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Constitutional Law

Washington Law Review

1963

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Full-Text Articles in Law

Constitutional Law—Reimbursement Of Utility Relocation Costs, Wayne Booth, Jr. Jul 1963

Constitutional Law—Reimbursement Of Utility Relocation Costs, Wayne Booth, Jr.

Washington Law Review

In 1959 the state legislature passed a law enabling Washington to obtain federal-aid highway grants for the reimbursement of utility relocation costs incident to federal highway construction. In the recent case of Washington St. Hy. Comm'n. v. Pacific Northwest Bell Tel. Co., the Washington Supreme Court held this legislation to violate the state constitution.


Constitutional Law—Business And Occupation Tax—Constitutionality, Kenneth L. Schubert, Jr. Jul 1963

Constitutional Law—Business And Occupation Tax—Constitutionality, Kenneth L. Schubert, Jr.

Washington Law Review

The Washington court denied the claim of General Motors that the Washington Business and Occupation Tax violated the due process and commerce clauses as applied to its interstate business of wholesaling new cars. The Tax Commission had determined that the activities of General Motors within the state subjected the corporation to this tax on its gross receipts.


Constitutional Law—Federal Recess Appointments, Theordore Roodner Jul 1963

Constitutional Law—Federal Recess Appointments, Theordore Roodner

Washington Law Review

Allocco, who had been convicted of a narcotics violation by a jury, petitioned a United States District Court to grant his motion for release under 28 U.S.C. § 2255, alleging that his conviction should be set aside because the judge who sat at his trial was not properly appointed to his office so as to be able to exercise the judicial power conferred by U.S. Const. art. III. The district court denied his motion and the court of appeals affirmed. This was the first federal decision in recent times to deal directly with the recess appointment power and the first …