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Show WESTERN AMERICANA FariuJ.. Pf'i.r University rtf IJth tU2 Fait LukeCity, lit ih VOLUME 17, NUMBER 42 SAIT LAKE CITY, utah MONDAY, MARCH 5, 1973 Supreme Court Eases Habeas Corpus Rules - Utah Supreme Court Decisions - Capsule - TRAVEL TO AND FROM WORK NOT A JOB DUTY FOR EMPLOYER ELEANOR W. BARNEY, widow of Carl W. Barney, deceased, Plaintiff WASHINGTON (UPI) The Supreme Court Wednesday eased the traditional rule that a prisoner v. wishing to claim denial of constitutional rights to a speedy trial must bring his habeas corpus action in the district where he is confined. The 3 decision brought a strong dissent from Chief Justice Warren Burger and two other Nixon Ad- INDUSTRIAL COMMISSION OF UTAH and A.E? ANDERSON INC., and THE TRAVELERS INSURANCE COMPANY, Defendants 6-- escaped. He was eventually arrested in Alabama arid convicted of felony charges there. Kentucky filed a detainer against him to stand trial whenever he finished his Alabama sentence. Braden claimed he was being denied his constitutional right to a speedy trial. He filed a habeas corpus suit. in Federal District Court in Louisville asking to be returned to Kentucky. That court ordered him returned but the 6th U.S. Circuit Court of Appeals rejected his claim on the ground that it must be filed in the district of detention: The circuit court relied on a federal law which says habeas corpus writs may be granted by the within their district courts respective jurisdictions." But Justice William Brennan Jr. ruled n for the majority that a in Bradens circumstances is person in Kentuckys jurisdiction. He may now proceed with his habeas corpus sent back to Federal District Judge. Edward Day of Providence, R.I., an attempt by the government to force Falstaff Brewing Co. to divest, itsqlf' of Narragansett Brewing Co., which it acquired in 1965. Day had found that entry of Falstaff into the New England market by acquisition would not result in the kind of substantial lessening of competition which is forbidden by the Clayton Act. The Supreme Court held, in an opinion Justice Byron R. White, that Day erred in assuming that because Falstaff, the nations fourth largest brewer, would not have entered the New England market on its own, it could not be considered a potential competitor. ministration appointees Justices Deceased killed in auto accident while returning home from work (paid for William Rehnquist and Lewis Powell, Jr. The fourth Nixon aptravel time). Hearing examiner ruled: in course of employment. Commission by divided vote reversed. pointee, Justice Harry Blackmun, Supreme Court: Ordinarily an employee is deemed not to be within the agreed with the majority. Habeas corpus in its earliest days course of his employment if he furnishes his own transportation and is injured while going to or from the premises where he is employed." Af- was designed to force a hearing for firmed ruling of Industrial Commission. a prisoner held without trial. The Plaintiff counsel: A. Wally Sandack Supreme Court has expanded the 606 El Paso Bldg. concept to allow suits by a prisoner Defendant counsel: Vernon B. Romney, Attorney General who claims a denial of constitutional The banking case was the William J. O'Conner in his trial otherwise. or rights 400 Deseret Bldg. government's first anti-truWednesday's case was started by challenge to a recent trend which Charles Braden, who began a See details page 3 . seen has banking large sentence in March, 1972 at the dominant become organizations Holman Unit of the Alabama State statewide by acquiring leading, Prison at Atmore. action in Louisville. local banks. ..smaller , ' 'Indicted by a grand jury in Jefin The a Blackmun, department tried to block the concurring ferson County, Ky., in 1967 for opinion, pointed to the irony" in acquisition of the First National storehouse and Bradens lawsuit. His trial would .Bank & Greeley, Colo., the second breaking safecracking, he was brought there have taken place five years ago if he largest commercial bank in town, by for trial from California, but had nut escaped from Kentucky the First National B&ncorporation, custody, Blackmun said. the second largest bank holding In other actions the Court: company in Colorado. in favor of the Justice Ruled The high court affirmed, by a tie have WASHINGTON (UPI) The activities of foreign banks that in to its effort, Department the action on July 12, 1971, ona vote, keep Federal Reserve Board has in- entered the United States and the in New competition open the,. special three judge federal court in , dicated it is reviewing multinational dramatic increase in foreign beer but lost an Denver which dismissed the case.', England market, banking matters with a view to operations of U. S. Banks. in antitrust suit the field. Ruled the scope of a property , banking For example, in the period 1965 changes in regulations, or perhaps The 2 decision to in 5 a court, high and management firm, for purposes of to 1972, assets of agencies legislation. determining what minimum wage it The review involves both U. S. branches of foreign banks located in Should pay, is the total rent collected Banking operations overseas and the United States increased threefrom all its properties. WASHINGTON (UPI) An the increasing operation of U. S. fold to about 13 billion dollars, and In an 8 to 1 decision, the court the assets of foreign branches of U. agriculture department plan emBranches of foreign banks. ordered a circuit court to figure the fold D.C. The Board said in a statement, S. banks increased about eight powering state and local authorities business base of a Pittsburgh firm February 2, that the review is dic- to about 75 billion dollars," the to permit the voiding machine sale from the gross rentals produced by of soft drinks, candy and cakes in tated by the substantial growth in statement pointed