Volume 19 Issue 11 Article 4

Denver Law Review

Denver Law Review

Volume 19 Issue 11 Article 4

1942

Vol. 19, no. 11: Full Issue

Vol. 19, no. 11: Full Issue

Follow this and additional works at: https://digitalcommons.du.edu/dlr

Recommended Citation Recommended Citation 19 Dicta (1942).

VOLUME

19

1942

The Denver Bar Association

The Colorado Bar Association

Vol. XIX

NOVEMBER, 1942

No. 11

Upon Information and Belief

Who won the race? Was it the oarsman, or was it the coxswain? Was it the man who pulled the boat through the water or the man who kept it on an even keel and directed it unerringly on its course?

The answer is obvious. The race could have been won only by the combined action of both.

And so with the war.

Not everyone can be a member of our armed services. Some must stay at home and make ships and bullets. Others must provide food and clothing. Still others-and this is the all important job for lawyers-must make certain that our fighting men shall not return to an irre-parably misshapen homeland.

In some respects, the men on our fighting fronts have the easier job. Their action is direct; they can see exactly what is being accomplished. But equal obligations exist on. the home front, and these call for great courage, perserverance and strength of character. No lawyer should feel embarrassed because circumstances compel him to carry on while his younger, perhaps more fortunate, brothers go marching off to war.

If you become depressed with the seeming futility of that which you are doing-and who of us at times doesn't-remember the coxswain. While the race can be won only by the united and vigorous efforts of the oarsmen, if the boat capsizes or runs on a bar, the race must be lost.

Denver Bar to Hear Discussion of Patent,

Trademark and Copyright Law

The November meeting of the Denver Bar Association, which will be held on November 2 at 12:15 p. m. in the Chamber of Commerce dining room, will feature a practical discussion of patents, trademarks and cpyrights by W. A. McGrew and Carle Whitehead. In addition, Louis A. Hellerstein will give a ten-minute review of the Soldiers' and Sailors' Civil Relief Act Amendments of 1942.

267

A Message from the President

of the State Bar

BY EDWARD L. WOOD

In this year of tremendous efforts the Colorado Bar will be sub-jected to its greatest test. Can we lawyers keep the position of leader-ship we have always held during periods of great emergency? There will never be another time in our generation when we can so conclu-sively demonstrate that the legal profession is deserving of high public respect.

The war effort will of course have our first consideration. This work will be carried on through the Lawyers War Emergency Commit-tee. Our earlier committees on this work, under the able leadership of .John L. Zanoni, have prepared the way for this year's greatest effort. Among the war problems that we think lawyers are best qualified to con-trol is the devastating pest of false rumor. We call upon every lawyer in the state to assist us in spiking damaging stories that have been so current in recent months.

And while we concentrate upon the war work, let us not overlook the other important activities that affect us today and will continue to affect us tomorrow. We have made a great contribution to the public welfare in assisting to bring about the adoption of the new rules of civil procedure. The code of evidence prepared by the American Law Insti-tute is now ready for our consideration and will have the attention of a committee during the next year. Work is being continued by the sec-tions on probate and irrigation law. The splendid results attained by the real estate committee of the Denver Bar Association have developed a state-wide interest in this important subject, and the work is now to be considered by a committee of the stite association. The rich possi-bilities in all of these fields are a challenge to the earnest and public-spirited lawyer. There is a place on this program for every lawyer in the state. We enlist your assistance and we confidently expect it.

Law Books for Sale

Volumes 128, 129 and 130 of the American Law Reports, and volumes 1, 2 and 3 of the A. L. R. Word Index to Annotations Desk Book (green) ; condition like new.

0. W. WEBER,

DICTA

Recent Amendments to Soldiers' and Sailors'

Civil Relief Act

BY Wm. HEDGES ROBINSON, JR.*

The Soldiers' and Sailors' Civil Relief Act of 19401 was a hastily drawn measure, founded upon a similar act of 1918 and based upon the premise that we were not a nation at war. The events of last December destroyed the premise, and brought out more clearly the deficiencies of the 1940 act. It was readily apparent that if civil rights of our civilian soldiers were to be protected, considerable legislation was yet needed to accomplish that purpose.

Such legislation was enacted, in part, with the Soldiers' and Sailors' Civil Relief Act Amendments of 1942, which was passed by Congress on September 28, 1942, and was approved by the President on October 6, 1942.

