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Articles 5701 - 5730 of 6130

Full-Text Articles in Law

Federal Income Tax 1943—Special Benefits To Members Of The Armed Forces, Thomas Todd Nov 1943

Federal Income Tax 1943—Special Benefits To Members Of The Armed Forces, Thomas Todd

Washington Law Review

On June 9, 1943, with the enactment of "The Current Tax Payment Act of 1943," the serviceman became a taxpayer in a class by himself. Previously there were special benefits in favor of the serviceman, but now, for the year 1943, even the method of computing tax is entirely different for servicemen than it is for civilians. The reason why this subject should be of special interest to attorneys is that the present law affords a great opportunity for substantial tax savings and refunds in favor of servicemen for 1943. Thus, substantial refunds will be available for most servicemen who …

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The American Law Institute's Model Code Of Evidence, Judson F. Falknor Nov 1943

The American Law Institute's Model Code Of Evidence, Judson F. Falknor

Washington Law Review

In planning this necessarily brief statement concerning the Code of Evidence which has been approved by the American Law Institute, I found that I was confronted with a considerable problem of condensation. In the first place, what we have here is a Code, and necessarily the draftsmen have undertaken to cover the entire area of the law of evidence. In the second place, the treatment of many existing rules has been radical in character. And finally, it should be mentioned that a controversy arose between the reporter and his advisers on the one hand, and Mr. Wigmore, chief consultant, on …

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Privileges And Immunities Under The Fourteenth Amendment, Lucile Lomen Jul 1943

Privileges And Immunities Under The Fourteenth Amendment, Lucile Lomen

Washington Law Review

At the close of the Civil War, the federal government was faced with the serious problem of protecting the newly freed negro from restrictions which the state governments might see fit to impose upon him. The War had been won and the negro freed, but there was no power in the federal government which could insure his civil liberties against state action. The Bill of Rights formed a bulwark against invasion of personal rights by the federal government, but it had no application to other jurisdictions. It was to remedy this situation that the Fourteenth Amendment was proposed and adopted. …

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Freezing Of Labor In Wartime, James Gay Jul 1943

Freezing Of Labor In Wartime, James Gay

Washington Law Review

Regardless of the institutional or political structure of the countries engaged in modem warfare, competition for manpower among the armed forces, agriculture and industries creates labor shortage problems which, of necessity, must be solved by similar methods as long as the total amount of human resources is limited. A cursory glance at the wartime labor legislation of Great Britain, Canada, the U.S.S.R., and Germany shows that the means of coping with the steadily increasing labor shortage are on the whole similar in all four countries. Recent developments in the field of manpower allocation and wage freezing in the United States, …

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Suggested Changes In State Of Washington Laws Regulating County Accounting, Arthur N. Lorig, James S. Schindler Jul 1943

Suggested Changes In State Of Washington Laws Regulating County Accounting, Arthur N. Lorig, James S. Schindler

Washington Law Review

At the 1943 regular session of the legislature of the State of Washington, Senate Bill No. 47 was passed creating a County Codification Committee charged with the duty of preparing a compilation of all of the constitutional and statutory provisions with respect to counties and county officers. The Committee is also required to prepare recommendations for revisions, amendments and additions which it feels should be made to the existing statutory provisions, the recommendations to be embodied in a proposed county code to be submitted to the 1945 legislature. It seems appropriate, therefore, to call attention at this time to some …

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Rights Of Beneficiaries Of Government Savings Bonds, Frank Latcham Jul 1943

Rights Of Beneficiaries Of Government Savings Bonds, Frank Latcham

Washington Law Review

In 1939 the Washington Court in Decker v. Fowler virtually eliminated the effect of the beneficiary provision in government savings bonds by holding that beneficiaries named in the bonds have no right to the proceeds on the death of the purchaser unless there has been a valid inter vivos gift of the bond between the purchaser and the beneficiary. The majority of the court apparently failed to recognize that there was a donee beneficiary contract entered into between the purchaser and the government. In two subsequent Washington cases, where the court has found a contract relation in somewhat analogous situations, …

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Some Observations On The Significance Of The American Bill Of Rights, Kenneth C. Cole Apr 1943

Some Observations On The Significance Of The American Bill Of Rights, Kenneth C. Cole

Washington Law Review

Bills of Rights are like New Year's Resolutions. The discipline they impose is self-imposed. It is also usually imposed in a period of sobriety in the fond hope that the conditions which brought forth excesses in the past will not do so in the future. And, more often than not, the history of nations like that of individuals teaches that while the spirit may be willing the flesh is weak. The flesh is weak because solemn declarations of good intention may have no roots in past performance—the history of the people may have developed no institutions providing an earnest that …

