Loyola Digest Law School Publications

5-1960

Loyola Digest Loyola Digest

Loyola Law School Los Angeles

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I

Vol. I '- No.4 May, 1960LOYOLA UNIVERSITY SCHOOL OF LAW

Fiore Succeeds HartleyAs Student Bar President

Collins, Ambrose, MountainFill Other Bar Posts

Third year night student Owen Fiore edged out John Collins,second year day student, for the office of President of the LoyolaBoard of Bar Governors during the recent student body electionshel~ on Wednesday evening, :April 27, 1960.. FlOre, who SUcceeds graduating senior Les Hartley, was formallyInstalled as Student Bar Presidentduring Law Day ceremonies heldat Loyola on Monday, May 2, 1960.

CommendationUpon assuming office, Fiore

commended outgoing president,Len Hartley, and the student barof.ficel's for initiating the LoyolaDfgest and the Mock Trial thisyear.

Jo~n Collins, newly elected Vice'Presldent of the American LawStudents Association, was chosen,to ~eplace graduating senior DickSmith as Student Bar Vice Presi-c~ent. Running against Collins was 'first year student Herb Forer..John Bambrick, editor of the

DIgest, Who chose not to run forre-election, was succeeded to thepost of Treasurer by third yearmght student, Jim Mountain. 'Elected Secretary, Bob Ambrose

s,:!cceeds Larry Crispo, fourth yearmght student.

Others serving on the Board ofGovernors as elected membersa~e Jack O'Rourke, Art Tantar-dtno, Herb Forer, Dick Kolostian,D~rrel1 Moore, Jim Parker, andBill Rylaarsdam.

I JOHN COLLINS ELECTEDTO NATIO:NAL ALSA ,POST

Ninth Circuit Vice PresidencyLoyola second year student John

Collins was recently elected NinthCircuit Vice President of the Amer-lean Law Students Association atthe Circuit's election conclave heldat the University of San Franciscoin April.

of this year, and will continue inoff ice throughout the academicyear of 1960-61. He succeeds AlRoensch, of University of SanFrancisco.

As Ninth Circuit Vice Presi-dent, Collins rep res e n t s ac-credited law schools in Cali-fornia, Arizona and Nevada.Some of the schools wi thin th J

ninth circuit are Loyola, USF.Santa Clara, USC. UCLA, Stan-ford, Hastings and University ofArizona.

Voting ex officio members of thebar are John Bambrick, as LoyolaDigest editor, and Tom Viola, asMoot Court chairman. Non-votingmembers are Lou Caton, Phi AlphaDelta Justice, and the Magister ofPhi Delta Phi.

EDITORIAL

Notes And 'Commentsla~he ~uestionhas been asked, should there be an editorial in af sc 001 newspaper? Sorne argue that there is no good reasonor outSPoken edit . 1 th •sch 1 1 ona s, at it is not -the prerogative 'Of a lawto c~~t·~ewspaper to voice its opinions on controversial subjects, orwith l~~~e, regardless of whether or not the subjects are concerned

.--------------------------Speak actor, he should withdraw from

I ~aintain that an editor should tJ:.e bar. Television and the mo~ion~peab when he feels that there picture camera have no place In a, as . ee~ or will be a miscarriage courtroom.of. J_ustlCe-regardless of public It will be interesting to noteOpimon, Or Possible antipathy. whether or not the Bar will with-Apathy has no place in law in stand pressure or whether Canon

shchOOl,or in a newspaper. I h~pe 35 will become a thing of the past.t ~t futUre editors of the Digest Wisheswin be of the same thought. I offer my best wishes to the

Ethics new Digest editor, John Bambrick.It is interesting to note that He has proved himself capable,

segments of the Bar have started energetic and sincere in his desireto enforce some sections of the to perpetuate the school news-Code of ethics that have too long paper. I thank all who have as-r~mained dormant. If a man de-' ~isted me in Publishin? the firstsues to run for political office he issues, .and those alumni who gaveshould reSign from the Bench. If I a helping hand.an attorney wishes to become an ~By Ed Masry

Twelve Circuits

Composed of 12 circuits, theAmerican Law Students Associa-tion includes affiliated studentbar associations in 128 of thenation's 130 approved law schools .As an official representative ofAmerican law schools, the ALSAprovides numerous services to stu-dents and school associations.

