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Articles 4351 - 4368 of 4368

Full-Text Articles in Administrative Law

Constitutional Law-Delegation Of Legislative Power - Utah Milk Control Act, Edward S. Biggar Dec 1940

Constitutional Law-Delegation Of Legislative Power - Utah Milk Control Act, Edward S. Biggar

Michigan Law Review

The Utah Milk Control Act declared the necessity of stabilizing the production and distribution of market milk, for the purpose of insuring "a continuous and adequate supply of pure, wholesome milk." The state board of agriculture was authorized to fix prices and regulate the surplus of milk in particular marketing areas. Provision was made for public hearings to precede the board's issuance of regulatory orders. In fixing prices, the board was directed to consider the cost of "producing, handling, pasteurizing, and distributing" the milk to be sold. There was no requirement that the orders promulgated contain any specific provisions. Pursuant …


Constitutional Law - Carriers - Supersedure Of State Regulations By Federal Regulations - Regulation Of Hours Of Service Of Motor Vehicular Drivers - Effect Of Federal Motor Carrier Act Of 1935, Fred C. Newman Nov 1939

Constitutional Law - Carriers - Supersedure Of State Regulations By Federal Regulations - Regulation Of Hours Of Service Of Motor Vehicular Drivers - Effect Of Federal Motor Carrier Act Of 1935, Fred C. Newman

Michigan Law Review

Defendant, whose business was chiefly interstate, violated a statute of New Hampshire which regulated the hours of service of drivers of certain motor vehicles. The violation occurred after the passage of the Federal Motor Carrier Act of 1935, which, among other things, conferred authority upon the Interstate Commerce Commission "to establish reasonable requirements with respect to . . . maximum hours of service of employees" of common and contract carriers by motor vehicle in interstate commerce. At the time of the breach of the state statute, the Interstate Commerce Commission had not prescribed regulations as to hours of service. Defendant …


Federal And State Cooperation Under The Constitution, Louis W. Koenig Mar 1938

Federal And State Cooperation Under The Constitution, Louis W. Koenig

Michigan Law Review

Federalism, as a system of government, is peculiar in that it involves a union of several autonomous political entities for · common purposes which may be achieved through apportioning the sum total of legislative power between a "national" or "central" government, on the one hand, and constituent "states" on the other. In our own federation, a written Constitution has sought to define the functions of both these centers of government, assigning to each certain spheres of influence upon all persons and property within a given territory. At the Constitutional Convention, the committee of detail carefully listed the powers of the …


Public Utilities - Rate Regulation - Reproduction Cost And Prudent Investment As Factors In Determining "Fair Value", Erwin B. Ellmann Mar 1938

Public Utilities - Rate Regulation - Reproduction Cost And Prudent Investment As Factors In Determining "Fair Value", Erwin B. Ellmann

Michigan Law Review

At a hearing conducted by the California Railroad Commission, the existing gas rates charged by a utility were deemed unreasonable, and a new schedule of rates was prescribed. The commission, in determining the rate base, used historical cost exclusively, and refused to attach any weight to the present cost of reproducing the properties. A three-judge federal court enjoined the enforcement of the rates without making a finding that as prescribed the rates were confiscatory. Held, by a majority of the Court, the trial court was without power to enjoin the enforcement of the rates, regardless of the method of …


Administrative Bureaus And The Lawyers: Some Comments Related To Missouri, Ralph F. Fuchs Jan 1938

Administrative Bureaus And The Lawyers: Some Comments Related To Missouri, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.


Regional Agencies For Metropolitan Areas, Ralph F. Fuchs Jan 1936

Regional Agencies For Metropolitan Areas, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.


Accomplishments Of The Missouri Bar Association In Improving Judicial And Governmental Administration, 1926-1936, Ralph F. Fuchs Jan 1936

Accomplishments Of The Missouri Bar Association In Improving Judicial And Governmental Administration, 1926-1936, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.


Cooperation Between The Interstate Commerce Commission And The State Commissions In Railroad Regulation, Martin L. Lindahl Jan 1935

Cooperation Between The Interstate Commerce Commission And The State Commissions In Railroad Regulation, Martin L. Lindahl

Michigan Law Review

Cooperation between the Interstate Commerce Commission and the state commissions in railroad regulation has been developed to increase the effectiveness of public control under our dual regulatory system. The division of power between federal and state governments, based upon the traditional distinction between interstate and intrastate commerce, has led to a multitude of diverse and conflicting statutes and administrative orders applicable to the same set of transportation agencies. In large measure the problem of dual control has been solved by giving to the federal government a virtually complete occupancy of the fields of rate, finance, and service regulation of interstate …


Public Utilities-Rate Base-Allowance For Depreciation Jun 1934

Public Utilities-Rate Base-Allowance For Depreciation

Michigan Law Review

Plaintiff toll bridge company appealed from an order of the Pennsylvania Public Service Commission which set a value for rate-making purposes on their bridge property, constructed in 1924-25, identical to the original valuation order of 1926, for the rate-base as of February 2, 1932. The order allowed a depreciation deduction annually which, with 4 per cent simple interest, would amount to enough to replace the bridge at the end of its estimated period of usefulness. The company claimed the order was confiscatory, as based solely on original cost, without taking into account current cost of reproduction; and that interest should …