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Desiderata Pertaining To Selected Legal Materials Of Washington, Arthur S. Beardsley Apr 1943

Desiderata Pertaining To Selected Legal Materials Of Washington, Arthur S. Beardsley

Washington Law Review

Of particular importance to a law librarian, but not without interest to the lawyer and student alike, are the bibliographical data and desiderata which pertain to the legal publications of their immediate locale. Through such desiderata, facts, which frequently may be quite unknown or which may have been overlooked, are brought to light and preserved for future interpretative research. Oftentimes, the circumstances surrounding these publications may be unknown or may not have attracted attention because of their common character and daily use. Oftentimes, also, the user may have been too close to them to perceive any peculiarities of imprint, pagination …

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Future Advances On Mortgages In Washington, John B. Krilich Jan 1943

Future Advances On Mortgages In Washington, John B. Krilich

Washington Law Review

When Elnmendorf-Anthony Co. v. Dunn was decided in August, 1941, it completed the law of future advances on mortgages in this jurisdiction. The case dealt with the problem of optional advances by the mortgagee, and the effect of intervening encumbrances upon such advances. Perhaps it will be well to show the fact situation in order to see the problem more clearly.

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Recovery Of Damages For Private Nuisance, Lucile Lomen Jan 1943

Recovery Of Damages For Private Nuisance, Lucile Lomen

Washington Law Review

With a reversal of position amounting almost to defiance of precedent, the majority opinion in Powell v. Superior Portland Cement, Inc. denies damages for injury caused to respondent's premises by dust from appellant's plant at Concrete, Washington. The plant, in operation since 1908, is the main industry of the town, at least half of its residents being economically dependent upon the plant. Respondent, who had resided in Concrete since 1907, in 1934 purchased a home within three blocks of the cement plant, and lived therein until August 1938, when he left Concrete. The home, partially furnished, has been rented since …

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The Collective Bargaining Agreement And Its Legal Effects [Part 2], Nona B. Fumerton Jan 1943

The Collective Bargaining Agreement And Its Legal Effects [Part 2], Nona B. Fumerton

Washington Law Review

A continuation of the article, beginning with the section on Provisions of the Collective Bargaining Agreement.

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Code Making In Early Oregon, Arthur S. Beardsley Jan 1943

Code Making In Early Oregon, Arthur S. Beardsley

Articles

This article was originally printed in the Pacific Northwest Quarterly, vol. 27 (Jan. 1936), 3-33. For the purpose of reprinting, the author has revised and expanded it, and in doing so has had the benefit of certain valuable suggestions from Mr. J. Nielson Barry of Portland, Oregon.

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Military Commissions: Trial Of The Eight Saboteurs, Myron C. Cramer Nov 1942

Military Commissions: Trial Of The Eight Saboteurs, Myron C. Cramer

Washington Law Review

When your President asked me to talk about something and gave me the choice of subjects, I really didn't know just what to select. I much would have preferred that he would have told me what he would like to have me talk about, but being this is a lawyers' meeting and being that we have been through the trial of the eight saboteurs in Washington, I thought that probably you ladies and gentlemen would be interested in the legal aspects of that trial. Now, I have got to say at the outset that so far as the facts are …

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Labor Activities And Anti-Monopoly Legislation, Robert A. Purdue Nov 1942

Labor Activities And Anti-Monopoly Legislation, Robert A. Purdue

Washington Law Review

The uproar of the ancient market place was the symbol of competition until contemporary times. Each purchase or barter was a thing of its own; each buyer was to be treated according to "what this part of the traffic will bear"; each seller was to be heckled until the price would be cut no lower. Although "survival of the fittest" was the keyword, by and large the majority survived. Contrary to popular opinion, however, history has numerous examples of ancient and semi-modern attempts to control some of the unwanted effects of the competitive system. Furthermore, while early civilizations may have …

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The Collective Bargaining Agreement And Its Legal Effects [Part 1], Nona B. Fumerton Nov 1942

The Collective Bargaining Agreement And Its Legal Effects [Part 1], Nona B. Fumerton