Graduating in 1958, the newALSA vice president is an alumnus

Collins, who is also a newly of the University of Santa Clara.elected m e m b e r of the Loyola Collins is married to the formerStudent Bar Association, will re- Linda Stone, of Los Angeles, andsume his official duties in June has one child.

Lions' Moot Court TearnSet For Mee,t In Fall

Vies Against USC-UCLA WinnerL~'yola's Moot Court team, con-

slating .of Charles Cooper and JohnGallagher of the second year dayclass and James McCarthy of thethird year night class, has com-pleted its brief for state mootcourt competition. And accordingto John Gallagher, the team willstart preparing for the oral com-petition, which will be held inSeptember at the State Bar Con-vention.

USC, UCLA and Loyola areentering teams in the competi-tion. USC and UCLA will argueMay 13, and Loyola will meetthe winning team in September.

Accident CommissionIIcase being argued in thisye<~tl competition involves the

validity of an Automobile AccidentCommission which shall have ex-clusive jurisdiction to compensatefor personal injuries arising out ofthe use of a motor vehicle on thepublic streets and highway of thisstate.

A commission such as this hasbeen suggested, and is present-ly being considered, as a meansof reducing the congestion inthe courts of this state. and maybe a reality within the next fewyears.

Thus, the question is of con-siderable interest to lawyers en-gaging in personal injury trialwork and to law students who ex-pect to enter this field. -

Page Two LOYOLA DIGEST

LIBRARIAN'S CORNER

May, 1960

LAW REVIEW

California Civil Rights Act Shift In Econom'ic PowerBy les J. Hartley

One of the 2195 statutory changes enacted by the state legislaturein 1959 is the Unruh Civil Rights Act. The basic purpose of this statuteis to extend the scope of protection afforded the individual againstdiscrimination by other individuals. The underlying motivationderives from the concept that the Fourteenth Amendment to the U. S.Constitution prohibits discrimination by the states but not privateindividuals, U.S. vs. Cruishank, 95 U.S. 542.Consequently, Civil Code section 51 has been amended to provide

that "All citizens within the [urisdiction of this state are free andequal, and no matter what their race, color, religion, ancestry, ornational origin are entitled to the full and equal accommodations,advantages, facilities, privileges or services in all business estab-lishments of any kind whatsoever. This section shall not be construedas to confer any right or privilege on a citizen which is conditioned "Public Functions"or limited by law or which is applicable to citizens of every race, One point of view describedcolor, religion, ancestry or national origin." calls for a rethinking of the basicThe Unruh Civil Rights Act also amended section 52 of the Civil premises of our Constitution. This

Code to provide that "Whosoever denies, or aids or incites such denial, approach does not confine itself toor whoever makes any discrimination, distinction, or restriction on business corporations but wouldaccount of race, color, religion, ancestry, or national origin contrary include any non-governmental as:to the provisions of section 51 of this code, is liable for each and scciation or institution that hasevery offense for the actual damages and $250.00 in addition thereto. ~)ower in fact over individuals. Bysuffered by any person denied the rights provided in section 51 of virtue of this power, it argues, 01'-this code." ganizations may be said to conductThis statute raises several significant legal questions, apart from "public functions" similar to those

its social, economic, and political import. of state and federal governments.Who is' entitled to obtain the available relief? Under the former Hence, the Fifth and Fourteenth

version, the predecessor of which dates back to 1897, both C.C. 51 and Amendments would prevent the52 referred to "citizens within the jurisdiction of this state." This former, as well as the latter, fromlanguage has been construed to apply to residents of California taking property without compen-whether U.S. citizens or not, Proud v. Gore, 52 C.A. 458. ' sation or denying due process ofT~e cur:ent version of C.C. 51, in establishing the basic policy, law. On this view, the same legal

retains this phraseology. C.C. 52, however, in creating liability, net would cover both private eco-refers to "damages suffered by any person." nomic power and public politicalWhile there are no cases defining "person," within the meaning of power.

