Law Commons^™

Constitutional Law-Partial Unconstitutionality Of Statutes-Effect Of Saving Clause On General Rules Of Construction

Michigan Law Review

In recent legislation it has become fairly common to incorporate so-called "saving" clauses or sections. In effect, these usually state with variations in phraseology, that the adjudication of invalidity of any part of the act shall not affect the validity of the balance or any of the remaining parts of the act and, in some instances in addition, that notwithstanding a portion of the act is declared objectionable, the legislature would have passed the residue of the statute or any of its parts or that the remaining portions or any part thereof shall be enforced without reference to that invalidated.

The Laws Of Jamaica, 1926, Jamaica

Jamaica

The Laws of Jamaica passed in the year 1926

Published by authority

Early American Price-Fixing Legislation, Arthur S. Aiton

Michigan Law Review

One of the most pernicious delusions of legislators is the persistent notion that the enactment of a law is the panacea for any human ill from short sheets in hotels to the immodesty of certain styles of female apparel. The history of law-making is strewn with the wreckage of freak legislation of this character but the law-mills, heedless of the past, continue to spew forth new monstrosities and to revive old failures. That the human family cannot be legislated into a set mold of behavior and that the economic laws which underlie trade and intercourse cannot be enacted out of …

Prof. Hepburn Tells Of Bill Codifying United States Law

Charles Hepburn (1918-1925)

No abstract provided.

The Legislative Program, Dan W. Simms, Frank H. Hatfield, Charles M. Mccabe, Julius C. Travis, Wilmer T. Fox, Charles S. Batt, John W. Craig

Indiana Law Journal

No abstract provided.

Does "Legislative Review" By Courts In Appeals From Public Utility Commissions Constitute Due Process Of Law?, Maurice H. Merrill

Indiana Law Journal

No abstract provided.

Police Legislation Under Federal Powers

Michigan Law Review

A recent case decided by the United States Supreme Court United States v. Daugherty (Jan. 4, 1926) 46 Su. Ct. 156 (Adv. Opn. 303) sustained a conviction and sentence under the Harrison Anti-Narcotic Act, 38 Stat. 785, for "making unauthorized sales of cocaine to three different persons on different days" The indictment was in three counts, one covering each sale involved. The sentence imposed was "five years on each of said three counts. * * * * Said term of imprisonment to run consecutively and not concurrently."

Limitation Of Debate In The United States Senate: A Phase Of The Law-Making Process, Rex M. Potterf

Indiana Law Journal

No abstract provided.

The Laws Of Jamaica, 1925, Jamaica

Jamaica

The Laws of Jamaica passed in the year 1925

Published by authority

Congress And The Supreme Court (Continued), Thomas Frank Konop

Journal Articles

In 1924, Plank Five of the Platform of the Independent candidate for President proposed a constitutional amendment that would enable Congress to override judicial review by reenacting a statute. Such an amendment would, of course, run in stark contrast to Chief Justice Marshall’s opinion in Marbury v. Madison. This paper explores nature of this proposed amendment and analyzes the implications of overturning the foundation of judicial power in our tripartite system of government. In sum, the author suggests that judicial review serves as an excellent check on Congress and the temporary passions of the public itself.

Congress And The Supreme Court, Thomas Frank Konop

Journal Articles

In 1924, Plank Five of the Platform of the Independent candidate for President proposed a constitutional amendment that would enable Congress to override judicial review by reenacting a statute. Such an amendment would, of course, run in stark contrast to Chief Justice Marshall’s opinion in Marbury v. Madison. This paper explores nature of this proposed amendment and analyzes the implications of overturning the foundation of judicial power in our tripartite system of government. In sum, the author suggests that judicial review serves as an excellent check on Congress and the temporary passions of the public itself.

Burn's Annotated Indiana Statutes, By Harrison Burns, Louis B. Ewbank

Indiana Law Journal

No abstract provided.

The Work Of The 1926 Legislature, Woodson D. Scott

Kentucky Law Journal

No abstract provided.

Legislation And Judicial Decision, Rudolf Stammler

Michigan Law Review

The discussions of the theme indicated by the title usually start from Montesquieu's theory of the three powers. This famous doctrine is developed in his work "De 1' esprit des lois" (1748) Bk. II, Ch. 6. This chapter is entitled "Of the English Constitution". It discusses however all states in general. In every state there are three sorts of powers, the legislative authority, the executive authority in matters dependent upon the law of nations, and the executive authority in everything dependent upon civil law. The last Montesquieu calls the judicial power, while the one mentioned in the second place is …

The Laws Of Jamaica, 1924, Jamaica

Jamaica

The Laws of Jamaica passed in the year 1924

Published by authority

The Federal Uniform Procedure Bill

Michigan Law Review

After eleven long years of reposing in the files of the judiciary committees, the Federal Procedure Bill (S. 2061), sponsored by the Committee on Uniform Judicial Procedure of the American Bar Association, has finally been favorably reported by the Judiciary Committee of the Senate, and the patron of the bill, Senator A. B. Cummins, will call it up for passage during the early days of the December session of Congress. For eleven long years opponents of the bill have succeeded in keeping it in committee files, and it is to be expected that the proponents of the measure will have …

