Nilles, H. G.

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UND Scholarly Commons (University of North Dakota)

North Dakota Law Review Volume 17 Number 6 Article 2 1940 New Logan-Walter Bill H. G. Nilles Follow this and additional works at: https://commons.und.edu/ndlr  Part of the Law Commons Recommended Citation Nilles, H. G. (1940) "New Logan-Walter Bill," North Dakota Law Review: Vol. 17 : No. 6 , Article 2. Available at: https://commons.und.edu/ndlr/vol17/iss6/2 This Note is brought to you for free and open access by the School of Law at UND Scholarly Commons. It has been accepted for inclusion in North Dakota Law Review by an authorized editor of UND Scholarly Commons. For more information, please contact und.commons@library.und.edu. BAR BRIEFSPUBLISHED MONTHLY AT DICKINSON-BY_STATE BAR ASSOCIATIONOF NORTH DAKOTAM. L. McBride, EditorEntered as Second Class Matter, Dec. 9, 1936, at the Postoffice atDickinson, North Dakota, Under the Act of August 24, 1912.VOL. 17. MAY, 1941. NO. 6.NEW LOGAN-WALTER BILLThe history of the struggle of the Logan-Walterbill, intended to govern by law federal officers andagencies, is told in the March and April, 1941, num-bers of the A.B.A. Journal. The House of Delegatesof the American Bar Association at its meeting onMarch 17th, 1941, adopted a statement of principles,and expressed the opinion that Senate Bill 674, intro-duced by Senator Hatch, best embodied such prin-ciples. Since then, Congressman Walter has intro-duced H. R. 4238 in the House, which is almost theidentical bill.Hearings have commenced in the Senate and willprobably continue for a month or six weeks. Num-erous federal agencies are attacking the bill and theyare, for the most part, insisting that their agencies beexempt therefrom. No one expects them to agree toany legislation which will in any considerable measureaffect their powers and jurisdiction.We must depend upon the lawyers in the respectivestates organizing and conducting such a campaign ofeducation with the State Medical Associations, StateAmerican Legions, farm groups, patriotic groups andothers, to support the Senators and Congressmen fromthe respective states in their fight for this legislation.The American people, of all classes and professions,made a magnificent fight in behalf of the Logan-Walter bill and we can make an even better one(Continued on Next Page)BAR BRIEFS(Continued from First Page)in behalf of the two bills I have mentioned, if the various stateorganizations and groups will inform themselves with respectthereto, and lend their active and vigorous assistance. Thepeople and not the politicians will save this country from totali-tarianism if it can be saved.I therefore urge that every lawyer write our Senators andCongressmen asking them to support this worthy legislation andthat you interest others to do the same.H. G. NILLES,President.NATIONAL CONFERENCE OF JUDICIAL COUNCILSWashington, D. C.-Impetus to the work of the National Con-ference of Judicial Councils was given at a luncheon here, heldin connection with the meeting of the American Law Institute, atwhich members of the conference heard reports on what Ameri-can lawyers are doing during the emergency and how their Eng-lish brethren are carrying on under war conditions.Sir Wilfred A. Greene, Master of the Rolls of England, andDr. Arthur L. Goodhart, professor of Jurisprudence at OxfordUniversity, gave off-the-record talks on conditions there. Otherspeakers were Jacob M. Lashly, president of the American BarAssociation; Solicitor General Francis Biddle; and Judge EdwardR. Finch, chairman of the conference. Arthur T. Vanderbilt,chairman of the conference Executive Committee, presided.In attendance at the luncheon were Attorney General Jack-son; justices of the United States Supreme Court; senior judgesof the federal circuit court of appeals from several districts;judges of the United States Court of Appeals of the District ofColumbia; chief justices of state supreme courts; law schooldeans, and others.VACATION OF JUDGMENTS - EXTRINSIC ANDINTRINSIC FRAUDThe principle that there has to be an end to litigation andthat when a party has had his day in court the judgment thusrendered shall be final was first enunciated in 1702 by the LordKeeper in the High Court of Chancery in the case of Tovey v.Young, 2 Vern. 437, S. C., 24 Eng. Rep. R. 93 (1702).In the vacating of judgments, fraud plays an important part.Generally, fraud justifying equntable relief against enforcementof the judgment must be extrinsic to the issues. Con't. Nat'lBank v. Holland Bank Co., 66 F. (2d) 823 (C.C.A. Mo. 1933). Theleading case of United States v. Throckmorten, 98 U. S. 61, 25L. ed. 93 (1878), held that fraudulent acts which will move a courtof equity to set aside or annul a judgment or decree relate tofrauds which are extrinsic to matters tried by the first court.

New Logan-Walter Bill

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New Logan-Walter Bill

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