Washington Law Review

The significance of the collective labor agreement is naturally of importance to employers and their workers, but the public as a whole has an equally vital interest in the matter. The strike and its picket line, the lockout and the blacklist all create economic waste ultimately borne by the public. The concurrent disruption of industrial life and the imminence of violence and bloodshed suggest the value of industrial peace to the community, ind this is particularly true in wartime, when the utmost possible elimination of interruptions in production becomes a matter of urgent iational concern. The collective agreement, representing the …

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Report Of Advisory Committee On New Code, O. D. Anderson Nov 1942

Report Of Advisory Committee On New Code, O. D. Anderson

Washington Law Review

Washington Laws 1941, Chapter 149, provided for the appointment of a Statutory Code Committee consisting of the State Law Librarian, Mr. Mark H. Wight, the Law Librarian of the University of Washington, Dr. Arthur S. Beardsley, and the Executive Secretary of the Judicial Council, Mr. Alfred J. Schweppe, in collaboration with the publishers of the existing codes, (a) to determine upon and adopt a complete recompilation of the Laws of Washington, and (b) to adopt a uniform and perpetual system for the numbering of the sections thereof. Shortly after this Act was passed, and at the suggestion of the above …

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State Courts Ponder Free Speech, Robert A. Purdue Jul 1942

State Courts Ponder Free Speech, Robert A. Purdue

Washington Law Review

This article will deal particularly with the control exercised by the United States Supreme Court over various state policies toward picketing, and will examine the coupling of that labor activity with freedom of speech. The recent Supreme Court holdings on this subject may have ramifications throughout the field of labor law. Some of these impacts will be suggested, and reference will be made to legal writings discussing particular phases in detail. Washington cases will be examined in the light of federal judicial pronouncements, and the effect of the specific cases decided by the United States Supreme Court upon analagous fact …

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Property Tax Collection Procedure In Washington, Douglas H. Eldridge Jul 1942

Property Tax Collection Procedure In Washington, Douglas H. Eldridge

Washington Law Review

Because of the severity of the situation resulting from delayed and partial property tax collections in recent years, various tax commissions, federal agencies, civic leagues, tax associations, and private bureaus instituted investigations seeking a remedy. One of the conclusions generally reached by investigators of property tax delinquency throughout the country has been that much of tax arrears can be attributed to "the methods that are ordinarily employed in collection." Specifically the phases of property tax collection methods which have been impugned as being conducive to delinquency are: a legal procedure neither carefully devised with the purpose of requiring prompt payment …

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The Federal Trade Commission And The Courts [Part 2], Vern Countryman Apr 1942

The Federal Trade Commission And The Courts [Part 2], Vern Countryman

Washington Law Review

Continuation of the article from volume 17, no 1.

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Listen To The Drums—The Compulsory Joint Return, Robert A. Purdue Apr 1942

Listen To The Drums—The Compulsory Joint Return, Robert A. Purdue

Washington Law Review

That taxation will continue and increase is an obvious truism. This accentuation will, however, have a peculiar interest to Washington taxpayers. A pronounced inequality exists in the application of the income tax to married persons similarly circumstanced but living in community property and non-community property states. The former much more frequently enjoy the privilege of the separate return, thereby avoiding higher surtax brackets, because their state has declared that the income of either, unless from separate property, belongs to both. Since the salary of the husband, for example, is community property, the Supreme Court has held that the spouses could …

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The Courts And Early Bar Of The Washington Territory, Arthur S. Beardsley, Donald A. Mcdonald Apr 1942

The Courts And Early Bar Of The Washington Territory, Arthur S. Beardsley, Donald A. Mcdonald

Washington Law Review

Territorial justice in Washington had its roots in the judicial system of Oregon Territory, where the need for the administration of law and order was the motivating force which initiated the formation of civil authority The adnmnstration of justice, like the civil authority, must expand as the population grows and as the territorial area becomes larger and better organized. Strong men are always needed in the administration of justice; but in the frontier settlement where law and order are often flouted with impunity, even stronger men are needed if the courts are to command the respect which is their due. …

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Appellants' Reply Brief - Mccauley V. Makah Indian Tribe, Docket No. 9924, 128 F.2d 867 (9th Cir. 1942) Feb 1942

Appellants' Reply Brief - Mccauley V. Makah Indian Tribe, Docket No. 9924, 128 F.2d 867 (9th Cir. 1942)

McCauley v. Makah Indian Tribe, Docket No. 9924, 128 F.2d 867 (9th Cir. 1942)

No abstract provided.

