Evaluation of Prepackaged Kits

Prepackaged laboratory kits for performing diagnostic procedures are frequently the most suitable alternative in the selection of laboratory methods, especially in the physicians\u27 offices and small laboratories. Because of the previous lack of governmental regulations covering the manufacture of kits, many kits now on the market do not perform adequately and may produce misleading results. Each laboratory must evaluate each type of kit before it is put into routine use. This evaluation should include a review of published experimental data, comparison of results using the kit to results using a reference method and an experimental evaluation of the kit in the laboratory in which it is to be used

TAXATION - JURISDICTION TO TAX THE EQUITABLE INTEREST OF A TRUST BENEFICIARY

Pennsylvania levied a property tax on a resident beneficiary\u27s equitable interest in a New York trust. The settlor of the trust, a New York resident, had created the trust there and both the trustee and the stocks and bonds comprising the corpus were in that state. The beneficiary had no control over the disposition or management of the corpus and was entitled merely to the income of the trust for her life. The Pennsylvania Supreme Court upheld the tax. On appeal to the United States Supreme Court, held, in a per curiam decision without opinion, that the state court\u27s decision should be affirmed. Stewart v. Pennsylvania, (U. S. 1941) 61 S. Ct. 445, affirming Commonwealth v. Stewart, 338 Pa. 9, 12 A. (2d) 444 (1940)

TAXATION - TAX DELINQUENT LANDS - THE MICHIGAN LAND BOARD ACT AS A SOLUTION TO THE DELINQUENCY PROBLEM

Nearly all states have been faced with the increasingly difficult problem of what to do with the growing volume of tax delinquent land which has been thrown upon their hands. As a typical example of the financial aspects of this problem, Michigan in 1928 had over $25,000,000 worth of delinquent taxes on 8,757,000 acres of property. In 1932 this acreage was estimated at 15,660,000. By 1937 the unpaid taxes in some of Michigan\u27s counties exceeded five times the assessed value of the delinquent properties. Much of the property could not be sold for the amount of taxes owed, and the increase in the number of delinquencies meant a corresponding decrease in the property producing tax returns. The more unpaid taxes accumulated on any particular parcel, the more difficult it became to sell that property for back taxes. Finally the legislature in 1937 adopted the State Land Board Act, a unique statutory plan for administering tax delinquent property and hastening its return to private ownership. In 1939 over 600,000 parcels of land became the state\u27s in fee simple absolute and the act commenced to function. This comment will discuss (1) the mechanics of the act\u27s operation; (2) the constitutional issues involved; (3) the legal problems presented; and (4) the probable effectiveness of the act

Toughened uni-piece fibrous insulation

A porous body of fibrous, low density silica-based insulation material is at least in part impregnated with a reactive boron oxide containing borosilicate glass frit, a silicon tetraboride fluxing agent and a molybdenum silicide emittance agent. The glass frit, fluxing agent and emittance agent are separately milled to reduce their particle size, then mixed together to produce a slurry in ethanol. The slurry is then applied to the insulation material and sintered to produce the porous body

ADMINISTRATIVE LAW - PRESIDENT\u27S POWER TO REMOVE

Plaintiff had been appointed to the board of directors of the Tennessee Valley Authority by the President with the advice and consent of the Senate. The statute creating this public corporation gives the President power to remove any director who appoints or promotes lower officials on the basis of anything other than merit. Congress is authorized to remove a member of the board by a concurrent resolution of the two houses. Plaintiff was summarily removed by the President and sued to recover his salary for the whole of the prescribed nine-year term of office. Held, that the plaintiff, having duties predominantly executive, could be removed by the President without cause. Morgan v. Tennessee Valley Authority, (C. C. A. 6th, 1940) 115 F. (2d) 990, cert. denied (U.S. 1941) 61 S. Ct. 806

