our day, be any case in which a law of a State or of Congress will be declared …

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Constitutional Law -The Railroad Retirement Act - Interstate Commerce - Due Process May 1935

Constitutional Law -The Railroad Retirement Act - Interstate Commerce - Due Process

Michigan Law Review

Serious obstacles were placed in the path of social legislation by the Supreme Court's decision holding the Railroad Retirement Act unconstitutional.1 To what extent the narrow view taken of the permissible field of regulation of interstate commerce will interfere with other legislation based on the commerce power remains to be seen. The majority of the Court, speaking through Mr. Justice Roberts, found the Act objectionable both as violating the due process clause of the Fifth Amendment of the Constitution and as not being a regulation of commerce under the commerce clause. Before taking up these two aspects of the case, …

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Constitutional Law -Validity Of State Mortgage Moratorium Statutes - Effect Of Emergency May 1935

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 …

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The Control Of Industry In A Federal System: A Chapter In Australian Constitutional Development, Eric Armour Beecroft Apr 1935

The Control Of Industry In A Federal System: A Chapter In Australian Constitutional Development, Eric Armour Beecroft

West Virginia Law Review

No abstract provided.

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Constitutional Law-Indirect Criminal Contempt-Publications Apr 1935

Constitutional Law-Indirect Criminal Contempt-Publications

Indiana Law Journal

No abstract provided.

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Constitutional Law--Freedom Of Conscience--Compulsory Military Training In Land Grant Colleges, Ralph M. White Apr 1935

Constitutional Law--Freedom Of Conscience--Compulsory Military Training In Land Grant Colleges, Ralph M. White

West Virginia Law Review

No abstract provided.

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Constitutional Law - Eminent Domain - Power Of Federal Government To Condemn Land For Slum Clearance Project Apr 1935

Constitutional Law - Eminent Domain - Power Of Federal Government To Condemn Land For Slum Clearance Project

Michigan Law Review

In proceedings by the United States government to condemn certain lands in the city of Louisville for the purpose of a slum clearance and low cost housing project, several property owners demurred to the condemnation petitions as being beyond the constitutional powers of the federal government. Although the United States contended that the property was being taken for a public use, in the sense of general public advantage, and that the project was a valid expenditure of public funds for the general welfare, it was held that this condemnation was not within the power of the federal government. United States …

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Constitutional Law--Contract Clause-Emergency Legislation Apr 1935

Constitutional Law--Contract Clause-Emergency Legislation

Indiana Law Journal

No abstract provided.

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Constitutional Law - Agricultural Adjustment Act - Validity Of Milk Licenses Under Section 8 (3) Apr 1935

Constitutional Law - Agricultural Adjustment Act - Validity Of Milk Licenses Under Section 8 (3)

Michigan Law Review

Pursuant to the authorization of Section 8 (3) of the Agricultural Adjustment Act, the Secretary of Agriculture issued a blanket license in the Baltimore Sales Area whereby the distributors of fluid milk or its products in the current of interstate or foreign commerce were subjected to detailed regulation of production and purchase and resale prices. The plaintiff dairy company, handling milk produced and consumed exclusively within the state, sought an in junction against the enforcement of the license. Held, in granting a final decree, that the plaintiff's activities were not in the current of and that they did not …

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Constitutional Law - Power Of Congress To Punish For Contempt - Power To Punish For Completed Acts Apr 1935

Constitutional Law - Power Of Congress To Punish For Contempt - Power To Punish For Completed Acts

Michigan Law Review

Petitioner was attorney for certain air lines and during the course of the "Air Mail" contracts investigation in the Senate in 1934 was ordered to produce certain correspondence. He delayed, claiming an attorney's privileges, and either he or his partner allowed clients to remove certain of the papers asked for from his files. Some of the papers were later returned by the clients, and others were destroyed. Petitioner was committed for contempt of the Senate and brought habeas corpus proceedings. Held, (1) neither the fact that an obstruction of legislative process has been removed or that its removal has …

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Constitutional Law - Price Fixing - Limits Of Administrative Discretion Apr 1935

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. …

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Constitutional Law-Service Of Process-Jurisdiction Over Non-Resident Acquired By Service Upon Resident Agent, Maurice S. Culp Apr 1935

Constitutional Law-Service Of Process-Jurisdiction Over Non-Resident Acquired By Service Upon Resident Agent, Maurice S. Culp

Michigan Law Review

Henry L. Doherty, a non-resident of the State of Iowa, did business within the state under the name of Henry L. Doherty & Co., with a district manager in charge of the office at Des Moines. Under the manager were clerks and salesmen engaged in the business of selling securities. One of these salesmen made an illegal sale to Goodman, and for damages resulting from the transaction Goodman brought suit in 1931, serving in the regular manner in accordance with the provisions of section 11079 of the Iowa Code the district agent at the Des Moines office. Doherty appeared specially …

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Constitutional Law-Police Power-Compulsory Military In Land Grant College Mar 1935

Constitutional Law-Police Power-Compulsory Military In Land Grant College

Indiana Law Journal

No abstract provided.

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Rights In Land - Lateral Support - Statute Increasing Common Law Rights And Duties - Constitutionality Mar 1935

Rights In Land - Lateral Support - Statute Increasing Common Law Rights And Duties - Constitutionality

Michigan Law Review

Plaintiff sued for damages to his building which collapsed during excavating operations on defendant's adjoining land. A Michigan statute makes it the duty of land owners excavating to a depth of 12 feet or more below grade level to furnish sufficient lateral support to protect adjacent land and structures thereon from injury "due to the removed material in its natural state, or due to the disturbance of other existing conditions caused by such excavation," and imposes liability for injuries due to failure to comply with the act. The excavation on defendant's land, reaching a depth of 14 feet below grade …

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Taxation-State Taxes Upon Federal Instrumentalities-Who May Raise Question Of Unconstitutionality Mar 1935

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 …

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Statutes- Constitutional Law - Legislative Action At Special Session Limited By Governor's Message Mar 1935

Statutes- Constitutional Law - Legislative Action At Special Session Limited By Governor's Message

Michigan Law Review

At a special session called by the executive to consider, among other matters, a bill "providing for the validation of bonds issued by a municipality under sufficient popular vote regardless of technical requirements," the legislature enacted a statute permitting validation of bonds even when issued without legal power, and the bill was approved by the governor. Pursuant to the statute, the common council of Detroit, in order to refund the city's bonded debt, approved the validity of the old obligations of the municipality, and petitioned for a writ of mandamus to compel the city controller to issue the refunding bonds …

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