Digital Commons Network^™

Unfair Competition, Edward S. Rogers

Michigan Law Review

In the recent case of Internationd Newes Seraice v. The Associated Press (U. S. Sup. Ct. Dec. 23, i918), suit was brought by the Associated Press to restrain the defendant from its systematic appropriation of complainant's news, first, by bribing employes; second, by inducing' Associated Press members to violate its by-laws and permit defendant to obtain news from publication; and third, by copying news from bulletin boards and from early editions of complainant's members' newspaper and selling this, bodily or after re-writing it, to defendant's customers. The question as to the right of complainant to relief against the third of …

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Agency - Respondeat Superior as to Liability of a Lodge for Negligence of a Subordinate Lodge - The Birmingham Lodge used what was called a "branding board" for initiating new members. A current of electricity was turned on for the purpose of creating on the blindfolded candidate an impression that he was being branded. This was so effective that it killed- one candidate. Nothing daunted by this the lodge tried it on another candidate, fifteen minutes later, possibly to see if it was still working. It was, and the administrator of the estate of the second deceased candidate now sues …

Note And Comment, Edson R. Sunderland, Horace Lafayette Wilgus, John B. Waite, Ralph W. Aigler, Joseph H. Drake

Michigan Law Review

Repeals by Implication - Prohibition in Michigan - At the November election of. 1916 the people of the state of Michigan ratified the following amendment to the constitution of that state: "The manufacture, sale, giving away, bartering or furnishing of any vinous, malt, brewed, fermented, spiritous or intoxicating liquors, except for medicinal, mechanical, chemical, scientific or sacramental purposes shall be after April thirty, nineteen hundred eighteen, prohibited in the State forever. The Legislature shall by law provide regulations for the sale of such liquors for medicinal, mechanica, cheinical, scientific and sacramental purposes."

Book Reviews, Horace Lafayette Wilgus, Willard T. Barbour

Michigan Law Review

This volume was prepared under the supervision of Colonel J. H. Wigmore. It was designed especially for the use of the Students' Army Training Corps, and was available for that purpose just about the time those Corps were" disbanded. The volume, however, is a very valuable source-collection for the use of anyone interested in Military and War-time Law,-the two parts into which the volume is divided. The first part includes legislative enactments, with extracts from the English Mutiny Act of 1688, from the United States Constitution, all of the Articles of War, and numerous extracts from the Revised Statutes of …

Letter From Attorney General Langer To L. F. Hinegardner Regarding State V. Stepp, March 26, 1919, William Langer

William Langer Papers

In this letter, dated March 26, 1919, from North Dakota (ND) Attorney General Langer to Sarles, ND resident L. F. Hinegardner, Langer acknowledges receipt of Hinegardner's letter "some time ago" and informs Hinegardner that he understands that new trial proceedings in the Stepp case are to take place shortly. He asks Hinegardner to let him know "if anything different from this should come up."

See also:

Letter from L. F. Hinegardner to Attorney General Langer regarding the Stepp Case, February 24, 1919

Religious Liberty In The American Law, Carl Zollman

Michigan Law Review

When the convention which framed the federal constitution assembled in Philadelphia in 1787 religious tests as a qualification for office were actually a part of the constitutions of most of the thirteen original states.' While Massachusetts2 and%,Maryland3 required from certain state officers only a declaration of a belief in the Christian religion, the fundamental law of Georgia, New Hampshire, New Jersey and North Carolina4 limited such belief to the Protestant religion and was designed to require a positive and affirmative test and not merely the negative qualification of not being a Roman Catholic.0 The Delaware, North Carolina and Pennsylvania constitutions7 …

Adminsration Of Justice In The Lake Michigan Wilderness, George Pickard

Michigan Law Review

There is a strange and quite unassembled story to be told of the part played by the administration of justice in the development of civilization out of the wilderness that surrounded the great Lake Michigan basin. This vast body of fresh water that now serves as an inter-communicating medium for great centers of modem life, was once only a great separating sea between long reaches of forests, infested with Indian tribes. Here and there were little clusters of cabins, inhabited by an adventurous people, who, within the span of two centuries, were submitted to the successive sways of three great …

