OCR Text |
Show ri I S Or t. !WPer nt Univrrflit'yof Utah Libraries Salt Lk" City, Ut"h 8 112 WESTERN AMERICANA Local Business Activity UTAH ECONOMIC AND RUSHES , REVIEW llua liar 1'i'lHu.iry 1071 I jo liar Salt Lake City Luana. lUNiimvririal Hankah (million of dollara) Dumaiui IXfMaiU, 1'ommerrlal Bank1 (milium ui dollar) Commercial Hank1 (mllliona of dollaia) Tima Hank Ikthita (nullum of dollara) . Huai Kalina Salea: Number Value (ihouaaiulu of dollara) Non -- A. EmpUiymenl (Salt Luka ami So. IVma Cmintii'a) irtaaiaaiids) Piottal Rvccipta (Ihouaaml of dollar) . . . . Total Permit ConatniLtlun (Ihuuaanda uf dollara) New Dwellinn I tail (mimherlB WEDNESDAY, MAY U, VOLUME 15, NUMBER 91 SALT LAKI CITY, UTAH LKAL NOTICB: rONTROL CHANGES Lawmakers Ski Park Settle Indian West City Seek Change in San Bernardino, California Life Land Suits at Resources Incorporated (LRI), erly Fidelity Capital Corporation, 37.6 Average Negligence Law has entered into an agreement to N.Y. form- - of the acquire approximately 80 issued and outstanding shares of stock of Ski Park City West, Inc. (Ski Park), a Utah corporation, from a few Ski Park stockholders in exchange for shares of LRI. LRI is a company with emphasis on food, shelter, and recreational of activities. A bill ALBANY, N.Y. (ACCN) which would change the concept of Jurisprudence in New York con ceming the law of negligence waa pawed yesterday by the Assembly. The Mil, sponsored by Assem. blyman Stanley Fink, would abrogate the doctrine negligence which has in this state since 1809 it with the rule of negligence as enun"Wisconsin ciated in the contributory been in force and replace comparative so-call- Rule." The bill would amend the present law to provide that in an action for personal injuries the fact that the plaintiff may have contributed to the happening of the accident shall not result in a complete bar to recovery provided it is lesser in degree than the negligence of the defendant. Damages would be diminished in proportion to the amount of negligence attributed to such The plaintiff. philosophical Justification for the rule of comparative negligence has been debated for many years. Assemblyman Fink said he will "rally as much support as is necessary in an effort to get the measure through the state Senate and before the Governor." He added that undo present law there is a "crushing burden on the part of the plaintiff to prove himself free of contributory negligence and as such has precluded severely injured persons from collecting damages from accidents to which they contributed only slightly. Comparative negligence has worked successfully in other states. Adoption of the rule of comparative negligence, it Is felt by the bill's sponsors, would encourage settlements in many cases in which defendants fed that the plaintiff cannot overcome the hurdle of contributory negligence. Amemhlyinan Fink said also that adoption of the rule would reduce the congestion in court calendars and ultimately result in the reduction of automobile insurance premiums. Hie bill was Assemblyman Joseph R. Pisani, 6-Mem- by Civil ber Juries Legal In New York ALBANY . (ACCN) Legislation limiting Jiriee in the Civil Court of the City of New York to six members has been signed into law by Governor Rockefeller. The new law, effective next September 1, was described by the governor as a step civil in relieving the "choking workload In the dty. The bill amends sections of the city Civil Court Act, thereby eliminating the option which allows Juries. request! for twelve-membe- r In Massachusetts: Lawmakers Snub News Sources Secrecy Bills A series of bills BOSTON (UPI) to prohibit judicial, legislative or executive arms of the state government from forcing news reporters to divulge their news sources has been given an unfavorable report by a legislative committee. State Rep. Cornelius F. Kieraan, Democratic cochairman of the joint judiciary committee, said his committee has given unfavorable reports to the three news laws before it. Kieraan said a majority of the committee members felt it unwise to extend a guaranteed secret relationship beyond those protected between husband and wife, doctor and patient, or lawyer and client. "To extend that relationship beyond what already exists would open up a virtual Pandoraa box, Kieraan said. "It would only lead to other borderline groups, such as nurses, wanting their relationships with patients protected by law. . State Rep. Robert D. Welmore, a