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Articles 751 - 780 of 793
Full-Text Articles in Administrative Law
Trade Restraints - Resale Price Maintenance
Trade Restraints - Resale Price Maintenance
Michigan Law Review
Petition to review an order of the Federal Trade Commission requiring the petitioner to cease and desist certain trade methods found to be unfair. Held, that while the petitioner had a right to refuse to sell goods to those who did not sell them at the suggested resale prices, with the further right to state to them its reasons for so doing, the petitioner was rightly ordered to desist from requiring dealers, placing orders, to give assurance that they would be governed by the suggested resale prices as a condition precedent to the acceptance of the orders. Shakespeare Co. …
Report On The Enforcement Of The Deportation Laws Of The United States, E. Blythe Stason
Report On The Enforcement Of The Deportation Laws Of The United States, E. Blythe Stason
Michigan Law Review
This report is concurred in by nine of the eleven members of the Commission. Two members, Henry W. Anderson and Kenneth Mackintosh, file dissenting statements. The Report is accompanied by a thoroughly interesting research study of the administration of the deportation laws, prepared by Reuben Oppenheimer. Since this study constitutes the basis of the report, and since the majority of the Commission concur in the conclusions and recommendations set forth in it, the following remarks will deal primarily with the study itself.
Administrative Tribunals-Right To Federal Injunction Against Administrative Orders
Administrative Tribunals-Right To Federal Injunction Against Administrative Orders
Michigan Law Review
The public utility commission of Ohio refused to permit the plaintiff motor bus company to operate over a portion of the route for which application was made for a certificate. The plaintiff applied to the federal district court for an injunction against enforcement of the commission's order on the ground that it amounted to a deprivation of property without due process. A temporary injunction was granted. Thereafter, the plaintiff took a statutory appeal to the state supreme court, which affirmed the order, after which the plaintiff sought a permanent injunction in the federal court. Held, the decision of the …
Public Utilities-Power Of Interstate Commerce Commision To Give Certificate Of Convenience And Necessity
Michigan Law Review
Certain coal fields in West Virginia are served by the Chesapeake and Ohio, the Norfolk and Western, and the Virginian railroads. The Chesapeake and the Norfolk compete for the westbound coal traffic coming over the Virginian which has no lines in the western part of these fields. The Interstate Commerce Commission authorized the Virginian to build a short connecting line which made possible much cheaper carriage over the Chesapeake, and authorized the Norfolk to construct a similar line in order to compete on equal terms. The Chesapeake sought a reversal on the ground that the Interstate Commerce Commission is not …
Administrative Finality, A. Martin Tollefson
Administrative Finality, A. Martin Tollefson
Michigan Law Review
The purpose of this article is two-fold. In the first place it is intended to set forth certain determining factors (a) as to whether or not administrative decisions are subject to review in cases where their finality is challenged before the courts and (b) if subject to review, to what extent. The second purpose is to call attention to the need for improvement in this country along the lines of executive or administrative justice from the standpoint of better agencies and better- facilities for disposing of litigated questions within the administrative tribunals. It should be said at the outset, however, …
Administrative Tribunals--Judicial Notice
Administrative Tribunals--Judicial Notice
Michigan Law Review
The plaintiff corporation, a retail distributor of gas, contracted for its supply over a three-year period from a service company, and filed its rate schedule with the public utilities commission. The commission ordered a lower rate, its order being based on files of schedules of other distributing companies, which were found to show that the plaintiff's contract was excessive and that a lower rate could have been contracted for. These files were not introduced into evidence, but the commission took notice of them as a matter of public record. Plaintiff petitioned for an injunction against enforcement of the order. Held …
Administative Tribunals-Judicial Review Of Legislative Functions
Administative Tribunals-Judicial Review Of Legislative Functions
Michigan Law Review
On refusal of the Federal Radio Commission to renew its license for a broadcasting station with the existing terms, on the ground that public convenience and necessity did not require it, the applicant company availed itself of a statutory appeal to the court of appeals of the District of Columbia which reversed the finding as to public convenience and necessity. The commission applied to the United States Supreme Court for a writ of certiorari. Held, writ dismissed on the theory that the court had no jurisdiction to review the exercise pf an administrative or legislative power, and that the …
Carriers-Division Of Joint Rates
Carriers-Division Of Joint Rates
Michigan Law Review
The divisions here involved were those to be made in joint rates between points in southwestern territory and those in western trunk-line territory, or via western territory to and from eastern points. The line between western and southwestern territory passes through St. Louis and other Missouri and Illinois towns. The divisions of these joint rates between the carriers in these territories had been in existence for many years and were without uniform or rational basis. The Interstate Commerce Commission, investigating these divisions, found them more favor able to southwestern lines than present circumstances justified. Conditions in southwestern territory had become …
