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9 Am. L. & Law. 1 (1947)

handle is hein.journals/amlandl9 and id is 1 raw text is: 7K -- MERI(AN LAW - -nmm 0 Established 1939 Cincinnati, Ohio, January 7, 1947 Changes Recommended by Jurists in Army's Court Martial System Use of Trained Lawyers to Handle Work Listed First among Reforms Suggested CHANGE IN CONTROL URGED Appointment Should not Be Function of Command-Ask Great Enlargement in JAGD (First of Pour Articles) Washington. Administration of military justice will be greatly improved if the Army will provide trained lawyers to handle the work, will remove the appoint- ment and control of general courts- martial as a function of command, and will greatly enlarge the Judge Advocate General's Department. These conclusions are reached in the report of the Advisory Committee on Military Justice of the War De- partment, headed by Dean Arthur T. Vanderbilt of New York University School of Law, and forwarded to Secretary of War Robert P. Patter- son. It How Committee Constituted The changes are urged along with several other procedural improve- ments by the committee which was named last Spring by Judge Patter- son after it had been nominated by Willis Smith of Raleigh, N. C., then president of the American Bar As- sociation. The other members of the committee are Walter P. Armstrong of Memphis, Joseph W. Henderson of Philadelphia and Jacob M. Lash- ly of St. Louis, Mo., who along with Dean Vanderbilt are former presi- dents of the American Bar Associa- tion; retired Chief Justice Frederick T. Crane of New York; Federal Cir- cuit Judge Morris A. Soper of Balti- more, former Chief Justice Floyd E. Thompson of Illinois; William T. Joyner of Raleigh and Justice Alex- ander Holtzoff of the Federal Dis- trict Court here, secretary of the committee. The committee based its findings upon the study of hundreds of briefs and memoranda filed by both laymen and lawyers, most of whom served on courts-martial during the war. It also considered testimony taken at (Continued on Page Four) Protest Vet Ruling Philadelphia. Ptrotest of the Philadelphia Bar Association over the denial of on-the-job training benefits to lawyer-veterans was carried personally to the Veterans Ad- ministration by a delegation headed by D. Barlow Burke, former Navy lieutenant. Mr. Burke said his group had a twohour conference with high ranking VA oficials, who seem- ed very much impressed with the resolution and promised to give it their fullest consideration. Faculty is Cleared Bloomington, Ind. Members of the faculty of the law school of Indiana University were cleared of charges that they had com. munistic leanings when the univer- sity's board of trustees reviewed the matter. The charge has been made to the Governor by the American Legion after the faculty members signed a petition to allow Communist candi- dates a place on the state ballot. The trustees found no evidence that any members of the staff are Commu- nists and no evidence of the teach- ing of subversive doctrines at In- diana University. 'Intoximeter' Used to Make Quick Test of Autoists' State E. Lansing, Mich. Michigan State Police are putting the intoximeter into state-wide use in an effort to eliminate miscarriages of justice resulting when persons are charged with drunken driving because they are sick, injured or have taken drugs. The newly developed device per- mits a police officer, without technical training or laboratory equipment, to make a fool-proof on-the-scene test for intoxication, subject to check later by a laboratory technician. The test is made by the involved motorist or pedestrian blowing up a small rubber balloon attached to the intoximeter and the officer checking the time required for a red fluid in a glass tube to become colorless. The time lapse indicates the percentage of alcohol by weight in the blood stream. Lawyers Have Large Bloc in Legislature Harrisburg, Pa. Lawyers won't be able to run things in the next session of Pennsyl- vania's House of Representatives but as the most numerous group in that body they'll have plenty to say. And in the Senate they will be near to having an actual majority. An occupational poll showed 31 of the 207 House members and 21 of the 50 Senators are lawyers. Missouri Plan of Selecting Judges Studied Several States Considering Adoption of Such a System for Appointment of Bench SCAN LEGISLATIVE HORIZON New York. Changes in the procedure fox choosing judges will be proposed is a number of states during 1947, with interest centering on the so-called Missouri plan of nonpartisan ju. dicial selection, a survey of develop- ments in various states throughout the country discloses. Under the Missouri plan a nonpar- tisan commission representing the public and legal profession nominates three candidates for each court post to be filled and the governor appoints one of the three who, after serving for a period, goes before the voters for retention or rejection. If he is rejected by popular vote, the whole process begins again. Lively Issue in Texas Such a plan has been recommended in Texas by the State Civil Judicial Council and may become a live issue during the 1947 session of the Texas legislature. Whether a bill providing for the Missouri plan should be intrduiced in the 1947 Pennsylvania legislature was scheduled for discussion at 'ihe midwinter meeting of the Pennyl- vania Bar Association. In Peinyl- vania, the plan would apply to-judg- es of the Supreme and Su erior Courts and to judges of courtr_-tf record in Philadelphia and Allegheiky counties. Such a measure is expected to-be introduced in the 1947 Utah legisla- ture. A constitutional amendmiin adopted in 1944 permits the legiga- ture to establish a nonpartisan system for the selection of judges, but action heretofore has been blocked by lack of agreement on what specific system should be adopted. Movement in Colorado A movement has been launched in Colorado for a state constitutional amendment providing for the Mis. souri plan of nonpartisan selection of (Continued on Page Four) Vol. 9 No. 1 LEADING NEWS ARTICLES- Revisions in Court Systems Being Widely Asked ---------Page 2. Milwaukee Bar to Establish Reference Plan ------------Page 2. American Bar Essay Contest Is Announced ------------- Page 2. -Care on Part of Publishers Is Asked by Bar ------------ Page 3. New Standard to Be Applied to Judicial Appointments -- Page 3. Integration of Bar Is Denied in Wisconsin ----- Page 4. Stimson Holds Nuernberg Was a Step Forward ----------Page 5. Exhibit Is Aimed to Counteract Foreign 'Isms' Page 5 Union Solicitation in Working Hours Held Misconduct Page 6. Woman on Harvard Law Faculty Stirs Correspondents -- Page 6. Basic Charter of Human Liberty Put on Exhibition - Page 8. Broker Held for Damages in Rent Overcharge Case - Page 8. Brandeis Lamp Burns Again at Society's Quarters ----- Page 8. EDITORIALS AND FEATURES- Editorial - Engaged Counsel ------------------------ Page 4, Legislative Trends in the States --------------------- Page 5.

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