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Municipal Corporations-Power Of Board Of Appeals To Vary Application Of Zoning Ordinance Nov 1932

Municipal Corporations-Power Of Board Of Appeals To Vary Application Of Zoning Ordinance

Michigan Law Review

Although there was some dispute among the earlier authorities, it is the rule today that comprehensive zoning ordinances, if enacted under proper legislative authority, are constitutional and will be upheld in so far as they are reasonable in application. In order to give aggrieved property owners an opportunity to obtain relief upon the basis of the ordinance itself without attacking its constitutionality, it has become common practice to give the board of appeals the power to vary the operation of the ordinance in specific cases.

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Carriers-Power Of The Interstate Commerce Commission To Award Reparation On Rates Formerly Fixed As Reasonable Nov 1932

Carriers-Power Of The Interstate Commerce Commission To Award Reparation On Rates Formerly Fixed As Reasonable

Michigan Law Review

In 1921 the Interstate Commerce Commission fixed a rate of 96.5 cents per cwt. as the maximum reasonable rate for the future on sugar between Phoenix, Arizona, and all points in California. In a subsequent attack on rates in 1925, the Commission found reasonable a still lower rate of 73 and 71 cents per cwt. from Northern and from Southern California, respectively, and awarded reparation for the amount by which the rates actually charged exceeded the new rates over a period from 1923 to 1925. From this order the carrier appealed on the ground that the Commission was precluded from …

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Constitutional Law-Public Purpose-Feed Loans To Destitute Farmers Nov 1932

Constitutional Law-Public Purpose-Feed Loans To Destitute Farmers

Michigan Law Review

Pursuant to a constitutional provision enabling such action, the Governor asked the supreme court of South Dakota the following question: "Could the legislature enact legislation which would permit the several counties as a county enterprise to raise funds either by supplemental budget or bond or warrant issues with which they might in turn furnish feed loans or even distribute feed as a part of a county poor relief system . . . ?" In answer to this question the court held, in In re Opinion of the Judges, that the furnishing of feed or feed loans to individuals …

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The West Virginia Municipal Home Rule Proposal, Jeff B. Fordham Jun 1932

The West Virginia Municipal Home Rule Proposal, Jeff B. Fordham

West Virginia Law Review

In the first instalment of this paper, which appeared in the last issue of the Quarterly, it was sought to present an outline picture of the legal position of municipalities in West Virginia's governmental system upon a background of appropriate historical materials. The immediate purpose is to consider the home rule proposal which has appeared on the scene so depicted.

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Bulk Sales Laws: A Study In Statutory Interpretation, Thomas Clifford Billig, Kingsley R. Smith Jun 1932

Bulk Sales Laws: A Study In Statutory Interpretation, Thomas Clifford Billig, Kingsley R. Smith

West Virginia Law Review

This article is the second of a series which proposes to deal with several aspects of bulk sales legislation. The first paper, entitled "Bulk Sales Laws; A Study in Economic Adjustment" appeared in the November, 1928 issue of the University of Pennsylvania Law Review. That discussion considered three phases of the bulk sales problem: (1) the inability of the American statutory successors of 13 Elizabeth to meet the legal needs of the creditor class when a defrauding merchant sold out in bulk his stock of unpaid for goods to a bona fide purchaser for value;(2) the campaign waged by the …

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Banks And Banking - Liability Of Stockholders For Debts In Insolvencies Occurring After Transfer Of Stock, Warren W. Kennerly Jun 1932

Banks And Banking - Liability Of Stockholders For Debts In Insolvencies Occurring After Transfer Of Stock, Warren W. Kennerly

Michigan Law Review

The effect of the holding of the Sanders case is of special interest at the present time because of the large number of recent bank failures. This decision may possibly result in former stockholders of Illinois state banks and the heirs of former stockholders being subjected to an assessment on stock that was disposed of several decades ago. The holding is applicable only to state banks, since national banks are not subject to state regulation. It would not be surprising if this Illinois holding should be followed in Nebraska, since the latter state has already based some of its rulings …

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Constitutional Law-Criminal Procedure-Comment By Judge On Evidence Jun 1932