Cooperative Associations And The Public, John Hanna
Cooperative Associations And The Public, John Hanna
Michigan Law Review
The American Institute of Cooperation at its first summer meeting in Philadelphia in 1925, devoted many hours to a consideration of the definition of agricultural cooperation. Even at that time cooperative associations had been described, if not defined, by federal legislation. The Bureau of Internal Revenue, the War Finance Corporation and the Intermediate Credit Banks, had also been compelled on numerous occasions to decide whether or not a particular association was entitled to the privileges accorded cooperatives. A determination of the nature of a cooperative was implied in the standard marketing acts adopted in nearly all of the American states. …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Administrative Tribunals-Operation Of Administrative Orders As Res Judicata
Administrative Tribunals-Operation Of Administrative Orders As Res Judicata
Michigan Law Review
To the layman res judicata is simply another one of those esoteric legal subterfuges by which lawyers evade the simple facts and win lawsuits for their clients. So he shrugs his shoulders at the whole silly business and confines his interest in the law to the dramatic trio: great crimes, great names, and great figures. To the lawyer, principle is dominant. Though he may quibble over its spelling, he recognizes res judicata as a sound working principle and is interested in the popular case mainly because good legal talent will be employed, capable arguments presented, and sound decisions reached.
Administrative Law-Delegation Of Legislative Power To Administrative Tribunals
Administrative Law-Delegation Of Legislative Power To Administrative Tribunals
Michigan Law Review
Thirty years ago it was generally said and believed that no part of the legislative power could be delegated to any other department of government or to any administrative officer or officers. That was a fundamental principle of constitutional law thought essential to the integrity and maintenance of the system of government established by the constitution. But as social and industrial problems became more complex, calling for an ever greater amount of governmental regulation, legislative bodies found themselves unable to attend to the ever increasing volume of technical detail. Furthermore, the nature of the problems was often such as to …
Due Process Of Law In State Labor Legislation, Fowler Vincent Harper
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 …
Congress And The National Administration, John A. Farlie
Congress And The National Administration, John A. Farlie
Michigan Law Review
Under the Constitution of the United States, Congress is vested with legislative powers; and under the classical doctrine of the separation of powers, it is primarily a law-making organ. A recent writer on government has, however, analyzed its functions under seven heads, as follows: as a constituent assembly, a canvassing board and electoral college, an organ of public opinion, a board of directors, an organ of legislation, an executive council, and a high court of justice. In its capacity as board of directors, he also states that "the whole power of direction, supervision and control of administrative affairs is legally …
Public Utility Valuation For Rate Making Purposes
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 …
Public Utilities -Statutory Review By The State Supreme Court Of A Decision By The Commission
Public Utilities -Statutory Review By The State Supreme Court Of A Decision By The Commission
Michigan Law Review
Fifteen states in enacting public utility laws creating public utility commissions, have provided for an appeal on review of commission decisions, by the supreme court of the state. Other states provide for review by lower state courts with a subsequent appeal therefrom to the supreme court. No doubt, the direct appeal goes hand in hand with the more expeditious legal procedure exemplified by the creation of such administrative tribunals. In most states, including eight of the above fifteen, the constitutions provide that the jurisdiction of the supreme courts shall be appellate only, except for a few prerogative writs of original …
Administrative Law-Evidence-Probative Value Of Hearsay Testimony Before Administrative Tribunals
Administrative Law-Evidence-Probative Value Of Hearsay Testimony Before Administrative Tribunals
Michigan Law Review
In the recent case of Lloyd-McAlpine Logging Co. v. Whitefish (Wis. 1926) 206 N. W. 914, the plaintiff brought action to vacate the award of the Industrial Commission in favor of the children of the deceased workman, who was killed in the course of his employment with the plaintiff company. Under the Wisconsin statute (Stat. 1925, sec. 102.11 (3) (c)) in awarding compensation to the children, a showing that they were living with the deceased and that there is no surviving dependent parent, is required. The Commission, on the testimony of a witness whose expressions were mere conclusions, with no …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Public Utilities-Power Of Commission To Change Rate Paid By Private User Under Special Contract With The Utility
Michigan Law Review
Within the last decade the right of the state to change the rates of a public utility, as fixed by contract, has been presented to the courts numerous times. An examination of the cases on the subject shows that much of the law has now become settled.