Section 103 (1) of the original 1940 act is amended to extend the protection of the act to "accommodation makers, and others, whether primarily or secondarily subject to the obligation or liability" of the maker. Thus if a suit is stayed prior to execution on the judgment because of military service of one of the parties to the action, the court in its discretion may stay the action as to all parties thereto. Similarly, Section 103 (2) is so amended that where any judgment is vacated or set aside, in whole or in part as to one primarily responsible because of the operation of the act, it may likewise be set aside so far as it affects the rights of a "surety, guarantor, endorser, accommodation maker, or other persons whether primarily or secondarily liable upon the contract or liability for the enforcement of which the judgment or decree" was originally entered.

Two new sub-sections are added to Section 103. The first of these applies to liability on bail bonds and is as follows:

" (3) Whenever, by reason of the military service of a prin-cipal upon a criminal bail bond the sureties upon such bond are prevented from enforcing the attendance of their principal and per-forming their obligation, the court shall not enforce the provisions of such bond during the military service of the principal thereon and may in accordance with principles of equity and justice either during or after such service discharge such sureties and exonerate the bail."

'See 17 DICTA 245 and 273 (Oct. and Nov., 1940) for a discussion of the previous act.

DICTA

However, the more important addendum to Section 103 is sub-paragraph 4, which permits a waiver of all protection afforded by the act under Section 103. This waiver must be in writing, signed by the per-son affected, and must be a separate and distinct instrument if executed after September 28, 1942. But the waiver is not effective against the person executing the same if he subsequently begins military service or if he is a dependent of an individual subsequently inducted, unless the waiver is executed after the date of the order to report for induction, and prior to the time the person is actually inducted. Section 103 (4) of the act is as follows:

"Nothing contained in this Act shall prevent a waiver in writing of the benefits afforded by sub-sections (1) and (2) of this section by any surety, guarantor, endorser, accommodation maker, or other person whether primarily or secondarily liable upon the obligation or liability, except that after the date of enactment of the Soldiers' and Sailors' Civil Relief Act Amendments of 1942 no such waiver shall be valid unless it is executed as an instrument separate from the obligation or liability in respect of which it ap-plies, and no such waiver shall be valid after the beginning of the period of military service if executed by an individual who subse-quent to the execution of such waiver becomes a person in military service, or if executed by a dependent of such individual, unless exe-cuted by such individual or dependent during the period specified in section 106."

The protecting arm of the act is now thrown not only about the shoulders of our military men, but also about "persons who serve with the forces of any nation with which the United States may be allied in the prosecution of any war in which the United States engages while this act is in force and who immediately prior to such service were citi-zens of the United States," provided that "such service is similar to mili-tary service as defined in this Act, unless they are dishonorably discharged therefrom or it appears that they do not intend to resume United States citizenship."

Section 105 (newly added) directs the Secretaries of War and of the Navy to insure that notice of the benefits of this act is given to per-sons entering military service, and directs the Director of Selective Service to cooperate in this work.

One of the sorriest gaps in the 1940 act was that a selectee was not protected under the act during the time when he received his orders to report for induction and actual induction. This gap is filled by Section

"Any person who has been ordered to report for induction under the Selective Training and Service Act of 1940, as amended. shall be entitled to the relief and benefits accorded persons in mili-tary service under Articles I, II and III of this Act during the period beginning on the date of receipt of such order and ending on the date upon which such person reports for induction; and any member of the Enlisted Reserve Corps who is ordered to report for military service shall be entitled to such relief and benefits during the period beginning on the date of receipt of such order and ending on the date upon which he reports for such service."

Waiver provisions are also to be found in Section 107 (newly enacted) of the act which permits changes to be made in any obligation or in any foreclosure, repossession or forfeiture proceeding if the parties to the original agreement during or after the period of military service or the induction period enter into a written contract so modifying the original agreement. This section is as follows:

"Nothing contained in this Act shall prevent- (a) the modi-fication, termination, or cancelation of any contract, lease, or bail-ment or any obligation secured by mortgage, trust deed, lien, or other security in the nature of a mortgage, or (b) the repossession, retention, foreclosure, sale, forfeiture, or taking possession of prop-erty which is security for any obligation or which has been pur-chased or received under a contract, lease, or bailment, pursuant to a written agreement of the parties thereto (including the person in military service concerned, or the person to whom section 106 is applicable, whether or not such person is a party to the obligation), or their assignees, executed during or after the period of military service of the person concerned or during the period specified in section 106."

