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8 Am. L. & Law. 1 (1946)

handle is hein.journals/amlandl8 and id is 1 raw text is: OHIO EDITION ME PrICAN LAW AtiaWkle S The Profession's First and Only National Weekly Newspaper Established 1939 Vol. 8 Cincinnati, Ohio, January 1, 1946 No. 1 Clark Believes Administrative Bill Acceptable Says Government Agencies Anxious to Eliminate Own Faults; Have Co-Operated WHAT FINAL DRAFT DOES Cincinnati. Despite claims by certain members of the legal profession that admin- istrative law is a threat to our de- mocracy, an alien system and a con- trivance of self-seeking bureaucrats, it is my contention that the admin- istrative process has had to expand to meet the needs of an increasing- ly complex civilization, Attorney General Tom C. Clark told the American Bar Association members in convention here. Stating that the government agen- cies have themselves worked hard in an effort to improve procedures and correct defects as they have been pointed out, Mr. Clark reminded his audience that the Department of Justice has collaborated with the ju- diciary committees of both houses and the ABA committee on admin- istrative law to make the final draft of the McCarran-Sumners bill one that would be acceptable to all in- terests concerned. And I think, he said, that the hard work which has thus been car- ried on has been rewarded with suc- cess. What Bill Does The final draft of the McCar- ran-Sumners bill, recently reported favorably by the Senate judiciary committee, may be described as a restatement of the law of due pro- cess for administrative agencies, he added. It establishes minimum procedural 'equirements in terms applicable to all administrative agencies of the federal government. Broad general principles are laid down with a sufficient degree of definiteness to protect the public in its dealings with government. Recognition has been given to the fact that not every function of gov- ernmental agencies can be regulated (Continued on Page Six) Bar Studying Legal Angles of Aviation Prepare for New Problems Expected to Accompany the Rapid Expansion of Flying St. Paul. The Minnesota State Bar Associa- tion's committee on Aeronautical Law sees busy days ahead in its field and is endeavoring to prepare lawyers of the state for the work they must handle in the expected rapid devel- opment of private and commercial flying. Paul J. Thompson, Minneapolis, committee chairman, recently called his group together to look over the questions that should have early con- sideration and to carry out appro- priate research. 'Massacre in the Skies' Mr. Thompson called attention to a recently published magazine arti- cle entitled The Coming Massacre in the Skies, and referring to the new traffic hazards of the air. brary in the state and summaries would be posted at every airport. It was agreed that Minnesota law should be amended to provide that after the commissioner has investi- gated a plane accident the names of all witnesses must be made available to interested parties. Service on Non-Residents The committee decided to ask the opinions of all interested lawyers -as to a bill prepared for the next Lepis- lature to provide for service ofpro- cess on a non-resident owner of an airplane, that through accident or otherwise, causes damage in Minne- sota, in a manner identical with that in which service can be made on a non-resident owner of an automobile or truck. The question raised in regard to this was whether the use of air over Minnesota and of airports and land- ing fields in the state give jurisdic- tion to sue non-resident plane own- ers in the same way that use of high- A project to supply all Minnesota ways does. lawyers with copies of all laws re- Two subcommittees were named lating to aviation and all rules and to study subjects on the committee regulations of the Commissioner of docket: the question of liability in- Aeronautics was shelved for lack of surance and the matter of creating funds, but Commissioner Leslie L. boards of adjustment to deal with Schroeder promised such material I eases where federal and state laws would beT collected for each law li- and regulations overlap. suac ndtemttro r an LEADING NEWS ARTICLES- Wide Variety of Services Given by Boston Bar -- Page 2. Approved Law List Roster for 1946 Is Announced -- Page 2. Students, Veterans Told What Law 'Is All About' Page 2. Interest Keen in Awards for Bar Activities --- --- - Page . Would Improve Quality of Those Admitted to Bar - Page 3 Public Opirion Held Lawyer's Particular Charge - - Page 5. New Method of Judicial Endorsement Developed Page 5. President Pays Tribute to Lawyers' War Services Page I. Special Patent Court Is Urged by Commissioner Page 7. Offers Formula for Settling of Labor Warfare Page 8. State Help Is Provided for Local Planning - -- Page S. Bar Is Warned to Withstand Beginnings' - Page S. EDITORIALS AND FEATURES- Editorial-New Answers -- ------- - ------ - - -Page 4. Letters to the Editor - - -- - - Page 4. Bar Association Elections -- -- --- ----- Page 4. Legislative Trends in the States ---------------- --Page 5. Useful Tips on Labor Practice -- ...-..-... - Page 6. Beyond These Voices --------------- ------ _ ------ ------------Page 7. ....,,,,,,,,,,... , ..n o ,, non n,, nm na m o n n m m no n u nu n en m = m Constitution and Statutes Can't Mean One Thing Today, Something Else Tomorrow BUREAUCRACY CURB WANTED Free Discussion in Labor Disputes Seen Necessary- WNould Give up Bomb Secret Cincinnati. If constitutions and laws are to have any meaning their inter- pretation must be uniform when ap- plied to the same facts and circum- stances. Provisions of the constitu- tion and the law which are changed by amendment can not mean one thing today and the opposite tomorrow, if this is to be a government of laws and not of men. With such words David A. Sim- mons, Houston, president of the American Bar Association, criticized the United States Supreme Court for causing uncertainty in the law. Convention Address Making his annual address to the association at its convention here, Mr. Simmons also: 1. Warned that unless law takes the place of bureaucracy the couritry will find itself with bargaining rather than adjudication. 2. Urged free discussion as the first step toward industrial peace. 3. Advocated making the atomic bomb available to the United Na- tions. 4. Condemned the use of the veto in the United Nations Organization. Dissents Multiplying Pointing out that in 1943 there were dissenting opinions in 44 per cent of the Supreme Court decisions and in 1944 in 63 per cent of the cases, Mr. Simmons said: Is the applicable rule of law really so difficult to ascertain? Or is each judge seeking to extract from the atmosphere about him, or from his personal sense of justice-social or otherwise-his own notion of equity, which he writes into the law? * * * I vigorously dissent from the theory that the law means whatever the judges say it means, if that is (Continued on Page Seven) Bar President Is Critical of Uncertainty Created by Court I

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