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Show Far lull PnJ:r (Vj.jr ti- nf 0w MSRSS - University nf Ut'ih fait UakeCity, Ufc'h Drii.!iS!T OF UTAH M&i.Rn DEC 51972 ,R1ALS ORDER DEPL SALT LAKE CITY, UTAH VOLUME 16, NUMBER 231 Justice Reardon Receives NAJA Award of Merit Utah Supreme Court Decisions - Capsule - SEWER CONNECTION FEE CONSTITUTIONAL HOME BUILDERS ASSOCIATION OF GREATER SALT LAKE, Plaintiffs & Appellants v. PROVO CITY, Defendants Trial Court: Judgment in favor of defendant. Summary judgment denied on ground that ordinance (sewer connection fees) was valid. Supreme Court: Affirmed. In Murray City v. Board of Education of Murray City School District this court denied the characterization of a sewer charge and connection charge as a revenue measure and stated that such charges are neither taxes nor assessments but payments for services furnished. Provo City was within its statutory authorization to exact a reasonable charge for the right to connect and use the sewer system. Plaintiff counsel: LaVar E. Stark, 2651 Washington Blvd., Ogden Defendant counsel: Glen J. Ellis, P.O. Box 799, Provo See details page 4--. Justice Paul C. Reardon of the Supreme Judicial Court for the Commonwealth of Massachusetts, and President of the National Center for State Courts, was presented the 1972 Award of Merit of the North American Judges Association, popularly known as NAJA, at the 12th International Conference of the North American Judges Association at Coronado, California. The NAJA Award of Merit is an annual award to a member of the judiciary in recognition at an outstanding contribution to the improvement of the administration of justice, and this year was made to Justice Reardon for services rendered in the formation of the National Center for States Courts. U.S. Grand Jury Witness Must Be Told Right SEC RULE 144 On the even of the date of tiveness of Rule 144, the Joint Committee presented a Course Reof Study on SEC Rule 144 stricted Securities and Distributions: The Acquisition and Disposition of Securities Under New SEC Rules. The program, which was held in Los Angeles on April 13 and 14, 1972, offered a comprehensive study of the effects of these new rules. The transcript is paperbound, 8 4 x 11 inches, 264 pages in length, and priced at $25.00 (plus $1.75 postage and handling charges). It may be ordered from The ALI-ABJoint Committee, 4025 Chestnut St., Philadelphia, Pa. 19104. effec- ALI-AB- A A Penn Lawmakers Won't Impose Sex Blue Laws HARRISBURG, PA. - New Jersey Now Has Greatest People Density themselves or their testimony cannot be used against them. In the precedent-settin- g ruling, New Eisele extended the U.S. Supreme TRENTON (ACCN) by Courts Miranda decision to federal Jerseys population increasedwhen 1970, 1, between 131,888 July grand juries in a case involving a was Census taken, the United States Tulsa, Okla., book wholesaler. to a "A witness before the grand jury, and July 1, 1971, according Labor the State from and report especially an employee of a Business of Office company or corporation under inDepartments Economics. vestigation by the grand jury, must The report, which confirms a be warned that he might be inheavy shift of population and prosecuted and that his testimony to the central the from city might be used against him and that dustry a he has the right not to incriminate outlying suburbs, projects million ten than more of population himself, Eisele said. "If he is not so by the year 2000. warned, that testimony and its fruits not be used against him." "The distribution of increased may Several federal appeals courts will be uneven have taken the population opposite position in throughout the State, with a consimilar cases, but the U.S. Supreme tinued shift away from the major Court has not made a ruling on the urban core colters and toward the matter. suburbs and outer fringes," said Dr. The case involves Paul E. Kelly, a Henry A. Watson, director of the and book wholesaler who magazine Office of Business Economics. was subpoenaed in September to Hie report, issued Oct. 10, notes before a federal grand jury that the 1970 U.S. Census counted testify investigating a North Little Rock, 7,168,164 persons in New Jersey. But book store specializing in when the figures were adjusted by Ark., books and sexually-oriente- d the State, this population count was to testify refused magazines. Kelly 71,171,112, said Dr. Watson. U.S. Attorney W.H. He added that by the even after was not estimated population had risen to Sonny Dillahunty said he in criminal and case suspect any 7,303,000. of indicted. in no was being danger "The 1970 census tabulations before was taken He Eisele, who confirmed that New Jersey, with - . The (UPI) Pennsylvania House, which passed an abortion bill described as one of the toughest in the country, has nevertheless rejected an amendment that would have made ' premarital and extramarital sex illegal. I cant help wondering how many in this room engaged in premarital mid-197- 1, sex," Rep. William Shane said ih a floor speech before the amendment 957.2 persons per square mile, is the November 21. "Let him most densely populated of all the fell, states." who is without sin cast the first lyes vote. Also, he said, while New Jersey is The amendment, sponsored by the the fourth smallest in area of all the states in the nation, it is the eighth same man who drafted the P Martiii bill. Rep. largest in population. The density in municipalities Mullen, would have made adultery a misdemeanor and fornication". a ranges from West New York in summary offense. Both acts 'are Hudson County, where more than considered crimes under the current 45,000 live on each square mile, criminal statutes and Mullen wanted across the Hudson River from to have his amendment included' in Manhattan, to Pahaquarry Townthe new criminal code which did ship in rural Warren County, adjacent to northern Pennsylvania pass the House, November 21. four persons per Since the principal use (of the old with fewer than mile. statutes) has been te blackmail square What of the division of the sexes? persons in property settlements, New Jerseys men are losing then it is time to change the law," ground, Dr. Watson said in the Rep. Robert Wise said. But Mullen argued that the report. "In 