Democrat from Barre, said he will fight to have the adverse report overturned on his bill to shield newsmen when it is reported to the floor. Wetmore's bill states no broadcast or print media reporter shall be compelled by any judicial, legislative or adminii trative body to disclose the source of any information procured or obtained by him from another person." However, the bill creates machinery for those government agencies seeking the newsmens sources to ask a Superior Court order to divest the newsman of the privilege if "disclosure is essential to the protection of the public interest. The bills were filed after a grand jury ordered a newsman to relinquish his notes and divulge his sources after he was allowed by a group of Black Panthers to visit their headquarters during racial trouble in New Bedford last summer. - The United State Naval (ACCN) Academy was established at Annapolis, Md., in 1845, and received its present name in 1850. Its graduates are commissioned ensigns in the Navy or second lieutenants in the Marine Corps. - Indian CHICAGO, ILL. (ACCN) compensation claims for tribal lands have been settled by the U.S. Indian Claims Commission at about 37.6 per cent of the value claimed in some thrid of the cases which have been analyzed by the American Institute of Real Estate Appraisers Washington office in cooperation with the Washington law firm of Wilkinson, Cragun and Barker. A report carried in the April issue of The Appraiser, the publication of the Institute, an affiliate of the National Association of Real Estate Boards, noted that the appraisal problem was highly complex in many of the cases where there was a great disparity between the appraisals of expert witnesses employed by the government and the tribes respectively. Time-PaValue The complexity, the magazine said, was due to the requirement that the lands in these cases be appraised as of a particular time in history, sometimes more than a century ago. MAIs (Institute members) were used to an increased extent by the government and to a diminishing extent by the Indians in recent years, the publication observed. Thus, in the 1960s, MAIs were expert witnesses for the government on 21 of 32 cases where the appraiser was identified. The tribes used MAIs on only seven of 24 cases in which the appraiser was known. Expert testimony for the government in the 21 cases in which MAIs were employed in the 1960s resulted in awards that averaged 348 per cent of the appraised value (that is the st governments appraised figures represented about 35 per cent of the ultimate award). appraisals averaged 446 per cent of the value, or only about 22 per cent of the final award. The Indians received an average 46 per cent of the value testified for them by MAIs in the seven cases in which they Non-MA- Is were used in the 1960s, compared with 37.6 per cent of claimed value that the tribes have received in all cases. Represent An Average The percentages reported represent an average of the per acre figures in the cases in the published table, and are not weighted according to the amount of acreage involved in different cases. (An exception is the 37.6 per cent figure reported as the percentage of claimed value that the Indians actually have received. This percentage is based on the gross amounts of all awards in dollars.) MAIs were involved as expert witnesses on each side of five reported cases. The awards in these cases were 343 per cent of the governments appraised value and 61 per cent of the tribe's appraisals. The Indian Gaims Commission reported at the end of 1969 that 150 money Judgments involving $305 million had been processed, and 301 remained to be hilly adjudicated, The Appraiser noted. 1971 V American Bar Meets In July CHICAGO More than 10,000 lawyers, judges, educators, government leaders and their families will gather in New York City for the first part of the meeting July then others will journey to London for the second portion of the meeting scheduled from July 7, 14-2- 0. Experts in various fields of law deliver major addresses and participate in the several hundred educational programs. Ceremonial and educational programs will highlight the week in London, the fourth trip to the British city by the ABA. The other years were 1900, 1924 and 1957. In New York, U.S. Chief Justice Warren E. Burger will deliver the second annual State of the Judiciary" message to the nation as part of the opening assembly session on July 5. A busy social