Old Section 205 which pertained to the tolling of the statute was vague as to its application against administrative boards and rights of redemption in real property. This section has been amended to make explicit the tolling of periods of limitation of any nature for the bringing of any legal, equitable or administrative action, and for extending the period of redemption allowable under foreclosure or forfeiture statutes pertaining to real estate. The new section reads:

cause of action or the right or privilege to institute such action or proceeding shall have accrued prior to or during the period of such service, nor shall any part of such period which occurs after the date of enactment of the Soldiers' and Sailors' Civil Relief Act Amendments of 1942 be included in computing any period now or hereafter provided by any law for the redemption of real prop-erty sold or forfeited to enforce any obligation, tax or assessment." The most outstanding provision of the amendments is Section 206 (newly added). This section limits interest rates, service fees, renewal charges, and all other charges, except insurance chargeable against a per-son in military service, to six per cent per annum, irrespective of the terms of the contract, unless it be shown that ability of the person to pay a higher rate is "not materially affected by military service." This section is as follows:

"Section 206. No obligation or liability bearing interest at a rate in excess of six per centum per annum incurred by a person in military service prior to his entry into such service shall, during any part of the period of military service which occurs after the date of enactment of the Soldiers' and Sailors' Civil Relief Act Amend-ments of 1942, bear interest at a rate in excess of six per centum per annum unless, in the opinion of the court, upon application thereto by the obligee, the ability of such person in military service to pay interest upon such obligation or liability at a rate in excess of six per centum per annum is not materially affected by reason of such service, in which case the court may make such order as in its opinion may be just. As used in this section the term 'interest' includes service charges, renewal charges, fees, or any other charges

(except bona fide insurance) in respect of such obligation or lia-bility."

The rights of a person in military service under rent, installment contract or mortgages are broadened and all liens, assignments and leases are specifically included under Article III of the act (Sections 300-306).

Section 300 (1), unchanged by the amendments, provides that eviction for non-payment of rent of premises occupied by dependents of a person in military service is not permitted for premises renting under $80.00 per month unless permitted by the court. Section 300 (2) is now amended to read as follows:

materially affected by reason of such military service.- stay the pro-ceedings for not longer than three months, as provided in this Act or it may make such other order as may be just. Where such stay is granted or other order is made by the court, the owner of the premises shall be entitled, upon application therefor, to relief in respect of such premises similar to that granted persons in military service in sections 301, 302, and 500 of this Act to such extent and

for such period as may appear to the court to be just."

Section 300 (3) is amended, to subject persons who attempt to vio-late the eviction provisions of the act to penalties as well as persons who actually violate these provisions.

The section (301) dealing with the repossession of real property for non-payment of installments provided for in the agreement relating to the purchase has been broadened to include contracts, leases, and bail-ments, and the section is made applicable to all such contracts whether they were entered into either prior or subsequent to the civil relief act. In addition the proviso for modification of the agreement by a subse-quent written instrument has been eliminated from this section, since it has already been provided for in Section 107. The new Section 301 (1) now reads as follows:

S(1) No person who has received, or whose assignor has re-ceived, under a contract for the purchase of real or personal prop-erty, or of lease or bailment with a view to purchase of such property, a deposit or installment of the purchase price, or a deposit or installment under the contract, lease, or bailment, from a person or from the assignor of a person who, after the date of payment of such deposit or installment, has entered military service, shall exercise any right or option under such contract to rescind or termi-nate the contract or resume possession of the property for non-payment of any installment thereunder due or for any other breach of the terms thereof occurring prior to or during the period of such military service, except by action in a court of competent juris-diction."

The following Section 302 (1) is likewise amended so that all obligations pertaining to real estate which were incurred at any time prior to period of military seruice are subject to the terms of the act. This is accomplished by striking from this section the reference to liabil-ities "originating prior to the date of the approval of this Act," and adding to the end of the section the words "which obligations originated prior to such person's period of military service."

274

Article III of the act, otherwise than as provided in Section 301 (1), relating to eviction for non-payment of rent upon leave of court, or as provided in Section 107, relating to foreclosure or forfeiture under trust deeds, mortgages, contracts, leases and bailments by agreements entered into after the person is in military service, "or attempts so to do," is subject to imprisonment up to one year, a fine up to $1,000, or both fine and imprisonment.