Railroads - Power Of Interstate Commerce Commission To Order Extensions Jun 1933

Railroads - Power Of Interstate Commerce Commission To Order Extensions

Michigan Law Review

After due hearing upon a complaint filed by the Public Service Commission of Oregon asserting a failure to provide adequate transportation facilities to a large and unexploited area within that State, the Interstate Commerce Commission found that public necessity and convenience required the construction of a connecting line 185 miles in length. The Commission also found that the proposed extension, adding 1.2 per cent to the existing mileage of the Union Pacific system and costing approximately $10,000,000, would not seriously affect the ability of that organization adequately to serve the public; and that though the venture might not be profitable …


Due Process Of Law In State Labor Legislation, Fowler Vincent Harper Jun 1928

Due Process Of Law In State Labor Legislation, Fowler Vincent Harper

Michigan Law Review

With this material in mind, is it possible to arrive at any useful conclusions as to what constitutes due process of law in labor legislation? In each group of cases, there seem to be two distinct, though inseparable functions of the judicial process of reviewing the legislation in question. The courts, in brief, are arriving at conclusions both of fact and of law. The impression was, at one time prevalent that the extent of review of certain types of labor legislation was limited to the reasonableness of the' statute as respects the end sought and the means of attaining that …


Public Utility Valuation For Rate Making Purposes Nov 1927

Public Utility Valuation For Rate Making Purposes

Michigan Law Review

Ever since Munn v. Illinois (1876) 94 U. S. 113, which first decided that the charges to be made for services rendered by public utilities were to be subject to governmental regulation, the courts have been confronted with a problem, so elusive and indefinite, that over five decades of litigation and wrangling have failed to provide a satisfactory solution. The so called "rule" of Smyth v. Ames (1898) 169 U. S. 466, specifying the elements to be considered in ascertaining the value of public utilities for the purpose of rate-making, has only served to submerge the problem further in its …


Fair Value Of Public Utilities, Edwin C. Goddard Jun 1924

Fair Value Of Public Utilities, Edwin C. Goddard

Michigan Law Review

Such being the decisions, we turn to the practical working of the theories that have been applied. The law is a practical subject. Even in so sacred a matter as protection of property, rules of law should regard the practical results of any theory. A theory that works badly, presumptively at least, is defective, and may be wrong. The guaranties of the Constitution were made for man, not man for the guaranties, and a conception of property that does not work out for the advantage of man may raise a query whether the Constitution demands that conception. It was that …


State Regulation Of The Canal Corporation In Colorado, Leonard P. Fox Jan 1918

State Regulation Of The Canal Corporation In Colorado, Leonard P. Fox

Michigan Law Review

Inapplicability of the common law doctrine of riparian rights to conditions in the arid region moved the first territorial legislature of Colorado to recognize the counter doctrine of prior appropriation. In fact, the right to the water in the streams of Colorado, by prior appropriation, antedated any legislation. "It was the common law of the people, and legislation, both national and territorial, was but a recognition declaratory of the right as it had theretofore and then existed."-1 Adhering to territorial precedent, Colorado was the first state to incorporate the priority doctrine in its organic law.


Ley Del Servicio Civil De Cuba De Enero 18 De 1909, Cuba Jan 1909

Ley Del Servicio Civil De Cuba De Enero 18 De 1909, Cuba

Cuban Law

Han sido dos las ideas generadoras de la Ley: organizar en carrera especial, el servicio activo y permanente de la administración civil e independizar, hasta donde fuere posible, de la influencia política, la Administración. Sobre estos dos pensamientos fundamentales se desenvuelve el articulado de la Ley.


Newton D. Baker Scrapbook, October 1904-February 1905, Newton D. Baker Jan 1905

Newton D. Baker Scrapbook, October 1904-February 1905, Newton D. Baker

Newton D. Baker Scrapbooks

No abstract provided.


James T. Fant V. The Auditor Of Public Accounts, Thomas M. Cooley Nov 1877

James T. Fant V. The Auditor Of Public Accounts, Thomas M. Cooley

Articles

Two district attorneys complained that they were unlawfully deprived of their salary when the number of attorneys was reduced from thirteen to eleven by legislative action -- $1200 each. With the reduction in number of attorneys came the move to limit these two attorneys to service only in their counties of residence and a reduction in salary to $100 each. "When by law provision has been made for a certain number, and they have been lawfully chosen, they are protected for the term, as they would have been had the constitution itself indicated how many there should be."


Griswold V. Bay City, Thomas M. Cooley Dec 1876

Griswold V. Bay City, Thomas M. Cooley

Articles

1. RIGHT OF OWNERS OF ADJOINING LOTS TO MATERIAL TAKEN FROM STREETS - SALE OF SAME BY CITY. - In grading a street for the purpose of paving, it was necessary to remove earth which the city had no occasion for, and the street commissioner sold the same to a party who removed and used it. In an action to recover the purchase-price the purchaser defended, claiming that the city did not own the earth, but that it was owned by the adjoining lot-owners. There was no showing that the earth was of any peculiar value, nor did it appear …