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Brief Of Appellees - Mccauley V. Makah Indian Tribe, Docket No. 9924, 128 F.2d 867 (9th Cir. 1942) Feb 1942

Brief Of Appellees - Mccauley V. Makah Indian Tribe, Docket No. 9924, 128 F.2d 867 (9th Cir. 1942)

McCauley v. Makah Indian Tribe, Docket No. 9924, 128 F.2d 867 (9th Cir. 1942)

No abstract provided.

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The Effect Of A Mortgage Foreclosure On A Lease Executed Subsequent To The Mortgage, Snyder Jed King Jan 1942

The Effect Of A Mortgage Foreclosure On A Lease Executed Subsequent To The Mortgage, Snyder Jed King

Washington Law Review

A owns Blackacre in fee. B loans money to A and takes a mortgage on Blackacre as security for the debt. Subsequent to the execution of the mortgage A leases the land to C. A then defaults on his debt and B takes steps to realize on his security. What are the rights and obligations of B, the mortgagee, C, the lessee and A, the mortgagor-lessor?

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The Federal Trade Commission And The Courts [Part 1], Vern Countryman Jan 1942

The Federal Trade Commission And The Courts [Part 1], Vern Countryman

Washington Law Review

But a majority of Congress had a still different idea as to what was needed. In their view, the Federal Trade Commission was to have positive powers for the enforcement of new legislation designed to supplement the existing law, in addition to the powers of investigation and publicity contemplated by the President. Accordingly, the plans of the industrial leaders were rejected, as apparently was Mr. William Howard Taft's assurance that the courts were quite capable of handling the entire matter under the Sherman Act, and in 1914 Congress enacted the Federal Trade Commission Act," creating a five-man commission with power …

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The Courts And Early Bar Of Washington Territory, Arthur S. Beardsley, Donald A. Mcdonald Jan 1942

The Courts And Early Bar Of Washington Territory, Arthur S. Beardsley, Donald A. Mcdonald

Articles

Territorial justice in Washington had its roots in the judicial system of Oregon Territory, where the need for the administration of law and order was the motivating force which initiated the formation of civil authority The administration of justice, like the civil authority, must expand as the population grows and as the territorial area becomes larger and better organized. Strong men are always needed in the administration of justice; but in the frontier settlement where law and order are often flouted with impunity, even stronger men are needed if the courts are to command the respect which is their due. …

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Appellant's Brief - Mccauley V. Makah Indian Tribe, Docket No. 9924, 128 F.2d 867 (9th Cir. 1942) Dec 1941

Appellant's Brief - Mccauley V. Makah Indian Tribe, Docket No. 9924, 128 F.2d 867 (9th Cir. 1942)

McCauley v. Makah Indian Tribe, Docket No. 9924, 128 F.2d 867 (9th Cir. 1942)

No abstract provided.

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Transcript Of Record - Mccauley V. Makah Indian Tribe, Docket No. 9924, 128 F.2d 867 (9th Cir. 1942) Dec 1941

Transcript Of Record - Mccauley V. Makah Indian Tribe, Docket No. 9924, 128 F.2d 867 (9th Cir. 1942)

McCauley v. Makah Indian Tribe, Docket No. 9924, 128 F.2d 867 (9th Cir. 1942)

No abstract provided.

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Tort Liability Of Charitable Corporations, Nona B. Fumerton Nov 1941

Tort Liability Of Charitable Corporations, Nona B. Fumerton

Washington Law Review

The protective and friendly attitude with which the courts and legislatures have viewed charities is reflected in the rule of nonliability for torts committed by such eleemosynary institutions. The rationales for this exemption may be briefly classified into five main groups. The first and most all inclusive, is the trust fund doctrine based on an early English case and exemplified by the Massachusetts decisions. Under this theory a charitable institution can not be held liable for the negligence of servants and employees or administrative officials.Nor is the court concerned with the status of the plaintiff as beneficiary, employee or stranger. …

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Conditional Remainderman—Beware!, Maryhelen Wigle Nov 1941

Conditional Remainderman—Beware!, Maryhelen Wigle

Washington Law Review

If the tax on transfer at death of anticipatory estates levied by the Sovereign State of Washington is imposed upon their inheritance, and is payable by the beneficiary on his future as distinguished from his possessory interest, a legatee or devisee of a conditional remainder may find himself paying handsomely for the mere privilege of having been remembered by the testator in his wilp—a somewhat ephemeral consideration, to put it mildly. The purpose of this article is to examine our Inheritance Tax laws with the object of determining (a) whether the tax is imposed upon the remainderman's legacy, and, if …

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