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 1

AMERKAN LAW AND LAWYERS IM

M

Established 1939

Cincinnati, Ohio, January 28, 1947. No. 4

Vol. 9

Counsel To Aid Lawyer Challenges Suggestion

That Busy Attorneys Share Wrk
Want Tax Work
In Trial Of By EDWIN F. WOODLE
Of the Cleveland Bar
that there are a substantial number
of so-called trial lawyers whose skill
Left Entirely
Divorces Asked I am writing to take issue with you
very decidedly on the subject matter
and experience in the conduct of liti-
gation requires them to try a much
larger number of lawsuits than their
To Attorneys
Too Difficult Otherwise to of your editorial in the issue of Janu- brethren at the Bar. It is a peculiar Advertising Suggested to
ary 7, 1947, entitled-"Engaged type of reasoning that would deprive Tell the Taxpayers of Need
Detect Perjury, Collusion Counsel." a litigant of the benefit of the ser-
Where Cases Uncontested vices of these exceptionally busy law- to Obtain Lawyer's Services
Frankly, the proposed rule has no
proper or just foundation either yers because of the evident fact that
JUDGE SUPPORTS BAR PLAN factually or legally, and it postulates their skill and ability to do a good CERTIFICATE PLAN VETOED
the existence of certain theories with jab keep them more occupied than
those less able. Newark, N. J.
Dubuque, Ia. respect to the subject of litigation
generally that are wholly fallacious. The proposed rule would provide It is of major importance to the
Iowa may line up with the handful
that if counsel is engaged in the trial Bar that the handling of tax matters
of states providing for court appoint- Both the article discussing the pro- of a lawsuit "the trial judge will pass in a representative capacity before
ment of lawyers to investigate uneon- posed rule and your editorial as well
tested divorce cases. upon the matter with reference to the courts and with administrative
refer to a "crowded condition" of the
Among those favoring such a plan the duty of counsel to arrange for agencies should be done by lawyers;
court docket and the elimination of and the committee believes this
is District Judge Milton J. Glenn, associate counsel to proceed to trial
so-called "bottle-necks." Your edi- should be a major objective of the
member of a committee of the Iowa forthwith."
torial goes so far as to state that- New Jersey State Bar Association,
State Bar Association to study pres- What yardstick will the trial judge
ent divorce laws. "The lawyer who will not dele- use to determine whether "associate the organization's Taxation commit-
National Problem gate to others the cases he is un- counsel" is equally or sufficiently tee reported at the mid-winter meet-
"The constantly increasing num- able to try himself * * * blocks skilled in the trial of a particular ing here.
ber of divorce cases coming before cases of others that are waiting to type of lawsuit to satisfy not only the The committee said it was of the
the courts is causing concern through- come to the top of the calendar. court but the client as well? opinion that income tax cases par-
out the nation," Judge Glenn said re-
* * *" ticularly require that persons and
The fact of the matter is that a corporations with such problems be
cently. The whole proposition is a concrete trial judge has only so many hours
He said almost all of the divorce exemplification of the viewpoint held each day for trial work; that there represented by attorneys.
cases in Dubuque county-cases in- by some judges (fortunately not by are just so many cases on the court "The problem, as it affects attor-
creased more than 100 per cent last the court in our community) that liti- docket; that there is no delay, so far neys, is not susceptible of easy so-
year-were uncontested. gants and litigation exist for the as the court is concerned, by continu- lution. The committee feels, how-
benefit of the court, instead of the ing the trial of a case not only once ever, that it is necessary to call to
Collusion is Suspected the attention of the public the fact
"That means the judge has little conversely obvious truth that the but half a dozen times; that so long that the services of an attorney
discretion in the matter of granting courts exist for the benefit of the as the trial judge is properly and should be obtained, particularly for
divorces if the party testifying states litigants, and to administer justice diligently occupied wih the disposi- income tax matters, and that the New
facts constituting grounds for di- fairly and efficiently. tion of litigation, it is immaterial to Jersey State Bar Association should
vorce, whether or not those state- It is probably true in most large the efficiency of the court whether sponsor an advertising program for
ments are true," Judge Glenn de- communities, and in miany small ones, (Continued on Page Four) the benefit of the public as well as
clared. the attorneys.
There is reason to believe, he said, "Advertising of the character sug-
that some people resort to perjury gested has been used by various law-
and collusion to obtain a divorce. LEADING NEWS ARTICLES-
yer associations in this country. The
However, he added that with no one Quick Disposal of Tax Relief Claims Likely ------------- Page 2. form of such advertising could proba-
contesting the case or cross-exaun- Tighter Law against Utility Strikes Urged --------------- Page 2. bly be along the following lines:
ing the witness, the court is virtually Injunction for Removal of Spite Wall Denied ----------- Page 2. Suggested Advertising
powerless to detect or prevent such Army's Lawyers Held Suited for its Court Work --------- Page 3. "Call your lawyer for an ap-
practices. Salary Boost for New York Judges Asked ------------- Page 3. pointment to discuss your tax prob.
"A number of states have provided State Housing Agency Co-ordinates Activities ----------- Page .3 lems.
by statute for the appointment by Measure to Control Lobbyists Introduced --------------- Page 5. "Lawyers are qualified to ad-
the court of a lawyer to act as 'di- -Supports National Law on Divorce ------------------- Page 5. vise you on your tax liability, your
vorce counel,' whose duty is to ap- Increase in Salary Scale for Judges Favored ------------- Page 6. lawful deductions and your possi-
pear in all uncontested divorce cases, Substitute State for Local Tax Assessing Proposed -------- Page 6. ble refund.
primarily to aid the court in detect- Abilities of Blind Should be Considered --------------- Page 7. "This information is furnished
ing perjury or collusion between the Cities Work on Redevelopment of Slum Areas ----------- Page 7. as a public service by the New Jer-
parties," he explained. Institutes Strict Policy on Divorces ------------------- Page 8.
Serves Public Interest sey State Bar Association.
Renters 'Boarding' Housing Space Causes Shortage -------- Page 8. The monies necessary for such an
"This procedure is based on the
advertising program could be raised
theory that the public and the state EDITORIALS AND FEATURES-
either by assessment or by requests
have an interest in the matter of di- Legislative Trends in the States ---------------------- Page 5. to attorneys for voluntary contribu-
vorces." tions."
Judge Glenn said he believed that
(Continued on Page Four)
(Continued on Page Four)
E AMERICAN LAW AND LAWYERS