C.C. 52 as amended, the generally accepted definition applies to any The virtues' or this theory areindividuals, including non-residents, and to corporations, whether twofold: it faces up to the factsforeign or domestic, as well as residents. Consequently, there is a of economic life and affords aproblem of statutory interpretation as to whether or not the statute measure of protection to individ-will be enforced on behalf of an individual who is not a resident of uals. To be blacklisted by theCalifornia. corporate community or coerced byWhere is the discrimination to be prohibited? Under the former' arbitrary union action would seem

version, protection against discrimination by private individuals ==============================='extended only to "inns, restaurants, hotels, eating houses, placeswhere ice cream or soft drinks of any kind are sold for consumptionon the premises, barber shops, bath houses, theaters, skating rinks,public conveyances and all other places of a public accommodationor amusement." Although this section was to be liberally construed,Lambert v. Mandel's of Calif., 156 C.A. 2d. Supp. 855, such "publicplaces" did not include cemeteries, 130 C.A. 2d. 328, private profes-sional schools, 169 C.A. 2d. Supp. 887, and dentist's offices, 147 C.A.2d. Supp. 833.The Unruh Civil Rights Act changes the Iocation of the prohibition

against private discrimination to "all business establishments of anykind whatsoever." Consequently, this language creates certain prob-lems 'Of deflnition. Whether or not institutions are operated in abusiness-like manner, but not for profit, so-called "privataImprove-ment clubs," and the practice of various arts and professions are"businesses," within the meaning of C.C. 51, are questions to bedecided on a case by case basis.Also, whether or not vendors of goods 'and services whose business

does not require a permanent location mayor may not be an"establishment."Can the regulation be imposed upon businesses engaged in inter-

state commerce? While the greater number of cases involving dis-crimination in connection with inter-state commerce have concernedsegregation statutes, the U.S. Supreme Court has sustained theva}i~i.ty_of the Michtgan Civil Rights statute which prohibited dis-crirnination on public conveyances, when applied to an excursionboat crossing the U.S.-Canadian border. The reasoning of the courtwas that the state could regulate foreign or inter-state commercewhich was local in scope, Bob-Lo Excursion v. Michigan, 333 U.S. 28. 'With respect to the Unruh Act, it would necessitate a significantly

serious impairment of foreign or inter-state commerce which is of a"favorable" nature, to outweigh the state's motive in prohibition ofdiscrimination. 'If the statute protects California residents only, would a refusal

By Myron FinkIn the last issue we touched on certain revolutionary changes

in our industrial property system: the appearance of a vast aggre-gate of passive claimholdersand the rise of institutions holdinglarge and ever growing blocks of stock. These facts portend a shiftin economic power which may be expected, to register on legal, aswell as political, barometers. There • . .will be pressure on our American to many to be a depr.lvatlOn oflegal system to correct any im- property and a loss of Iiberty. Forbalance. In a recent address (15 others, it raises the specter of Pan-Business Lawyer 251) A. A. Berle dora's Box. They would insist thathas adumbrated the nature of it remain closed until other linessome of these demands. of legal protection less redical are

fully explored.Not Academic

The issue is not wholly aca-demic. In 1946, the Supreme Court(326 U. S. 501) decided that a cor-porate operator of a private towncould be held to the same consti-tutional limits that apply to thegovernment of a public town. An-alogizing from privately ownedbridges, ferries, turnpikes and rail-roads, the reasoning of the ma-jority decision was based on the"public function" theory. As to thecommunity at large, Berle haspointed out that corporate units,are expected to supply the marketat "acceptable" prices and main-tain reasonably continuous em-ployment at "acceptable" wages.Both courts and legislatures aresensitive to these and other com-munity felt needs.One prediction seems safe. There

will be more, not less, organizedeconomic power in the future. Theindividual will, correspondingly,need greater protection againstthis power.

