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Show Serials Order Department University of Utah City 8112 SALT LAKE VOLUME 17, NUMBER 168 Ninth Circuit Court The Ninth Circuit Court of Appeals, rejecting legal fictions" as not a sport for the unwary," reversed a district court finding that the bankruptcy court did not have jurisdiction over an fund in the constructive possession of the debtor. The debtor corporation factored its accounts with a financing company. It later recorded a financial statement acknowledging that another company had a security interest in the accounts and authorizing the finance company to pay to that firm the proceeds of the receivable accounts. The government intervened with a notice of levy, claiming the proceeds as due fa taxes owned by debtor corporation. Before the issue could be decided, the debtor corporation filed for voluntary bankruptcy. The bankruptcy trustee instituted a turnover proceeding to recover the fund, and the referee exercised summary jurisdiction over it despite the governments protest. The creditor companys claim was held superior to that of the government. The governments appeal to the district court was successful. That court found that the bankruptcy referee erred in asserting summary jurisdiction. The appellate courts only inquirty was whether 'or not the debtor corporation had ponstructive possession of the accounts receivable fund at the time it filed fa bankruptcy. Since the money was held by some other person who makes no claim to (the financing company) this falls squarely within the ' Co. v. Fox. The debtor language of in asset he has any colorable which constructively possesses any interest when the person in actual possession does not himself assert any interest in it." Characterizing the government's theories as fictions," the panel concluded that such should be avoided when the result is, as here, to fragment and to delay the administration of bankruptcy proceedings." Clements v. Internal Revenue Service, USCA 9th, Aug. 17, 1973, per Hufstedler, J. (jjm) Taubel-Scott-Kitzmill- Deputy Attorney General Robert B. Hansen announced his candidacy for the United States House of Representatives from Utah's Second District. Congressional 'in announcing his candidacy, Mr. : Hansen - states Robert er have no panacea for the complex honors from the University of New problems that confront us. I know that Mexico with a degree in electrical inflation, for example, is a monster engineering. There he was elected to Tau that has many heads and facets. I membership in Sigma Phi believe that it is inevitable, however, and Kaapa Fraternity Engineering that we shall reap as we sow and we Phi Scholastic Fraternity. cannot year after year after year spend Family Court more than our available income allows Mr. Hansen is a member of the without reaping the result of financial Family Court Committee and irresponsibility and inflation. " previously served on the Economics 7 will run a vigorous and clean race Committee of the Utah State Bar. He that hopefully will contribute towards graduated from the Brooking Inrestoring confidence in the elective stitute Course in 1972 and spent several years in the Ute Conference process. I will strive to obtain the funds necessary to conduct this campaign Junior Football Program and was from a broad base of contributors, as 1 President of the East District in 1970. am determined to remain independent, He presently is an Explorer Scout as 1 am now, in order that Imay totally Leader. and impartially serve the public Mr. Hansen is married to the former " Jean Seal and they have five children. Mr. Hansen practiced law in Salt Mr. Hansen, who is the first canLake City and Tooele for eighteen didate to announce for the House of years before assuming the state's Representatives in the 1974 elections, second highest legal office in 1968. met with news media at a surprise A graduate of the University of news conference in the Senate Iounge California Law School (Hastings) in of the State Capitol. 1949 where he finished third in a class of two hundred students, Mr. Hansen was elected to the Order of the Coif. He previously graduated with high B. Hanson Big Blows Secret Service Records Calls To White House 71-14- Panel's Reversal of Pro Se Denial Splits Judges ' A panel of the' Ninth Circuit Court of Appeals has reversed a district court judge who had denied the motion of an unruly bank robbery defendant to represent himself. The panel also held that a defendants request to have grand jury proceedings recorded must be granted unless the government Droves a legitimate and compelling interest." The decision provoked another member of the circuit to ask ; for an en banc reconsideration'TIF the casq. That move was defeated by a majority of the active members of the court a spirited dissent by five judges, expressed in an opinion by Circuit Judge Wallace. The dissenting five felt that the panel opinion and the circuit judges refusal to consider the case en banc embarks us on uncharted waters fraught with yet unseen shoals. The trial judge had, in their opinion, acted with extraordinary patience and judicial temperance when faced with a continually unruly defendant" who was not only flagrantly disrespectful in open court, but exercised his four-lettvocabulary. They held that Absolute constitutional no there was right to represent ones self bind or gag obstreperous to allowed at trial if the court is defendants (Illinois v. Allen). The complete demeanor at the defendant must be taken into account by the trial judge who alone observes his conduct in court. Hie trial judge must therefore have wide discretion in granting pro se motions made by such defendants. Hie need far a compelling interest to defeat a motion for recordation was also denounced by the dissenters, since Federal Rule of Criminal Procedure 6(d) uses the permissive term may" and the panel's holding "virtually eliminates such