Quick Disposal Injunction for Removal of Spite Wall Is

Denied though Builder hctuated by Malice

of Tax Relief Philadelphia. ceed from a malicious motive. In the

Where a landowner erected a struc- early case of Jenkins v. Fowler, 2
ture on his own land which obstructed Pa. 308, Justice Jeremiah .8. Black
agast Ulity
the light, air, and view of an adjoin- said, p. 310. '. . . We cannot take
Claims Likely ing owner, thereby annoying the ad- cognizance of mere feelings and mo-
joining owner, the latter will be denied tives. These considerations may and
relief although the land- do often aggravate the character of
Section 722 Cases Are Now equitable owner's motive in erecting the struc- the wrongs. Malicious notives make
Being Handled under New ture was purely malicious, the Su- a bad act worse; but they cannot Great Accomplishment but
Procedure, Tax Men Learn preme Court of Pennsylvania held. make that wrong which, in its own Penalty Provisions Needed
The chancellor who heard the testi- essence, is lawful. When a creditor
COUNCIL MEMBER SPEAKER many found that the wall was of no who has a just debt brings a suit or
New York. reasonable use to defendants; that its issues execution, though he does it Trenton, N. J
The Excess Profits Tax Council ex- only purpose was to block off plain- out of pure enmity to the debtor, he New Jersey's 1946 law designed
pects a quicker disposition of tax re- tiff's windows, and concluded that de- is safe. In slander, if the defendant to prevent strikes in public Ulit]
lief claims which are coming in un- fendants were motivated by malice. proves the words spoken to be true, plants should be amended to provid
der its own procedure, Peter Guy He ordered the removal of the wall, his intention to injure the plaintiff penalties to permit strict enforce
Evans, a member of the council said and defendants appealed. by proclaiming his infamy, will not ment, it wasdeclared by retiring Gov
here at a meeting of the New York 'Supreme Court Justice Stearne defeat the justification. -One whoWetrEEdeihsfawlld
University Graduate Business School pointed out that there is a conflict of prosecutes another for a crime need dress to the State Legislature.
Alumni Association, with Dean R G. authority in. other jurisdictions, and not show in an action for malicious Asserting that the utility strike
Collins presiding. Representatives -of after noting the reasons, buttressing prosecution that he was actuated by law thus far had been effective i
the financial, banking and tax fra- the conflicting decisions, he continued : correct feelings, if he can prove that preventing public suffering and de
ternity were -also in attendance. "No case has been cited, and our there was good reason to believe the daring that he considered it one of
The council, consisting of 15 spec- research has revealed none, where charge well founded. In short, any the greatest accomplishments of hi
ialists, is faced with the job of re- this court has decided the question transaction which would be lawful administration, Edge added:
viewing the issues incorporated in thus propounded. We have decided, and proper if the parties were friends
some 40,000 claims filed by nearly however, on many occasions and in cannot be made the foundation of an Strike itm Ee
20,000 taxpayers, stated Mr. Evans. varying circumstances, that a lawful action merely because they happened we ver,withobelo freecin-
Educational Job act is not actionable though it pro- to be enemies. As long as a man keeps
himself within the law by doing no sequences to the public and wit b
For the past six months it was
act which violates it, we must leave studied intent to make arbitration
largely confronted with the problem
of informing taxpayers and Internal Crime Loss Would his motives to Him who searches the meetings as difficult and inconvenenI
Revenue agents of the new procedure heart." (Cohen v. Perrino.). as possible, strikes occurred on
Christmas Eve in two gas plants of
.and machinery set up by the council Soon Pay National the Public Service Corp." -r
for the, administration of section 722 Debt, FBI Man Says Judges' Salary Measure Edge said this occurred despite th .e
claims, Mr. Evans said. Naturally
Albany, N. Y. fact the unions previously had ac f
such a change presented the problem Washington. A bill to increase the state pay of cepted arbitration, that arbitration
of undoing some of the things that If the cost of the 1,800,000 major Supreme Court Justices in the 1st panels had thecases under considers
were done in the, past in connection crimes committed in this country
and 2nd districts from $15,000 to tion and that the state had taker
with relief claims, Mr. Evans declar- yearly could be diverted into the $18,000 a year from April 1, 1947, over operation of the plants. This e
ed. The newly established rules and Treasury, the national debt could be
to March 31, 1950, was introduced in he declared, was "crass disregard" o:
*procedures must be followed, he ad- liquidated in one generation, accord- tfe State Legislature here. the law and "willful blindness to pub
vised. ing to Inspector Edward P. Morgan Also introduced was a measure to lie responsibility."
Practically all the cases which the of the Federal Bureau of Investiga- The retiring governor pointed ou
require that State Supreme Court
council has been considering have tion. be lawyers. that the act provides no Penalties fe:
As law clerks
come in under the old procedure. Speaking before a Citizens Associa- failure to maintain service even whet
soon as the cases prepared under the tion here, Inspector Morgan declared the state is in control.
new procedure start to come before that crime costs more each year than
the council, speedier results may be the yearly maintenance of all the ed- Specific Speed Limit Could Employ Substitutes
expected, Mr. Evans stated. ucational institutions in the United of 50 Miles an Hour "It should be made clear by atatut
Mr. Evans urged the taxpayer with States. that if the state is compelled to em
the disallowed claim and with no in-
Asked for Missouri ploy substitute help to take the plac
"The day is approaching when law
tention of prosecuting it, to so ad- enforcement will be recognized as a Jefferson City, Mo. es of workers refusing to obey
vise the local agent promptly. profession," Inspector Morgan de- A bill fixing a maximum speed limit state's order, such subsitutes can h
Inaction Is Deplored clared. He pointed out that the FBI of 50 miles an 'hour for motor vehi- no way be placed in the category :
.Some taxpayers are not availing laboratory for crime detection is the cles operating on Missouri highways strikebreakers. On the contrary, the
themselves of their rights to protest finest in the world., with about 100,- was introduced in the State Legisla- will be patriotic volunteers, who, b
the agent's determination, to attend 000,000 finger prints on file, including ture by Senator E. R. Caldwell, Ralls contrast to the strikers, recognize
conferences, etc. Such inaction by those of 80,000 persons wanted as county. hardships that might occur."
taxpayqre merely prevents the coun- fugitives. In offering the measure, Caldwell It should be remembered, Edg
cil personnel from devoting its time said that previously he had been op- said, that the rights of the worker
and efforts to the meritorious and posed to a highway speed limit, but while continuing service, should
qualifying claims. ference is the last step in the con- that in the last year -the large num- no way be impaired, hut that dunn
The council cannot consider the sideration of claims within the 'Bur- ber of fatalities and injuries suffel- hearings and negotiations vital uti
poorly prepared cases, Mr. Evans eau, he advised. Of course, a tax- ed in highway accidents convinced ity services always must be contin
continued, Taxpayers still have the payer can always resort to the Tax him of the need of more stringent ued. He added that state officials al
opportunity of perfecting and com- Court for final decision. regulation. tempting to prevent utility strike
pleting their claims. Since claims Mr. Evans asked every taxpayer to Under Missouri's present law there had not always found that manage P"
without foundation delay Council's reconsider and recheck its relief is no specified highway speed limit, ment was blameless.
.progress, taxpayers are urged to with- claims, and if it is unreasonable or but drivers can be prosecuted for
draw them or to agree with agent's inflated, to adjust it accordingly. The reckless or careless operation of Favors Tax Cut
rejection of their claims. taxpayer wants us to be reasonable. motor vehicles and punished under a Oklahoma City, O
Council has held conferences in We ask the agents to cooperate, but general penalty provision. Reduction of individual and co
.Washington with taxpayers in those we also ask you to be ieasonable and - Violation of the proposed 50-mile poration income taxes was urged u
cases in which agreements in the we will try to meet you half way, he limit would be made punishable un- on the Oklahoma Legislature b7
der the general Penalty section. Governor TuNner.
field could not be reached. The con- concluded.
 AMERICAN LAW AND LAWYERS 3