to protect non-residents violate the equal protection clause? Sincethe equal protection clause of the Fourteenth Amendment to theFederal Constitution only prohibits discrimination on the 'part of thestate, the only protection available against private discrimination isthat afforded by the state statute.If the .Unru.h Civil Rights Act only applies to California residents,

then Cah~0.rllla must show that this classification is neither arbitrarynor capricious and reasonably related to a legitimate legislativepurpose, and that the classification is based on some real and sub-stantially distinctive characteristic, logically related to an evil to beremedied, Quaker City Cab Co. v. Penn., 277 U.S. 389.Is the objective of the statute basically fair and reasonable within

the concept of substantive diue process, as established by the' Four-teenth Amendment? While the individual desires freedom of accessto public places and other business establishments, without regardto race, color, or religion, the businessman desires freedom of choicein the selection of his customer, patron, and clientele. Both thesefreedoms are claimed as rights and must necessarily be considered.The U.S. Supreme Court, in upholding the validity of C.C.53-54,

which prohibited racial and reltgious discrimination in connectionwith admission to places of public amusement, stated that thestatute was "just," Greenberg v. Western Turf Assn .. 204 U.S. 359.

Since the Unruh Civil Rights Act repeals C.C. 53-54 and changes thescope of protection from "public places" to "business establishments"the only remaining problem is whether or not the doctrine shouldbe extended. One of the distinguishing factors is that many "busi-ness" situations include not only the relationship of buyer andseller of goods and services, but also encompass the possibility ofpersonal services, instructor-pupil relationship, and the confidentialrelationships of several professions.

In the last analysis, it is quite likely that the Unruh Civil RightsAct; as mos.t other aspects in the area of civil liberties, will provide. abaSIS for VIgorous and controversial litigation.. '

LOYOLA DIGEST Page Three

Blackstone"s CommentariesJ 1:1hestruggle for existence goes on apace and whether it's forsecurityia] the social level or for preeminence at the profes-sional summit, it's, after all is S:aid and done, the "survival ofthe fittest." Just now the interior of the Grand Avenue Maisonis experiencing a tremendous output of energy,-not only fromthe kilowatt hours burning deep into the night but from theconcentrated efforts of' eager youth slavishly following theformula that leads to the mystic legal-know-how, whereby thefragments gathered during the year, can be assembled into therecognizable likeness or the reasonable man.This is no new adventure in the acquisition of knowledge but

a proven operation with results guaranteed In law as inlearning, short-cuts lead only to mediocrity It's no problemto confirm this theory by examples ... There's BALDO KRIS-TaVICH '38, lead-off man on the Aggeler Plaque and a trustedpublic servant of competence and distinction for over twentyyears ... Just appointed Public Administrator by the Board ofSupervisors,-quite in line with his Aggeler Award,-"for supe-rior scholarship and noteworthy achievement." ... Another whofollowed the formula to successful completion was the AggelerScholar of 1943, GEORGE ELMENDORF, who carved an honoredniche in the upper levels at 433 South Spring ... George wasone of the old guard at the University Club dinner meeting'of the Law Alumni recently ... ' The word is out that a swanksoiree is planned to .honor the Supreme Court when it assembleshere for its June sitting ... This ought to bring out the boyswith. the Wilshire Country Club the rendezvous and libationspoured out on the altar of friendship ... LANDON MORRIS'29, current President of the Law Alumni, is burning the candleat both ends,-one way to make ends meet,- between keeping;h!s clients happy and conceiving new concepts to present tohIS Board of Governors . . . And are they responding to thecall ... This dcpresston graduate got the full treatment atLoyola, -from High School through Law- with a table d'hotediet all the way ... He accepted the formula, followed theprescription, and was undismayed in facing the lean years ofTwenty-Nine in the habiliments of a Bache-lor of Laws ... Itwas Spartan training then and the survivors of the systemthrew down the gauntlet to the chaUenge of the empty briefcase and the devaluated dollar ... News trickled in recentlyfrom HAROL.D ABBOTT '53, who took off for his old habitat inS~sanville, Lassen County, as soon as the ink was dry on hisdIploma ... He performed valiantly in serving his nativeCOunty professionally and achieved a record of splendid per-formance His practice was a carbon copy of his work inLaw School Rumor has it !that he may come this way and~ak~ the local community the beneficiary of his rich experience. ~n.hIS home county ... Spreading the wealth is a noble pract:ce, ~f.It'S the coin of the realm, honestly acquired and equitably dIS-tnbuted ... TOM BAGGOT, HODGE DOLLE, JERROLD FADEMare only a few of those who are doing just this in the programof Continuing Education of the Bar _ .. Having learned by doingthe intricacies of Eminent Domain at the expense of Caesar;they are in a position to protect the citizenry against the en-c:o.ach~ent of the Sovereign. An accolade to them for par-tlclpatmg in the program of enlightenment ... TOM SMI~H, m,after. doing his stint for three years in the D. A.'s office inSan Bernardino, is now in private practice in the same area..: . MYRON GARON, not content with being engaged in full-tlI~e practics, is doing a fine squeeze job as President of theWIlshIre Bar ASSJociation ... The Wilshire beat includes every-body on and off Wilshire from Figueroa to Beverly Hills. _.'~not~er Loyolan, who doesn't let his practice take up all hIStIme IS W. "MONTY" JONES, recently inducted as President ofthe Glendale Bar ASsociation.