ADMINISTRATIVE LAW - NATIONAL LABOR RELATIONS BOARD - PERMISSIBLE SCOPE OF CEASE AND DESIST ORDERS

The National Labor Relations Board found that the Express Publishing Company had refused to bargain collectively. Thereupon the board issued an order requiring the company: (1) to cease and desist refusing to bargain collectively; and (2) to cease and desist in any manner interfering with, restraining, or coercing its employees in the exercise of their rights to self-organization, to form, join, or assist labor organizations of their own choosing, and to engage in concerted activities for the purposes of collective bargaining or other mutual aid and protection as guaranteed in section 7 of the National Labor Relations Act. The circuit court of appeals refused to enforce the latter part of the order, and on writ of certiorari to the United States Supreme Court, held that only the portion of the board\u27s order directing the company to bargain collectively could be enforced. National Labor Relations Board v. Express Publishing Co., (U.S. 1941) 61 S. Ct. 693, modifying (C. C. A. 5th, 1940) 111 F. (2d) 588

LABOR LAW - BACK PAY - REQUIREMENT OF DEDUCTION FOR REIMBURSEMENT OF GOVERNMENTAL RELIEF AGENCIES

Having found that the petitioner, by discharging employees for union activities, had engaged in an unfair labor practice, the National Labor Relations Board ordered the employees\u27 reinstatement with back pay, less monies received during the period of discharge for work performed upon federal, state, county, municipal or other work-relief projects, and the payment of this amount received to the appropriate fiscal agencies of the government or governments which. supplied the funds for the work-relief projects. The Circuit Court of Appeals for the Third Circuit directed enforcement of the board\u27s order. On petition for a writ of certiorari to that court, held that the board\u27s order should be enforced with the reimbursement provisions eliminated. Justices Black and Douglas dissented. Republic Steel Corporation v. National Labor Relations Board, (U. S. 1940) 9 U. S. LAW WEEK 4019, modifying (C. C. A. 3d, 1939) 107 F. (2d) 472

TRUST MORTGAGES - EFFECT OF FORECLOSURE OF SUBSEQUENT MORTGAGE AS PRIOR LIEN UNDER SUBORDINATION AGREEMENT OF WHICH BONDHOLDERS HAD NO KNOWLEDGE

Plaintiff held bonds secured by a trust mortgage. The trustee, Moore, without the consent of all the bondholders, had agreed to subordinate the trust mortgage to a subsequent mortgage. Defendant, the assignee of the subsequent mortgagee, foreclosed its mortgage as a prior lien. Moore was properly served but did not appear, as no bondholder agreed to pay the costs of the litigation. In the present suit to invalidate the subordinating agreement and reinstate the trust mortgage as the prior lien, held, the judgment in the foreclosure action determined the issue of priority and was conclusive against all the bondholders. King v. Franmor Equity Corp., 260 App. Div. 303, 20 N. Y. S. (2d) 909 (1940)

LABOR LAW - UNINCORPORATED UNIONS AS ENTITIES FOR THE PURPOSE OF BEING MADE PARTIES DEFENDANT

Union officials wrongfully discharged plaintiffs from the union. Plaintiffs, being unable to procure employment in a closed-shop trade, asked for a writ of mandamus to direct defendants, as representatives of the association, to reinstate plaintiffs and recompense them for damages suffered. Held, that a reinstatement order and a damage judgment against the union should be granted. Nissen v. International Brotherhood of Teamsters, etc., (Iowa, 1941) 295 N. W. 858

LABOR LAW - NATIONAL LABOR RELATIONS ACT - NECESSITY OF A WRITTEN CONTRACT TO MEET REQUIREMENT OF GOOD FAITH COLLECTIVE BARGAINING

Having found that the petitioner, by refusing to sign an agreement reached with the union, was refusing to bargain collectively, the National Labor Relations Board ordered it to bargain by signing a written agreement. The Circuit Court of Appeals for the Sixth Circuit directed enforcement of the board\u27s order. On certiorari to that court, held that the board\u27s order should be enforced. H.J. Heinz Co. v. National Labor Relations Board, (U. S. 1941) 61 S. Ct. 320, affirming (C. C. A. 6th, 1940) 110 F. (2d) 843