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Show WESTERN Poriuli Ord:r Diurtfnnt University of Uteh calt LakeCity, Utah 0112 SALT LAKE CITY, UTAH VOLUME 16, NUMBER 146 Burns Demands Utah Supreme Court Decisions m AGREEMENT NOT TO APPEAL VALID Attorneys Fees Reversed C. G. HORMAN CO., Plaintiff & Appellant v. VIRGIL J. LLOYD, etux., et aL, Defendants WASHINGTON In 2D Quarter Government Worker Unions Rising Sharply NEW YORK (ACCN) There were ten times as many strikes by NEW YORK (ACCN) Uniroyal, workers in 1970 as there Inc. has reported a net income of government were ten years earlier, evidence, $16.9 million for the second quarter a new Tax Foundation, Inc., of 1972, a gain of 8.0 per cent com- says study of increasing militancy, of pared with the $15.6 million reported unionized workers in Federal, state for the same period last year. Net and local governments. The number income was the equivalent of 58 of strikes by these workers rose cents a share of common stock from 36 in 1960 to 412 in 1970, accompared with 53 cents last year. cording to the study, Unions and Earnings for the first six months Government Employment. of 1972 were $28.1 million, equivalent In 1970 there were approximately to 95 cents per common share, up 7.8 4 million government workers either per cent compared with $26.1 in unions or what the study calls million, or 88 cents a share reported quasi unions" or employee for the first half of 1971. Of the total, 2.3 million associations. Sales in' the second quarter and in were unions, 1.8 in associations. first half established new records The total, noted the Foundation, with gains of 4.4 per cent and 4.0 per so far, less than a third cent respectively. Sales for the represents, of government employees, but the second quarter were $484.8 million number is growing rapidly. compared with $464.2 million last of these unions is a The year. Sales for the six months period factor inmilitancy the sharp rise of governwere $912.6 million compared with ment payrolls to $110 billion," adds $877.3 million in 1971. Alfred Parker, Executive Director George R. Vila, chairman and of the Foundation. president, cited the enthusiastic Government unions have thus far reception in the marketplace for the confronted their companys new steel belted radial successfully because, ply tire and other new products, government employers said die tend to the study, employers improvements in the company's be and therefore inexperienced footwear, chemical and plastics somewhat inept." operations, and continued strong of the comparative Because growth in overseas markets as the of the government weakness principal reasons for the gains. in a strike situation, antiBased on our present forecasts," position laws have been put on the strike Mr. Vila said, the company looks books by the Federal government as forward to further gains in the third well as by 33 state governments. and fourth quarters." But, adds the study: Usually such laws have about as much effectiveness as a paper More Drug Tests Of Horses Prior To Racing Urged WASHINGTON (UPI)-Cha- rles Ginsberg, Jr., chairman of the Ohio State Racing Commission, has urged expanded use of pre-rac-e blood tests to guard against drugging of race horses. Ginsberg told the House crime committee July 27, that the combination of blood tests before a race and urine tests afterwards would effectively prevent horse drugging. Ohio currently does not have prerace blood tests for thoroughbred horses but I believe it is the obligation of the race tracks to do this, said Ginsberg. fence. Bargaining sessions between government bosses and workers might be better balanced, declared the study, if government made its own demands and took a careful look at work rules to improve efficiency. The Foundation concludes: When salary increases and benefits are warranted by legitimate services and skills.. .they should be granted cheerfully and with good grace. But to throw public money away through ineptitude or indifference makes no sense at all..." (UPI)-Wa- Ordered In J ersey Case ming that inflation again threatens to run Trial Court: Complaint dismissed and defendant awarded damages on counterclaim for new mortgage commitment fee and attorneys fees. Supreme Court: 1) Affirmed Judgment on counterclaim for $14,000 in damages. 2) In District Court case No. 31752 . . . agreement of parties not to appeal is valid. 3) Judgment for $6,000 attorney's fees reversed. Trial court had no basis for awarding such fees. Justice R. L Tuckett concurring in part and dissenting in part Justice J. Alan Crockett dissenting in part Plaintiff counsel: John G. Marshall; 72! Keans Bldg. Defendant counsel: Herschel Bitilen, 409 Boston Bldg. See details page 3 Uniroyal Data Shows 8 Gain Equal Beach Fees Pay Board Keep Lid on Wages fffplf Motel Financing Contract THURSDAY, AUGUST 3, 1972 rampant, Chairman Arthur F. Bums of the Federal Reserve Board has called the Pay Board today to crack down harder on the pay raises permitted U.S. workers. When Sen. William Proxmire, protested July 26, that Bums was offering no similar advice to the Price Commission, Burns said Proxmire should go after the D-Wi- s., commission. If the price commission is not doing its job, why don't you go after them?" Burns said. Go after them hard and God bless you in the process. But Proxmire complained that he had tried and failed to make the Price Commission cut back prices and profits as vigorously as the pay board squashed pay hikes it considered excessive. At a hearing of Proxmire's Joint Economic Committee, Burns proposed that the pay board abandon its guideline permitting pay increases of 5.5 per cent in favor of a lower guideline. He specified no level. greater rein on inflation is needed," he said, noting that contracts involving millions of workers in major industries will come up for negotiation next year. controls He said wage-pric- e should not be lifted before the election and implied they should remain in effect until all foe major 1973 contracts are signed. In other testimony, Burns backed a proposal made by some s congressmen to require a vote of the House to pass an appropriations bill exceeding the amount proposed by President A two-third- Nixon. He also suggested that Congress take a meat axe approach" to federal spending, lopping 3 to 5 per cent off every appropriation bill, almost without regard to the worthiness of the cause for which the funds are earmarked. Panel Told PI Victims Hazy On Claim Values ATLA ST. LOUIS, MO. (UPD Lawyers often have a harder time convincing an injured client of the actual value of his claim than convincing foe jury, the annual American Trial