Army's Lawyers !tz Housing Agency to Co-ordinate Activities,

rol Rents Temporarily urged by Governor
Salar
I
Boost
Held Suited for k St. Paul, Minn.
on of a State Housing Com-
"for the co-ordination of all
housing activities in the state, in-
necessary, probably with some up-
ward revision, at least until the next
meeting of the Legislature.
For New York
Its Court Work research," was recommended
Luther W. Youngdahl in his
l address to the Minnesota
"I also urge that you consider the
need for passage of emergency legis-
lation that will prevent eviction in
hardship cases during these winter
Judges Asked
JAGD Members Will Realize LnaW re. months. Since such a statute would Increase Is Necessary to
Need for Speed, Severity "The staff," he said, "should con- be intended to meet an immediate, Attract and Retain Ablest
of Discipline, Jurists Say sist of .n executive secretary, who though temporary need, speedy pass- Men, Bar President Asserts
should bie an expert in the housing age is essential.
DISCRIMINATION DISCUSSED field, wi h such advisory members on "You should also consider legisla-
OBLIGATION TO THE PUBLIC
(Last of Four Articles) a non o mpensated basis as would tion which will protect relief clients
represent " all groups interested in the under long term leases." Syracuse, N. Y.
Washington.
problem. It is also necessary to give con- Hopeful of favorable action dur-
The peculiar requirements of mili-
pry nor Youngdahl suggested sideration to more desirable methods ing the current session of the Legis-
tary justice can be met by courts
ision 'be made for state rent than now provided by law for urban lature, the New York State Bar As-
composed of law trained men, ac- tro
nder the proposed commis- redevelopment of slum areas. The sociation has reaffirmed a recommen-
cording to the report of the Secre- o
ake effect if and when fed- present law has been ineffective, the dation made last year for increased
tary of War's Advisory 'Committee, eral coa rol is ended. "Control of
headed by Dean Arthur T. Vander- Governor noted. salaries for state judicial officers.
rents," h e said,
"will no doubt be "Since it should be our policy that Lewis C. Ryan, Syracuse president
bilt of New York University Law
School. effective housing programs must oper- of the state association, declared that
"The need for prompt appointment More ate within the framework of local his organization, on motion of its
of a court and a speedy trial when Stringent Laws government and planning, the re- Executive committee, sought upward
the command refers a charge for on Di vorce Needed, sponsibility for urban development adjustment of the salaries of judges
trial must be recognized," the com- Cover plans rests on local communities. last year and is now continuing the
mittee's report conceded. "'More- nor Contends However, the state should permit campaign.
t
over, the deterrent effect of punish- such undertakings as are consistent Must Be Attractive
ment must not be overlooked and the Providence, R. I. with the overall policy of the state."
"We cannot hope to continue to
need for severe sentences under con- Adotii on of more stringent divorce secure the caliber of men we should
ditions prevailing in an Army in a mended '1 n in Rhode Island was recom-
have on the bench of our state un-
state of war can not be denied. his inau by 'Gov. John 0. Pastore in less we pay salaries commensurate
ural message to the State Agreements for
Alive to Necessities Legislatu. re. with the ability and experience re-
"But -there is no reason to think "In m' y message to the General Closed Shop Hit quired," Mr. Ryan said.
that the members of the Judge Ad- Assembly last year," he declared, "I in Proposed Act "Present salaries of most of our
vocate General's Department will comment ed-on the alarming increase judges were last fixed at a time when
not be keenly alive to all these neces- in the nu mber of divorce petitions be- Indianapolis, Ind. they were not subject to either state
sities. They will be Army men se- Ing filed in this state. I said then, Closed-shop labor agreements would or federal income taxes. Deductions
lected and trained by Army men. In and In epeat it now, that divorce be outlawed under a bill introduced from judicial salaries for taxes,
time of war they will -be in the field strikes st the very roots of our fam- in the Indiana Legislature by Senator coupled with the substantial increase
in close association with the com- ily and communal life. In many A. W. Mitchell, Laporte. in the cost -of living, leave our judges
mand and cognizant of all the con- cases, th e real victims are the chil- today scarcely able to maintain them-
siderations of safety and success dren of the state. It was my hope The proposed legislation would selves and their families at the stand-
which influence the command itself. that the last Legislature would make illegal "any contract written or ard the dignity of their office re-
"The time is past when a courts- strengthe n our divorce laws, but oral which excludes from employment quires..
martial might be deemed merely as nothing was done. or continued employment members of
See Duty to Public
an advisory council to the command- "In th past year the situation has a labor organization or persons who "The State Bar Association feels
er. The courts-martial, as conceived not impr4oved. As a matter of fact, refuse to join a labor organization, or that if we are to maintain the high
by the Articles of War, is an inde- it has be come worse. So much so, persons who fail or refuse to main- level of public service which our
pendent tribunal; and if the com- that eve ral of our judges have taken tain their membership in a labor or- courts have given the public for so
mander controls the prosecution, the occasion to comment publicly about ganization." many years, we must make it attrac-
appointment and functioning of the it" Providing maximum penalties of a
$500 fine and imprisonment for 180 tive for outstanding and able law-
court may be safely left to the legal yers to seek the bench.
department of the Army." days for each violation, the bill de-
"The State Bar Association feels
In discussing discrimination in so effecti ye in dealing with enlisted clares: that it has a public obligation to
officer punishment, the Committee men." "The right to work or the right to bring this situation to light and to
said: Other Su ggestions obtain employment or to continue in take affirmative action. Members of
Punishment of Officers In disc ussing the trial of enlisted employment should not be dependent the State Legislature have been ad-
"The critics did not always under- men, the committee suggested more upon or conditioned upon membership vised of the stand taken by our as-
stand the difficulties of the situation emphasis be placed on the instrue- or nonmembership in a labor organi- sociation and we are happy to learn
or appreciate the severity of the pun- tion of enlisted men as to military sation." that a number of legislators are
ishment inflicted upon an officer by justice, a nd that they be encouraged ready to support a bill for increased
the Imposition of a fine or the loss of to attend courts-martial when they judicial salaries."
promotion or reduction in rank, and are sittin g, and that qualified enlisted Would Cut Loan Rates Mr. Ryan further pointed out that
the devastating effect of this punish- men be permitted to sit upon the Des Moines, Ia. recently salaries of Federal judges
ment upon his career. Nevertheless, courts. A bill filed in the Iowa Legislature were increased and that similar action
we are convinced that in some in- Finally, the committee suggests has been started in a number of
by Representatives Ernest T. Smith of
stances and in some areas there was that a oard of officers he consti- Volga states, including New Jersey, Mon-
complaint and it tuted to consider other changes in City and J. C. Davis of Oelwein,
foundation for the tana, Texas, Rhode Island, Colorado,
both Republicans, would cut the top
was a general source of criticism the Artic les of War and the Manual Arkansas, Utah, Idaho, Delaware,
s-Martial. Such a study, interest rate on the first $150 of a
among the troops and seriously im- of 'Cour Missouri and Louisiana.
small loan from 3 per cent a month
paired their morals. the cons mittee thinks should be a
believe that officers continuou s process, and lists eight to 2 1/2 per cent.
"In general, we
would be less likely to offend if they involved questions in which the com- On the second $150 the top rate increase in the maximum amount of
were subjected to a greater extent mittee wa s very much interested, but would drop from 2 1/2 per cent to 2 such a loan from $300 to $1,000. The
to the deterrent influence of punish- which it believes it is not qualified per cent, under the bill. interest rate on all money borrowed
went which in Army circles is deemed ' to decide. The same measure would permit an over $300 would be 1 per cent a month.
4 AMERICAM LAW AND LAWYERS
4 MRCNLW NAYR
Health Insurance Want Tax Work Chicago Law Firm
American Law and Lawyers Plan for State Is (Continued from Page One)