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Following the decision of the United States Supreme Court that the Wilson Act did not affect interstate shipments of liquor until final delivery by the carrier, Rhodes v. Iowa, 170 U. S. 412, (898), Congress passed the Webb-Kenyon Act, 37 Stat. at L. 699 (1913). Meantime, in 1913, 35 Stat. at L. 1136, Sec. 239, it was enacted that it should be a penal offense for any carier or other agent, in connection with the interstate carriage of intoxicating liquors, to collect the purchase price from the consignee, or in any manner act as agent of buyer or seller, except …

Family Courts, Willis B. Perkins

Michigan Law Review

A great deal has been said, but very little has been authoritatively written upon the subject of Domestic Relations Courts in this country. So far as I know, no such court has yet been successfully established embodying the jurisdiction and powers the advocates of such a court claim it should possess. I am not unaware, however, that courts under the name ef Domestic Relations Courts have been established, notably in New York City and Cincinnati, and that certain Municipal Courts, notably in Chicago, have been given jurisdiction in certain family matters, but none of these courts, as at present organized, …

Note And Comment, Edson R. Sunderland, Abraham Jacob Levin, Ralph W. Aigler, Edgar N. Durfee

Michigan Law Review

New Trials for Technical Errors - A witness called to testify is presumed to be of good character. Hence no proof of it is necessary. But out of abundant caution this presumption is fortified by evidence. The witness is thus shown to be in fact exactly what the law presumes him to be. Result-the case is reversed for the commission of this grave and prejudicial error.-Lockett v. State (Ark. 1918), 207 S. W. 55.

Book Reviews, Horace Lafayette Wilgus

Michigan Law Review

Handbook of Military Law. By Austin Wakeman Scott, Professor of Law, Harvard University. Cambridge, Harvard University, 1918, pp. vii, 104.

Letter From Attorney General Langer To L. F. Hinegardner Regarding Acquisition Of Legal Transcript, February 14, 1919, William Langer

William Langer Papers

In this letter, dated February 14, 1919, from North Dakota (ND) Attorney General William Langer to L. F. Hinegardner of Sarles, ND in response to Hinegardner's letter of February 10, 1919.

Langer acknowledges receipt of Hinegardner's letter, as well as the enclosed statements from Mr. and Mrs. D** and Sarles village marshall Alvah Phillebaum.

Langer says that everything said during the proceedings should have been recorded by a stenographer, and says he will contact Judge Kneeshaw to request a transcript of the proceedings.

See also:

Letter from G. Grimson to Attorney General Langer Regarding Initial Proceedings in Stepp Case, January …

Letter From Sarles, Nd Village Marshal Alvah Phillebaum To Attorney General Langer, February 10, 1919, Alvah Phillebaum

William Langer Papers

In this letter, dated February 10, 1919, from Sarles, North Dakota (ND) Village Marshal Alvah Phillebaum to ND Attorney General Langer regarding difficulties in prosecuting "booze and gambling" cases due to interference from George McLean. Phillebaum also expresses concern and opinions regarding the "D** case" (State v. Stepp).

See also:

Letter from G. Grimson to Attorney General Langer Regarding Initial Proceedings in Stepp Case, January 18, 1919

Statement of Ernest and Matilda D** Regarding Initial Proceedings in Stepp Case, February 10, 1919

Letter From Mr. and Mrs. E. L. D** to Attorney General Langer Regarding Mrs. Hiram Stepp Threatening Their …

Letter From Mr. And Mrs. E. L. D** To Attorney General Langer Regarding Mrs. Hiram Stepp Threatening Their Pregnant Daughter, February 10, 1919, E. L. D**, Mrs. E. L. D**

William Langer Papers

In this letter, dated February 10, 1919, from Mr. and Mrs E. L. D** to North Dakota Attorney General William Langer Mr. and Mrs. D** report that Mrs. Hiram Stepp, knowing about the pregnancy of their daughter, threatened the daughter with "an awful beating" if she told her mother of her pregnancy, and wanted to "spirit" her away, promising her a home with them somewhere else.

Mr. and Mrs D** also make reference to the likelihood of getting "good evidence against Hiram Stepp on account of what he tried to do to to our younger daughter also who is only …

Letter From L. F. Hinegardner To Attorney General Langer Accompanying Statement From Mr. And Mrs. D**, February 10, 1919, L. F. Hinegardner

William Langer Papers

In this letter, dated February 10, 1919, from L. F. Hinegardner of Sarles, North Dakota (ND) to ND Attorney General William Langer, Hinegardner refers to an enclosed statement he took from Mr. and Mrs. D**'. He says he is also sending Ms. D**'s report card from her professor to explain why she was at a disadvantage. Hinegardner also asks for a copy of what Langer had from Mr. Grimson when Hinegardner was there.

