Legislation Commons^™

Review: Annual Survey Of English Law 1929. London School Of Economics And Political Science (University Of London) Department Of Law., Everett S. Brown

Michigan Law Review

A Review of ANNUAL SURVEY OF ENGLISH LAW 1929. London School of Economics and Political Science (University of London) Department of Law.

Law In The Making, Burke Shartel

Michigan Law Review

A review of LAW IN THE MAKING By Carleton Kemp Allen.

Legislative Principles, Carl H. Manson

Michigan Law Review

A review of LEGISLATIVE PRINCIPLES By Robert Luce.

Review: Annual Survey Of English Law, 1928 And State Law Index-An Index And Digest To The Legislation Of The United States Enacted During Ths Biennium 1925-1926.

Michigan Law Review

A Review of ANNUAL SURVEY OF ENGLISH LAW, 1928. By the London School of Economics and Political Science., and STATE LAW INDEX-AN INDEX AND DIGEST TO THE LEGISLATION OF THE UNITED STATES ENACTED DURING THS BIENNIUM 1925-1926. By the Legislative Reference Service of the Library of Congress.

When Is A Treaty Self-Executing, Leslie Henry

Michigan Law Review

A self-executing treaty is a treaty which of its own force furishes a rule of municipal law for the guidance of municipal courts in deciding cases involving the rights of individuals.

Ordinarily treaties are simply agreements or contracts between two or more sovereignties, obligating them to carry out the mutual promises contained therein. But under our Constitution a treaty is of greater force. It may operate as a law, just like an act of Congress. But the constitutional provision is not mandatory. Not every treaty provision is necessarily a law. For example, a promise to secure the passage of legislation …

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 …

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.

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 …

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."

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 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 …

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 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 …

Change In The Meaning Of Consortium, Evans Holbrook

Articles

LAWYERS have long boasted of the flexibility of the common law, of its ability to adapt itself to the needs of changing conditions of society, of its responsiveness to sociological progress. And while eager reformers have often-and with much reason complained that the law is laggard in its response to the needs of the people, yet it is clear that sooner or later the courts generally bring themselves into accord with "what is sanctioned by usage, or held by the prevailing morality or strong and preponderant public 'opinion to be greatly and immediately necessary to the public welfare." This responsiveness …

Perpetuity Statutes, Edwin C. Goddard

Articles

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, …

Legislation In Vague Or General Terms, Ralph W. Aigler

Articles

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 …

Note And Comment, Edwin C. Goddard, George Seletto, Edson R. Sunderland, Victor H. Lane, Burke Shartel, George E. Longstaff

Michigan Law Review

Carriers - Second Cummins Amendment - It was seven years after the Carmack Amendment of the Hepburn Act of i9o6 before the Supreme Court began that series of decisions, extending from Adams Express Co. v. Croninger, 226 U. S. 491 (1913), to George N. Pierce Co. v. Wells, Fargo & Co., 236 U. S. 278 (1915), which directly resulted in the First Cummins Amendment of March, 1915. One has only to read those cases, reviewed in 13 Micn. L. REv. 59o, and other notes referred to in 17 MICH. L. Rzv. 183, to see that the language of the Cummins …

Indemnity Act Of 1863 A Study In The War-Time Immunity Of Governmental Officers, James G. Randall

Michigan Law Review

One of the familiar measures of the Union administration during the Civil War was the suspension of the habeas corpus privilege and the consequent subjection of civilians to military authority. The essential irregularity of such a situation in American law is especially conspicuous when one considers its inevitable sequel-namely, the protection of military and civil officers from such prosecution as would normally follow invasion of private rights and actual injury of persons and property. Such protection was supplied by a bill of indemnity passed in 1863, and this law, with its amendment of i866, forms a significant chapter in the …

Note And Comment, Edgar N. Durfee, Cyril E. Bailey, Edwin B. Stason, William C. O'Keefe, Clyde Y. Morris

Michigan Law Review

The Basis of Relief from Penalties and Forfeitures - The equitable principle of relief from penalties and forfeitures is so far elementary as almost to defy analysis. Many, perhaps most, of the judicial explanations of the principle have based it upon interpretation or construction, appealing to the doctrine that equity regards intent rather than form. Yet a logical application of this doctrine would lead to results very different from those which have actually been arrived at in the decisions. Thus, a stipulation in a mortgage that the mortgagor waives his equity of redemption can hardly be interpreted as meaning that …

Methods For Relieving Courts Of Last Resort From The Growing Burden Of Appeals, Edson R. Sunderland

Articles

"At the last meeting of the Michigan State Bar Association, held in Detroit in June, 1920, the question of employing an intermediate appellate court in this state, as a means for relieving the Supreme Court and expediting the disposal of appeals, was discussed at some length, and it was thereupon moved and carried that the whole subject be referred to the Committee on Legislation and Law Reform to be investigated, and that the Committee report upon the matter at the next meeting of the Association."

Supreme Court's Construction Of The Federal Constitution In 1920-1921, Thomas Reed Powell

Michigan Law Review

While the Constitution does not in terms forbid the United States, as it forbids the states, to pass any law impairing the obligation of contracts, the principle has become established that contracts made by the United States may create rights of which individuals may not be divested. This principle is attached to the Fifth Amendment's prohibition against depriving any person of property without due process of law. In applying this principle, United States v. Northern Pacific Ry. Co.2 held that a grant of land to a railroad to induce its construction is a contract, and that provisions for substituting indemnity …

Declaratory Judgments, Edson R. Sunderland

Articles

The subject of declaratory judgments has received a great deal of attention in the United States during the last few years, and the interest aroused has resulted in the enactment of statutes in a considerable number of states authorizing courts to declare the rights of parties in cases where relief of the conventional sort is inadequate, inconvenient or impossible. Such judgments may now be obtained in California, St I92I, ch. 463; Connecticut, P. A. 1921, ch. 258; Florida, Laws 1919, No. 75; Hawaii, Laws 1921, Act 162; Kansas, Laws 1921, cl. 168; New Jersey, Laws 1915, ch. 116, Sec. 7; …