Want Courses to Be Given Has Members from
Again Advocated The committee said it believed al- Three Generations
Published weekly except on the so that special courses of instruction Chicago.
last Tuesday of the year and on Sacramento, Cal. on income taxation should be given Here's a "Can you top this?"
alternate Tuesdays from July 1 to Advocacy of a state health by the State Bar Association for the Back on June 6, 1902, the name
September 30. Forty-four issues insurance plan was reiterated by Gov. benefit of attorneys who do not have of Nicholas Pritzker was entered on
annually. Earl Warren in his second inaugural such facilities readily available to the Roll of Attorneys of the state
address to the California Legislature. them. of Illinois. There was nothing out
Office of Publication: Governor Warren recalled he has "The chairman of this committee of the ordinary in that; Nicholas was
534 Sycamore St., Cincinnati 2, 0. proposed two such plans in the past, proposed that there be established a just one of the June class admitted
ROWLAND SHEPARD, Editor. one for a comprehensive system of method for providing special certifi- to practice on that day. But it was
prepaid medical care, the other for a cation to lawyers who specialize in the first step in the founding of a
more limited system of hospital and tax matters, federal and state. He line of Attorneys Pritzker that today
American Law and Lawyers
laboratory insurance. proposed that special examinations finds three generations of them prac-
welcomes communications on all
"If anyone could now obtain ade- could be conducted under the aus- ticing together.
questions of law and government,
quate insurance at rates within his pices of the State Bar Association, Three sons of Nicholas Pritzker
the administration of justice, Bar
means to protect himself and his fam- and each one who qualified would re- practice law with their fatherhere in
organization work, professional ceive a certificate that he is a 'Certi-
welfare and other subjects of in- fly against the heavy expense of ill- the partnership of Pritzker, Pritzker
ness and non-industrial accident, just fied Tax Lawyer.' This would be a & Clinton. Harry N. was admitted
terest to lawyers. means of acquainting the public with
as he insures his home against fire or while in military service in 1917;
his automobile against theft, I would the fact that such lawyers were Abram N., in 1921, and Jack N., in
Subscription Price - $4.00 a Year specialists In the handling of 'tax mat-
Single Copies 10 cents. not make this proposal," he asserted. 1929. And all three were admitted
ters. This recommendation of the to practice before the U. S. Supreme
"Attempts, however, to apply the chairman was not supported, how- Court in 1984 upon their father's mo.
Lawyer Challenges insurance principle to health have ever, by the other members of the tion.
(Continued from Page One) failed, because plans to accomplish committee." Now the third generation of At-
the case before the court is A vs. B this do not operate within a sufficient- torneys Pritzker was admitted to the
or X vs. Y. ly large field to really average the Bar; Jay Arthur Pritzker, a son of
That there are at least a dozen risk and spread the cost. Counsel to Aid Abram, took his oath and entered
proper and adequate reasons why the "Without some action on the part (Continued from Page One) Pritzker, Pritzker & Clinton as a
trial of cases may and should be post- of state government to broaden these if Iowa courts had the assistance of junior member, and, to quote his
poned from time to time; that the plans by enlarging the field of con- such a divorce counsel, it would help grandfather, even though he probably
parties chiefly concerned with the tribution, no progress can be made not only to discover and deal with will act like the senior member, there
time at which any particular case commensurate with the urgency and perjured testimony, but also would will be no change in the firm name.
should be tried are the litigants and scope of the problem." counteract the prevailing notion that
the lawyers involved in that par- marriages can be dissolved legally for
ticular lawsuit, and that so long little or no reason. Measure to Outlaw
as there is no justifiable complaint
of dilatory tactics or unreasonable State Wholesale
"The divorce counsel also could se- Mass Picketing Is
cure information which would aid
delay on the part of either side in a Liquor Monopoly the court in the matter of awarding Offered in Indiana
lawsuit, there is not the slightest the care And custody of children," he
justification for the court to step in Urged upon Solons
Indianapolis, Ind.
added. A bill to outlaw mass picketing
and say that the work of the court has been introduced in the Indiana
or the trial of other lawsuits is being Denver, Colo.
A state wholesale liquor monopoly, Liberalization Is Legislature by -Senator Palmer Edg-
blocked by such delay. erton of Jonesboro.
similar to that of Wyoming, would be
Quite the contrary, the result is created in Colorado under terms of Asked in Workmen's "It shall be unlawful," the bill de-
generally that cases filed later than a bill introduced in the Colorado Leg- clares, "for any employe or other
a long continued action may be islature by Rep. I. E. Herring, La- Compensation Law person acting in concert or a labor
brought to trial at an earlier date Porte. Concord, N. H. organization or its members, officers,
than if the older action were required Extension and liberalisation of anyone acting or purporting to act
In offering the measure, Repre- New 'Hampshire's workmen's compen-
by the court to be tried first. for or on behalf of such organization
sentative Herring said it would yield sation act was recommended
There is, moreover, no justice or millions of dollars in new state reve- by an of such employes, or any other per-
fairness to either litigant to insist nue annually which could be used for interim legislative commission which sons not acting by authority of the
that a case be tried unless both coun- raising salaries of school teachers, for studied the matter for more than a owners or operators of any plant,
sel have had an opportunity adequate- -higher educational institutions or year. store, mine, facility, place of business
ly to prepare both the facts and the "for other state purposes where there Among the recommendations were or other premises by mass picketing
law in the case, and without such op- is a shortage of funds." the following: or obstruction by use of vehicles or
1. Broadening of the coverage by physical obstruction of any kind or
portunity the trial of such a lawsuit
does justice to no one. He said he was proposing that the including all employers of three or by force or violence or the threat
may elapse state take over the wholesale liquor more persons and on a mandatory thereof to prevent or tend to prevent
The length of time that basis, excepting only employers of
between the date of the filing of a industry "because of unfair practices farm and domestic labor and employ- or to impede free ingress into or
of many wholesalers and retailers, egress from any plant, store, place of
lawsuit and the date it is assigned for
particularly during the war, and the ers of less than three persons. These business or other buildings or proper-
trial is not necessarily any criterion last named employers may
whatever of the extent of the attor- recent practice of holding out stocks elect to come under the act however,
on a vol-
ty belonging to or occupied by an em-
of bonded liquor until the price ceil- ployer."
ney's opportunity to prepare the case ing was lifted
and then selling them untary basis. The bill provides a fine of up to
for trial. In the practice of the aver- 2. Liberalization of the benefits
during the holidays at exorbitant $500 for violations. Imprisonment of
age lawyer 101 obstacles may inter- and inclusion of such occupational
prices." not to exceed 180 days could be add-
vene, and missing the chance to inter- diseases as have been found prevalent ed. It contains an emergency clause.
view a particular witness at a par- in New Hampshire but with specific
ticular time may delay the chance to destruction of the personal relation- provisions in respect to silicosis and
interview that witness sometimes for ship between the lawyer and his other dust diseases. Wants Liberal Benefits
days, weeks or even months. client. A litigant is entitled to the S. Establishment of a second in- Denver, Cole.
These circumstances are well known lawyer of his -own selection in trial jury fund so as to encourage em- Colorado's Legislature was urged
to all trial lawyers and should be work as in any other type of legal ployment of physical handicapped by Gov. Lee Knous, in his inaugural
fully recognized by the courts. practice, and no court has a right to persons. This would be beneficial message to increase minimum and
The worst feature of the proposed step in and destroy or in any way to veterans incapacitated during the maximum benefits for workmen's com-
rule, however, would be the complete affect that personal relationship. war. pensation.
 AMERICAN LAW AND LAWYERS 5

