Page Ten
This is
the Law
i
BY FERD L. DAVIS
(For the N. C. Bar Association)
Administrative Law
The average person thinks of law
as falling into one of two categories:
legislative action or court action. He
knows generally that the legislature
passes laws, the executive branch of
the government administers these
laws, and the judicial branch of the
government hears cases in which it is
alleged that these laws have been
broken. Much of this idea about the
law is not familiar to the non-lawyer,
who follows most legislative proceed
ings only through the press and ra-1
dio. He may go through life without
once suing or being sued, or being
cited to appear as a defendant in a
criminal action.
But the citizen comes face to sace 1
with the administration of the law a
hundred times a day. These “admin ]
istrations” are attempts to ' ake ef
fective the policies dictated by u.e leg
islature, and involve decisions, by ad
ministrations bodies, that have the
force and effect of law. A citizen’s
rights are determined by such ad
ministrative groups to the same ex
tent that a court of law would deter
mine his rights, but without the many
legal safegua’ds provided in the law
court.
Major Legal Field
This activity has expanded In
America—and in North Carolina—toj
the extent that administrative law is
one of the major fields in legal prac-j
tice today. Countless attorneys devote ,
their entire careers to practice before!
only one administrative body, such ns
the Federal Communications Commis-f ;
sion or the Interstate Commerce Com- 1 ,
mission. j,
The development of American eivili- •
zation has. made necessary this onor- :
moiis expars’nn of administrative law. j
Our life is geared, more and more, to
administrative decisions in fields for-'
merly regardi-d as purely legal. The
lawyer and the non-lawyer alike would, *
for example, regard as absurd the 1
necessity of bringing a formal law- i
suit whenever the Wildlife Resources s
Commission set an opening date for
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fishing season or the Highway Com
mission decided to widen a state high
way.
Sometimes hardships arise in the
fields of administrative law. In most
cases, the citizen is protected by the
right of appeal to the courts, as in
matters before the Utilities Commis
sion. In other cases, there is little
the individual can do after a decision
is made, provided the administrative
official or agency has been “reason
able."
Protection
How can the average taxpayer pro
tect himself? He can and does join
various organizations to present his
views to the administrative agency. He
enlists the aid of his legislator in
many cases, and he writes to the news
papers in an effort to arouse public
opinion.
But the greatest help the individ
ual can get in such matters is from his
attorney. Many students of adminis
trative law believe that the greatest
assistance a lawyer can give his client
lies in this field.
Yet this assertion runs against the
3 feeling of many men, who reason that
3 they are going “into court” in a mat
ter before an administrative body and
3 consequently do not need an attorney.
The competent lawyer, however, will |
' be familiar with the procedures of ariy
1 agency before which he appears. He
Will know when his etient’s rights are
1 being trampled. He understands the
' rules of evidence, and knows what evi
dence will be considered relevant by
I the particular administrative body
(hearing his client’s case. He knows
how to prepare his client’s petition in
[order to have an administrative decis
ion reviewed by the courts of law, if i
[that should be necessary. And his j
[training and experience tells him when j
an appeal would be proper.
Types of Cases
The cost of telephone calls, the
granting of radio licenses, the sus
pension of beer and wine licenses, the
evaluation of property for tax pur
poses, the location of highways, the „
size of oyster dredges allowed by law,
the passage of municipal ordinances—
all these decisions and thousands more s '
are in the field of administrative law,
and determine your rights. Your at
torney can advise you of steps to be
! taken and the probable results of any
I dispute with even greater certainty
(that he can advise you of the probable
.outcome of a lawsuit.
1 Tn short, the counsel of a compe
tent attorney is just as desirable in
[administrative law matters as in a law
court action. Next Week, specific in
stances of the hel pgiven individuals
through such counsel will be presented
in this column.
BIRTH ANNOUNCEMENT j
Mr. and Mrs. F. D. Hulls announce
the birth of a 7-pound, 8-oune’e son,
Frederick Dudley, Jr., horn April 17,
in the St. Luke’s Hospital in Jack
sonville, Fla. Mrs. Bulls is the former
Miss Janet Faye Jernigan.