The amendments to Sections 301 and 302 were badly needed as the old act only applied to obligations originating prior tb October 17, 1940, and made no provisions for penalties against persons who know-ingly attempted to violate the act but were unsuccessful in their efforts. Consistently the provisions of Section 302 (3) are expanded to include foreclosures of chattel mortgages even if under power of sale or war-rant of attorney to confess judgment, and sub-section (4) is added to provide penalties against anyone who knowingly violates this section

or "attempts so to do." The provisions of the new Section 302 (3) and (4) are as follows:

" (3) No sale, foreclosure, or seizure of property for non-payment of any sum due under any such obligation, or for any other breach of the terms thereof, whether under a power of sale, under a judgment entered upon warrant of attorney to confess judgment contained therein, or otherwise, shall be valid if made after the date of enactment of the Soldiers' and Sailors' Civil Relief Act Amendments of 1942 and during the period of military service or within three months thereafter, except pursuant to an agreement as provided in Section 107, unless upon an order previously granted by the court and a return thereto made and approved by the court.

" (4) Any person who shall knowingly cause to be made any sale, foreclosure, or seizure of property, defined as invalid by sub-section (3) hereof, or attempts so to do, shall be guilty of a misde-meanor and shall be punished by imprisonment not to exceed one year or by fine not to exceed $1,000 or both."

"Where a proceeding to foreclose a mortgage upon, or to re-sume possession of personal property, or to rescind or terminate a contract for the purchase thereof, has been stayed as provided in this Act, the court may, unless in its opinion an undue hardship would result to the dependents of the person in military service, appoint three disinterested parties to appraise the property and, based upon the report of the appraisers, order such sum, if any, as may be just, paid to the person in military service or his dependent, as the case may be, as a condition of foreclosing the mortgage, resuming possession of the property, or rescinding or terminating the contract."

Liability for rent under leases which have been entered into by persons subsequently inducted into the military service is terminated by giving written notice at any date following the beginning of military service of the lessee. Any landlord who attempts to enforce a landlord's or hotel lien as a result of non-payment of rent under a lease lawfully terminated is subject to heavy fines and penalties. The newly added Section 304 (1), (2), and (3) is as follows:

"(1) The provisions of this section shall apply to any lease covering premises occupied for dwelling, professional, business,

agricultural, or similar purposes in any case in which (a) such lease was executed by or on the behalf of a person who, after the execu-tion of such lease, entered military service, and (b) the premises so leased have been occupied for such purposes, or for a combination of such purposes, by such person or by him and his dependents.

pro-vided for in the notice, any relief granted in this subsection shall be subject to such modifications or restrictions as in the opinion of the court justice and equity may in the circumstances require.

"(3) Any person who shall knowingly seize, hold, or detain the personal effects, clothing, furniture, or other property of any person who has lawfully terminated a lease covered by this section. or in any manner interfere with the removal of such property from the premises covered by such lease, for the purpose of subjecting or attempting to subject any of such property to a claim for rent accru-ing subsequent to the date of termination of such lease, or attempts so to do, shall be guilty of a misdemeanor, and shall be punished by imprisonment not to exceed one year or by fine not to exceed $1,000 or both."

Likewise the protection of the act is extended to life insurance poli-cies which have been assigned to secure a loan and to enforcement of warehouse liens by the addition of Section 305 (1), (2) and (3), which also provides stiff penalties for violation. This new section is as follows:

"(1) _{Where any life insurance policy on the life of a person} in military service has been assigned prior to such person's period of military service to secure the payment of any obligation of such person, no assignee of such policy (except the insurer in connection with a policy loan) shall, during the period of military service of the insured or within one year thereafter, except upon the consent in writing of the insured made during such period of when the premiums thereon are due and unpaid or upon the death of the insured, exercise any right or option by virtue of such assignment unless upon leave of court granted upon an application made there-for by such assignee. The court may thereupon refuse to grant such leave unless in the opinion of the court the ability of the ob-ligor to comply with the terms of the obligation is not materially affected by reason of his military service. For the purpose of this subsection premiums which are guaranteed upon the provisions of Article IV of this Act shall not be deemed to be due and unpaid.

DICTA

military service or some person in his behalf, unless in the opinion of the court the ability of the defendant to pay the storage charges due is not materially affected by reason of his military

service-(a) stay the proceedings as provided in this Act; or (b) make such other disposition of the case as may be equitable to conserve the interest of all parties. The enactment of the provisions of this sub-section shall not be construed in any way as affecting or as limiting the scope of section 302 of this Act.

