Law Commons^™

Constitutional Law-State Court Enforcement Of Race Restrictive Covenants As State Action Within Scope Of Fourteenth Amendment, John A. Huston S.Ed.

Michigan Law Review

The current housing shortage with the overcrowded living conditions and substandard accommodations which it imposes on the most numerous classes of society has made particularly significant in the competition for housing areas the discriminations generally enforced against negroes and other racial minority groups. Both normal population growth and the suspension of new construction during the great depression and the late war have contributed to an emergency in which the circumstances of our negro population are materially worse than those of any other group. Aggravating this result has been the shift in negro population occasioned by the wartime demand for industrial …

Constitutional Law-Interstate Commerce-Carriers-Validity Of State Statute Requiring Racial Segregation Of Passengers, George Brody S.Ed.

Michigan Law Review

Appellant, a passenger on a motor common carrier, was traveling from Virginia to Baltimore. Pursuant to a Virginia statute requiring all passenger motor carrier vehicles to "separate without discrimination the white and colored passengers in their motor busses so that contiguous seats will not be occupied by persons of different races at the same time" the driver of the carrier upon which appellant was traveling requested her to vacate her seat so that it could be used by a white passenger. She refused and was arrested and convicted under authority of a statute punishing such refusal. The Virginia Supreme Court …

Constitutional Law-Protection Of Civil Liberties-Federal Criminal Prosecution Of State Police Officers-Constitutionality And Construction Of Section 20 Of Criminal Code, George Brody

Michigan Law Review

In United States v. Classic the Civil Liberties Unit of the Department of Justice resurrected the long dormant section 20 of the United States criminal code to prosecute successfully election officials in Louisiana for altering and falsely counting ballots cast in a Louisiana primary for representatives to Congress. Although the acts of the defendants were also in violation of state law the court asserted that "misuse of power possessed by virtue of state law and made possible only because the wrongdoer is clothed with authority of state law, is action taken under color of state law" and therefore within the …

Abstracts, Mary Jane Plumer

Michigan Law Review

The abstracts consist merely of summaries of the facts and holdings of recent cases and are distinguished from the notes by the absence of discussion.

Labor Unions-Closed Shop And Arbitrarily Closed Or Partially Closed Union-Injunction, John S. Dobson

Michigan Law Review

The defendants appealed from an order of the lower court awarding a preliminary injunction which restrained the defendants from discharging or causing the discharge of the plaintiff and other Negro employees because they were not members of a labor union with which their employer has a closed shop agreement, but which will not grant Negroes full membership privileges. The defendants were: the plaintiff's employer; the International Brotherhood of Boilermakers, Iron Shipbuilders and Helpers of America which is a labor union; and certain officials of the aforementioned union. There was a written contract between the employer and the International Brotherhood containing …

Apportionment Of Representation In The Legislature: A Study Of State Constitutions, Elizabeth Durfee

Michigan Law Review

This paper is concerned with the rules found in our state constitutions for apportionment of representation in the state legislature. It does not attempt to solve the problems of high-tension politics that are involved in the making and remaking of such rules; it goes no deeper than an exposition of existing rules. Even on this level it is not exhaustive. Since the constitutions exhibit manifold variations, from simple directions which are scarcely more than a declaration of policy to complex rules for the formation of districts, no attempt will be made to classify all the different types of provisions. With …

Covenants-Restrictions Upon The Use Of Land-Negroes

Michigan Law Review

Many years ago a subdivision in Detroit was platted, with recorded building restrictions. When ready for the sale of lots, the intended high character of the subdivision and its desirability for expensive residences was much advertised. An association, an informal organization of some of the owners of houses in the subdivision, assumed the right to pass upon the desirability of prospective lot purchasers, and there was some indication that the person who advertised and marketed most of the lots verbally agreed to submit to the association the names of prospective purchasers and assured some intending purchasers that colored persons would …

Constitutional Law-Congressional Primaries-Voting Rights Of Negroes, Everett S. Brown

Michigan Law Review

The petitioner, Lonnie E. Smith, a Negro citizen of Harris County, Texas, brought suit for damages against election judges who refused to give him a ballot or to permit him to cast a ballot in the primary election of July 27, 1940, for the nomination of Democratic candidates for federal and state officers. The refusal was alleged to have been solely because of Smith's race and color and consequently violated sections 31 and 43 of title 8 of the United States Code by depriving Smith of rights secured under provisions of the Federal Constitution. The District Court of the United …

Courts - Federal Courts - Diversity Of Citizenship Requirement - Persons Evacuated To Other States By Government Order, Michigan Law Review

