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Show Siaiu IJni Ordar varsity of Utah Salt Lake City, Utah 84112 WESTERN AMERICANA 0U', mb WEDNESDAY, JUNE 16, 1971 VOLUME 15, NUMBER 115 LEGAL NOTICES: SALT LAKE 487-065- 1 U.S. SUPREME COURT DECISIONS PROCEDURAL Democratic Leader Mike Mansfield has endorsed a new revenue sharing plan offered by Rep. Wilbur Mills, that would shift more federal aid to the cities and less to wealthy counties. Mansfield said Mills outlined his plan at a meeting in house speaker Carl Alberts private dining room in the capitol, June 9. The Mills plan was reported to involve pumping $3.5 billion to the cities. President Nixons revenue sharing proposals earmarked only $2.5 billion for cities and the rest of a $5 billion total program to the states and counties. Asked to comment on the Mills plan, Mansfield told reporters: D-Ar- k., NO. 71-0- It places the emphasis where it should be. The difficulties are in the cities. Its the flight to the suburbs of both people and business thats causing the trouble. Asked if the plan were a to Democratic alternative Nixon's replied: program, Mansfield No. I would like to see an accommodation the with ad- ministration. OPINION NO. 71-0- 13 June Box Elder 11, 1971 REQUESTED BY: Mr. Burt H. Harris, Cache Coun- ty Attorney County Attorney PREPARED BY: Vernon B. Romney, Attorney General Lauren N. Beasley, Chief Assistant Attorney General QUESTIONS: 1. Is it legal for the County Commissioners of Box Elder County PREPARED BY: Vernon B. Romney, Attorney QUESTIONS: 1. Inasmuch as Cache County does not have any constitutionally elected justices of the peace, would Senate Bill No. 11 require the county commissioners to designate the county as being a precinct and then appoint a justice of the peace to act therein until the next general elec- pre-cinc- Defense Key Is To Limit Issue opinion. 5. Would Senate Bill No. 11 per- mit us to operate as heretofore by having the county commission designate the various city and town justices of the peace in the areas located around them The key as precincts and then have the MILWAUKEE (ACCN) to a successful defense in a products highway patrol send the traffic offenders to those places for disthe liability case is confining as we have done before? position plaintiff to a narrow issue ol ANSWER: No liability, according to Products 6. Does a city judge who is an Liability Specialist W. N. Edwards. ex officio justice of the peace Writing in For The Defense, have authority to act on county newsletter of the Defense Research ordinances? (DRI), Milwaukee, Wisconsin, Edwards outlines the major reasons why this is im(1) frequently, the portant: cut the cloth to fit the can claimant pattern in products litigation; (2) products cases depend heavily on the opinion of experts; (3) radical changes can be made in the claimant's theory of liability; and (4) the defense is incapable of adequately preparing defenses for all possible attacks on the product. Suggests Tactics A Specialist for Sentry Insurance of Stevens Point, Wisconsin, the author suggests tactics for avoiding these problems and narrowing the last-minu- te Police Local 101 Position ANSWER: No See detailed opinion page 6 issues in a products case. He advises the defense attorney to immediately familiarize himself with the product involved by talking to salesmen or reading brochures and service manuals. While these activities are not a substitute for a complete product education, they have a substantial advantage of Defense counsel speed and self-helshould not 'sit on his hands' and wait until the manufacturer sends him an expert. A surprising amount of knowledge can be gleaned by aggressive hometown education.. p. NO MONEY FOR SALARIES? BUT . . . The city commission spent $20,000 for unneeded guns. The city commission is spending $5,000 for second south substitutes, with more money promised if needed. The city commission spent $2,500 for motorcycles to enforce misdemeanors on PRIVATE PROP- Russia, Brazil, Cuba: ERTY. U.S. Presses The city commission spent $2,200 for 100 sleeping cots, in case we have a riot and need some place for officers to sleep. NO MONEY FOR SALARIES, YET . . . Outside law enforcement agencies recruit heavily from the Salt Lake Police Dept., indicating a City WASHINGTON U.S. (UPI) in job retention polideficiency disputes with foreign governments cies. over fishing rights were being fought The first week of May saw four out in courts and on the diplomatic trained, professional officers relevel with three nations Russia, sign to take higher paying jobs. Brazil and Cuba The city commission passes the June 10. buck to the legislature, when in In San Francisco, a U.S. marshal fact the city commission is solestood guard on a Russian freighter ly responsible for the payment of to keep it from sailing until a judge city employee salaries and for acts on a Massachusetts the raising of funds to handle the $377,055 lawsuit against cities business. the Soviet government. The city commission is fostering A spoeskman for the agents of the Suleyman Stalaskiye said mile sea territorial iimits. the ship was loaded up with lumber A foreign ministry communique and ready to head for Los Angeles expressed the shock of the before going to Japan but now must Brazilian government at the move of await court action. The vessel was the U.S. House of Representatives which suggested the State Departsupposed to leave as the early ment find a solution to Brazils morning of June 10. A writ of attachment, issued June refusal to allow foreign fishermen to 9 by the U.S. District Court clerk, fish within 200 miles from its shores was taped to the helmsman's wheel before ratification of the coffee of the freighter. A court source said agreement. no action was contemplated today The communique said Brazil will and the next move was up to the not accept any agreement binding Fishing 'War On 3 Fronts - lob-sterma- ns 552-fo- General Lauren N. Beasley, Chief Assistant Attorney General to char the boundaries rf the county precincts dividing the county into four or five precincts where there have been approximately thirty precincts? No known law to prevent. 2. Is it legal to have more than tion? one justice of the peace in one ANSWER: Yes precinct? 2. If this were required, would the One per precinct. 