"(3) Any person who shall knowingly take any action con-trary to the provisions of this section, or attempts so to do, shall be guilty of a misdemeanor and shall be punished by imprisonment not to exceed one year or by fine not to exceed $1,000 or-both." The provisions relating to tax payments hive been extended to cover taxes upon personal property, but income tax payments are ex-cluded. Domicile of the taxpayer is declared by a new section (514) not to be changed or affected by reason of residence or domicile acquired while in military service. The requirement of filing an affidavit with the tax collector to prevent a sale for a delinquency has been eliminated by repealing Section 500 (5) of the old act. And finally Section 509 is amended by relieving the Secretary of the Interior from explaining Sections 500, 513 or 514 of Article V relating to public lands, and Sec-tion 512 is amended to include specifically the words "SecSec-tions 501 to

5 11 inclusive" rather than the words "this article" and thereby conform with new Section 104 of the act. These new sections (500 (1), (2) and 514) are as follows:

"(1) The provisions of this section shall apply when any taxes or assessments, whether general or special (other than taxes on income) whether falling due prior to or during the period of military service, in respect of personal property, money, or cred-its, or real property owned and occupied for dwelling, professional, business, or agricultural purposes by a person in military service or his dependents, at the commencement of his period of military serv-ice and still so occupied by his dependents or employees, are not paid.

sale, as provided in this Act, for a period extending not more than six months after the termination of the period of military service of such person.

"514. For the purposes of taxation in respect of any person, or of his property, income, or gross income, by any State, Terri-tory, possession, or political subdivision of any of the foregoing, or by the District of Columbia, such person shall not be deemed to have lost a residence or domicile in any State, Territory, possession, or political subdivision of any of the foregoing, or in the District of Columbia, solely by reason of being absent therefrom in com-pliance with military or naval orders, or to have acquired a resi-dence or domicile in, or to have become resident in or a resident of, any other State, Territory, possession, or political subdivision of any of the foregoing, or the District of Columbia, while, and solely by reason of being, so absent. For the purposes of taxation in respect of the income or gross income of any such person by any State, Territory, possession, or political subdivision of any of the foregoing, or the District of Columbia, of which such person is not a resident or in which it is not domiciled, compensation for military or naval service shall not be deemed income for services performed within, or from sources within, such State, Territory, possession, political subdivision, or district. This section shall be effective as of September 8, 1939, except that it shall not require the crediting or refunding of any tax paid prior to the date of the enactment of the Soldiers' and Sailors' Civil Relief Act Amendments of 1942." Finally Congress has added two entirely new features to the act. These are sections 306 and 700. Section 306 specifically extends to ''dependents of a person in military service" all of the protection afforded to the person in military service if the ability of such dependents to com-ply with their obligations is materially affected by reason of the military service of the person who formerly furnished them with support. This Section 306 reads as follows:

"Dependents of a person in military service shall be entitled to the benefits accorded to persons in military service under the pro-visions of this article upon application to a court therefor, unless in the opinion of the court the ability of such dependents to comply with the terms of the obligation, contract, lease, or bailment has not been materially impaired by reason of the military service of the person upon whom the applicants are dependent."

service.2 It does not pretend to answer fully what will occur when the protection afforded by the act expires. Most of the problems which will be engendered by a post war economy, Congress has preferred to leave for a future solution. However, a new Section 700 is added which indicates the possible trend which future legislation may take in this field. This section permits the person applying for relief within six months after termination of his military service to have the time to pay all in-stallments, taxes and assessments which have accrued during military service extend for a time in the future equal to the period of the military service. No fines or penalties can be assessed against a default for which relief is granted under this section. Section 700 is as follows:

"A person may, at any time during his period of military service or within six months thereafter, apply to a court for relief in respect of any obligation or liability incurred by such person prior to his period of military service or in respect of any tax or assessment whether falling due prior to or during his period of military service. The court, after appropriate notice and hearing, unless in its opinion the ability of the applicant to comply with the terms of such obligation or liability or to pay such tax or assessment has not been materially affected by reason of his military service, may grant the following relief:

" (a) In the case of an obligation payable under its terms in installments under a contract for the purchase of real estate, or se-cured by a mortgage or other instrument in the nature of a mortgage upon real estate, a stay of the enforcement of such obligation during the applicant's period of military service and, from the date of termination of such period of military service or from the date of application if made after such service, for a period equal to the period of the remaining life of the installment contract or other instrument plus a period of time equal to the period of military service of the applicant, or any part of such combined period, sub-ject to payment of the balance of principal and accumulated interest due and unpaid at the date of termination of the period of military service or from the date of application, as the case may be, in equal installments during such combined period at such rate of interest on the unpaid balance as is prescribed in such contract, or other in-strument evidencing the obligation, for installments paid when due. and subject to such other terms as may be just.

period of military service and, from the date of termination of such

period of military service or from the date of application if made after such service, for a period of time equal to the period of military service of the applicant, or any part of such period, subject to pay-ment of the balance of principal and accumulated interest due and unpaid at the date of termination of such period of military service or the date of application, as the case may be, in equal periodic in-stallments during such extended period at such rate of interest as may be prescribed for such obligation, liability, tax, or assessment, if paid when due, and subject to such other terms as may be just.