Michigan Law Review

Plaintiffs were United States citizens of Japanese ancestry domiciled in California. By order of the Western Defense Command, United States Army, they were removed to the Gila River Relocation Center, Arizona. Defendants were residents of California. After their relocation plaintiffs brought this action in the United States District Court for the Southern District of California "to terminate trust, for an accounting, and for appointment of a receiver," and jurisdiction of the federal court was based solely on allegations of diversity of citizenship. Held, action dismissed for want of jurisdiction. A person moving under legal or physical compulsion, from his …

Torts - Wrongful Exclusion From An Elevator - Damages For Mental Pain And Humiliation, Michigan Law Review

Michigan Law Review

Plaintiff's wife, a Caucasian, having business with a tenant on the fifteenth floor, entered defendant's elevator containing other whites. She and a Negro woman were directed by the operator to take an elevator in the rear of the store used for freight and Negro passengers; and being ignorant of this latter fact, she used this elevator. Asserting that she was wrongfully excluded from the elevator for white people and thereby was considered to be a negro by both whites and colored people, she claimed to have suffered mental anguish, humiliation, and physical suffering. Held, the defendant, while not a …

Carriers - Common Carriers - Segregation Of Races - Discrimination, John C. Johnston

Michigan Law Review

Plaintiff, a negro, had purchased a railroad ticket entitling him to first class accommodations from Chicago, Illinois to Hot Springs, Arkansas. When the train entered Arkansas, the conductor, in purported compliance with an Arkansas statute requiring segregation of colored from white persons forced plaintiff to leave the Pullman car and ride in the second-class car set aside for colored passengers. Plaintiff alleged that this car was not equipped with the same conveniences which were provided for white passengers traveling first class, and he filed a complaint with the Interstate Commerce Commission claiming that he had been discriminated against in violation …

Parties - Representative Suits As Res Judicata- Rejection Of Doctrine Of Class Suits In Successive Actions To Enforce Mutual Covenants In Land, Gerald M. Lively

Michigan Law Review

Some 500 frontage owners in a certain described residential district entered into mutual covenants which stipulated against the sale to, or occupation of, such land by negroes. In an action to enjoin a breach of one of these covenants the defense was asserted that a condition precedent requiring ninety-five per cent of the frontage owners to sign the agreement had not been performed. On a trial of the merits it was found that only about fifty-four per cent of the frontage owners had actually signed. However, in a prior action, an owner, on behalf of herself and other like property …

Constitutional Law - Equal Protection Of The Laws - Exclusion Of Negro From Law School Of State University, Fred C. Newman

Michigan Law Review

Petitioner, a negro, was refused admission to the law school of the State University of Missouri solely upon the ground of his race. While the state of Missouri assumed to provide reasonable tuition fees for the legal education of negro residents of Missouri in other states and possibly contemplated providing opportunities for professional training for negroes within the state at some future date, it did not provide for any instruction in law for negroes within the state. The Supreme Court of Missouri affirmed the judgment of the circuit court quashing an alternative writ of mandamus and denying a peremptory writ …

Municipal Corporations - Official Misconduct As Ground For Removal Of Officer, Leonard D. Verdier Jr.

Michigan Law Review

Plaintiff, a member of the council of the city of Highland Park, Michigan, was removed by the council, as provided in the charter because of membership in the Black Legion. The Black Legion was a secret society founded on principles of racial, religious, and political discrimination. Its members took an oath to further these purposes by any means ordered by the officers of the organization, including violence and terrorism. Members were forbidden to expose the organization under penalty of death, and membership was supposedly permanent. The council found that membership in such a society rendered Wilson incompetent to perform the …

Labor Law - When A "Labor Dispute" Exists Within Meaning Of The Norris-Laguardia Act, Erwin B. Ellmann

Michigan Law Review

Two recent Supreme Court decisions, interpreting the Norris-LaGuardia Act at its most troublesome area, confirm the Congressional revision of the rules governing scrimmages between capital and labor in the federal courts. In holding in Lauf v. Shinner that the struggle by an outside union for unionization of a shop, none of whose employees were affiliated with the organizing union, and in New Negro Alliance v. Sanitary Grocery Co. that agitation by members of a negro racial protective organization to compel employment of negro workers were "labor disputes" within the meaning of section 13, the Supreme Court has substantially put to …

Constitutional Law - Race Segregation Ordinance - Effect Of Military Order Of Governor Issued For Same Purpose

Michigan Law Review

A "segregation ordinance" of Oklahoma City, prospective in nature, made it unlawful for any negro to occupy as a residence any house or building located in a block wherein a majority of the buildings used were occupied by white persons. The initial step in the segregation of races in the city occurred when the Governor issued a military order for the separation of the races, because it appeared that riot and bloodshed were imminent; such order to remain in effect until an ordinance was passed in lieu of the order. Held, the ordinance was an invalid exercise of the …

