OCR Text |
Show WESTERN AMERICANA University nf Utnh Fait LkeCity, f ol 12 Ut'.ih UNIVERSITY OF UTAH UM ARIES DEC 51972 AERIALS ORDER DEBt SALT LAKE CITY, UTAH VOLUME 16, NUMBER 232 - Unnatural Loss of Big Cottonwood Creek Water Claimed v. UNITED PARK CITY MINES CO., Defendant Lower Court: City received adverse ruling on claim of diminished water flow by diversion to Spiro Tunnel. No jury. Supreme Court: Remanded for new trial on all issues. In deciding a case tried without the aid of a jury, the court has great leeway in deciding what are the facts as presented by the evidence before him. However, neither a judge nor a jury is permitted to go outside the evidence to make a finding." Justice F. Henri Henroid dissenting: It appears to me that we have the cart before the horse in concluding that the trial court erred in considering something outside the record and in forgetting that having the same obligation to examine the same evidence that he has to examine, we now prove ourselves guilty of the same sin by ourselves going outside of the record and reviewing the same evidence that we say convicted him, but acquits us. I suggest as guidelines to the next judge who will be faced with another 3000 pages, more or less, that his post-trireading habits be confined to poetry, that he employ his spare time preparing Gallup polls, use a ball point pen rather than a computer, and by all means, never speak to his son again." Plaintiff counsel: Joseph Novak, 520 Continental Bank Bldg. Defendant counsel: Clifford L. Ashton, 141 E. 1 S., Charles L. Maack See details page - . al Students Back Public Service Legal Canon, Law Dean Says - students also view the leea! with troubled concern, r not outright scorn. . Dean Ehrlich says hes "disturbet by how many law students. pictun the law profession as not simplj amoral but positively immoral...1 Since colonial times, there neve; has been unqualified public respeci for the legal profession. But it ha: rarely been viewed with as mucl disdain by as many who are about t( Ixicomc its members. In part this many stem from the im!ficaniiays' But far more host of forces makes many law students today more concerned' than in prior years with their own responsibilities for helping 9 there. Many law students today have absolutist notions of justice and injustice. Some urge simplistic solutions to social issues. Hut a change has occurred among law students generally in' the last half decade. Many more today liiim five years ago believe they tin vc a substantial obligation to others less fortunate than themselves, and they choose law as a vehicle to meet those obligations... Most students probably would agree that in the long run subsidized A should be the primary vehicles for delivering legal services to those who' cannot meet the market price for private arrangements Council for Criminal 383 ese students ,a the individual whether lawyer should not have some duty to provide his advice to those who ut While professional cannot pay. canons cite the professions duty to make legal counsel available, there are no sanctions for lawyers who refuse to perform this public service. Ehrlich notes that "a few years ago. many large firms found that less they were willmg to offer opportunities for pro bono publico work, the best law graduates would turn elsewhere, Many law students now are concerned that a depressed market foe new lawyers may eliminate or at feast dampen this interest on the part of major firms. "It seems incongruous that as the number of new lawyers has increased sharply, thus making possible the provision of legal ser- vices to many more people than ever Justice, commended the idea of repaying persons victimized by crime as "a creative and positive idea in an area crying out for them but said the laws now in effect fall short of the possible positive contributions that could be made. Goldfarb, speaking to a day-lon- g conference on compensating the victims of crime, said such laws are a uniquely intelligent, common-sensibl- e way to deal with crime problems but criticized all seven states for failing to include crimes against property in the coverage, for requiring financial need before compensation, and for putting a maximum on the amount possible. Its a mistake to leave out crimes which damage property which 75 per cent of criminal acts do but the costs of such programs and the limited finances of most state governments were the reasons the laws were designed to repay only victims with personal injuries, he said. SBA counsel, fact that many students have made their "second choice because ol sharply curtailed opportunities ir. before, other fields of graduate study, Idaho -- - A LOUIS, MO. (UPI) Washington attorney who is an authority on criminal justice has severely criticized the laws enacted by seven states to compensate the victims of crime. Ronald L. Goldfarb, president of the District of Columbia Citizens' ST. SALT LAKE CITY, Plaintiff & Appellant In- (ACCN) creasing numbers of law students believe the legal profession should establish and enforce an explicit public service obligation among practicing attorneys, Dean Thomas Ehrlich of the Stanford Law School writes in the current American Bar Association Journal While interest in law school has risen sharply, he notes, "more law Uphold Trust Deed Private Power of Sale Compensation Criticized PAGES BACK FOR NEW TRIAL 3000 STANFORD California Courts Crime Victim Utah Supreme Court Decisions - Capsule TUESDAY, DECEMBER 5, 1972 Seeking Elks Lodge Loan Recall - PHILADELPHIA (UPI) The Small Business Administration says It was seeking to get back a $7,500 re D I311 an Elks its to lodge which restricts bership '"white males mem-professi- comment. The $7,500 loan was believed to have been the first installment in a $19,000 loan approved by the SBA for the lodge, whose clubhouse was damaged by last summers Tropical Storm Agnes. Equal Protection