"(2) When any court has granted a stay as provided in this section no fine or penalty shall accrue during the period the terms and conditions of such stay are complied with by reason of failure to comply with the terms or conditions of the obligation, liability, tax. or assessment in respect of which such stay was granted."

American Bar Association Conducts

1943 Essay Contest

Announcement is made by the American Bar Association of a 1943 essay contest conducted by the association pursuant to the terms of a bequest by the late Judge Erskine M. Ross. The subject to be discussed is, "What Should Be the Function of the States in Our System of Gov-ernment?" Three thousand dollars is the amount of the prize and all essays must be submitted on or before March 16th, 1943.

The contest is open to all members of the American Bar Associa-tion in good standing except previous winners, members of the Board of Governors, officers and employees of the association. Essays must be prepared especially for this contest and be not previously published, and each author will be required to assign all his rights in the essay to the association. All essays are restricted to six thousand words, including quoted matter and citations in the text, but not including footnotes or notes following the essay, although excessive documentation in the notes may be penalized by the judges. According to the announcement by the association, "Clearness and brevity of expression and the absence of iteration or undue prolixity will be taken into favorable consideration."

Colorado Bar Members Profit from

Successful Convention

In one of its most important conventions, the Colorado Bar Associ-ation, at its forty-fifth annual convention held at Colorado Springs on September 18th and 19th, 1942, rounded out a program for war work for the association, urged the passage of small loan and other social legislation designed to ameliorate the condition of over-burdened debtors. deplored any lowering of the standards of legal education and admission to the bar, and outlined a broad program for the improvement of probate and trust statutes.

In two outstanding talks before the Association, George M. Morris. president of the American Bar Association, and Philip J. Wickser stressed the part the bar associations are now playing in the war effort and the part they must play in formulating the world after the peace treaties.

Mr. Morris, who was the principal speaker at the annual banquet of the association, set forth ten objectives of the national'and state bar associations, to which further ones are continually being added as the war needs demand. He stated that "one of the most cherished goals of the American Bar Association is the integration of a national war pro-gram on the part of the bar of the entire country. It is not enough merely to see that the divisional committees of the national association do their work effectively. A duty is owed to make the whole bar of maximum value to the nation. To accomplish this end by suggestion and not attempted direction obviously calls for both skill and good in-tent. We have the latter; we hope to develop the former.

"We must maintain so long as we are able those of our objectives which promote the administration of justice and advancing the science of jurisprudence," he declared. "We must hold to these objectives not only because we are lawyers but because we have accepted them as a trust passed on to us by those men of the law who have organized the pro-fessional associations of the members of the bar i~n whose service we are now meeting. While we wage this war with all our might, we shall hold fast, even faster, to those spiritual ideals * * * which give the American bar its soul."

TEN POINT PROGRAM URGED BY A. B. A. HEAD

282

this particular the activities of the Colorado Bar Association at Lowry Field, which work has been accepted as a model in the United States and Canada; (2) the attack upon legal problems arising in the field of civilian defense; (3) the collection of data for personnel officers respect-ing the services berespect-ing rendered or to be rendered by lawyers; (4) the promotion of methods to conserve the practices of lawyers serving in the armed forces; (5) the working out of methods to improve the admin-istration of justice so that manpower and time may be saved in the handling of all cases; (6) the insurance to the public that the Bill of Rights will be observed and preserved; (7) the studying of the problems which the war has raised in the field of international law with a view to the eventual development of a post-war program; (8) the mainte-nance of high standards of legal education and requirements for admis-sion to the bar; (9) the insistence upon public understanding of our history, our institutions, our way of life, the issues of the war, and our war objectives; (10) and finally, the development of an information program so that our people may reach their conclusions on the basis of what they know rather than on the basis of what they hear rumored.

