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Show I f ferialb j t Ord-.- r DriMrtiiKnt University of Uth ; jolt LBkeClty, Utah 0-1- 12 It 4 ti rt SALT LAKE CITY, UTAH VOLUME 16, NUMBER 157 3 Non-Residenti- Utah Supreme Court Decisions t - Capsule - V Search Warrant ; i mony of a police informer." the defendant will have his day in Justice A. H. Ellett . . . court and at the trial the issue will be is he guilty" and not was the magistrate imposed upon." Plaintiff counsel: Vernon B. Romney, David Young, Wm. Evans Defendant counsel: (ACCN) - non-resident- ial Trial Court: Convicted of possessing marijuana for sale. Supreme Court: Affirmed. 1) Although the information is almost completely hearsay, the warrant may be upheld if there be sufficient information in the affidavit to provide a substantial basis" for crediting the hearsay. 2) The courts . . . treat citizen informers differently and their testimony is not viewed with the rigid scrutiny as is the testi- . Deman Shores Building Gains The con struction industry appears headed for more gains in the last half of 1972 and beyond, building STATE OF UTAH vs. LARRY TREADWAY j , al CHICAGO PROBABLE CAUSE SUPPORTED BY HIGH COURT A Robert Van Sciver, 321 S. 6 E. See details page 3 . I more than offsetting a more realistic level in some housing areas, a spokesman for the industry predicted in a special Outlook for the Last Six Months published by the First National Bank of Chicago. R. B. Pamplin, chairman and chief executive officer of Georgia-Pacifi- c Corp., said the construction industry reached an unexpectedly high housing starts level in the first quarter on the heels of mild winter weather, but the evening out should result in a 2.2 million housing starts total for the year. Growing demand for townhouses comdominiums is offand low-ris- e setting some apartment demand, and single-famil- y housing construction remains high, he said. construction gains in the near term will center around Non-residenti- al Legal Secretaries Return From National Convention i low-ris- commercial, e creating continued high demand for building materials. The longer term, he indicated, will see the necessary rebuilding of the nations outdated manufacturing facilities gaining i momentum in order to meet world competition. Currently being overlooked in establishing housing goals is the fact that millions of temporary life expectancy homes with a instead of 40 or 50 years must be ' (ft ; 10-ye- ar replaced. In addition to the outlook for adequate mortgage money supplies for housing, Pamplin listed several other factors that are often i. ; i Kaye Aoki, left. President, Salt Lake Legal Secretaries Association and Mrs. Lois Krause, SLLSA Employment Chairman. I Free Hitchhiker Who Balked Over Fingerprinting - A FAIRFIELD, CALIF. (UPI) young Ohio man who spent 66 days in jail because he refused to be fingerprinted was freed, August 8, by a local judge who said authorities shouldnt have tried to book him in the first place. Robert William Mayer, 24, who throughout legal proceedings had used the name John Doe Galt, said when he walked out of the Solano County Superior Court, I feel prety elated. I feel like Ive been vindicated. Mayer was picked up by the California Highway Patrol June 3, while hitchhiking on Interstate 80 near Fairfield. He was taken to the Solano County sheriffs office for booking, but refused to be fingerprinted. He was thrown in jail, and denied some privileges granted to other inmates on the grounds that he had not submitted to the proper booking procedures. He was later convicted in a Municipal Court for being on a freeway and obstructing justice. Hie . traffic sentence was suspended while he was given a time served" sentence on the obstruction Two Salt Lake legal secretaries were among the some 500 delegates and alternates attending the 21st Annual National Convention of (International) Legal Secretaries recently held in Boston, Massachusetts. Mrs. Kaye Aoki, President of the Salt Lake Chapter, served as delegate. Mrs. Aoki is with the law firm of Phil L. Hansen & Associates. Mrs. Lois Krause, SLLSA employment chairman, with the law firm of Callister, Kesler & Callister, served as alternate. Keynote speaker was the Honorable Robert H. Quinn, Attorney General for the Commonwealth of Massachusetts. The agenda included election of national officers, selection of Mrs. Clara Lagow of Ft. Worth, Texas, a legal secretary for 56 years, as National Legal Secretary of the Year, and the award of a $2000 scholarship. Selection of Hollywood, Florida as the site of the 1973 National Convention was announced with Houston, Texas holding the 1974 convention. Also in attendance from Utah was Mrs. Louise Wright of the Ogden Chapter, National Director. - Three BURLEY, IDAHO (UPI) hotels in this rustic Idaho town have been ordered to abate a moral nuisance by ending prostitution. Cassia County Prosecutor Gordon Neilson said he was cracking down on the brothels because a madam refused to sign a larceny complaint against one of her girls. WEDNESDAY, AUGUST 16, 1972 overlooked: They include: The nations 13 million substandard or overcrowded dwelling units, about 16 per cent of the total nventory. The lowest level of vacant welling classified as livable and ivailable since 1958, an estimate of only 2 million. p f; s arllJ. Holding Utah Back By Daniel K. Cunningham Daily Record Columnist The real villain that has held back Utahs n economic growth may be a trade tariff that was first imposed a half century ago. At that time, states in the western part of the United States were designated a local territory for cargo shipped to this country from Japan, Korea and Okinawa. States east of the Rockies, now SALT LAKE CITY little-know- including Colo-M- r. Cunningham rado and New Mexico, became part of the overland territory. The accompanyini freight rate was levied so cost more to ship goods local territory than to the overland territory, even though the overland states were more distant from the Pacific Coast PrtJ- rftip.