3. Under Senate Bill No. 9, is it highway patrol on state cases or violations have to refer all for the Commislegal County offenders to this precinct justice sioners to five the compensation of the peace? of each justice of the peace at ANSWER: No a certain amount for each crim3. Could the county commission inal case handled by the justice? nominate and appoint one or Senate Bill No. 9 delegates remore of the city judges or town to Commissionsponsibility City justices of the peace within the ers, town councils, or County Commissioners. county to ' be county precinct Utah Constitution provides legjustices of the peace? ANSWER: No islature to establish compensa4. Would this be a conflict of intion. terest in the disposition of fines Mr. Beasley (writer of opinion) wherein the fines under the et doubts constitutionality ofSen-at- e of justice of the peace Bill No. 9. Suggests declarawould supposedly go to the tory judgment by Utah Supreme Court. county and if a city judge or town justice of the peace one-ha- lf of the fines would stay See detailed opinion pages within the city? ANSWER: Moot. See detailed Institute POLICE OFFICERS "INFORMATIONAL PICKET" statute which does not provide for advance notice and an opportunity to be hdard to one who is being denied alcoholic beverages on the grounds that his drinking deprives his family and endangers the community, is unconstitutional, because it violates procedural due process. Wisconsin v. Constantineau, U.M 27 L.Ed.2d 515 (1971). 14 June 11, 1971 REQUESTED BY: Mr. O. Dee Lund, BUILDING Y PROCESS DUE Attorney General Opinions OPINION CITY-COUNT- 487-065- 1 A - Senate (UPI) LEGAL NOTICES: AT Democrats Hear Mills' Revenue Sharing Plan WASHINGTON CITY, UTAH working condition that have led to the total demoralization of major police departments all over America, even to the point of criminal acts by policemen. NO MONEY FOR SALARIES . . . - NOR RESPONSIBILITY TO CITIZENS The city claims that funds are not available for salaries that would retain trained and competent personnel. They look to the legislature to provide funds for operations that are not the states responsibility. And, while the city fathers claims of poverty are being used as a poveteran officers litical black-jacare resigning at record rates while funds are being spent as described above. The 39th Legislature did in fact aid Salt Lake City officials to raise the needed funds. First, the controversial camper tax, the $5 vehicle registration fee and an adjustment on sales tax to purchasers. The only act needed by commissioners to generate the balance of needed funds is to utilize the new freedom in property tax. A two-mi- ll increase will cost the average $18,000 home owner about $12 per year . . . the sales tax would cost the same person about $15 per year. k, out-of-sta- te ot ships attorney. The writ ordered the vessel to remain docked until Federal Judge George B. Harris acts on the damage suit filed by Prelude Corporation of New Bedford, Mass. And in Brazil, that government charged the U.S. with intolerable economic pressure after the U.S. Congress postponed its approval of the international coffee agreement because of Brazils claims to 200- - this issue with the Brazilian territorial waters, which constitutes an intolerable economic pressure on a subject touching the sovereignty of Brazil. It said Brazil would honor its commitments with respect to the international coffee agreement. Meanwhile, in Key West, Fla., attorneys fought to free four Cuban fishermen sentenced to six months in a U.S. jail for fishing within 12 - miles of U.S. territory. Nixon Rejects Compulsion In Suburb Housing WASHINGTON (UPI) President Nixon has declared the government will enforce vigorously laws against racial discrimination in housing but he said it will not force affluent suburbs to accept housing projects intended for the poor. A municipality that does not want federally assisted housing should not have it imposed from Washington by bureaucratic fiat, review of his Nixon said in a administrations housing policy. The statement, more than a year 15-pa- ge in preparation, draws a clear distinction between racial and economic discrimination. By equal housing opportunity, I mean the achievement of a condition UTAH LEGISLATIVE BILLS -1in which individuals of similar income levels. . . have a like range of H. B. No. 203 establishes standards for the installahousing choices available to them tion of electrical equipment and apparatus on both public regardless of race, color, religion or national origin, Nixon said. which must and private buildings; establishes standards The statement, which emphasized be followed in the installation of such equipment and althe requirements of existing laws, lows local government to impose additional and more ' including the 1968 Fair Housing Act, stringent standards. was a victory for Nixons friend and political aide, Atty. Gen. John N. Mitchell. Here We Go Again? HUD Secretary George Romney had suggested that the government STANFORD, CALIF. (ACCN) -S- take greater steps to help the poor ince nearly every nation which obtain housing in neighborhoods develops a highly technical society which they are now unable to afford. also develops needs, the Drafts of the statement were Canadian next trouble-mak- aggressive MOSCOW (UPI) on the world prepared separately in the Justice Prime Minister Pierre Elliott scene may be Japan, a noted Department and HUD. Trudeau said May 20 he came to Stanford political scientist believes. Russia to diversify relations help counteract the overpowering Did you miss any? effect of the neighboring United States. UTAH ATTORNEY GENERAL ABSTRACTS-1- 971 Speaking at a Moscow news conference that followed four days of talks with Soviet leaders, Trudeau 1 COUNSELING BY LAW STUDENTS whether about parried questions In limited ways, set forth in opinion, law students Canadas new friendliness with the may counsel other students and may appear in representSoviet Union will weaken its role in ative capacities in connection with University hearings the Western alliance. without practicing law. U.C.A. McCarthy 211 I can see no conflict with any of without practicing law. our obligations military, political U.C.A. to other countries, McCarthy 21171. or economic Trudeau said. Attorney General Opinions are published in detail by He repeated his The Daily Record when issued by the Attorney Generals is United Stales a the that view office. kindly, but uncomfortably strong Summary 971 Russia Offset To U.S. Power er 71-00- 78-53-2- 78-53-2- 5. 5. ed jieighbor. 4 J |