Mr. Wickser, who delivered the annual address before the associa-tion, spoke of "War and Reality." He declared that a great call was being made upon the bar as a result of the war to "combine the elements of devoted leadership within its own ranks, to confer with educators and statesmen, to eschew political antagonisms, to develop ways and means to lead our people so that we may win the war and win the peace. And the call goes, likewise, to each American, to his heart and to his con-science."

founda-tion upon which the post-war world must be built and this world can attain stability and health only so long as it gains the support of en-lightened and educated public opinion. Therefore, it is to the lawyers within each nation that we must look in order that the post-war world may develop better techniques of arbitration, learn how to police the peace, and prevent groups or peoples, whether they call themselves na-tions or not, from over-living others, consciously and beyond their just deserts. If this means that new political concepts and conformations must gradually emerge, that forms of continental federations, or even "unions now" must be studied, we, who are the freest and least hide-bound of all peoples, must take the lead in their honest consideration.

PRESIDENT URGES LAWYERS TO GUARD CIVIL RIGHTS

In the annual president's address to the association, Wallis W. Platt of Alamosa, retiring president, after reviewing the work of the association during the past year, brought to the attention of the conven-tion the theme which was reiterated later by both Mr. Morris and Mr. Wickser.

"The United States," said Mr. Platt, "has prospered and grown great under a Constitution that was drafted by men who had the ability to delve into past history and to take advantage of its lessons, and who established a Constitution that .not only protected the human rights about which the theorists have prated so much in the past few years, but also protected property rights. If people are to be free, they must not only be protected in their rights to personal safety and their rights to follow their own inclinations so far as they do not conflict with the good of their fellow citizens, but they must also be protected in their right to work, to obtain their wages, to accumulate property and to enjoy it without being forced to yield it to arbitrary despots. It is peculiarly the province of the lawyers to remember these facts, to study history from time to time, and to remember that although we must surrender a part of our rights in times like the present, when peace comes the people should resume the rights guaranteed to us by our Constitution. Only if this is done can our country remain great and defend itself from enemies from without and from within."

CONVENTION ADOPTS IMPORTANT COMMITTEE RECOMMENDATIONS

The convention, immediately upon convening on Friday morning, listened to eighteen committee reports, all of which in some fashion or other touched upon the lawyers' part in the war effort.

active and of keeping the dues of members paid to date because of the requirements of the association- for income to carry on the work necessi-tated by the war.

Upon recommendation of the committee on legal education, headed by Stanley T. Walbank of Denver, the association adopted the following declaration of principles regarding legal education and requirements for admission to the bar, which principles have been previously accepted by the Legal Education Council of the American Bar Association:

"First, the scholastic prerequisites qualifying for the privilege of taking bar examinations should not be relaxed.

"Second, no rule should be adopted which permits an appli-cant to be admitted to the bar merely upon producing a law school degree and establishing moral fitness.

"Third, if in any case admission without examination is to be deemed justifiable, action to permit it may far better be granted an applicant when he returns from service rather than at the time he enters it, and no relaxation of the rule requiring a bar examina-tion should be promulgated in advance.

"Fourth, the standards to be met by examination given should not be lowered or relaxed; if seventy-five per cent has heretofore been the passing grade, it should be retained as the passing grade and no leniency should be exercised in marking the papers.

"Fifth, provisions for more frequent examinations or special examinations may properly be made, and thus most of the cases of hardship can be met.

"Sixth, the residence requirements may properly be shortened as to men called into service or whose call is imminent.

"Seventh, liberal interpretations of existing rules may fairly be made in justifiable cases of individual hardship, each case to be considered upon its own merits.

"Eighth, no blanket rules 'for the duration' should be adopted."

de-ficiency under a chattel mortgage except in cases where foreclosure is under court supervision. The assembly, however, did not adopt the suggestion made by this committee that the association endorse any federal legislation which would make a person leaving the jurisdiction of one state in order to avoid payment of alimony subject to federal law.

The committee on economic survey, headed by Mark H. Harrington of Denver, reported on the results of its survey and this survey will be printed in full and distributed to the members of the bar within a short time.

Similarly the activities of the bar association dealing with the war effort as reported by the committee on national defense, headed by John L. Zanoni of Denver, and the war work done in connection with other committees will likewise be reported in full in DICTA in a subsequent issue.