1960, there were 99.1 men 'amendment would reassert tne for every 100 women, but in 1970 the ratio had slipped to 93.7 men tar legislatures responsibility to every 100 women." "protect the family unit." 73-1- 1, .anti-abor- tion LITTLE ROCK, ARK. (UPI) -U.S. District Judge G. Thomas Eisele has ruled that witnesses pppearing hefore federal grand juries must be warned that they have the right not to incriminate statement said Dillahuntys amounted to immunity from prosecution and he could not refuse to answer the jurys questions by citing his fifth amendment rights. Kelly still refused to answer the questions and Eisele found him in contempt of court. Kellys attorneys said Dillahuntys suggested immunity was not legally binding and requested statutory immunity, which must be given by the U.S. attorney general, before Kelly would testify. Kelly was released on bond after he appealed the contempt citation. MONDAY, DECEMBER 4, 1972 Utah Govt. Employees In Ten Years Up 90 Report by Utah Taxpayers Assn. FEDERAL GOVERNMENT was Utahs largest single employer in 1971 with a total of 39,998 full and part-tim- e workers. The second largest employer in the state was local government with 38,170 employees. In third place was the state with 26,448. All levels of government employed 104,616 persons. WHILE UTAHS POPULATION GREW 17 from 1961 to 1971, the .number of state-locgovernment al Blue Shield Seeking 10 Hike in Rates NEW YORK (UPI) be good news: "A significantly improved program of physician-car- e coverage" that will pay all doctors services in a hospital and all surgical costs, no matter where it is performed hospital, office or home. However, because of current New York State Insurance Department rules, the plan can only be offered to union members working in shops with 100 or more employees. The rules also require that the employer pay all of the premimums for the plan, and that it be an item for negotiation with the union. Under the best current plan available, the executive indemnity better benefits family contract,-thcost per month is $8.60. The new will cost $13.75 plan, called a month. "Were trying to get the . e UC-90- P, state insurance department to loosen the requirements . a Blue Shield spokesman said. Under the proposed rate increase, all better benefits contracts now in existence will average between fifty cents and $2.75 a family, depedning somewhat, on the contract carried. New U.S. Rules Of Evidence Set for July 1 of evidence which will apply to legal procedures in both civil and criminal trials. Among other things, cross-examinati- on trials witnesses will be in less restricted. Most of the 93 U.S. District Courts have been free to formulate their own rules for examining witnesses, admission of evidence and other courtroom practices. Many have borrowed heavily from the states where they are located. al 68. lion to $31.9 million, or 162. In the decade, Utahs population grew from 936,000 to 1,099,000. 17, FEDERAL EMPLOYEES. In the 1961-7- 1 period, the number of Federal government civilian workers increased from 29,100 to 39,998, or a rate about twice as fast by 37 as Utahs population. STATE The EMPLOYMENT. growth of state government workers outstripped all other categories. The 99 increase, from 13,300 to 26,448 was almost twice the growth of local employees. It was over two and a half times faster than Federal employee growth. It increased almost six times faster than the states population. Monthly state costs payroll (October) jumped from $3,955,000 to $13,727,000, 247 in the ten year period. 24.3 MENT or OF AL UTAH EMPLOY- in public sector. Governments in Utah Federal, state, and local accounted for 24.3 of the states civilian employment in 1971. In 1961, 19.8 of Utahs workers were on the public payroll. EDUCATION EMPLOYMENT. Education, the most costly function of state-locgovernment, accounts for over half of personal service outlays. At the state level, over half of the workers are employed in education at the local level, al 69. MOUNTAIN FUEL DRILLING NOTES A new drill-ste- m test of the Brady Unit No. 1 wildcat well in southwestern Wyoming, where apparent commercial quantities of oil and natural gas For the (UPI) first time, all federal courts will be provided with a set of uniform rules of THIS SHOWS THAT Utahs full state-locand part-tim- e government workers increased from 38,400 in 1961 to 64,618 in 1971, an increase of Monthly payrolls (October) costs rose from $12.2 mil- SALT LAKE CITY - WASHINGTON material is the "Statistical Abstract of the U.S., also published by the Bureau of Census, and the Department of Employment Security Reports. Utah Government Employment-19- 61 to 1971 Blue Shield, the outfit that helps pay doctor bills for more than six million metropolitan subscribers, has some bad news, and some good news. First, the bad news: Blue Shield, or United Medical Service,, is requesting a 10 per cent rate hike for holders of their better benefits contracts. Leonard J. Raider, president of the Service, said that the hikes would affect some 1,713,000 scrubers. Raider also announced what may criminal could not Eisele ruled that Kelly have been prosecuted since courts have ruled that a government attorney cannot assure a witness that he will not be prosecuted and then file charges against him. He said Kelly was also protected by the extension of the Miranda decision. - employees increased at a rate four times as great, and monthly payroll costs increased at a rate over nine times as fast.. GOVERNMENT EMPLOYMENT DATA shown below is taken from the U.S. Census report "Public Employment in 1971. Other source were discovered in the Nugget formation in early October, was conducted in the deeper Pbosphoria formation and produced sour natural gas. On a four-hou- r test conducted at a depth interval between 13,375 and 13,483 feet, natural gas flowed at a rate of 3,710,000 cubic feet a day with some evidence of condensate, said B. Z. Kastler, president of Mountain Fuel Supply Company. The gas, however, contains significant quantities of impurities such as hydrogen sulfide and therefore will likely be of lower Btu value, he added. The No. 1 well, which encountered both oil and natural gas in the Nugget formation, is projected for a depth of 15,500 feet in the Madison formation. V |