Strict Control Legislative Trends in the States

A Guide to What's Coming in Laws and Regulations, Based on
National Law
a Continuing Study and Appraisal of Trends Developing Or
of Lobbyists Already Established-This week, Municipal Revenue
on Divorce
By BETHUNE JONES Iauthority would be needed before ac-
Is Suggested tion could be taken. *
Advantages claimed for municipal
Proposals for new municipal reve-I income taxes include the fact that
Given Support
Wouldn't Even Be Allowed to nue sources will become increasingly they force nonresidents earning In- Head of Judiciary Group in
Speak to Lawmakers about live issues in many state capitals and come in a city to contribute to the cost Senate Lends Influence to
Any Proposed Legislation city halls throughout the cogntry of municipal services. The fact that
during 1947, with possible significant nonresident are contributing about a Long Neglected Proposal
SEE PRESSURE WORST EVER repercussions in a number of tax third of the total yield of the Phila- AMENDMENT TO BASIC LAW
fields at both the state and local lev- delphia levy is said to make it less ob-
Des Moines, Ia. els, a survey indicates. Washington.
Registration of lobbyiets would be jectionable to city residents. The
Claiming that topheavy property Philadelphia tax went into effect in A uniform marriage and divorce
required under a bill introduced in taxes cannot meet demands for ex- law drafted by Kansas Senatot
the Iowa Legislature by Rep. C. A. panded postwar budgets to provide 1940 at a rate of 1% per cent on Arthur Capper would kill off mar-
salaries and wages and the net profits
Bryson, Iowa Falls. for higher public payrolls, long-de- riage and divorce mills by barring
Under the measure, lobbyiste would ferred public works and generally of unincorporated businesses and hasty and child marriages, and per-
have to report money spent, and list broadened municipal services, city of- professions, with corporate profits
mit divorce only for adultery, cruel
who got it. They would not be per- ficials are intensifying their calls for exempt because they are taxed by the and inhuman treatment, abandon-
mitted to talk to lawmakers person- a larger share in the receipts of state- state. The rate of the Philadelphia
tax was reduced to one per cent in ment or non-support for one year,
ally, either for or against specific collected taxes or new municipal non- habitual drunkeness, incurable insan-
bills. 1943.
property taxes, and in some instances Court ity or conviction for an infamous
Attacks Pending
Pressure Is On both. crime.
Bills to be Introduced Court attacks were at this writing Divorced persons would have to
"The lobby pressure in this session Reports from state capitals indi- pending against the St. Louis income wait a full year for a decree to be-
will be the worst ever," asserted Re- cate that bills seeking broader local tax, which was adopted last summer come final.
presentative Bryson, who referred taxing authority will be widely intro- at a rate of one-fourth of one per
particularly to various groups work- duced in 1947 state legislative ses- cent on the gross earnings of individ- Backs Proposed Bill
ing for higher appropriations. sions, along with proposals for in- uals and the net profits of corporate The bill, which would be a bitter
As reported to the calendar by creased state grants-in-aid or shared and other businesses. The Carter Car- pill for states rights advocates, must
the House general legislative commit- state taxes. Meanwhile, cities with buretor Corp. challenged the city's be pased on by the Senate Judiciary
tee, the bill carried an explanation liberal taxing powers are increasing- authority to impose such a levy, while Committee, headed by Chairman
aying: ly considering the adoption of new utility companies also attacked the Alexander Wiley of Wisconsin. Sena-
'"Many individuals, in their seal for revenue measures. tax on the ground that it subjects tor Wiley has given the bill his sup-
some measures in which they are in- Although the average municipality them to "double taxation," since the port, explaining he personally favor-
terested, do not give any considera- is still preponderantly dependent up- city otherwise levies a 5 per cent tax ed a uniform law and that the mat-
tion to the many interests of others on property taxes, widespread adop- on their gross revenues. ter was worthy of study.
and annoy (the legislators) constant- tion of a variety of new municipal Constitutional Amendment Proposed
The Toledo income tax went into ef.
ly and without let-up." levies during the past year sharply fect last spring at the rate of 1 per Asserting that it is "too easy to
increased the number of cities already cent and, like the St. Louis measure, get a divorce," and that he is deter-
No Personal Contact
deriving substantial amounts of reve- affects corporate net profits as well mined to hammer away for his plan,
The bill would make it illegal for nue from local nonproperty taxes. as wages and salaries. All three of Senator Capper stated the proposed
anybody "personally to attempt di- The sources being tapped in such re- the city income taxes thus far enact- bill would first be put before the
rectly or indirectly" to influence any cent actions are attracting widespread ed provide for collection at the source states in the form of a Constitutional
member of the Legislature on pend- attention as possible models for simi- of the bulk of the tax on wages and amendment
ing matters. lar application elsewhere. "The Supreme Court's decision last
salaries.
The authorized ways for lobbyists St. Louis, Toledo Fall In year in the Williams-Hendrix case,"
to work would be "by appearing be- Municipal Sales Taxes said Senator Capper, "cast a 'shadow'
St. Louis and Toledo during the on many marriages following di.
fore regular committee's when the past year followed Philadelphia in Municipal sales taxes have been
Legislature is in session, by public the adoption of municipal income tax- one of the devices to which hard-put vorces in Nevada and other states
addresses, by newspaper articles or es, while such levies have been pro- cities have turned recently in their and pointed up the need for legisla-
"by written or printed statements, posed in many other cities, including search for revenues to supplement the tion. The court upheld a North Caro-
arguments or briefs delivered to each Boston, Atlanta, Milwaukee, Colum- property tax. lina decision that a couple who mar-
member of the committee." bus, Minneapolis, Cleveland, Hart- Los Angeles put a one per cent ried after divorcing their respective
Every individual or organization ford, Louisville, Denver, New York, sales tax into effect last spring, with spouses in Nevada were guilty of
promoting or opposing any legislation Providence, Dallas, Kansas City and a number of other California cities bigamy."
would have to register with the see- Detroit. In some of these cities in- since following suit. Oakland and Challenge to State Rights
retary of state. The registration come taxes were rejected in favor of San Diego also have local sales taxes, Chief opponent to the proposed
would have to include the reasons for other forms of new local revenues, while 18 or more smaller California bill is Senator Pat McCarran of
lobbying activity. The docket would while in some others state legislative municipalities also have adopted such Nevada, who served as former Ju.
be open for public inspection. levies, many of them in recent diciary chairman. "Domestic rela.
months. Santa Barbara and San tions," said Senator McCarran, "'be-
No Contingent Fees
Would Regulate Lockers Bernardino pioneered the city sales long to the respective states. If a
citizen of one state wishes to take
A lobbyist could not be hired by Denver, Colo. tax in California in 1943.
advantage of the domestic laws of
an organization on a contingency Enactment of a law to regulate the New York Tax Doubled
another state, that is the citizen's
basis. Within two months after the frozen food locker plant industry will New York City's former one per business."
close of a session, the individual or be sought during the 1947 session of cent municipal sales tax was doubled
organization would have to file an the Colorado Legislature, it was an- for the three-year period starting
expense statement saying how much nounced by H. L. Titus of Greeley, last July 1. New Orleans is the Salt Lake City, Cleveland and At-
money was used and to whom it was representing the Colorado Frozen only other large metropolitan city lanta. In Alabama, a Jefferson Coun-
paid or promised. Poods Locker Association. with a local sales tax currently in ty sales tax has been proposed. Den-
Exempted from the provisions of Titus said the proposed statute effect, although this tax source has ver recently rejected a proposed one
the docket requirements would be would set forth minimum operating been experimented with by various per cent sales tax in the face of stiff
"duly accredited counsel or agents of standards, make provisions for sani- municipalities for a number of years opposition from merchants and
counties, cities, towns, villages, pub- tary requirements and responsibility and has recently been suggested in a others.
lic boards and public institutions." of locker plant operators. number of cities, including Richmond, (Continued on Page Seven)
U AMERICAN LAW AND LAWYERS

Increase in Substitution of State for Local Tax

Assessing Is Proposed to Legislatures Making the Record
Judges Salary Community Property
Plan Is Considered
Chicago.
Creation of state agencies to take
over "the highly specialized and tech- (This is the third of a series of ar-

Scale Asked Denver, Colo.