The second session of the convention opened Friday afternoon with the president's address. This talk was followed by a paper read by Berton T. Gobble of Denver, State Inheritance Tax Commissioner, on "The Problem of Multiple Inheritance Taxes on Intangible Property," (which was printed in full in the October issue of DICTA). The re-mainder of the session was devoted to talks by Dr. A. D. H. Kaplan, Regional Chief Economist of the Office of Price Administration, and by W. W. Grant of Denver. Dr. Kaplan outlined the place of price control in the war strategy and urged the lawyers to secure the active voluntary cooperation of their clients in complying with the emergency price control act. The theme of Mr. Grant's talk was the necessity of the various individuals within the state of partaking actively in the forms of government. He pointed out that many lamentable situations arose in government because of the indifference of the electorate, and stated that a democracy could be only as effective as the people desire to make it.

SECTION ON PROBATE, REAL ESTATE, AND TRUST LAW CREATED

286

H. L. Hinkley of Sterling, Benjamin A. Koperlik of Pueblo, Thompson Marsh of Denver, William A. Mason of Rifle. Harry Petersen of Pueblo,. and Ben A. Woodcock of Greeley. Any member of the association may join the section upon application and the payment of one dollar yearly dues.

At a meeting of the District Attorneys' Association, presided over by James T. Burke of Denver, president, Judge Stanley H. Johnson of Denver spoke on "Needed Changes in Criminal Law" and Captain Victor Miller of Lowry Field outlined a suggested procedure for coordi-nation between military and civilian authorities.

At a meeting of the water section the newly drafted water pro-cedure code was studied and discussed and certain provisions were sent back to its council for revision.

The junior bar section likewise met on Saturday morning and elected as its officers for the coming year Edward J. Ruff of Denver, presi-dent; Sydney E. Shuteran of Denver, vice-president, and Truman A. Stockton of Denver, secretary-treasurer. By authority of the Board of Governors the chairman of the junior bar section was made an ex-officio member of the Board of Governors during his term of office.

The final session for the association was held on Saturday after-noon and was opened by a report given by William E. Hutton of Denver on the proposed uniform code of evidence. Mr. Hutton urged that the association study this code and that at a later date the code be brought up for consideration by the association.

The remainder of the afternoon was spent in listening to a delight-fully entertaining program sponsored by the Boulder County Bar Associ-ation, based upon "Information Please." Its "guest expert" was Frank Fetzer of Denver and its "board of experts" were William 0. De Souchet of Longmont, Jacob Schey of Longmont, and S. Arthur Henry of Denver. Its master of ceremonies was Milton D. Green of Boulder and its announcer was Vergyl Reynolds of Boulder.

At the close of this session, Edward L. Wood of Denver became president of the association and John R. Clark of Glenwood Springs was selected as president-elect. The vice-presidents chosen by the as-sembly were A. Allen Brown of Delta, senior vice-president, and Arthur Laws of Denver, Frank Moorehead of Boulder and George Wilkes of Florence. Edward C. King of Boulder was reappointed as treasurer of the association, and Win. Hedges Robinson, Jr. of Denver as secretary.

graciously acted as host at a cocktail party on Saturday afternoon, which event was the high light of the entertainment provided for the con-vention.

The Friday noon luncheon was taken over by the Law Club of Denver, under the direction of J. Ramsay Harris, which presented an entertaining skit dealing with the "Super-Super Administrative Board." The Saturday luncheon, which was presided over by Mr. Ruff, pre-sented a satire on the master docket and methods of streamlining court procedure under new rules of procedure.

The final social event of the convention was the annual banquet, held on Saturday evening. During the course of the banquet the mem-bers and their wives had a song fest which was apparently enjoyed by everyone. The evening was terminated by Mr. Morris' talk and a short speech of acceptance of the duties of the presidency by Mr. Wood.

District Judges' Association

Elects Judge East

Judge John L. East of Trinidad was elected president of the Dis-trict Judges' Association at the annual meeting held at the Broadmoor Hotel on September 17, 1942. He succeeds Judge Stanley H. Johnson of Denver, who is one of the organizers of the association. Judge Floyd Miles of Denver was re-elected secretary.

DICTA

Locus in Quo

The case was one for divorce. The plaintiff husband had charged cruelty in general terms. We represented the defendant wife and moved for a bill of particulars which, as frequently happens in cases of this kind, we got with humiliating, not to say excruciating, details of the most intimate personal relationships between the parties to the case.

Judge Carlton M. Bliss, a bachelor of rotund outline and florid complexion, called the case for trial. Then as the two parties and their respective counsel sat at opposite tables, the judge proceeded to read the pleadings. By the time he had finished, his face was a deep red.

"Gentlemen," he fumbled, "I believe we'll try this case in chambers. Apparently that is where the cause of action arose." -- CARLE WHITEHEAD.

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