Constitutional Law-Criminal Procedure-Comment By Judge On Evidence

Michigan Law Review

In the recent case of People v. Kelly, the Illinois supreme court decided (two justices dissenting) that the common law right of a judge, in charging the jury, to comment on the evidence and advise as to the facts was not an essential attribute of trial by jury as it, existed at common law, and held that a statute limiting the charge strictly to matters of law was not an infringement of the right of trial by jury guaranteed by successive Illinois constitutions. The court also decided, in upholding the legislative enactment, that this restriction of the functions of …

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Evidence -The Possibility Of Incrimination In A State Jurisdiction Does Not Warrant The Assertion Of The Constitutional Privilege In Federal Proceedings May 1932

Evidence -The Possibility Of Incrimination In A State Jurisdiction Does Not Warrant The Assertion Of The Constitutional Privilege In Federal Proceedings

Michigan Law Review

On indictment for the refusal to give information requested by the authorized revenue agent, the appellee interposed a special plea averring that it would compel him to become a witness against himself in violation of the Fifth Amendment of the federal Constitution which reads, "nor shall any person be compelled to be a witness against himself." Held, the danger of incrimination in a state court was not grounds for asserting the constitutional privilege. United States v. Murdock, 284 U. S. 141, 52 Sup. Ct. 63, 76 L. ed. 83 (1931).

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State Administrative Supervision Of Municipal Indebtedness, E. Blythe Stason Apr 1932

State Administrative Supervision Of Municipal Indebtedness, E. Blythe Stason

Michigan Law Review

One of the lessons being drawn from the present economic depression, and especially from the financial straits of municipalities, is the very real need of more adequate restriction upon the power of cities, towns, villages, counties, school districts and other local governments to burden themselves and their taxpayers with excessive public debt.

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The West Virginia Municipal Home Rule Proposal, Jeff B. Fordham Apr 1932

The West Virginia Municipal Home Rule Proposal, Jeff B. Fordham

West Virginia Law Review

No abstract provided.

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Equity- Constitutional Law - Power Of Legislature To Change Equitable Doctrines Mar 1932

Equity- Constitutional Law - Power Of Legislature To Change Equitable Doctrines

Michigan Law Review

A Nebraska statute provided that in case of insolvency of a state bank the general depositors, subject to prior liens for taxes, have a first lien on all assets of the bank. A bank converted a note deposited for a special purpose, and indistinguishably mingled the proceeds with the general assets of the bank before insolvency. The deposit was held to have created a trust and the cestui was allowed to recover the amount of the note (trust fund) as a preferred claim upon the general assets of the bank. To the argument that this statute prohibited the imposition of …

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Presumptions - Constitutional Validity Of Statute Establishing Proof Of Reputation As Prima Facie Evidence Of Commission Of Crime Feb 1932

Presumptions - Constitutional Validity Of Statute Establishing Proof Of Reputation As Prima Facie Evidence Of Commission Of Crime

Michigan Law Review

The rise and sway of the gangster as a menace to American social and economic security has led, of late, to the employment of unique means of combating lawlessness. Faced by a tremendous increase in the difficulties lying in the path of those seeking the conviction of professional criminals for major crimes, the police and prosecutors often turn towards a means of fighting crime originally devised to make life uncomfortable for petty off enders. The enforcement of the pistol laws and the vagrancy statutes against millionaire gangsters, and repeated arrests on suspicion, have been resorted to as a means of …

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State Rate Regulation And The Supreme Court, 1922-1930, Thomas Reed Powell Jan 1932

State Rate Regulation And The Supreme Court, 1922-1930, Thomas Reed Powell

Kentucky Law Journal

No abstract provided.

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Legislation - Old Age Pensions Jan 1932

Legislation - Old Age Pensions

Michigan Law Review

Out of our changing social theories has grown modern social legislation. The tendency is nowhere better illustrated than in the development of legislation for the care of aged persons. During the last decade great strides have been made in enacting such legislation, and the present year has seen increased activity, leading to the passage of old age pension laws in five states and to numerous other legislative accomplishments.