-- v Even today, it costs of goods from Japan to Ch- ia cago than to Salt Lake City. Some businessmen are convinced that the higher freight rate is a dertiment to the establishment of warehousing centers in Utah to handle the evergrowing volume of Pacific imports. The higher OCP rate apparently offsets any advantages from Utahs transcontinental routes, productive employes, lower business taxes and freeport law. This is not a recently discovered problem. Tony Saracino, who is developing a freeport center in Tooele County, was told by D. D. Day Jr. of the Pacific Coast Committee of the Inward Transpacific Steamship Lines, that Utah has applied for an Ocean Carriers Pact Rate (OCP) on and been denied two occasions both times. The principal reasons were cited for the denials: Utah could not show that there would be increased cargo movements to offset the reduction in SUPREME C0UBT OF THE UNITED STATES Syllabus MITCHUM, dba BOOK MART v. FOSTER APPEAL FROM TIIE UNITED STATES DISTRICT NORTHERN No. 70-2- 7. et al. COURT FOR THE DISTRICT OF FLORIDA Argued December 13, 1971 Decided June 19, 1972 19S3, which authorizes a suit in equity to redress deprivation under color of state law of any rights, privileges, Title 42 U. S. C. the is within that or immunities secured by the Constitution . . . U. 28 S. C. 2283, of federal the statute, exception which provides that a federal court may not enjoin state court proceedings except as expressly authorized by Act of Congress. And in this 19S3 action, though the principles of equity, comity, and federalism that must restrain a federal court when asked to enjoin a state court proceeding (cf. Younger v. Harris, 401 U. S. 37, and companion cases) are not questioned, the District Court is held to Live erred in holding that the statute absolutely barred its enjoining a pending state court proceeding under any circumstances whatsoever. Pp. anti-injuncti- on anti-injuncti- on 3-- 18. 315 F. Supp. 13S7, reversed and remanded. Stewart, J., delivered the opinion of the Court, in which all members joined except 1owell and Rehnquist, JJ., who took no part in the consideration or decision of the case. Burger, C. J., filed a concurring opinion, in which White and Blackmun, JJ., joined. revenue that carriers would experience. If Utah were granted the OCP rate, then Montana, Idaho, Nevada and other states would have to be given the rate. Mr. Saracino now believes that a request for a lower rate will have a better chance of acceptance. . For one thing, ocean carriers are now seeking faster turn around time at seaports. Because so much money is tied up in a ship, valuable profits are lost during the time it takes for a ship to be unloaded. The development of huge inland port would relieve the congestion that now characterizes the nations container-chokeseaports. And this would make the Department of Commerce happy. oods would y and effithe nations cient) thu$ "upgrading would This transportation system. make tteDepartment of Transpor- t d tation happy.- -' I Instead of taking a week to re-to- U.S. Suit Says 2 Cities Show Hiring Bias WASHINGTON (UPI)-Invo- king the 1972 Equal Employment Opportunities Act far the first time, the Justice Department has charged the cities of Los Angeles and Montgomery, Ala., with discrimination hiring firemen and samitary workers. Atty. Gen. Richard G. Kleindienst told UPI last June 16 that many cities and states were violating the new law. He cited Montgomery, Los Angeles, and Chicago in that interview. Cited for racially segregating public jobs in the two instant suits, filed August 7, were the Los Angeles fire department, the Montgomery waterworks and sanitary sewer board and the Montgomery personnel board. The complaints were filed in the U.S. District Courts at Montgomery and Los Angeles. City-Coun- ty In statements explaining the suits Kleindienst said that in Montgomery blacks were hired as unclassified laborers although they performed work similar to that done by whites with classified status. Blacks who were hired in the classified service got lower pay than whites with less experience doing the same work, he charged. In the Los Angeles case, the federal complaint purports that the city employs about 3,150 firemen of whom 94 are Mexican-America- n 3 48 cent and are black 2.5 per per cent. There are no Orientals. The three groups combined compose 40 percent of the population. Kleindienst said the suit alleges that Los Angeles uses tests and educational and height requirements that dispropor tionately exclude minority l I n e I un- - n "because of customs 'quirement a ghip might load in two days. This would give ship owners a much higher rate of return on their capital investment. And if this makes Ocean Carriers happy, they might agree to a lower tariff for Utah. And then Utah would become an international port A |