In his inaugural message to the Col-
orado Legislature, Gov. Lee Knous
nical service of assessing" will be rec- ticles reprinted by permission from
ommended this month to state legisla- the copyrighted booklet "Making the
tures in California and Arkansas ac- Record" published by the National
New Jersey Bar Also Asks cording to the American Municipal Shorthand Reporters Association).
suggested that consideration be given Association.
Judiciary to Reduce Time the enactment of community property Besides these considerations, and
State leagues of municipalities rec- perhaps more fundamental, lies the
It Requires for Decisions laws which would reduce federal in- ommdhding such action propose to reliance placed by Bench and Bar up-
come tax liability of Coloradans and substitute state assessment districts, on the ability of him who is called
FAVOR TAX PRACTICE LIMIT make it possible to increase state in- each with a trained staff of assessors, upon to record the utterances of
come tax rates without adding to the for current local assessors operating court,.counsel and witness, often at
present burden of taxpayers. without uniform statewide policy and extreme speed and almost invariably
Newark, N. J. Governor Knous also suggested pos-
At its mid-year meeting here, the sible enactment of a severance tax on often without adequate training. The with entire disregard of his presence
New Jersey State 'Bar Association oil production. leagues claim such action is necessary by court and counsel alike.
went on record in favor of substan- to insure efficient assessing in all lo- Yet upon "the silent man" -the
tial increases in the salaries of the calities, especially rural areas with- court reporter - rests a grave re-
state's full-time judiciary and a sur- out fulltime assessors. sponsibility: the protection of life,
vey of the pay of these serving part Business to Fight The 'California proposal calls for a 'liberty and property through the
time. state constitutional amendment which sanctity of the record. Were it not
In adopting a report 'of its commit-
for Retention of would transfer responsibility for mak- for his trained ability, courts could
tee on Judicial Salaries, headed by City's Income Tax ing assessments to a special state not function with the celerity de-
Assemblyman Walter Jones of Bergen agency. The amendment would pro- manded by the present-day volume of
county, the association proposed this Philadelphia. vide for division of the state into as- litigation.
schedule of increases: Chancellor and Any attempt 'during the 1947 ses- sessment areas with state-employed The responsibility of making the
Chief Justice, from $19,000 to $25,- sion of the 'Pennsylvania Legislature assessors appointed'from within the record devolves upon counsel under
000; associate Supreme Court jus- to "eliminate or impair" Philadel- area. the supervision of the court. The
tices and vice-chancellora, from $18,- phia's municipal income tax will be The recommendation provides fur- duty of keeping the record so made
000 to $22,500; Circuit Court judges, resisted by the Philadelphia Chamber ther that under the proposed state as- rests upon the reporter. The reporter
from $16,000 to $20,000; Common of Commerce and Bbard of Trade. sessing plan, local governments shall is entirely disinterested in the record
Pleas judges in first class counties, In making this announcement, Cle- have power to appeal for changes in per se; it is made through him for
from $15,000 to $20,000, and in ment V. Conole, general manager of assessments they believe inequitable. the convenience of counsel, court and
second class counties, from $13,000 the chamber, said that "in the past To protect municipal finance strue- reviewing bodies. Were the reporter
to $17,000. opponents of the wage tax have been tures, the constitutional amendment an automatic recording device, unen-
vigorous only in trying to eliminate would provide also for adjustments dowed with human intelligence, the
Want Prompt Decisions it, but never in proposing a substitute of local tax rate limits to compensate record in many instances would be un-
Also adopted by the association levy." for local differences in assessment ra- intelligible to those who make it and
was a resolution, offered by William Conole estimated that abolition of tios.
J. Connors of Trenton, calling upon the tax, without provision of a sub- depend upon it for the protection of
The Arkansas recommendation is life, liberty, and property interests.
the judiciary to speed up decisions. stitute, would mean a 69 per cent in- virtually identical in its form and in-
The resolution declared that in some crease in Philadelphia's property tax Through the exercise of his brain
tent to the California proposal. Mu- the reporter is able to translate the
cases decisions were held up for two rate. He said the wage tax is count- nicipal officials in Oregon, meanwhile, verbal jumbles of all types of speak-
years and in others never rendered. ed on for 24 per cent of the city's bud- are asking for legislation to provide ers into terms of ponderability.
Such a practice, the resolution said, get for thorough revision of assessing at Through the use of intelligence, sup-
"not only causes great injustfee to the local level, including a state re- plemented by experience, he is able to
the litigants and others who have an quirement that county assessors reas- keep the record straight when others
interest in the case, but many' times sess all real property every two years. are oblivious of the very fact that a
financial loss." The practice also Conference Decides
record is being made.
causes loss -of confidence in the courts to Seek State Law
and criticism of the Bar, according Public Indifference
to the resolution, which authorized to Help Alcoholics
appointment of a committee to con-
Seen Big Obstacle Wants Legislation
fer with Chancellor Oliphant and New York. to Fire Prevention
A resolution urging New York for Regulation of
Chief Justice Case to promulgate a
rule limiting the time for rendering State's Governor and Legislature to
dueisin h iefo edrn create a commission, provided with
New York.
Charging that responsibility for the
Strikes, Picketing
decisions. a d
quate funds, to study methods for series of disastrous fires of 1946 rest- Montgomery, Ala.
The association went on record as Enactment of state legislation de-
favoring legislation to permit only the prevention and alleviation of al- ed with a negligent public, Frank J. finng the right to strike and limit-
lawyers to represent property own- cohoi and the rehabilitation of a- Quayle, fire commissioner, revealed ing picketing was recommended by
ers before county and state -tax coholics, was adopted at an all-day that authorities have met with "out- retiring State Labor Director Em-
boards. conference held here recently at the right rebuff," evasion or indifference mett Brooks in his annual report.
New York Academy of Medicine, from the public in their attempts to
Charity Begins at Home The resolution also asked that the prevent fires. Brooks urged the 1947 Alabama
In one of the addresses heard by proposed commission bo empowered "The Dubuc alone," said Mr. Quayle, Legislature to pay particular atten-
the meeting, Harrison Tweed, presi- to provide for the treatment of alco- 5ecause of its- desire for profit, pleas- tion to strikes which endanger the
dent of the Association of the Bar of holics. ure or comfort to the exclusion of "health and safety of the public," and
the City of New York, urged lawyers Participating in the conference were safety, must shoulder the blame for he also declared work stoppages
to take a greater part in Bar organi- 60 representatives of the state and city these fire tragedies." against the state government or any
zation activities in their extra time. administrations and leaden in law, Declaring that fire prevention au- of its agencies should be outlawed.
He said many lawyers devote much medicine, welfare, labor and manage- thorities long ago had recognized the His report said that legal picket-
of their outside -time to non-legal ment, and religious groups. conditions which caused holocausts ing "also should be defined by legis-
organizations, "trying to help others." andhdlabredyaraferyertry lative enactment and limited in its
"I think we should look at things ing to awaken the public to the dire use and purposes to objectives which
from the point of view of trying to more active part in the leadership of need of common sense safety stan- are within themselves lawful."
do more for ourselves and through community affairs. Tweed said they dards, while at the same time using Brooks further advocated a statute
ourselves for our communities," be should not be afraid to "step outside every means within their power to to make both labor and management