PRINTED COURTESY OF

LEGAL ADVERTISIN·G

139 N_ Broadway - Phone MAdison 8-4384 _ Los Angeles 12

Bambrick Appointed EditorOf Law School NewspaperSucceeds Masry and will be read again next

semester.

Former Editor

The second Digest editor, Bam-brick was formerly editor-in-chief

Newly appointed editor of theLoyola Digest is second year stu-dent John Bam b ric k, it wasannounced last week. Succeedinggraduating senior Ed Masry, Bam-brick assumed the school's "Fourthestate" helm with today's issue.Bambrick assisted outgoing edi-

tor Ed Masry and first year nightstudent Larry Avers in organizingthe Digest, and saw it through thefirst three issues.

Policy

Commenting on the news-paper's policy for the upcomingyear, Bambrick said, "We planto concentrate on the law reoview column and the featurepage. Reviews such as SkipP ran t e's commentary of theKoenigsberg appeal, Norm Han-over's 'Defaulting Vendees' andOwen Fiore's d i 1> C U S s ion ofmorality in the movie industry,have met with much favorablecomment from the students andfriends of the law school!'Continuing, Bambrick said the JOHN BAMBRICK

~i:~st c~i~~n to t~P~~:1a e~~t:i:l~: Iof the weekly Loyolan, the Loyolaa~d wider n~ws coverage. Black- University student newspaper, instone's Commentaries and the Li- 1953_brarian's Corner, both regularly Associate editors are Larry Averscontributed, have been popular and Mary Flanagan.

ANNUAL REPORT.

President's MessageBy les Hartley

President, Board of Bar Governors

An essential right of corporate shareholders is to receive an_ an-nual report of the year's affairs; so, too, is the student body entitledto be informed as to the accomplishments and prospects of theBoard of Bar Governors.

AchievementsThis year's most significant achievements have been the ex-

pansion of the Orientation Pro-· In this regard the greatestgram in supplementing th~ annu~l single objective is'the realizationSmok~r WIth semmars y ou - of a program which will achievesta~d~ngt~tudt~~tyS~fl~~""'.i~es~~:recognition of each individual stu-cee m e s '_. dent as a potential member of thetablishment of the. Loyola Digest; legal profession and accordinglyan.d the inauguratton of the Mock enable him to become a capableTnal. . and constructive member of the

Consequently, I would Iike to legal community.express my appreciation to the Leadershipoutgoing Board of Bar Governors, I Thusly problems of student gov-and especially to the Committ~e ernment' concern each of us, be-Chairmen and Officers, for theIr cause, in a democracy, everyone,meritorious efforts. regardless of his interests, "holds

Activities office"; everyone is in a positionIf the Bar Association is to ful- of responsibility, and in the last

full its purpose, it must continue analysis, the kind of governmentto develop activities capable of we get depends on how we ful-furthering the interests of the stu- full these responsibilities. We, thedents and the Law School. If this in d i v i d u a I members, are theis the case, your newly elected "boss", and we get the kind ofofficers must provide sound and student leadership that we dc-courageous leadership. mand and deserve.

LOYOLA DIGEST

PICTURED above from left to right are seniors Owen Fiore, Norm Hanover, Edward Masry,Skip Prante and Les Hartley. All five students were presented awards for their work on theLoyola Digest.