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Guest Act Of 1930 Unconstitutional, Richard C. Stoll Jan 1932

Guest Act Of 1930 Unconstitutional, Richard C. Stoll

Kentucky Law Journal

No abstract provided.

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Constitutionality Of City Ordinance, Richard C. Stoll Jan 1932

Constitutionality Of City Ordinance, Richard C. Stoll

Kentucky Law Journal

No abstract provided.

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Proposed Legislation: City Manager Legislation In Kentucky, J. W. Manning Jan 1932

Proposed Legislation: City Manager Legislation In Kentucky, J. W. Manning

Kentucky Law Journal

No abstract provided.

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Constitution For The State Of Indiana, Hugh E. Willis Jan 1932

Constitution For The State Of Indiana, Hugh E. Willis

Articles by Maurer Faculty

No abstract provided.

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Mississippi Blue Book. Biennial Report Of The Secretary Of State To The Legislature Of Mississippi. [1929-1931], Mississippi. Secretary Of State Dec 1931

Mississippi Blue Book. Biennial Report Of The Secretary Of State To The Legislature Of Mississippi. [1929-1931], Mississippi. Secretary Of State

Mississippi Blue Books

No abstract provided.

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Anti-Chain Store Legislation, Hugh A. Fulton Dec 1931

Anti-Chain Store Legislation, Hugh A. Fulton

Michigan Law Review

During the past few years chain store merchandising has made such serious inroads upon the trade of independent wholesale and retail merchants that they have been forced to use every expedient within their reach in order to survive. They have banded together in order to achieve the economies which have made chain store merchandising so successful and have been rewarded with a large measure of success and even with the hope of competing on an equal basis with the average chain system. But they have not been satisfied with merely seeking to operate on a smaller margin of profit. They …

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Constitutional Law - Freedom Of The Press - Restraints On Publication, Maurice S. Culp Dec 1931

Constitutional Law - Freedom Of The Press - Restraints On Publication, Maurice S. Culp

Michigan Law Review

A recent Supreme Court decision establishes a new concept of freedom of the press, and adds new meaning to the liberty safeguarded by the Fourteenth Amendment. The defendant, Near, was enjoined from publishing his newspaper because it was alleged that the paper was largely devoted to the publication of malicious, scandalous, and defamatory articles about the grand jury, public officials, and others. The injunction was granted pursuant to a statute which made the publication of a malicious, scandalous, or defamatory newspaper, magazine, or periodical a nuisance subject to abatement by injunction. The Supreme Court of the United States decided that …

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Divorce - Domicil - Recognition Of Foreign Decrees, Florence K. Frankel Dec 1931

Divorce - Domicil - Recognition Of Foreign Decrees, Florence K. Frankel

Michigan Law Review

The New York Court of Appeals has re-emphasized some well-established principles of divorce jurisdiction in the recent case of Fischer v. Fischer. In a suit involving the validity of a second marriage, W proved a Nevada divorce from her first husband, a citizen of New York, who had been served in New York but had not appeared to defend the litigation. The court denied recognition to the Nevada decree because W's residence in Nevada, while it conformed with the statutory requirements of that forum, was proved to have been acquired solely for the purpose of securing a divorce. The …

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State Juvenile Court Procedure For Federal Juvenile Offenders, Howard E. Wahrenbrock Nov 1931

State Juvenile Court Procedure For Federal Juvenile Offenders, Howard E. Wahrenbrock

Michigan Law Review

The Report on the Child Offender in the Federal System of Justice recommends the enactment of federal legislation which will provide means of utilizing the machinery of existing state juvenile courts where federal laws have been violated by children. The details of such legislation are not suggested in the Report. The legal questions to be encountered in the framing of such legislation call for careful consideration if full advantage is to be taken of the knowledge which the study made for the Commission furnishes. Some of the questions of more general interest will be taken as the subject of this …

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Sales--Distinction Between Conditional Sale And Chattel Mortgage-Michigan Rule Jun 1931