Criminal Assault Through Negligence--Bonding Automobile Drivers

Michigan Law Review

The Supreme Court has recently declared constitutional and valid the New York legislation requiring taxi-cab drivers to file with the state a surety bond or an insurance policy conditioned for the payment of judgments against the driver for personal injuries caused by the operation or the defective construction of his vehicle. Packard v. Banton (Feb., 1924) Adv. Ops. No. 126. The amount of the bond or policy required is only $2,500, though with a continuing liability for that amount during the period of the bond. It appears from the court's opinion that the insurance companies charged a premium of $900 …

Some Constitutional Phases Of The Cummins Railroad Consolidation Bill

Michigan Law Review

The Supreme Court in four decisions has gone far in sustaining Congress and the Interstate Commerce Commission in regulating interstate commerce: (1) in sustaining the Adamson Act of 1916, establishing an eight-hour day for interstate railroads. Wilson v. New, 243 U. S. 332 (1917); Ft. Smith, etc. R.R. 71. Mills, 253 U.S. 306 (1920); (2) in sustaining the "recapture" clause in the Transportation Act of 1920 impounding surplus earnings of prosperous railroads, Dayton-Goose Creek Ry. v. United States, decided January 7, 1924; (3) in sustaining the order of the Commission raising intrastate railroad fares which were so …

The Operation Of The Recording Acts, Ralph W. Aigler

Michigan Law Review

As between successive transfers of land by the same transferor purporting to create legal interests it was the almost invariable rule of the common law that priority in right was determined by priority in time. This followed naturally from the fact that after A had conveyed to B there was no interest left in A which he could transfer to C; first in time was first in right because there was nothing left for the second transferee. Notice and lack of notice were wholly immaterial.

Labor Legislation Under The Treaty Power

Michigan Law Review

Does the treaty making power of the United States offer a method of enacting constitutionally valid federal laws, which under other delegated federal powers would be unconstitutional? The Constitution of the United States provides: Art. II, §2 (2) "He (the president) shall have power, by and with the advice and consent of the Senate, to make treaties, provided two-thirds of the Senators present concur * * *·" Art I, §8 (18) That Congress shall have power "to make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this …

The Laws Of Jamaica, 1923, Jamaica

Jamaica

The Laws of Jamaica passed in the year 1923

Published by authority

Perpetuity Statutes, Edwin C. Goddard

Michigan Law Review

The common law of perpetuities is one of the most interesting examples of almost pure judicial legislation. De Donis, The Statutes of Uses and of Wills, but· gave wider scope to the development by the courts of rules of law to thwart the attempt of the great landowners to tie up their landed estates in their families in perpetuity. One body of rules to this end limited restraints upon alienation, another the creation of future interests vesting at too remote a period. Restriction of restraints upon alienation, and the rule against perpetuities, these two were developed for the same end, …

The Ship Mortgage Act Of 1920, George L. Canfield

Michigan Law Review

Maritime loans have been usually secured by either bottomry bonds or ship mortgages. The former constituted maritime liens of high and privileged character, while the latter had no standing in admiralty at all except as to remnants after all other claims against the ship had been satisfied. The statute now under discussion, being part of general legislation for the revival of the American merchant marine, makes "preferred mortgages" thereunder maritime liens, enforceable by admiralty process in rem. The changes made by the statute in existing law are radical and its construction by the Supreme Court will be of great …

Conciliation Of Controversies

Michigan Law Review

It is a matter of common criticism more or less just that the administration of law is unnecessarily tedious and expensive. Particularly among those of the poorer classes is it true that the delay and expense incident to the enforcement of small claims amounts to a practical denial of justice. With a view toward relieving this situation, North Dakota adopted the first state-wide act for the conciliation of controversies. Chapter 38, Laws of North Dakota, 1921. That act has recently been put to the test and upheld in the case of Klein v. Hilton (N. D., 1922), 191 N. W. …

Book Reviews

Michigan Law Review

A collection of book reviews by multiple authors.

Legislation In Vague Or General Terms, Ralph W. Aigler

Michigan Law Review

For some reason, probably in part the increasing complexity of our life and relationships, but more largely, perhaps, the growing tendency to regulate everybody and everything by positive law, the courts have been called upon with increasing frequency to pass upon the effectiveness of statutes and ordinances phrased in indefinite terms. In a very interesting and valuable paper, Professor Freund has pointed out the weakness and strength, on the one hand, of legislation in general terms, and on the other hand, legislation in which the rule of conduct is attempted to be laid down with precision. His interest apparently lay …

The Laws Of Jamaica, 1922, Jamaica

Jamaica

The Laws of Jamaica passed in the year 1922

Published by authority

Legislative Acts Of 1922, J. G. Bruce

Kentucky Law Journal

No abstract provided.

The Law Of Property Act, 1922, Joseph Warren

Michigan Law Review

The English law of property legislation, which has been pending for over two years, was passed June 29 last. It will take effect January 1, 1925. For a century the reform of the law of real property has been a burning question in England-far more so than with us. Judges, lawyers, solicitors, conveyancing experts have all taken an active part. Learned societies have spoken through committees and royal commissions have reported. Piece by piece many of the antiquities have been abolished. But no reform is as far-reaching as the present act. In January, 1919, the Acquisition and Valuation of Land …

The Proposed Referendum Amendment, C. B. Seymour

Kentucky Law Journal

No abstract provided.