Constitutional Law-Exclusion From Juries On Grounds Of Race And Color-Scottsboro Case

Michigan Law Review

A negro convicted of rape in one of the so-called "Scottsboro" cases moved to quash the indictment and the trial venire, alleging systematic exclusion of negroes from the grand and petit juries on the grounds of race and color. The trial court overruled the motions, and the Alabama Supreme Court sustained this decision, holding that the evidence failed to establish such exclusion. On certiorari to the United States Supreme Court, held, that the refusal to quash the indictment and trial venire was a denial of equal protection of the laws contrary to the Fourteenth Amendment, since the evidence on …

Constitutional Law - Discrimination Against Negroes - Control Of Party Membership, Everett S. Brown

Michigan Law Review

The petitioner, R. R. Grovey, allegedly a citizen of the United States and of Texas, and possessing all the qualifications of a voter, was refused a ballot for a Democratic party primary because he was of the Negro race. Grovey demanded ten dollars damages from the respondent, Albert Townsend, the county clerk, a state officer. The Revised Civil Statutes of Texas provide for primary elections and regulate absentee voting. When Grovey demanded of Townsend an absentee ballot it was refused in virtue of a resolution of the state Democratic convention of Texas, adopted May 24, 1932, as follows:

"Be it …

Segregation Of Residences Of Negroes, Arthur T. Martin

Michigan Law Review

Most white people do not want Negroes for neighbors. For many years this race prejudice alone seemed adequate to secure the type of domiciliary segregation which the majority desired. In recent years, however, Negro incursions into so-called white territory have become more numerous, and white landowners have resorted to legal devices to secure race exclusiveness in residential sections. In considering the validity of these segregation devices the courts have not ordinarily purported to take into account the social desirability of the end sought. No examination has been made of the factors back of Negro migration into white territory. No thought …

Primary Elections And The Constitution, Luther Harris Evans

Michigan Law Review

Recent attempts in Texas and elsewhere to exclude Negro voters from primary elections reveal the unsettled state of constitutional law in this field. Two struggles of principle, individualism versus police power and States' rights versus nationalism, are outlined in the judicial opinions reviewed below under the following headings: (I) Basis of state power over primaries; (II) Limitations on state power over primaries imposed by the Fourteenth and Fifteenth Amendments; (III) Basis of state power over primaries for nominating United States Senators and Representatives; and (IV) Basis of national power over primaries for nominating United States Senators and Representatives.

Criminal Law And Procedure - Evidence - Presumptions

Michigan Law Review

The Alien Land Law of California forbids the acquisition of real property for agricultural purposes by aliens ineligible to citizenship; amendment 9b provides that proof of the acquisition of land by the defendant and of his being a member of a race ineligible to United States citizenship raises the presumption of ineligibility to citizenship against the defendant, and the burden is on him to show citizenship or eligibility thereto. Defendants, an American and a Japanese, were indicted for conspiracy to violate the act. No evidence as to the birthplace of the Japanese was adduced by either side, and both were …

Constitutional Law - Due Process And Equal Protection - Right Of Counsel

Michigan Law Review

The Scottsboro cases decided by the Supreme Court at the present term raise several interesting constitutional questions. The judgments were assailed on the ground that they were violative of the due process and equal protection clauses of the Fourteenth Amendment in three respects: (1) that the negroes were tried by juries from which members of their race were systematically excluded; (2) that they were not accorded a fair, impartial and deliberate trial; (3) that due process was denied because the right of counsel, with the usual incidents of consultation and adequate preparation for trial, was lacking. While the Supreme Court …

Descent And Distribution - Issue Of Void Miscegenous Marriage As Heirs Under Legitimation Statute

Michigan Law Review

An Indian married a negress in Oklahoma. The proper forms were observed, the parties acted in good faith, and thereafter lived together as husband and wife. Children were born to them. The marriage was absolutely void under an Oklahoma statute prohibiting such miscegenation and making it a felony. On the father's death intestate, the guardian of the children petitioned for letters of administration. Held, that under Okla. Comp. Stat. 1921, sec. I 1303, reading, "The issue of all marriages null in law . . . are legitimate," the children of the void marriage took as heirs, and the petition …

Report On Crime And The Foreign Born, Joseph Cohen

Michigan Law Review

That the foreign born, more than the native born, tend to run afoul of the law, especially with respect to the more serious offenses, is a popular doctrine which critical opinion in the field of criminology has long been inclined either to qualify as to essential details or to contradict in toto. Twenty years back the Federal Immigration Commission reported that all the evidence then available indicated a lesser criminality on the part of the immigrant group as a whole. Succeeding studies have supported this conclusion. That an adverse view of the foreign born should persist in the face of …

