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Show Ferialb Ordr Dijartmnt University of Utah B1X2 LeksCity, Utah calt salt lake city, VOLUME 16, NUMBER 99 Congressional Record May Be Pared to Size Utah Supreme Court Decisions . m Judgment-Garnishme- Pipilf nt PREFERENCE OYER OTHER Utah By Frank Eleazer WASHINGTON (UPI) Rep. Bella Abzug, did not wipe out laws with her 137 of and remarks articles on the pages - CREDITORS HERSCHEL J. SAPERSTEIN, Trustee in Bankruptcy of the Estate of INC, Plaintiff BURGER-IN-THE-ROUN-D, v. HOLLAND, McGILL & PASKER, Defendant & Appellant Trial Court: Taking $5,708.15 from bank account by garnishee-judgme. . . reasonable cause to believe debtor insolvent . . . constituted a preference to a creditor as provided in (a)(1) of Section 96 of the Bankruptcy Act . . . consequently recoverable by Trustee in Bankruptcy. Supreme Court: Affirmed. Subsection 19 of Section 1 of the Bank"A person shall be deemed insolvent whenruptcy Act: ever the aggregate of his property shall not at a fair valuation be sufficient to pay his debts." Plaintiff counsel: John H. Allen, 4000 Kennecott Bldg., Cannon, Greene & Nebeker Defendant counsel: Donald Sawaya, 2805 So. State See details page 4 . nt ... D-N.- anti-aborti- on subject in the Congressional Record of May 2. Nor did Rep. Ronald V. Dell urns, end the Vietnam War with his Congressional Record reprint of the Kissinger Papers on May 10 and May 11. But with their long, costly inserts in the Record, the two freshman lawmakers may turn out to have f., 86-pa- ge TUESDAY, MAY 23, 1972 Consumer Cash 70s Housing Problem ATLANTA The real (ACCN) Savings and Loan League, said here, May 15, at the 52nd Annual Conference of the National Association of Mutual Savings Banks. Because of qjianges- in the structure of the mortgage markets, he said, the availability of mortgage - accomplished something many senior members have been talking about for years without much success: cranking up machinery to make the Congressional Record at least passably honest. Without any reference to the, Abzug and Dellums insertions or to The their estimated printing costs of WASHINGTON (ACCN) 157 listed of and has the Department Justice $21,000 $13,000 respectively that joint committee on printing in the school districts in 25 states Bus Moratorium Could Affect 157 Districts ABA Bar Bar- Close cooperation organized bar and the judiciary is bringing about significant progress in court D.C. and the adimprovements of ministration justice, American Bar Association President Leon Jaworski has emphasized. Speaking at a Federal Bar Another way the ABA is seeking to improve the judicial process, Jaworski said, is by making legal services more readily available, especially to persons of low or modest income. He noted that the vehicle for excessively long material insertions which result in Association has supported inordinately high costs." "establishing the federal Legal The trouble with the Record is that Services Program on a permanent, as printing costs have risen (from nonpolitical basis," and is exploring $110 to in so far other means of widening the this per page 1966, $155sessions , Congressional year), availability of legal services. have lengthened and members have "We are encouraging wider extaken fuller advantage of their right perimentation with the ides of to "revise and extend" their Judicare, and sponsoring ex- remarks. perimental programs for providing Publication of the Record now prepaid legal services through constitutes the biggest, most exgroup plans. We are also seeking to pensive, most difficult job of the improve the training and widen the Government Printing Office, the use of legal paraprofessionals, as a world's largest printer. The Record means of the cost of Association luncheon in the Senate caucus room, the Houston attorney pointed to a large and complex effort being conducted on many fronts" by the ABA, state and local bar associations and other groups. Many of the steps, he said, were initiated by the bar in response to needs of the judicial system defined by Chief Justice Warren E. Burger. Jaworski noted that the ABA has reducing responded to these needs by he added. in four services," spearheading improvements main, legal judicial and conduct, criminal professional justice, legal services and court administration. He pointed out that an ABA developed canons governing the behavior of lawyers, the Code of Professional Responsibility, now adopted in almost all of the states. The Clark Committee investigated enforcement of professional discipline. Another set of canons for judges, d the Code of Judicial Conduct, will be submitted for approval by the ABA House of Delegates in August, he added. At the same time the House will consider recommendations to enlarge the participation of judges in ABA newly-complete- activities. Jaworski said that the Association has greatly contributed to the improvement of the criminal justice system through two major projects: development of the Standards for the Administration of Criminal Justice, and the work of the Commission on Correctional Facilities Auto Warranty Bars Payment, Court Declares - An FLA. (UPI) ruled court the that has appeals purchaser of a new automobile has the right to expect the car to perform properly and as represented by the dealer. The 2nd District State Court of Appeals reversed, May 17, a lower court judgment in favor of Chrysler Credit Corporation, Brooks-Masse- y Dodge, Inc., of Tampa, and the Chrysler Corporation. LAKELAND, The Ronald W. Rehurek, had charged that the car purchaser, began giving him trouble shortly after he purchased it. He said it had a malfunctioning air conditioner, an oil-burni- ng engine, is expected to cost $10 million this year. Its daily editions frequently areas: committee 17 edition of the Record announced its intent to make Congress own daily newspaper "substantially a verbatim report" of what actually has been said and done in the two Houses of Congress. Pending new rules to be adopted soon, the committee told members the Record was not to be used "as a May between the WASHINGTON, front-en- d vibrations, and faulty brakes, and that he had taken it back a number of times for repairs. and Services. He returned the car to the dealer He called the criminal justice standards "the most comprehensive after about three months, and inand innovative set of recom- formed the credit firm he would mendations for improvement of make no further payments. The credit company repos sed and criminal justice that