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6 Am. L. & Law. 1 (1944)

handle is hein.journals/amlandl6 and id is 1 raw text is: OHIO EDITION AMERKAN LAW AND LAWYERS The rofession's First and On.li I lV W kl NT Established 1939 Vol. 6. Cincinnati, Ohio, January 4, 1944. Number 1 Penalize Firm That Defended Itself in Suit Corporation Can Appear in Court Only by an Attorney, New York Opinion Declares CAN NOT ACT ON JUDGMENT New York. A corporation that undertook to defend itself in a court action and against which a judgment was ren- dered can not make a claim against a third person on the judgment, the Appellate Division of Supreme Court, First Department, held in a. three-to- two decision. The decision was regarded as high-. ly significant for the Bar in connec- tion with its efforts to prevent the. unauthorized practice of law. How Case Arose The case grew out of a lease in which the landlord had reserved the right of entry to make repairs and alterations. The tenant objected to a proposed alteration and the land- lord was obliged to obtain an injunc- tion to enable it to proceed with the work. Thereafter the landlord's attorney recovered a judgment of $2,300 against it for his services and ex- penses in the injunction case. In the lawyer's suit the landlord defend- ed in its own name and its case was conducted by the father of the com- pany's president, who was not a law- yer. Invoked Clause in Lease The landlord thereafter sought to recover the amount of the judgment from the tenant, on the basis of a clause in the lease providing that any expense, including attorney's fees, incurred by reason of any de- fault by the tenant should be deemed additional rent, In an opinion by Justice Albert Cohn the Appellate Division ruled that because of the illegal personal appearance of the landlord corpora- tion and its participation in the trial the landlord could not avail itself of this judgment for the purpose of the present suit. Under the law, the opinion contin- (Continued on Page Three) Holds Employes Must Abide by Their Contract After Waiving All Right to Damages in Settlement of Wage Clahn They Can't Sue New York. Suit of a group of loft building employes to recover overtime wages under the wage and hour act, after they had settled the claim with their employer, was dismissed by Federal Judge Simon H. Rifkind as he de- scribed the suit as a heads I win, tails you lose case. The employes had put in a claim with the employer for overtime wag- es required under the act and for an equal amount as liquidated dam- ages. Agreed to Settlement The company contended the wage and hour law did not apply to these employes but in the face of threaten- ed litigation agreed to pay the over- time claimed if the employes would waive their claim for damages. The employes' representative, after conferring with the Wage and Hour Division and with his union, accepted the settlement ahd signed a release. In the present case it was contend- ed that a waiver of workers' benefits provided under the law is contrary to public policy and void. OPA Tribunals Do not Provide Fair Hearings, Bar Maintains And now, a Lawyer! Albany. Dr. Frank P. Graves, 74-year old former state education commission- er and the holder of 43 college de- grees, six earned and the others hon- orary, is now a member of the New York State Bar. He was admitted before the Appellate Division of the State Supreme Court. He recently received his bachelor of laws ddgree from Albany Law School. A Genuine Dispute Judge Rifkind agreed that it is contrary to public policy for work-, ers to waive thheir rights, but re- marked that in this case there was a genuine dispute between employer and employes as to their standing under the federal act, and pointed out that there is a well-established legal sanction for amicable and reasonable settlement of such dis- putes. In this case, he wrote, the plain- tiffs have held on to the amounts of the settlement, while seeking to re- pudiate their agreement. I do not believe, he commented, that it is the intention of the statute to drive so wide a breach between law and morals. Exercise Powers of Court but without Any Adequate Safeguards, Report Notes SYSTEM CALLED DANGEROUS Congressional Failure to Impose Limitations Held 'Cause for Deep Concern' San Francisco. In a special report prepared for distribution to local lawyers and giv- en public expression in the press here, the Bar Association of San Francisco contends: 1. OPA tribunals for hearing vio- lations of rationing orders and regu- lations are not legally constituted. 2. They do not afford a fair and adequate medium for the trial and punishment of persons charged with violations of such orders. Usurp Rights of Courts 3. Their powers concerning ra- tioning stem from a series of indirect directives and usurp rights of state and federal courts. 4. Their policies are guided by secret' instructions from the OPA not available to the public, hence are prejudiced. 5. There is nothing in the OPA orders or regulations which requires hearing commissioners of the OPA to be ex-judges or lawyers, or, in fact, to have any particular qualifi- cations whatever. G. Perhaps the very volume of alleged violations is an indication that the regulations themselves have been multiplied beyond the scope con- templated by the Congress in its grant of power to allocate scarce ma- terials needed for the national de- fense. Protective Procedure Lacking After reviewing in detail what it termed extra-legal procedures of OPA hearing commissions, the com- mittee added: Of more fundamental importance, however, is the general consideration that here is a vast extension of the modern tendency to make the life, liberty and pursuit of happiness of the individual citizen dependent up- (Continued on Page Six) LOOK INSIDE FOR- No Exemptions for Lawyers to Minimum Work Week - -..-Page 2. Plan to Let Governor Nominate Judicial Candidate -... ---Page 3. Announces OPA Won 94 Per Cent of Court Rulings '--Page 3. Will of Lost Aviator Probated without Witnesses .- - - .---------Page 4. Inter-American Bar Convention Plans Are Laid Page 5. Youth Correction Act in California Explained ----------- Page 5. LaGuardia Will Offer Small Loan Legislation --------.-_---------Page 5. Attorney General Files Brief in Insurance Case .....-....-Page 6. Note in Florida Land Boom Sale Is Ruled Out --- - -- Page 6. Judge Would Eliminate U. S.-Canadian Barriers . - .--------Page 8. Says Cost of Slum Clearance Cheaper than Crime - ---........Page 8. REGULAR FEATURES- Lawyers in the Government . .------.-.-.-----..-. --.-... - -.---..-. -- Page 2. Editorial-Birthday Thoughts '---------------------------- Page 4. Letters to the Editor ------ .-...--...----.---- _...................Page 4. To Brighter Worlds . --------..-.-.------------- ------------------------ --------- Page 7. X, Z :1 y ee y ewspaper

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