THE CHOWAN HERALD, EDKNTON, N. C., THURSDAY, JUNE 3, 1954
YOUR HANDS J
H fcemember— only you can I
m PREVENT FOREST FIRES! |
TEXT: “Silence is good for an ig
norant man. If he knew this he
would not be ignorant.”—Saadi.
Bob Burns tells this story about his
“cousin Wilfred.”
“He was 11 years old before he said
so much as a word. One day he was
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ECONOMY!
gives you gas-saving, Low-Friction,
overhead-valve, high-compression, deep*
h fj& block engines in ALL truck mode Ist
■ you l* me and money every trip! 3-man
■ >■ J ■ mam, Driverized Cabs!
rad 3. BIG payload capacities, with low curb
weights! New Ford-built 6-wheeler giants,
up 65,000 lbs.
"down payment”
:# FORD TRUCKS
MORI TRUCK TOR YOUK MONtYI t, f.0.A.0,
settin’ on a fence, watchin’ his father
plow. A bull broke into the field and
made straight for Wilfred’s Pa. All
of a sudden, Wilfred’s mouth opened
and he yelled, ‘Hey! Pa! Hey! Look
out for the bull!’
“Soon as his Pa got out of the field
he went straight for Wilfred and said
NEW DRIVERIZED CABS! New Ford 3-man Driverized
Cabs have new woven plastic seat upholstery—longer
■ wearing, “breathes” like cloth for year-round comfort.
E King-size door openings, visibility unlimited. Exclusive
* Beat shock snubbers to iron out bumps!
NEW POWER STEERING! New Ford Master-Guide Power
Steering cuts steering effort as much as 75 %! Standard
on new Ford T-800 tandem-axle models, and T-700
' with 152-h.p. Cargo King V-8. At low extra cost on most
other Ford extra heavy duty conventional models.
NEW POWER BRAKES! New Ford vacuum-boosted
Power Braking now available at slight extra cost on
Pickups and all Ford H-ton models, too! A Ford
exclusive! Makes stopping up to 25% easier!
AND FORDOMATIC DRIVEI Fordomatic Drive now
available at low extra cost on 44 Ford light duty models,
up through one-tonners! No clutch, no shift. Faster
getaway, easier hill-climbing. Takes up to 90% of the
work out of driving!
‘Wilfred, you shore done me a right
smart favor that time. But how come
you’re speaking all of a sudden ? You
ain’t never said nothin’ afore.’
“ ‘Well, Pa,’ was Wilfred’s reply, ‘I
jest ain’t never had nothin’ to say be
fore’.”
There is much to be said for speak
ing only when we have something
worth saying. Most of us appear eag
er to show our ignorance, when a few
minutes silence would make us wiser.
We tell ourselves, time after time,
that we must hold our tongues. Sud
denly we are at it again, with unhappy
results. However, we can imagine
that the forest would be a dreary place
if the birds sang only when they were
in danger.
Visitors To Parks Os
State Are Increasing
Full facilities, including swimming
and bathing, will be made available to
the general public at all Etate parks
for the duration of the summer sea-[
son.
Director Ben E. Douglas of the State
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1 includes 16 custom extras, like foam rub-
Ka / ber seat padding, arm rests, Insulated
SsHilii? head-lining, and automatic dome light
all at only slight extra cost.
i Department of Conservation and De
i velopment, which includes the Divis
i ion of State Parks under Parks Super
intendent Thomas W. Morse, predicted
! that total attendance this year at the
State parks will eclipse that of last
year when it was 1,224,237
Checked attendance at tne parks
during the first four months of this
year, Morse said, was 258,254.
"Reports from park personnel,”
Douglas said, “indicate that a growing
number of visitors to our State parks 4
are using them instead of just visiting *
them. This is a healthy sign. We
want to encourage all citizens to use
our park facilities more and more.”
CHRISTIAN CHURCH SERVICES
Services at the First Christian
Church have been announced as fol
lows by the pastor, the Rev. E. C.
Alexander:
Bible School, Sunday morning at 10
o’clock; morning service at 11 o’clock;
young people’s meeting at 6:30 P. M.,
evening service at 7:30 o’clock. Wed
nesday Evening Bible Class meets at
1 7:30 o’clock. Everybody is welcome to
all services.