State and Local Government Law Commons^™

Constitutional Law - Twenty-First Amendment - Validity Of State Statute Discriminating Against Liquor Imports, Benjamin Guille Cox

Michigan Law Review

A Michigan statute prohibited local dealers from selling beer manufactured in a state designated by the Michigan Liquor Control Commission, acting pursuant to statutory standards, as one which by its laws discriminated against Michigan-made beer. Because Indiana was one of ten states so designated, an Indiana brewing company filed a bill in the federal court to enjoin enforcement of the Michigan statute as unconstitutional under the interstate commerce, equal protection and due process clauses of the Federal Constitution. Held, that the bill should be dismissed, since the statute, even though discriminating among importers, was a valid enactment under the …

Necessity For Compensation For Violation Of A Restrictive Covenant In An Eminent Domain Proceeding, Wayne C. Booth

Washington Law Review

In eminent domain proceedings where the state or a repository of state power seeks to use land within a restricted residence area for a purpose not consistent with the restrictive covenants, recovery of compensation by adjacent owners in the subdivision for this violation seems dependent upon whether the interest created by the covenants in the adjacent owners is a "property right". If it is a property right it can not under most state and the federal constitutions be taken by eminent domain unless compensation is made.' On the other hand, if the interest be not "property" no compensation need be …

Constitutional Law - Intoxicating Liquors - Power Of A State To Regulate And Tax The Sale And Import Of Liquor In A National Park, Stanton J. Schuman

Michigan Law Review

California ceded to the United States the territory within the state borders known as Yosemite Park, reserving to the state the right to "tax persons and corporations, their franchises and property on the lands included in said parks." California then laid excise and license taxes on the sale and importation of intoxicating liquors. The tax act contained some regulatory measures and the license was granted only after certain regulations were satisfied. T was an operator of stores and tourists' camps in the park who protested payment of these taxes. Held, the tax provisions were enforceable; but the regulatory provisions …

Public Utilities - Franchises - Enforceability Against Utility Of Franchise Provision Regarding Rates When City Is Not Bound, Menefee D. Blackwell

Michigan Law Review

The charter of the city of Texarkana, Texas, provided that none of the privileges usually granted public utilities should be enjoyed in the city except such as were permitted by franchise given by the city council, and that such franchises should expressly reserve the right of regulating the utilities. The city entered a franchise agreement with respondent utility by which rates charged in the Texas city were not to be higher than those charged in another part of the city which was in Arkansas. The Arkansas rates were lowered by judicial action, and this proceeding was to enforce the lower …

Zoning - Construction Of Ordinance Restricting District To Residences - Rooming House As Business, S. R. Stroud

Michigan Law Review

Plaintiff purchased the property in question on January 26, 1934. The property was subject to restrictive covenants, running with the land until January 26, 1930, which prohibited use for "any trade or business whatsoever or any boarding house." On August 18, 1922, a temporary zoning ordinance of the city of Long Beach was adopted to retain the advantages secured by the restrictive covenants. This was followed by a permanent zoning ordinance on July 8, 1930. Under the permanent zoning ordinance the property in question was included in "Residence A" district which was restricted to "a one family detached house for …

Negligence - Violation Of Statute As Negligence Per Se - Exceptions To The Doctrine, John C. Griffin

Michigan Law Review

Plaintiff's intestate was driving along the main thoroughfare when B drove into the main highway from a side street without stopping, thereby colliding with the automobile of the intestate. Two days prior to this accident an automobile owned by S negligently collided with one of the defendant's buses with the consequence that defendant's bus, without negligence on defendant's part, knocked down an arterial stop sign. This stop sign had been erected at the intersection of the main highway and the side street out of which B drove his car. A Washington statute made anyone who should deface, mutilate, tear down, …

Automobiles - Registration Of Title And Transfer - Effect On Ownership, Gerald M. Stevens

Michigan Law Review

Who owns this automobile? is a question of frequent interest both to the state and to its citizens. Identification of it and its owner may be a leading clue to the solution of crime; its owner must often be apprehended as the first step toward punishment of one of the considerable list of offenses peculiar to the operation of motor vehicles; it constitutes an important item of taxable property. The private citizen is interested in its ownership to identify the proper defendant in his tort action; it is an obvious source of satisfaction of his claim against a debtor; or …

Rule Against Perpetuities - Testamentary Provision Making Gift Vest On Distribution Of Testator's Estate, Henry L. Pitts

Michigan Law Review

Testator devised and bequeathed the residue of his estate to four specified chair officers of a lodge who were to be "the four chair officers in office at the time of distribution of my estate." These officers were elected annually. The lower court found that the clause was void as in contravention of sections 715 and 716 of the Civil Code of California. The four individuals holding the named offices in the lodge appealed. Held, affirmed. In re Campbell's Estate, 94 Cal. App. Dec. 482, 82 P. (2d) 22 (1938).