calendar awaits registrants and their families in New York, a highlight sure to be an exclusive presentation of the hit musical 1776. Historic Westminster Hall will be the setting for the opening assembly program in London on July 14. British Prime Minister Edward Heath and U.S. Secretary of State William P. Rogers will address the third assembly on July 19. will All 21 ABA sections have areducational programs in London, most featuring U.S. and British participants discussing subjects from the aspects of both countiies. Five sections will a two-da- y on how crima program inal case is processed in England from time of arrest through appeal. Atnitrust law in the Atlantic community will be the theme of the Antitrust Law Section's meeting. U.S. Secretary of Ubor James D. Hodgson will take part in a labor relations law luncheon program, and U.S. Secretary of Housing and Urban Development George Romney will participate in a program on housing and urban development law. On the social side, each London meeting registrant will be invited to separate garden party and black-ti- e dinner affairs at one of the four Inns of Court. A Sunday afternoon ceremony is scheduled for the ABA Magnu Carta Memorial at Runny-medranged or e. The meeting concludes July 20 with the election of new ABA officers. President-elect-Leo- n Jawor-sk- i of Houston will succeed Mr. Wright to the presidency, and Robert W. Meserve of Boston will become president-elec- t. I Debt Ceiling Hike 14th for U.S. Since 61 - NEW YORK (ACCN) That elusive Federal debt ceiling has just been hoisted again, notes Tax Foundation, Inc. Prior to last months action, the debt limit had been extended or raised 14 times since 1961. This time the increase is a record, to a single-yea- r $35 billion of billion. $430 ceiling "temporary The permanent debt limit has also been lifted by $20 billion, from $380 billion to $400 billion. Treasury witnesses told a House Court Seminar Planned CHICAGO (ACCN) 3-- They include traffic and police courts, county and village courts, justices of the peace, small debtors courts and courts of common pleas, among others. Sessions will be held at the Continuing Education Center on the campus of the University of Chicago. Hie seminar is being sponsored by the National Conference of Special Court Judges (NCSCJ) in cooperation with the National College of State Trial Judges. Both are part of the American Bar Association Section of Judicial Administration. Ways and Means Committee hearing on the bill they wanted to increase the temporary ceiling by $40 billion, saying it would be suf- ficient to meet fiscal 1972's needs. But Committee Chairman Wilbur D. Mills (Ark.) doubted that even the higher figure would be adequate. The gross Federal debt at the end of fiscal 1970 stood at $383 billion, was estimated to rise to $407 billion by the end of fiscal 1971 and to $429 billion by the end of fiscal 1972. If this last figure holds up, it will mean that gross debt has grown by $155 2 billion in the period. The former, $396 billion "temporary" debt limit waa established last June when the Federal budget deficit for the fiscal year ending next June 30 was estimated to be $1.3 billion, the Foundation points out. The deficit projection turned out to be wide of the mark and is now calculated to be $18.6 bill:on. The record shows that in 32 years out of the last 41 years, the budget has shown a deficit. In the period 8 budget estimates of surplus or deficit turned out to be off .the target that is, where surpluses were predicted there was a deficit land vice versa. Purpose of the seminar is to provide judges with an opportunity to exchange-experienceand views in discussing possible solutions to their common problems. To insure maximum participation, attendance will be limited to 80. s 1955-197- 1955-197- 1, - Judges who preside over courts of limited jurisdiction will meet here June 5 for a midwestera regional seminar. Courts of limited jurisdiction hear criminal cases involving misdemeanors and civil cases in which monetary compensation is relatively small. , Judge Robert Beresford, chairman of the NCSCJ, said statistics show that "more than 90 per cent of the justice meted out in this country comes from the judges of courts of he limited Jurisdiction. Therefore, added, "we cannot overemphasize the importance of seminar discussions which can pool the ideas of so influential a group. A number of Judges from various cities will speak at the seminar. |