The statement referred to as enclosed is not included here, but is linked below.

See also:

Letter from G. Grimson to Attorney General Langer Regarding Initial Proceedings …

Food And Fuel Control, William Barker Marvin

Michigan Law Review

In the present war, nationalization of industry and centralization of control have been found necessary to an extent never before attempted. The very vastness of the armies, and of the quantities of munitions and other supplies needed to keep the strength of the armies at its highest point required that the most efficient forms of industrial organization be sought out and utilized. In a nation with a single aim and a single will, that is, in a nation so organized as to wage successfully a modern war; the individual has had to sacrifice much for the good of the whole; …

Book Reviews, Willard T. Barbour, Joseph H. Drake

Michigan Law Review

Judge Story's work appeared at a critical period in Aterican legal history. The bitterness toward England which lingered after the Revolution, intensified by the unhappy war of 182, was no doubt responsible for the hostility toward and suspicion of that peculiarly English institution, the common law.' Evidence is not wanting that our courts were drifting away from the common law doctrines and becoming more -responsive to the appeals of civil law. There was thus furnished a condition favorable to the reception of Roman law through some French form such as the Code Napolion. English equity, in particular, stood in a …

The Seller's Action For The Price, John B. Waite

Articles

WHEN a contract of sale has been broken by the buyer, before title has passed according to the usual rules of presumption, there arises the very practical question whether the seller can sue him for the purchase price, as such, or is limited to a suit for damages only. In the latter case his damage may happen to equal the purchase price, but it is usually considerably less than that amount. If the seller can recover the purchase price, as such, it must be because that price is legally due him as a consequence of the contract. The ultimate inquiry …

Goodwill And Other Nondepreciable And Depreciable Intangible Property As Invested Capital, Frederick Thulin

Michigan Law Review

The subject of intangible property under the federal tax laws is somewhat misunderstood. Many errors of an important nature have undoubtedly been made in reference thereto. The purpose of this paper is to point out the situations as they often exist and to give practical suggestions as to how to handle them insofar as authorized by the law and the treasury decisions and regulations.

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Adverse Possession - Railroad Right of Way - Defendant, by deed, acquired. title to a right of way, fifty feet wide and fenced within four feet of the line. Plaintiff owned the adjoining tract and more than ten years befori this action was brought, planted fruit trees up to the fence. Held, the Statute of Limitations did not run against defendant as to the four foot strip. Beyer.. Chicago, R. I. & P. R. Co., (Ia. 918), A69 N.W. 651.

Note And Comment, Edwin C. Goddard, Ralph W. Aigler, Victor H. Lane

Michigan Law Review

Wills - Revocation by Judicial Legislation - Wills and their revocation as we kno* them are peculiarly the result of the actions and reactions of our common and statute law. We are sufficiently familiar with statutes, declaratory of the common law, in derogation thereof, and creating entirely new principles of law. We also know law the result of no legislative act. Whateyer may or may not be admitted about court-made law, we see the undoubted fact that the great body of our law is the outgrowth of decisions applying to new conditions principles of law found in analogous cases, whereby …

The Laws Of Jamaica, 1918, Jamaica

Jamaica

The Laws of Jamaica passed in the year 1918

Published by authority

Newton D. Baker Scrapbook, April 7, 1918-April 5, 1919, Newton D. Baker

Newton D. Baker Scrapbooks

No abstract provided.

The Pandex, Volume Xv

Kansas City School of Law Pandex Collection

Yearbook for Kansas City School of Law in Kansas City, Missouri, includes photos of and information about the school, student body, professors, and organizations.

Choice Of Remedies, Charles F. Millmann

Marquette Law Review

No abstract provided.

Editorial Comments: Progressivism, Editorial Board

Marquette Law Review

No abstract provided.

Judicial Practice: Courts Military And Civil: A Contrast, Robert R. Freeman

Marquette Law Review

No abstract provided.

Valuation Of Property, Labor Or Services Taken In Payment For Stock, Edgar Bark

Marquette Law Review

No abstract provided.

Remarks To Students Admitted To Bar, Anonymous

Marquette Law Review

No abstract provided.

An International State, A. C. Umbreit

Marquette Law Review

No abstract provided.