Conclusiveness Of The Federal Trade Commission's Findings As To Facts, Gregory Hankin
Conclusiveness Of The Federal Trade Commission's Findings As To Facts, Gregory Hankin
Michigan Law Review
The Federal Trade Commission Act and the Clayton Act provide that the Commission's findings as to facts, if supported by testimony, shall be conclusive. Now that the Commission has functioned for almost ten years and a considerable number of its findings have been reviewed by the courts, it is interesting to examine the effect of this statutory provision. In other words, are the findings of the Federal Trade Commission as to facts, if supported by testimony, actually conclusive on the courts when appeal is taken to the Circuit Court of Appeals? This we shall discuss apart from the question--"What, as …
Fishing Expeditions By Commissions, John Leland Mechem
Fishing Expeditions By Commissions, John Leland Mechem
Michigan Law Review
Can Congress, under the Commerce Clause of the Constitution, delegate visitorial powers over private corporations engaged in interstate commerce, to the extent of granting unlimited and unrestricted examination and inspection of private papers and effects, with the right to copy them?
Fair Value Of Public Utilities, Edwin C. Goddard
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 …
Some Constitutional Phases Of The Cummins Railroad Consolidation Bill
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 Supreme Court's Adjudication Of Constitutional Issues In 1921-1922, V, Thomas Reed Powell
The Supreme Court's Adjudication Of Constitutional Issues In 1921-1922, V, Thomas Reed Powell
Michigan Law Review
By the terms of Article III of the Constitution the federal judicial power extends to cases and controversies of various kinds, and it is established that no dispute, even though otherwise cognizable, can be brought before the federal courts unless they are technically a case or a controversy. In illustration of this, Fairchild v. Hughes held that a private citizen with no other interest at stake than his personal opposition to woman suffrage can not bring a bill to restrain the Secretary of State from issuing a proclamation declaring the ratification of the Nineteenth Amendment.
Procedure And Practice Before The Federal Trade Commission, John Leland Mechem
Procedure And Practice Before The Federal Trade Commission, John Leland Mechem
Michigan Law Review
The Federal Trade Commission, now in its eighth year, has successfully withstood the attacks, judicial and political, which threatened at times to destroy it, or, at least, to render it impotent. The act creating it has been held constitutional; its powers and duties have been defined; the present administration has indorsed it; and the public have come to realize its power for good. As its activities have expanded its influence has become definitely felt by the business world. The increasing interest of both business men and members of the profession warrants a brief exposition of the practice before the Commission, …
Ministerial And Discretionary Official Acts, Edwin W. Patterson
Ministerial And Discretionary Official Acts, Edwin W. Patterson
Michigan Law Review
Two recent cases, one in Michigan and one in Iowa, bring up again the insistent question of judicial control over administrative action and the oft-repeated distinction between "ministerial" and "discretionary" official acts.