A Warning Signal For Municipal Bondholders: Some Implications Of Erie Railroad V. Tompkins, Irvin Long

Michigan Law Review

That branch of municipal bond litigation in which the character and validity of the obligations is involved has usually been conducted in the federal courts. Bondholders pressing for payment of their defaulted bonds usually are nonresidents of the state where the city, county or other defaulting municipality is located. Varying and contradictory state court decisions taught them that no settled rule of decision in the state courts could be expected. The arguments of their counsel, which many of the earlier volumes of the Supreme Court reports preserve, show that they distrusted a judiciary elected for short terms, as was the …

Municipal Corporations - Police Power - Validity Of Ordinance Fixing Closing Hours, Fred C. Newman

Michigan Law Review

P, a general grocery store, brought an action to have a certain ordinance declared unconstitutional and to enjoin the enforcement of the ordinance. The ordinance provided that stores which sold or distributed "any uncured or uncooked meats or other foods of any kind intended for human consumption" should be open for business only between the hours of duty established for the municipal meat and food inspection department. Bona fide hotels, boarding houses, lodging houses, restaurants, drug stores, confectionery stores, dispensers of beverages, distributors of milk and cream, ice cream and soda fountains were expressly excepted from the operation of …

Constitutional Law-Freedom Of The Press-Freedom Of Speech And Assembly-Police Power, John N. Seaman

Michigan Law Review

The recent decision by the federal district court in the case of Committee for Industrial Organization v. Hague has brought the civil liberties issue to the forefront again. Acting under a city ordinance, defendant's mayor, director of public safety, and chief of police refused to issue a permit to plaintiff labor union to distribute circulars, hold public meetings, or display placards in Jersey City, and excluded plaintiff's members from the city, acting under the belief that their doctrines were "un-American," and that their presence and activities were likely to provoke the city's inhabitants to breaches of the peace. It was …

Public Utilities - Power Of City To Reduce Rates Allowed By Franchise, M. D. Blackwell

Michigan Law Review

The city of Miami gave a franchise to a utility to sell electric power, providing that after a stated period of time it should have the right to charge rates which would enable it to have an annual return of at least ten per cent on the rate base over and above operating expenses. The right to set rates, however, was made "subject to the lawful regulatory authority of the city or state commission having jurisdiction," and it was further provided that "this grant shall at all times be subject to the right of the state of Florida, directly or …

A Program For The People - For The Taxpayers - Communist Party Of The U.S.A., Communist Party Of The U.S.A.

Ina and Noel Harris Collection

Pamphlet campaigning for Albert J. (Mickie) Lima, Candidate for City Council that outlines their plan for labor, general improvements for Eureka and issue to stop monopoly corruption of city government.

Issued By: Eureka Branch, Communist Party of the U.S.A. Election Campaign Headquarters: 1404 Albee St. Eureka, CA.

Receiverships In Kentucky, W. Lewis Roberts

Kentucky Law Journal

No abstract provided.

Municipal Corporations - Licenses - Amount Of Fee, S. R. Stroud

Michigan Law Review

The defendant, a sandwich peddler, was convicted in the justice court of violation of an ordinance requiring peddlers to have a license. Upon appeal to the circuit court the conviction was set aside on the ground that the ordinance requiring a peddler to obtain a license at $150 per vehicle per year was invalid since the fee was unreasonably high. Held, the circuit court should be reversed and the conviction sustained since the amount of the license fee could not be considered unreasonably excessive in view of all the circumstances. People v. Riksen, 284 Mich. 284, 279 N. …

Evidence - Municipal Ordinances - Admission Of Evidence Of Enactment When Record Is Silent, Robert E. Sipes

Michigan Law Review

In a suit by a village to require the removal of the equipment of an electric distribution company from the streets of the village, the company sought to introduce in evidence a copy of a purported ordinance giving it a twenty-five year franchise. There was no mention of such an ordinance in the record of proceedings of the village council. Held, such evidence is not admissible to show the acts of a municipal council when the records of its proceedings are available. Village of Deshler v. Southern Nebraska Power Co., 133 Neb. 778, 277 N. W. 77 ( …

Some Constitutional Aspects Of The Kentucky Municipal Housing Commission Act, Phillip Schiff

Kentucky Law Journal

No abstract provided.

The Control Of Inferior Jurisdictions By The Kentucky Court Of Appeals, Charles M. Gadd

Kentucky Law Journal

No abstract provided.

Is Section 2739m-62 Of The Kentucky Statutes Constitutional?, Alan Roth Vogeler

Kentucky Law Journal

No abstract provided.

Constitutional Law--Elections--Voting Machines, John Paul Curry Jr.

Kentucky Law Journal

No abstract provided.

Administrative Findings And The Kentucky Workmen's Compensation Board, Paul Leo Oberst

Kentucky Law Journal

No abstract provided.

Criminal Law--The Test Of Insanity In Criminal Cases In Kentucky, James D. Allen

Kentucky Law Journal

No abstract provided.

Administrative Control Of Insurance In Kentucky, Richard Bush Jr.

Kentucky Law Journal

No abstract provided.

Constitutional Law--Exercise Of The Governor's Veto--Necessity Of An Accompanying Message--Arnett V. Meredith, John L. Young

Kentucky Law Journal

No abstract provided.

Practice Before The Kentucky Department Of Revenue, James W. Martin

Kentucky Law Journal

No abstract provided.

Constitutional Limitations On County Indebtedness In Kentucky, George Peak

Kentucky Law Journal

No abstract provided.

A Consideration Of The Doctrine Of "The Law Of The Case" In Kentucky, John L. Young

Kentucky Law Journal

No abstract provided.

Conflict Of Laws--What Law Governs The Validity Of A Contract In Kentucky, James D. Allen

Kentucky Law Journal

No abstract provided.

The New Federal Rules And State Procedure, Bernard C. Gavit

Articles by Maurer Faculty

No abstract provided.

Recent Case Trends In Local Taxation, Robert C. Brown

Articles by Maurer Faculty

No abstract provided.