Hanover Wins :Digest'sBest Writer's Award

1137 South Grand Ave.

Los Angeles 15, Calif.

FORM 3547 REQUESTED

Magana SpeaksAt PAD BanquetOn April 9 Fond Chapter installed

the newly elected officers at aninstallation dinner-dance held atthe Knickerbocker Hotel in Holly-wood. Attorney Raoul Magana whowas the featured speaker of theevening, was ably introduced byProfessor F. Tevis. Outgoing JusticeEd Masry presented Owen GFiore with the Ford Chapter an-nual outstanding active award.

Norm Hanover, graduating sen- , ture cases, and Les Hartley, whoseior, took top honors last month, i article "California Civil Rightswinning the Loyola Diqeat's Best Act," may be seen on page 2 ofWriter Award, for his law review this issue.article, "Equitable Relief From De-faulting Vendees." The contest and Iaward, initiated this year, willcontinue annually. Hanover's ar-ticle - appeared in the March issue.The contest was conducted by

Loyola Law School professors J.Rex Dibble, A. Marburg Yerkes,and Myron Fink.

FinalistsFinalists in the contest we:e

seniors Skip Prante, who wrote"Comedy of Error," a review of theKoenigsberg appeal; Owen Fiore,writing "What's Free About Im-morality," a review of motion pic-

ContestcntsStudents who wish to enter

the law review contest nextsemester should inform the Di-gest either by letter addressedto the editor or by leaving a notewith the administrative officeany time before examinations orduring Summer school.Topics must be assigned. Un-

solicited manuscripts will not beacknowledged. Only students withaverages above 75 will be eligible.Two students will be selected

this summer to prepare manu-scripts for the fall issue.

Three dollars a day is notEnough to pay jurors, says Presid-ing Justice Bernard Botein of NewYork City. It makes lower-incomejurors "live in dread of beingcalled for jury duty." An increaseto $7 is under consideration, butJustice Botsln says it should be$11.

May, 1960

Fifty New PADsFord Chapter, Phi Alpha Delta

on March 25 initiated the new ac-tives including new initiate ofFord Chapter, Professor A. Mar-burg Yerkes.The initiation was conducted at

the Hall of Justice. Immediatelyfollowing the initiation a dinnerwas held at the Redwood Room.Professor Yerkes s p 0 k e on themeaning of a law fraternity andlegal ethics.

Approximately 50 new activeswere greeted by Los AngelesAlumni Chapter President SandyRae. Supreme Secretary FrankGray and Professor Bill Tucker.

Lou CatonElections of officers for the com-

ing semester were held recently.Newly elected officers are JusticeLou Caton, Vice-Justice Jim Moun-tain, Secretary Jim Parker, Treas-urer Tavey Sanfilippo, Marshal JoeBarron.

Uniformity of rules in the Mu-nicipal, Circuit ann SuperiorCourts of Chicago has been sub-stantially achieved by the adop-tion effective January 1, 1960, forthe Municipal Court. of revisedrulss which incorporate the uni-form rules of the Circuit and Su-perior Courts as adapted or modi-fied for Municipal Court practice.

Electronic recording is beingused for court reporting in all ofAlaska's new superior courts. Offi-cials claim the recordings are tam-per-proof and satisfy the require-ments of due process.

LOYOLA DIGESTEditor ........ ....... _...... _John Bambrick

Associate Editors ___.Lar-r-y Avers,Mary Flanagan

Published Quarterly by ~he:Loyola Student Bar ASSOCIatIon.

Opinions expressed in the LoyolaDigest are those of the wrIters. anddo not ne ces sar-iiy reflect th.e VI«:WSof Loyola Digest, the UniversIty,the Law Sch()ol or the Student BarAssociation.

SUMMER SCHOOL SCHEDULEJune 14 - August 25

DAY SESSIONCourse InstructorPersons __ _ ___________ Mr. TevisWills _ _____ Mr. Yerkes

. Procedure II Mr. Maupin

NIGHT SESSIONCourse InstructorProperty II . Mr. SchauerCriminal Law Mr. MaupinA.dministrative Law Mr. OgrenCorporations Mr. BeckerAgency Mr. YerkesCreditors Rights Mr. John Brink

.J

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