discretion. U.S. v, Price and Coffey, USCA 9th, Aug. 17, Hufstedler. (Wallace, joined by Choy, Trask, Wright, 1973, per and Goodwin, dissenting.) (jjm) and-prompt- ed er 8, 9, Bremer Appeal - WASHINGTON (UPI) The Secret Service maintains it has ttic right to record telephone calls to the White House as a means of protecting the President, without letting the caller know. The Secret Service claim came in response to a complaint filed with the Federal Communications Commission against the Chesapeake & Potomac Telephone Co. and the American Telephone & Telegraph Co. by Robert E. McCann of Hillsborough, Calif. The electrical engineer charged that a phone call to the White House he made last October, complaining about the President's Vietnam policy, was recorded without a beeper" warning, as required by bX)C rules. He said a man identifying himself as a secret service agent told him we record all incoming calls. A Secret Service spokesman has 53-ye- ar on the argument that pretrial publicity denied him a fair trial and violated his constitutional rights. Lipsitz said the case would be appealed to the U.S. Supreme Court if rejected by the state's highest court. The right of appeal is open to him and he should avail himself of it." the attorney said. Federal prosecutors said recently they would see if the state charges are upheld before deciding whether the former Milwaukee busboy will be tried on federal charges. i (UPD-Oklah- oma MASS. NEWTON, City rates as the windiest city in the United States, with Great Falls, Mont., second and Boston denied such a response was made to third, according to the Mt. Auburn here. McCann, but said that the agency Research Associates, Inc., has been granted an exemption from the beeper requirement. The spokesman said police and fire departments are also exempt, and that the Secret Service records calls only if they pertain to threats to any person or property, or bomb threats. Attorneys for the Secret Service said the, phone companies had been advised ihal security responsibilities tariff take priority over requirements the regarding Am. Judges Assn. Opens Drive For New Members SAN FRANCISCO (ACCN) The American Judges Association, customer recording of telephone over 1,500 courts in the conversations if they are in con- representing continental U.S., Puerto Rico, the flict. Islands, Samoa and Guam, The lawyers said that after the Virgin its annual precommenced has Senate Watergate committee heard conference membership campaign, testimony about existence of taps on Judge Michael Donohue of Holyoke, While House telephones the comMass., AJA executive director and panies had sent the White House a national membership campaign letter concerning compliance with has announced. and received a director, tariff provisions Judges who enroll before the reply the taps had been removed. AJA 1973 annual conference in Paper Says Key Race at N.Y. Tracks Fixed Boston in October will be enrolled in the American Judges Association for 1974, and will also automatically YORK (UPI) A federal investigation has found that nearly all of the Superfecta races run at Roosevelt, Yonkers and Monticello Raceways during the first three ns )!'lh- - r.f lir3 were fixed, the New American NEW York Lines reported in its Sep-'tnh- 'i r '.viihon rhe Times said sources rinse to the proh estimated the fixer: n ted million from January 1 atBALTIMORE (OPl)-T- He for is Arthur Bremer torney taking his client's state conviction and sentence for the wounding of Alabama Gov. George C. Wallace to the Maryland Court of Appeals. Bremer, 23. was indict'ed last fall for the May 15, 1972 shooting of Wallace and three other persons at a laurel. Md.. political rally on the cvc of the state's Presidential primary. F. Lipsitz said Benjamin t Bremer's third appeal will be based WEDNESDAY, SEPTEMBER 12, 1973 Deputy Attorney General Announces Congressional Candidacy Bankruptcy Court Had Jurisdiction Over Fund it,' CITY, UTAH .AVtn. The Superfecta was eliminated earlier this year at the three harness k thicks aft er Betting Corp. officials found peculiar cashing patterns on Superfecta payoffs at several OTB offices and gave the information to federal authorities. ' The Times said 20 persons, including five with ties to organized crime, are expected to be indicted by federal grand jury in the next few weeks its a result of a joint probe by the FBI and the fixleral strike force Off-Trac- receive against organized crime from the Brooklyn U.S. attorneys office. n harness .oral are drivers, sources told the Times. Authorities questioned some 50 witnesses before a federal grand jury in the investigation, the Times S. well-know- said. a Superfecta wager, a must pick the first four horses in ihe exact order they cross the To wiii IxMtor finish line. However, if a dishonest bettor can membership in the Judicature Society for 1974, Judge Donohue states. American The Judges Association, organized in 1959, has sponsored 12 annual conferences for the judiciary. Together with the American Judicature Society, it has organized the American Academy of Judicial Education, which, in the last four years, has conducted educational programs for more than 1,200 judges on national, regional and state levels. AJA membership is open to all persuade two drivers in an eight-iio- r appellate judges, general trial . JVld to finish out of the first judges, and judges of courts of four while the bettor plays all special and limited jurisdiction possible combinations of 'the Dues are $40.00 per year. remaining horses lor $1,080, the Judges interested in AJA mem on the a still turn kttor can profit bership should contact the AJA race, where payoffs often exceed National Headquarters. Box 1399. several tlmusand dollars. Holyoke. Mass.. 01040. or the AJA And if more drivers agree to threw Public Relations Department. 480 the race, the dishonest bettor can City Hall. San Francisco. Calif. 94102. wager a much smaller amount. I , |