declared. their own activities when leadership obtain elimination of structural haz- responsible for carrying out their con-
Urging Bar associations to take is needed and give that leadership." ards. tractual obligations.
 AMERICAN LAW AND LAWYERS T
==1
Writer Says Blind Should Be Considered
on Basis of Their Abilities, not Disability
Legislative Trends
(Continued from Page Five)
Cites
Te replace a three per cent munici-
New York.
The blind want, above all, to be Slow up Remarriages
treated like human beings, Herbert Providence, R. I.
pal sales tax invalidated during the
past year by the New Jersey Supreme
Court, Atlantic City may seek state
Redevelopm n t
Yahraes declares in "What Do You Legislation to prohibit remarriage legislation authorizing a sales tax on
Know About Blindness," a Public Af- for two years by the guilty party in so-called "luxury" products. It has
fairs pamphlet just published. div also been reported that Wilmington
Blind persons, he points out, have in ore RoceeIs as intrduce
the same desires and' the same inter- Rep. Fugene J. Sullivan, Providence.
will ask the Delaware legislature to Masterplan for Clearance
ests as other persons. They want e measure also would compel the
authorize the imposition of local in Providence Typical of
"luxury" sales taxes.
to study, to work, and to have fun. State Tax to Aid Cities What Is Being Undertaken
They can do all 'of these profitably. One of a number of proposals ad-
But in their association with other wait a full year, instead of six JOB DIVIDED IN TWO PART S
vanced in Florida to provide financial
people, they like to have their abili- months, before remarrying. relief to municipalities calls for the
ties emphasized, not their disabili- (Second of Two Articles)
enactment of a limited state sales
ties.
tax, a portion of which would be re- Chicago.
"The opportunities of such per- Prepare Legislation funded to cities. Possibility of a
sons," he adds, "are limited not so to Close Banks of Cities ravaged by blight in some
state sales tax to aid cities also has areas almost as thoroughly as though
much by their handicap as by the been mentioned in Maryland.
attitude of seeing people. The aver- State on Saturdays Michigan's electorate adopted at
they had been blitzed by bombers
age person may walk a little -out of Harrisburg, Pa. are planning new and extensive coun-
last November's election a state con- terattacks against slums according
his way to buy his newspaper or . Two bills to provide for the closing stitutional amendment making it
tobacco from a blind dealer, and he to the American Society of Planning
mandatory for the state to return Officials.
may contribute to a vacation fund have been prepared by the state's one cent of every three of the state
for the blind. But when it comes to Legislative Reference Bureau. Adoption by the Providence, R. I.,
sales tax for even division between city plan commission of a masterplan
hiring a 'blind workman, he is likely The measures are said to have the school districts and cities and mu-
to consider him on the basis of what backing of city banks but to be for slum clearance and redevelop-
nicipalities. Shares of new or exist- ment is typical of current action. The
he can't do * * *. Many people meeting with strong opposition from
ing sales taxes may be sought in a commission adopted the plan together
are surprised to hear that blind per- institutions in the smaller centers number of other states. Utah mu-
sons are farmers, beekeepers, insur- which do a large "farmers' business" with integrated plans for urban land
nicipalities, for example, have pro- use and traffle thoroughfares.
ance agents, real estate dealers, news- on Saturdays.
posed that the 1947 legislature make Maps of Providence showing slum
papermen, organists, bookbinders, The State Banking Department is a portion of that state's sales tax areas resemble air-survey photos
teachers, and toy-makers. The pro- "on the sidelines" in the matter, a available to local governments.
fessions are particularly suitable for made of Europe's blitzed cities - in
blind persons since blindness in no e either case blight or bombs has caused
way detracts from a man'sdiscussing the matter but not to have greatest damage near the industrial
ability." arrived at a conclusion regarding leg- Measure to Impose and mercantile vitals of the metro-
In addition to urging that each islation. 'Earnings Tax' in polis. Action to redevelop similar
slums is underway in numerous other
blind man be given an opportunity
to utilize such abilities as he has in Minnesota Offered U. S. cities including Baltimore, Chi-
useful work, Mr. Yahraes gives ten 5. Offer your arm when walking St. Paul, Minn. cago, Pittsburgh, Indianapolis, De-
simple do's and don'ts on how to be- with a blind person. Don't push him. Senator Donald 0. Wright of Min- troit, and New York.
have when with blind persons. Co straight if possible. Sound and neapolis recently announced he would Deteriorated and Arrested Areas
They are: touch are the blind man's "sight." introduce an "earning tax" bill in the The Providence redevelopment mas-
1. Never talk to a blind man as 6. Speak, if only a word, on enter- 1947 Legislature. terplan divides blight areas into two
though he were deaf. Treat him as ing a room where there is a blind "It's time we recognized that we categories - "deteriorated" districts
a normal individual. person. If your are a stranger, say cannot meet the terrific need of more which are slums in the usual sense
2. Never express sympathy for a who you are. Tell him by a word revenue by taxing cigarettes and pea- of the word, and "arrested" districts
blind man in his 'hearing, when leaving. nuts," he asserted. "And of course which combine characteristics of in-
3. Don't revise your conversation 7. Address a blind person directly, property just can't stand any more adequate housing with high rate of
so as to use "ear" insteadfof "see." not through another person. taxes." tax delinquency, low density and low
Use the word "blind" without hesita- 8. Don't exclaim "wonderful" or Senator Wright explained he had value, inadequate city services, and
tion. "marvelous" because a blind man can broadened his plan for raising more improper subdivision which has
4. When a blind person is enter- do the usual things. revenue. He had at first planned a helped stifle growth of the areas.
ing a car or train, going upstairs, 9. Don't talk of an "extra sense" "payroll tax," but now contemplates The overall plan calls for redevelop-
or about to sit down, he needs only or "'providential compensation."' a measure that will not only reach ment of nine arrested areas compris-
to have his hand placed on some 10. Always be natural with the persons on salaries and wages but ing 10 per cent of the city's land
leading object. He can do the rest. blind-never patronizing. also those in business and the pro- area and redevelopment of eight slum
fessions and on farms. sites comprising 15 per cent of the
His proposed levy would be a state city. The masterplan was devised
SUBSCRIPTION BLANK tax on the first $4,000 of a person's under provisions of the Providence
.................................... 194..... annual earnings or income. He esti- Redevelopment Act and state legisla-
mated that such a levy at two per tion passed earlier this year. A re-
American Law and Lawyers, cent would produce from $35,000,000 development agency will be created to
534 Sycamore Street, o $40,000,000 a year. He would acquire site for clearance and resale
Cincinnati 2, Ohio. thave one half of this allocated back to private builders.
o the communities where it origi- Take Arrested Part First
Gentlemen: nated, as a means of contributing to Because of the housing emergency
Please enter my name for a three months' trial subscrip- a solution of
the financial problems in Providence, the masterplan gives
tion and bill me for one dollar. ,onfronting cities. redevelopment priority to the ar-
rested areas because they are gener-
For Rule-Making ally near the outskirts of the city
...................................--------------------------------- Power where vacant or nearly undeveloped
Jackson, Miss. land allows more freedom and econ-
...........................----------------------------------------- Legislation giving the Mississippi omy in residential construction. Re-
Supreme Court power to prescribe development of central slum areas will
eivil, procedure for all state courts be deferred until the forces of the mu-
0 Send paper for a year at $4.00 was advocated by the State Confer- nicipality and private developers can
($3.75 if check accompanies order) ence of Judges at its annual meeting be subsequently shifted to the com-
ere. plex job of slum demolition.
8 AMERICAN LAW AND IAWYERS