Clause Idaho Probate Law Gives Men preference Over Women As Administrators See details page $ . REED v. REED, ADMINISTRATOR No. 70-- 4. In a recent decision the C.A. 2nd affirmed a trial court jury instruction that as a matter of law, a plaintiff was a "seaman within the provisions of the Jones Act (46 U.S.C.A., Sec. 688). The respondent sustained severe lung damage while working as a deep sea diver for the appellant corporations offshore drilling operation in the Persian Gulf. Respondent was injured while operating an underwater television camera which recorded the results of a "wet (fry docking operation. Noting that the Jones Act has been liberally interpreted to THE SUPREME Argued October 19, 1971 extend rather than restrict admiraltys traditional protection of those exposed to the circumstances warranted the trial courts ruling that the respondent was a seaman as a matter of law. The appellate tribunal also approved the trial courts refusal to furnish the jury with a present cash value table from the Appendix to BAJI 14.70, because the court "could find no California case which hold that the use of the present table is indispensible to a proper award of damages for loss of future earning capacity. Howard vs Global Marine, Inc., C.A. 2nd, Civ. 39704, Nov. 20, per Lillie, J. Sikes, Pinney & Matthew and Leon A Pinney for appellant; Lawrence R. Booth for respondent, (mpl) 1972, Prevails APPEAL FROM Deep Sea Diver Is Seaman As a Matter of Law . the tad teen given to the Elks in Lock Haven, Pa. An official of the lodge said they tad not received any notice from the federal government regarding the loan recall and had no further firni Probate Appeal Reversed 14th Amendment on In a recent decision the C.A. 4th affirmed a trial court judgment in an action against a savings and loan association and title company for wrongful exercise of a private power of sale in a deed of trust and conversion of the appellants personal property. Pursuant to the terms of the deed of trust and in compliance with Sec. 2924 of the California Civil Code the respondent creditor recorded a notice of default and a notice of sale was posted. A copy of the notice of default and notice of sale was sent by mail to the appellant's last known address. Prior to the the default the appellant left California without notifying the creditor. After the notice of default, but before the sale of the property was consummated, the appellant, who tad been arrested for issuing checks without sufficient funds, was committed to Atascadero State Hospital for treatment "until such time as the superintendent shall certify that he can assist counsel in his defense. After the sale, the appellant was declared to be able to understand the nature of the charges but the criminal procedings were dismissed in the interest of justice. The appellate tribunal rejected the appellants contention that Sec. 2924 was unconstitutional, in that it authorized a private power of sale against one whom the trustee knew to be incompetent. This contention ran counter to findings made by the trial court that the appellant was "under no legal incapacity from the time he purchased the apartment property. . .until at least after the trustees sale of the property. The court noted that commitment to a state hospital for the above reasons is not the equivalent of an adjudication of either insanity or incompetance. The appeal court also upheld the constitutionality of the section in that adequate notice is provided for and the failure of the appellant to receive notice was "undoubtedly the result of Ids leaving the state after his initial default in payment without in any way communicating with the respondents. The Count of Appeal did hold that the trial court erred when it found that the respondent did not convert the appellants personal property. However, since the trial court found as a matter of fact that the value of the property converted was $100, and the respondent had paid to the Department of Mental Hygiene (while the appellant was at the state hospital) $100, for the personal property, the appellant was entitled to no extra damages. Strutt v. Ontario Savings and Loan Association, C.A. 4th, 4 Civ. 11967, Nov. 21, 1972, per Kaufinan, J. Robert W. Battin for appellant ; Kellett, Oksner and Spada and Fitzpatrick & Wiley and D. Joseph Spadda for respondents, (mpl) COURT OF IDAHO Decided November 22, 1971 A mandatory provision of the Idaho probate code th&t gives pref- ereuce to men over women when persons of the same entitlement class apply for appointment as administrator of a decedents estate is based solely on a discrimination prohibited by and therefore violative of the Equal Protection Clause of the Fourteenth Amendment. 93 Idaho 511, 465 P. 2d 635, reversed and remanded. Burger, C. J., delivered the opinion for a unanimous Court. Silence Deemed To Be a Refusal The C.A. 2nd has held that an arrestees silence in the face of a police officers request for that individual to submit to a Vehicle Code Sec. 13353 intoxication test constitutes a failure to submit to the test. Vehicle Code Sec. 13353 provides that a person arrested for driving a vehicle while under the influence of intoxicating liquor must submit, without the benefit of having an attorney present, to one of three specific tests to determine intoxication. Failure to submit to a test will result in a six month suspension of the refusing individuals driver's licence. Sylvia Jean Lampman was arrested for driving a vehicle while under the influence of intoxicating liquor. Four times, the. arresting officer requested her to submit to one of the intoxication tests required by V.C. Sec. 13353. After each request, Miss Lampman remained silent. The Department of Motor Vehicles suspended her driver's license for six months pursuant to Sec. 13353, but by writ of mandate, the superior court vacated the suspension order. The Department appealed. |