Lawyers Association convention was told here, July 27. The conclusion was drawn by a panel on evaluation and settlement of cases. Russell M. Baker of Dallas, a panel member, said the typical victim of an accidental injury had an exaggerated idea of the value of his claim. The trial lawyer is interested in seeing that his client gets what is rightfully his, neither more nor less," Baker said. The lawyer must decide in his own mind if the injured party has rightful legal claim. He then must make a realistic assessment of what would be a just settlement" he said. Before the late 1950s, according to According to Sidney B. Klovsky of the Foundation, most government also a member of the workers were indifferent and even Philadelphia, of all persons in99 cent panel, per highly resistant" to unionization. out of court cases were settled But by 1960, the picture began to jury 75 per cent of them were $3,000 or change. Members increased by less and 90 per cent were under about 100,000 every two years $10,000. between 1358 and 1962, New TRENTON, N.J. (UPI)-T- he Court has ruled that Jersey Supreme foe practice by some communities of charging visitors higher beach fees than residents violated the doctrine that foe seashore is a public trust. The court in its July 24 ruling also put off implementation of the decision until next January 1 because, It said, the various municipalities involved had already included this summers revenues in their budgets. The decision reversed a lower, court ruling upholding foe right of to foe borough of on fees neighboring impose higher borough of Neptune City. Avon is on foe sea front while Neptune is not. In 1970 Avon adopted an ordinance selling season badges to residents for $10, monthly badges to nonresidents for $10 and daily badges to visitors ranging from $1 Avon-by-the-S- ea to $2.25. went into the courts fees but the Superior the protesting in Monmouth division law Courts County upheld them. An appeal to foe State Supreme Court resulted in foe 2 opinion which will affect millions of ocean bathers in New Jersey. At one time, all New Jersey ocean front beaches were free, but with foe Neptune 4-- Uniform Probate Code Making Slow Progress ARBOR Just how many states will enact legislation revising their probate systems depends largely on foe initiative of lawyers, probate judges and other interest groups favoring change, according to University of Michigan law Prof. Richard V. Wellman; chief draftsman of the proposed Uniform Probate Code (UPC). The code in 1969 received endorsement from foe American Bar Association and the National Conference of Commissioners on Uniform State Laws. Since then, however, two states Idaho and Alaska have passed legislation modelled after the code. More than a n other states including Michigan, Arizona, Washington, Hawaii, Colorado, New Jersey and ANN development of highways and public transportation, crowding created foe need for additional services, and foe subsequent need for additional revenue by foe municipalities; ' .H The Supreme Court acknowledged that state legislation gave the . boroughs foe authority to .impose e fees, but said foe public trust doc-trin- comes from the English law principle that foe seashore belongs to foe sovereign for foe common use of all foe people and prohibits discrimination.' We are convinced it has to fellow that, while municipalities may validly charge reasonable fees for foe use of their beaches they may not discriminate in any respect between their residents and nonresidents." the court said common , half-doze- Pennsylvania have either introduced similar bills in their legislatures or shown favorable signs of interest," Wellman says. He predicts there will be a significant number of enactments" in foe next few years. But he adds, it will probably be five to seven years before we can gauge foe full significance of foe code in terms of nationwide legislative reform." The U-law professor is currently serving on a national group which is attempting to promote and explain foe code. Known as the Joint Editorial Board for foe UPC, the group recently began publishing a newsletter outlining the latest developments in foe reform effort. Basically, the code represents an attempt to take the settlement of estates out of foe hands of the courts, except in cases where creditors or heirs claim they are not receiving their fair share of an inheritance. Wellman acknowledges that the code has, in many states, received stiff oppostion from probate judges, probate staff, appraisers, bondsmen M and representatives of legal difnotes He also newspapers. ficulties in getting lawyers in- terested in the code. "Many he lawyers," says, wont read or to react it until they have to. Wellman suggests that consumer groups and law professors could be ' influential in pressing for foe codes acceptance. In foe final analysis," he says, the prospects for early enactment of the code may turn on foe degree to which interested consumer groups bring pressure on state legislators for probate reform." And, he adds, if enough law teachers start working with the code in their classes, in 10 years or so, most lawyers will no longer recoil at foe words Uniform Probate Code. Cigarette Sales Up; FTC Asking Tougher Warning WASHINGTON (UPI) With cigarette sales at a record high, foe Federal Trade Commission (FTC) has urged Congress to require stronger health hazard warnings about foe dangers of smoking, and said foe government should buy newspaper ads and radio and television time for messages. The Commission, which is charged with making annual reports to Congress under the Public Health Cigarette Smoking Act, issued a supplement report July 26, showing that a record W7.2 billion cigarettes were sold last year, well above foe previous high mark of 540.3 billion . anti-smoki- ng units sold in 1968. The Commission believes now, as it has in previous years, that a more strongly worded warning statement would be in foe public interest, the FTC told Congress, adding that this should be accomplished by amending foe law. Since November, 1970, foe law has required that all cigarette packages bear foe statement, Warning: The surgeon general has determined that cigarette smoking is dangerous to your health." The FTC in previous reports has the be proposed warning strengthened to state that cigarette smoking is a widely recognized danger to human health which may cause death from such serious diseases as cancer, coronary heart disease, chronic bronchitis and pulmonary emphysema. The supplemental report noted, however, that while per capital consumption rose for the first time since 1966, it was still well below foe 1964 level |
