North Dakota Law Review

Wenzel, R E

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UND Scholarly Commons (University of North Dakota)

North Dakota Law Review Volume 6 Number 9 Article 8 1929 Bar Association Appointments/Notice R E. Wenzel North Dakota Law Review Follow this and additional works at: https://commons.und.edu/ndlr Recommended Citation Wenzel, R E. and North Dakota Law Review (1929) "Bar Association Appointments/Notice," North Dakota Law Review: Vol. 6 : No. 9 , Article 8. Available at: https://commons.und.edu/ndlr/vol6/iss9/8 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 BRIEFSon this proposition: 'The air space which is now used, orwhich in the future may be used, in the development of theunderlying land is the private property of the land owner towhich he is entitled to the exclusive use and control'."In that case it appeared from the evidence that planes taking offand landing from the defendant's air field passed over plaintiff's prop-erty between the heights of ioo and iooo feet and it was claimed bythe plaintiff that this was a trespass and also a nuisance and should beenjoyed by a court of equity upon those grounds.The court, however, held that the regulation by the Secretary ofCommerce under the United States Air Commerce Act of 1926 andthe provision of the statute of the State of Massachusetts fixing 500feet as a minimum altitude of flight by aircraft and allowing a freeflight above that altitude to be a proper regulation both by Congressunder the interstate commerce clause and by the state -legislature ofMassachusetts under the police power, and that such acts were not un-constitutional as depriving the owner of the land, of his propertywithout due process of law either under the federal or state constitu-tion.The court further held that the flight of airplanes at lower alti-tude in order to reach or take off from the airport necessitating flightover the land of an adjoining property owner at altitudes of less than500 feet and as low as ioo feet was a trespass upon the premises ofthe owner of such adjoining land but under the evidence in the caseheld not to be such a trespass as to warrant injunctional relief.In view of the fact that there will be no further meeting of thisAssociation until after the next session of our Legislature, your Com-mittee recommends that this subject be given due consideration by ourLegislative Committee before the convening of the legislative sessionnext winter, and that after such study and investigation as they maydeem proper, that such Committee prepare a North Dakota Air Com-merce Act and submit same to the Executive Committee of this Asso-ciation; and that in case same shall be approved by the Executive Com-mittee, that such proposed Act be submitted to the next legislativeassembly for passage.Respectfully submitted,JOHN 0. HANCHrTT, Chairman.BAR ASSOCIATION APPOINTMENTSThe annual meeting of the Association will have for its considerationthe following matters of appointment:First, Selection of three members of the Bar for recommendationto the Supreme Court as candidates for appointment to the Bar Board,the term of John Knauf, of Jamestown, expiring in January, 1931.Secondly, Selection of five members of the Bar to represent theAssociation on the Judicial Council, the terms of all present membersexpiring in January, 1931.The Executive Committee desires to direct attention to the factthat no provision is made in the Association's Constitution or By-Lawsfor the method of selecting those to be presented to the consideration ofthe Supreme Court for the Bar Board appointment. Several methodshave been employed in the past. One was the general referendumBAR BRIEFSmethod of nomination and the selection of the three receiving the largestnumber of votes. In such cases the choice represented only a smallminority of the members of the Bar. The second method was thepreparation of a ballot by the Executive Committee, the ballot containingdouble the number of names to be presented to the Court. This resultedin a more expressive vote, but, usually, with some of the names carryinga small minority vote. The third method, used only once in an emergency,was the direct selection of the names by the Executive Committee.It is clear that, if the present method of selecting those to be recom-mended to the Supreme Court is to continue, definite provision shouldbe made in the Constitution and By-Laws for the method of selection.Chapter 124 of the 1927 Session Laws provides the method forselecting the Bar Association representatives on the Judicial Council.Section i of that Chapter states, "five members of the Bar who areengaged in the practice of law, who shall be chosen by the ExecutiveCommittee of the State Bar Association."The selection of members of the Judicial Council will, therefore,rest upon the Executive Committee to be formed following the 1930annual meeting.FINANCIAL STATEMENTReceiptsBalance on hand date of last report ........................... $1,o96.51Received from Bar Board, balance 1929 fees ----------- 150.00Received from Bar Board, 1930 fees, 529 .................. 2,645.00Received from Banquet Committee, 1929 --------------- 155.00Total ------------------------------------------------------------ $4,046.51Expenditures1929 Annual Meeting Expense .................................. $193o Annual Meeting Expense (to date) ..................1929 Banquet ................................................................Printing and Postage ...................................................M iscellaneous ...............................................................North Dakota Law Review, balance 1929 and one-half 1930 ----------------------------------------------------------------Annual Proceedings 1929 (December Bar Briefs) ....Citizenship Committee, Prizes (1929) ........................Citizenship Committee, Expense (1929) ....................Secretary-Treasurer ....................................................Bar Briefs ------------------------------------------------------------------Executive Committee ...................................................President ....................................................................362.7625.00155.7077.17192.41200.00392.30200.0027.54710.00311.50159.31215.79T otal ................................................................ $3,029.48Balance on hand ............................................ $1,017.03R. E. WENZEL,Secretary-Treasurer.NOTICECopies of the July and August issues of Bar Briefs, carrying theprinted reports of committees, will be available at the Devils Lakemeeting.

Bar Association Appointments/Notice

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Bar Association Appointments/Notice

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