has ever been sold the car and then sued Rehurek tendered for the American legal for the amount still due on his system. The corrections com- contract. The Hillsborough County mission is conducting a comof Court Record had ordered prehensive program for upgrading to a Rehurek pay judgement to the rehabilitation procedures and prison three corporations. Rehurek conditions. credit will not be as crucial a problem in the 1970s as it was in the latter 1960s. Instead, he continued, the problem of the 1970s will be the fact that more and more American families are not able to buy and rent houses at the prices and rentals that are demanded. "We took care of that problem in the 1960's and in earlier years by liberalizing downpayments on houses and extending maturities on mortgage terms every time building slowed down," Farry commented. Through this liberalization, we kept shoving further and further into the future the problem of housing costs costs of land, labor and problems ahead for housing are not in the area of financing, but in the attitudes and financial abilities of John P. Farry, consumers, of the United States president exceed 300 pages. the Abzug and Dellums insertions pointed up was a conWhat tinuing flood of stuff printed in the Record either in the form of speeches that never actually were delivered or of "extraneous matter related to speeches, whether delivered or not. (UPI) - Con- abortion law century-ol- d remains in effect for the time being under a temporary stay issued by the 2nd U S. Circuit Court of Appeals. The order, issued in Manhattan, directs the U.S. District Court in Hartford, Conn., to reconsider whether to issue an injunction that would bar Connecticut from prosecuting under the abortion law. The purpose of the injunction consideration is to allow the case to be brought before the U.S. Supreme Court. The High Court can act in the matter only if the issue of an injunction is involved. A three-judg- e District Court panel in Hartford split 1 in a decision, April 18, that ruled the abortion law unconstitutional.' The panel, on a similar 1 vote, later refused to issue a stay sought by the state ir order to appeal its case and keep thj UW (Ml the bOOkS in th necticuts 2-- 2-- for the desegregation of public schools. According to records available to the Justice Department and the Department of Health, Education and Welfare, the two categories of school districts that could be affected are: AJ. least 45 districts to which the moratorium on new busing orders may apply. These districts are involved in some stage of litigation or administrative action. At) least 112 districts that have implemented or been ordered to implement new student assignment plans . since the Swann decision a year ago. In. addition, HE W has supplied a list of 20 school districts as examples of desegregation plans involving racial balance. Section 202 of the proposed Equal Educational Opportunities Act states that The failure of an educational agency to attain a balance, on the basis of race, color, or national origin, of students among its schools shall not constitute a denial of equal educational opportunity, or equal protection of. the laws." Abortion Law Wins Reprieve NEW YORK standards Noting that it has been necessary resort to interest subsidies in order to enable families to carry to - could be affected by President Nixons proposed legislation to place a moratorium on court-ordere- d busing and to establish uniform national materials. The lists are not intended to be all inclusive and there may be many other districts in these categories. The list of districts that could be affected by the moratorium includes those whose cases are pending in federal district courts, whose casses are on appeal, and whose cases are in formal hearings before HEW. The districts on the second list have implemented or been ordered to implement new nr revised desegregation plans since the Supreme Court ruled in the case of Swann v. Charlotle-Mecklenbur- g Board of Education on April 20, 1971. Sec. 406 of . the proposed Equal Educational Opportunities Act stales that "On the application of an educational agency, court orders in effect on the date of enactment of this Act and intended to end segregation of students on the basis of race, color, or national origin shall be reopened and modified to comply with llie provisions of this Act." The extent of modification that a school district could expect to obtain would depend, of course, upon the limitations on busing established by Congress. increased mortgage payments, . Farry expressed concern about the ability of the housing industry to maintain a competitive position in terms of the variety of "dollar ballot" options available to the American consumer. "We have played out the string in terms of liberalizing credit to bolster the housing market," he said. Subsidies perhaps have some role, bid I dont think the American taxpayers are going to permit tens of billions of dollars poured into housing subsidy programs. What we have got to do is zero in on the problem of costs and prices. And the starting point for this effort is to assure that the economy generally is moving into a position, he concluded. ry Pesticides Lawyer Says DDT Foes Err By William B.Mead WASHINGTON (UPI) - Wit- "Scientific experts have con- nesses who testified under oath about the alleged hazards of DDT have been accused by a pesticides industry lawyer of failing to tell the truth. He named four scientists. sistently taken the position of advocates" against DDT, Atty. Robert L. Ackerly told an Environmental Protection Agency (EPA), May 17. The hearing was the EPAs final one before it must decide by June 15 whether to ban DDT. The testimony challenged by Ackerly was given during previous hearings on behalf of environmentalists seeking elimination of the pesticide. "I am challenging much of the testimony given by witnesses for EPA and the Environmental Defense Fund (EDF)," Ackerly said. Some of the witnesses in this hearing were not truthful, he added. Ackerly then cited alleged flaws in scientific data presented by Robert Heath, a biological statistician at the U.S. Patuxent (Md.) Wildlife Research Laboratory; Dr. George Woodwell, an ecologist and EDF founder associated with Brookhaven National Laboratories on Long Island; Dr. Joseph Hickey, a University of Wisconsin ornithologist; and Dr. Samuel Epstein, a physician at Case Western Reserve, Cleveland. Asked after the hearing whether he was accusing the four of perjury, Ackerly said he was not. |