Sales--Distinction Between Conditional Sale And Chattel Mortgage-Michigan Rule

Michigan Law Review

The petitioner sold a truck under an unrecorded contract which provided that title was to remain in him until the buyer made full payment, and that in event of default the whole sum was to become due immediately with the right of reclamation. The buyer subsequently went into bankruptcy and the seller petitioned for reclamation of the truck from the trustee. Held, that since the contract under the Michigan rule constituted a chattel mortgage so that failure to record it made it ineffective against creditors, the petition should be denied. In re Central States Freight Corporation (E. D. Mich. …

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Courts-Power To Direct Verdicts Where Forbidden By State Constitution Jun 1931

Courts-Power To Direct Verdicts Where Forbidden By State Constitution

Michigan Law Review

ln a suit for personal injuries the district court of the United States for the district of Arizona directed a verdict for the defendant on the ground that the plaintiff was guilty of contributory negligence. The constitution of Arizona, sec. 5, art. 18 provides: "The defense of contributory negligence or of assumption of risk shall, in all cases whatsoever, be a question of fact and shall, at all times, be left to the jury." Held, that this section is not binding on a federal court sitting in Arizona, and does not prevent such court from directing a verdict when …

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Equity-Power To Reform-Effect Of Statute Of Frauds Jun 1931

Equity-Power To Reform-Effect Of Statute Of Frauds

Michigan Law Review

The plaintiff made an oral contract to sell certain shares of stock to the defendant at a price of $1,160 a share, as a result of a telephone conversation. On the same day the plaintiff sent the defendant a written confirmation of the sale, in which the price of $1,060 a share was inserted by mistake. The New York Statute of Frauds makes such a contract unenforceable unless a note or memorandum thereof be in writing. Held, that although the parties intended to make a memorandum of the oral contract which they had made, the memorandum was of a …

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Constitutional Law-Municipal Corporations-Police Power May 1931

Constitutional Law-Municipal Corporations-Police Power

Michigan Law Review

The defendants circulated, on the streets of Milwaukee, hand bills which set forth the political and economic views of their group. An ordinance made it unlawful for any person "to circulate or distribute any circular, hand bills, cards, posters, dodgers, or other printed or advertising matter, * * * in or upon any sidewalk, street, * * * or other public place, park or ground within the City of Milwaukee." The defendants were arrested and convicted of violating this ordinance. There was no charge that the ordinance was enforced in any unreasonable or discriminatory manner, or that its purpose was …

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Constitutional Law-Due Process-Police Power-Junk Yards Mar 1931

Constitutional Law-Due Process-Police Power-Junk Yards

Michigan Law Review

The City of Ashland, Kentucky, acting under a specific power to license and regulate junk yards granted to it by the legislature under section 3058-2 Ky. Stat. (Carroll, 1922) passed an ordinance requiring applicants for licenses to operate junk yards within the city of Ashland. "to make and execute with the Clerk of the City of Ashland, Kentucky, a permit signed by the applicant providing that the Police Department * * * may inspect and search the said shop or place of business." The appellant complied with all other requirements, but refused to execute the permit: Because the clerk would …

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Constitutional Law-Due Process-Revocationof Driver's License Mar 1931

Constitutional Law-Due Process-Revocationof Driver's License

Michigan Law Review

Petitioner's license was suspended under a statute which provided that if a judgment for personal injuries or property damage resulting from the ownership or operation of an automobile remained unpaid fifteen days after it became final, the driver's license should be revoked or suspended until payment and until proof offered of ability to pay future claims. Arrested and jailed for driving without a license, petitioner sought release by writ of habeas corpus on the ground that the statute was unconstitutional. Held, that the operation of the statute was discriminatory and based on an unnatural classification; petitioner discharged. Ex parte …

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Crimes-Mistake Of Facts Of A Defense Mar 1931

Crimes-Mistake Of Facts Of A Defense

Michigan Law Review

The defendant was convicted of bigamy under the usual statute (in this case, Fla. Comp, L., 1927, secs. 7559-7660) punishing as bigamous any person remarrying while the former spouse was still living, unless that spouse had been absent three years, the party remarrying not knowing the other to be alive during that time, or unless a legal divorce had been granted. The defense was, that as the defendant's first wife had told him and others that she had secured a divorce and had remarried, and had introduced to him her second husband, he honestly believed her. It was held, …

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