out, the properties it manages. The current review announced school cafeterias has drawn fire recent years in the size and scope of The Labor Department sued . on structural focused -Cfrom Sen. Clifford P. Case. WASHINGTON by the Board is (UPI) Amheim and Neely, Inc., a real aspects of U. S. Activities of foreign and the Childrens Foundalbn. organizing limaxing a months-lon-g estate management company, . banks and foreign operations of U. S. The department slid it was only drive, the Internationa Motherhood it of violating the fair labor banks; it does hot extend to the issuing a proposal that Would carry of Police Officers (IBPO) asked the accusing standards act by paying too little in volume and types of international out the terms of a law Congress District, of Columbia government, ' to call an election to wages. flows of funds through such inpassed lasKSeptember. February The company manages eight Asa condition of the governments decide if the union will represant the stitutions, the Board added, , office buildings and one commercial The Board expects to consider, the, school lunch subsidy program local citys police .officers. ' Alan Whibiey, executive vice apartment complex in the Pittsstatement said, The possible need schools previously were forbidden to for legislation and to propose allow the sal of competitive president of .the IBPO and leader of burgh area. It does not own the the organizing drive, said the union properties. in its own governing foods" in.. school cafeterias during TRENTON, N.J. (UPI) -- The New changes The district court ruled the wants the right to represent 3,962 hours served. when meals are Jersey Supreme Court has ruled that regulations." company is the employer" of the ' officers. Congress dropped that ban in a foreman who was blinded in one The union would seek collective janitors and supervisors and September, and the Agriculture eye by a plant employe in a tavern maintenance (people at the buildings. Department has proposed per- bargaining rights and a work con- The gross rentals brawl was entitled to workman's become the gross mitting such sales if profits went to tract, organizers said. sales" of compensation because the incident the enterprise under the We submitted evidence showing the schools or to was work related. student groups. membership in excess of 30 per cent law, and are the measure by which The Court, February 5, reversed Case said he would introduce of the 3,962," Whitney said. We had the minimum wage set, the all prior rulings in the case that js than as more members 1,300 to the ban. slightly reinstitute district said. court legislation denied compensation payments to I deplore this backward step of this morning and we picked up a U.S. Circuit Court of The 3rd Raymond J. Thornton, former little more than 200." which will put every school adAppeals agreed with the district production foreman for the D.C. the is Our to allow ministrator competition under only court the management comthat pressure Chamberlain Manufacturing COrp. which has Policemans foods Association, of an empty-calori- e such was the array pany employer and that, The Court said Thornton was union as a been in as soda company and the cakes not Operating rentals pop just the management entitled to payments because the in a statement. for years," he charged. The basic firms commissions Case said were the cafeteria," attack in the bar had its genesis in SAN FRANCISCO Pacific Gas The Foundation charged that the difference is that the D. C. Police measure of what wage was to be the employment." It said the cause & Electric Co. Wednesday asked the Department had pushed its new Association allows management paid. of the fight had its origins on the job, California Public Utilities Com- regulation out quickly" under officers and retired officers to vote However, the circuit court said although Thornton left the job nine mission for hold office. We and dont. to its raise corfrom three each permission pressure major building should be considered days earlier. no there asserted that is to million to rates $46.8 Whitney see annually porations which wanted separately for whether its gross Thornton had reprimanded an gas offset increases in the prices it must vending machines moved into school question but that policemen will vote business puts it under the act. The employe for repeated failures to the IBPO as their collective owners of separate buildings are not pay its Californian and Canadian cafeterias rapidly. wear safety glasses. On one oc1. of agent. head the Edward bargaining J. gas suppliers commencing July Hekman, engaged in some common business casion, the Court noted, the employe the the union said items He which rate The Food Nutrition and major increase, proposed Departments purpose just because they lure the told Thornton, 'Til take care or your would average 47 cents a month for Service, denied any haste or will seek are a 5.5 per cent pay raise same management firm, the circuit eyes later." the typical residential gas customer receiving any pressure from makers retroactive to January 1, a court said. Nine days after leaving the work and 10 cents a month to the typical of Coca-ColIt was that portion of the decision Pepsi Cola or Toms negotiated contract, a company, Thornton was in a bar householders electric Nil, would be uniform better a allowance, week, three the mentioned firms the Supreme Court reversed and Foods, by when he allegedly was attacked by health insurance and improved sent back to circuit court. across all classes of service. the Foundation. spread the employe. retirement benefits. . 10-ye- ar st six-ma- . , Multinational Getting Fed Scrutiny - Vending Machine Sales in School Cafeterias Hit - . Union Se&king Election as Police Choice R-N.- J., Give Comp for Brawl Injury Tied to Job d. ry PG&E Seeks School-sanction- ed $46 Million Rate Boost - a, 40-ho- . -- |