Constitutional Law-Equal Protection-Disparity Of Privilege And Discrimination

Michigan Law Review

The equal protection clause of the fourteenth amendment provides that no person or class of persons shall be denied the same protection of the laws that others in the same place and under like circumstances enjoy. But it has been said that "equality and not identity of privileges and rights is what is guaranteed to the citizen" by the fourteenth amendment. People v. Gallagher, 93 N. Y. 438, 45 Am. Rep. 232. Any law which in terms provides for identity of privileges and rights, but which operates in such a manner as to produce political or economic inequality. because of …

Race Segregation Ordinance Invalid, Henry M. Bates

Articles

The opinion in Buchanan v. Warley reflects the confusion and difficulty of that troublesome problem, the place of the negro race in the United States, with which the case and the segregation ordinance of Louisville discussed therein are essentially concerned. The decision by a unanimous court reverses the holding of the Kentucky Court of Appeals, and declares that the ordinance violates the Fourteenth Amendment. This result is reached by one of those anomalous and objectionable devices which characterize our methods of solving fundamental constitutional questions. The case arose upon a bill for specific performance of a contract, whereby the plaintiff, …

Note And Comment, Edwin C. Goddard, John G. Cedergren, Henry C. Bogle, Henry Rottschaefer, Marcy K. Brown

Michigan Law Review

Limitation as to the Amount of Liability for Loss of Goods by Carriers - A carload of automobiles was shipped by express, under an express receipt limiting recovery to $50, unless a greater value was named and a greater carrying charge paid. The shipper knew of this stipulation, and deliberately chose the restricted liability so as -to secure the lower rate. On a suit for loss of the automobiles, recovery was limited to $5o. Geo. N. Pierce Co. v. Wells Fargo & Co., I89 Fed. 561, commented on in 10 MICH. L. RSv. 317. The United States Supreme Court has …

Note And Comment, Albert V. Baumann Jr, Stannley E. Gifford, Donald F. Melhorn, Ralph W. Aigler

Michigan Law Review

Interstate Commerce and State Control Over Foreign Corporations - Since Bank of Augusta v. Earle, 13 Pet. 519, there seems to have been no real occasion to doubt the power of a state totally to exclude foreign corporations seeking to engage in intrastate business only. The power to exclude being absolute, there has been no question as to the right of the state to allow the entrance of the foreign corporation for such business upon terms, and the terms may be of any sort, reasonable or unreasonable, except that the corporation seeking to enter cannot as a condition precedent to …

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Adverse Possession--Paper Title--Constructive Possession--Occupancy; Bankruptcy--Property Vesting in Trustee--Insurance Policies with Cash Surrender Value Absorbed by a Lien; Bankruptcy--Provable Debts--Contingent Claims--Landlord and Tenant; Bills and Notes--Incomplete and Undelivered Check, completed and Negotiated by Thief--Delivery Not Presumed; Bills and Notes--Note Distinguished from Testamentary Disposition; Contracts--Consideration--Forbearance to Sue; Contracts--Illegal Contract--Agent's Liability for Proceeds; Corporations--corporate Stock--Priority of Rights Between Unrecorded Transferee and Attachment Creditor; Criminal Procedure--Sealed Verdict--Separation of Jury; Eminent Domain--Streets--Power to Condemn Land Required for Railroad Purposes; Evidence--Presumptions and Burden of Proof in Case of Corporation Charged with Crime; Garnishments--On What Actions Available--Liquidated Claims; Insurance--change of Rates in Mutual Benefit Association; Judgments--Foreign Judgment--Merger--Bar; …

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Adjoining Landowners--Excavations--"Contiguous" Structures; Aliens--Naturalization--Persons of Japanese Race--"White Persons"; Bankruptcy--Suit by Trustee--Recovery of Property Transferred by Bankrupt; Carriers--Duty to Person Riding on Engine; Carriers--Through Contract--Liability of Connecting Carriers; Color of Title as Extending Possession of Adverse Claimant--Deed to Claimant's Vendor; Constitutional Law--Due Process of Law--White and Negro Pupils; Constitutional Law--Interstate Commerce--Power of Congress to Regulate; Constitutional Law--Secret Societies--Unauthorized Wearing of Badges; Conversion--Time of Conversion--Pledges--Assertion of Title; Corporations--Stockholder's Liability--Enforcement in Other States; Damages--For Interference with Employment--Mental Suffering an Element; Dedication--Acceptance--Ordinance Fixing Grade; Deed--Acknowledgement Taken by Officer and Stockholder of Corporation Grantor; Deeds--Building Restriction--"Front Property Line" of Corner Lot; Deeds--Restrictive Covenant--Electric Light Station …