Denial of Double Liability for Death

Strict Policy of Insured in Military Service Upheld Finds Renters
on Divorces
Philadelphia. After noting a divergence of views
A trial court's denial of judgment among courts in other jurisdictions
for double' liability on account of an construing clauses intended to relieve
Are 'Hoarding'
Is Instituted insured's death by accidental means the insured from liability for death
while in military service was upheld resulting from military service, the
by the Superior 'Court of Pennsyl- reviewing court continued:
Housing Space
Sharp Increase of Cases in vania.
"The language of the exclusion More Space Available Than
The insured was a corporal in the clause in the present policies has not
New Jersey Hold a Threat Army and was stationed at Ft. Knox, been construed by our appellate
in 1940 But It Isnot So
to the Social Structure Kentucky, in command of an armored courts. But it is clear and unambigu- Well Used, Economist Says
tank. While returning to his post ous and cannot be construed otherwise.
CAUSES FOUND NOT CLEAR after maneuvers the tank in which he * * * The policies here were primar- TENANTS HAVE SPREAD OUT
was riding was driven off the cartway ily life contracts and the double in-
to avoid an approaching vehicle, as demnity feature was added to them. New York.
Pterson, N. J.
result of which the tank overturned, insured paid additional
Asserting that a staggering in- a down an embankment and the in- Whether the "Hioarding" of housing space by
slid premiums for the coverage, or, as the renters was cited as one of the chief
crease in the number of divorce peti- mnred was killed. The policy in suit
tions is undermining the nation's defendant asserts, it added accident contributing factors to the housing
contained a provision for double lia- insurance to all of its life policies of shortage by Dr. V. 'Oval Watts, econo-
social structure, Chancellor A. Day-
bility in the event of insured's death this class, gratuitously, is of no mo- mist on the staff of the Foundation
ton Oliphant declared in an address as a result of having sustained "bod-
Is important is that de- for Economic Education.
here that New Jersey's Cbancery ily injuries solely through external, ment. What
fendant limited its liability by ex- He backed his claim by 1946 census
Court will demand that all the re- violent and accidental means and
quirements of law and rules be fully cluding death reulting from military bureau figures which showed that the
while said policies were in force", naval service in time of war. There nation has more housing space today
complied with before any decree is with a further limitation, however, or
is good reason for an insurer to dif- than it had available in 1940, but
granted. that "No Accidental Death Benefit service in time of that the number of houses and apart-
Speaking at a dinner of the Pas- will be paid if the death of the In- ferentiate military
saic County Bar Association, the re- war, from such service in peacetime, ments occupied by one person rose 80
sured resulted * * * from having and to assume liability for death from per cent in five years. The number
cently-appointed 'Chancellor enunci-
been engaged in military or naval accident in the latter service and ex- housing only two persons rose 22 per
ated the policy that will be followed
service in time of war". clude it in the former. * * * There cent. This hoarding and inefficient
by his court on divorce during his The trial judge found that the ex- is nothing in the clear language of utilisation of housing apace affords
term of seven yeas.
ception barred recovery because the the clause which will permit a con- the average person or household more
Spectacular Increase fatal accident resulted from military struction limiting the exclusion to ac- space and is less crowded than be
service while decedent was perform- tual combat service. Death resulting
The number 'of petitions for di- ing duties required of him in such from military service in time of war fore the war.
vorce and nullity filed in New Jer- service in time of war. Plaintiff con- comprehends death in actual combat "The average American has twice
say Chancery Court increased from tended, on appeal, that the exclusion but is not so restricted as to exclude as much money to spend as he had in
4,554 in 1940 to 10,624 last year, he clause of the policy referred only to death under other circumstances, if 1940,: continued Dr. Watts. "Ten-
pointed out. combatant service. actually resulting from military ser- ants have 'been moving to better plac-
Comparing the divorce statistics vice, in time of war." (Selenack v. es with more room. This spreading
with the 62,250 marriages solemn- Prudential Ins. Co.) out was evident especially during the
ized in New Jersey last year, Chan- Modernizing of Law war, increasing the number of rooms
cellor Oliphant said: a person from 1.45 to 1.58, an in-
"You can see that there are today on Mentally Sick Is crease of 9 per cent
about one-fifth as many petitions for Asked in Oklahoma Figures Show Civil According to Dr. Watts, under rent
divorce and nullity as there are mar- Service Employes control a tenant can hold space which
riages. There can be me question belongs to some one else. "The fact
Oklahoma City. Can Be Fired Too
that all this means an undermining that the government approves of it
Enactment by the 1947 Legislature
of our social structure. Washington. still does not make it right," he ex-
of a bill modernizing the state's laws
sick persons That a civil service appointment plained.
Serious Social Problem dealing with mentally
does not mean a "soft government OPA has allowed rents to go up
in state institutions will be sought by
"Such a volume of cases as I have a committee composed chiefly of state job" or a "Job for life" was demon- only four per cent. "Housing is
related presents to us a serious social strated in 1945 with the Civil Service cheap," said Dr. Watts, "in propor-
hospital authorities. .
and moral problem which is a chal- Commission dismissing 108,000 em-
lenge not only to the Chancellor but, James Bounds, Assistant Attorney ployes in top and bottom brackets tion to incomes, for those who can
get places to rent at the legal ceil-
in the first instance and primarily to General, was asked to draft a bill from the federal payroll for manifold ing rents." Unless people realize the
the sovereign state itself. It cannot which would eliminate reference to reasons, including: unauthorized ab- evil of rent control, wise investors
be accepted with equanimity. It "Insane" and endeavor to establish senteeism, subversive activities, im- will not soon again put much money
should not be shrugged off. Its so- the legal psych9logy of mentally sick. morality, and unsuitableness for the into apartment buildings and dwell-
lution is and will be difficult, requir- Oklahoma's present lunacy laws were job. ings for rental purposes.
ing serious and continued study." enacted in 1917. This figure does not include job The chief sufferers from the lack
Present experience, he said, does Dr. Charles R. Rayburn, assistant holders with good records who were of confidence that investors have in
not make it clear whether a volume superintendent of Central Oklahoma laid off in personnel reductions. the rental property business are the
of 12,000 cases a year is the result State Hospital at Norman, explained Efficiency ratings are given em- young people and those who cannot
of social, economic and moral con- that the New York mental hygiene ployes at intervals, and should the afford to buy homes, which are the
ditions incident to the prevailing law was used as a pattern for the rating be unsatisfactory for any reas- very ones that advocates of rent con-
times. Certainly, he added, however, proposed new Oklahoma legislation. on, diseharge or demotion follows. An trol believe it protects.
the war and its repercussions have Although the system of commit- employe receiving an "unsatisfac-
played their part. ments through county judges would tory" efficiency rating may be dis-
the bill would provide for charged only by the departnent's per- but if the rating is upheld, he must be
He pointed out that although the be retained,
has risen all over the voluntary admissions and admissions sonnel division and is given a sep- discharged or demoted. Veterans can
divorce rate
country, the rate in New Jersey is to the state hospital on certification aration notice. Any person so dis- appeal further to the Civil Service
of two physicians. charged may appeal to his agency, Commission.
above the average.