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Show ri Is Orgcor t.. nt Univrrsil'yof Ct.h LinrarW S Salt L-k- o City, Ut-- h ft WESTERN AMERICANA M12 4J ' ' a' .Sr & J O' MONDAY, MAY 24, 1971 VOLUME 15,c2fuMBER 99 UML NOflCB: a SALT HI LAKE LEGAL NOT1CIS: CITY, UTAH I N ATTORNEY 2 Arizona Vote GENERAL OPINIONS Laws Target of On Floating Inventory Common Cause Financing Statement - The (UPI) liberal action group, Common Cause and 26 state legislators from Arizona WASHINGTON have petitioned the Justice Department to suspend two Arizona election laws in part of the state. Chairman John Gardner said Common Cause has sent Attorney General John Mitchell two letters alleging violations by Arizona of provisions of the Voting Rights Act of 1965. Gardner said nine Arizona counties came under the Voting Rights Act because fewer than half the voting-age- . people in the nine counties voted in the 1968 Presidential elections. When changes in election laws come up, counties that have been brought under the Act have to submit the changes to the approval of the Justice Department, Gardner said, or to the District of Columbia federal courts. Neither action has been taken by the (Arizona) counties, Gardner contended. The counties are Apache, Cochise, Mohave, Pima, Coconino, Navajo, Pinal and Santa Cruz, Gardner said. The election law changes, Gardner said, are a statewide cancellation or purge of voter registration rolls and a provision for closing registration eight weeks before election." Both changes were enacted last year, and they should have gone before the court or the Justice Department beforehand, Gardner said. He asked Mitchell to suspend enforcement of the two provisions in the nine counties pending a full investigation by the (Justice) Department. The effect of the provisions, Gardner contended, would to deprive large numbers of black American, American Indian and d voters the opin the coming vote to portunity and general elections in primaries Spanish-surname- Arizona. Judge Declares Press, Courts Interdependent The Chief CHICAGO (UPI) of California the Justice Supreme Court says the press and the courts are mutually dependent upon one another for their existence. Justice Donald R. Wright, writing in the current issue of the journal Judicature, said the democratic depends upon our process a strong and free both preserving an and independent judiciary. press Without the courts there would be no free press, and without a responsible, free press we would be unable to maintain a strong and effective judicial system, he said. Wright said the courts have failed in one obligation to the press, and to explain therefore to the public what has taken place when significant decisions of the courts are released. He said the California Supreme Court keeps a lawyer available to the news media to inform them of significant court actions and to explain them. Wright said in spectacular criminal cases in which news coverage is heavy, it is incumbent on the court to have the trial transferred to another city if it is convinced an impartial jury cannot be found in the area. lie said a committee comprised of Procedure Questioned Harvard R. Hinton, Deputy Secretary of State raises questions on intent of H. B. 332 regarding information now required on financsubsection 6 ing statements 2 of section effective May 70A-9-40- .... 11, 1971: Answers given page Five Nonresident of City Resident of County Eligibility For City Commissioner Election Fred S. Perry, Logan City Attorney asks the Attorney Generals office for an opinion on eligibility for city commissioner election: Can a nonresident of Logan City, but a resident of Cache County, run for the office of city commissioner in the municipal election to be held this year if he moves to Logan City after September 10, 1971? The Attorney Generals office says, No. See page six for opinion in detail. Washington Bar To Investigate Mass Arrests -WASHINGTON (ACCN) Herbert J. Miller, Jr., president of the Bar Association of the District of Columbia, announced May 14 that he has requested two of the standing committees of the Association to determine whether mass arrest procedures were violated during the demonstrations on May 3, 1971, and if so, the legality of such arrests. The committees were further requested to recommend what course should be followed in future demonstrations if mass arrest procedures are inadequate or cannot feasibly be used. Miller stated that the chairmen of the Associations civil rights committee, Alexander L. Benton, and police relations committee, Max Kampelman, have been instructed to undertake an immediate inquiry into the matter and report to the Association's board of directors, no later than May 28, their findings and recommendations . Miller stated that newspaper reports indicate that previously approved mass arrest procedures were not followed. Whether the circumstances surrounding the May Day demonstrations warranted this action and whether the arrests themselves were within the framework of legitimacy are questions that must be resolved," Miller remarked. He said that it is inevitable that other demonstrations will occur in the Nations Capital; therefore, the legal questions raised by the actions of the police must be resolved and guidelines must be established for future action. press and court people has been formed in California to establish guidelines on what should be published and what should not, in the interest of fair trials. The press naturally wants to report all the news that is fit to print, and at times its concern with the right of the accused to a fair and impartial trial may become secondary, he said. On the other hand, individual trial judge overly concerned with a fair trial, r i.deirate the right of the people to fully informed. From the Minutes Professor Says S.L. County. Commission Legal Systems Sights Askew Action - The TOPEKA, KANS. (ACCN) to limited itself has legal system than cases individual rather solving dealing with the larger questions posed by our congested, confusing, frustrating world, a University of Michigan law professor said here, May 15. Judges may be deciding cases justly, Prof. Alfred F. Conard told the graduating class of Washburn University Law School, but the system does not produce a just society. Something very wrong is happening, he said, when the trial list is five years long and when petty highway litterers are fined while massive industrial litterers go unpunished. Or in the automobile accident liability field, Conard noted, the intent of the law is to punish guilty drivers, but this rarely happens insurance because companies usually wind up paying the bills. Conard is president of the Association of American Law Schools. Noting that legal scholars are searching for new ways of thinking about the law, Conard suggested that some of the answers may be found in what he called a new science of macrojustice more concerned is which justice with the effects of law than with what the law says. The U-law professor said an of feature important macrojustice is its use of quantitative and aggregative methods in guaging the effectiveness of the legal system. Society cannot afford to go on with law as it is, Conard declared. The justice of today is too far behind the technology, the science and the congestion of the modem world. Conard said By contrast,traditional ways of thinking about law which he called often focus on how microjustice to win a case, or how a particular case is to be decided. The lawyers and judges who work on individual controversies have to take the laws at face value, whether they think they are right or wrong. Trial courts cannot overrule the Supreme Court, and lawyers can seldom succeed in attacking the law on the books. M - Its May 10, 1971 Citizens Appearing: Mayor from South Salt Lake. Claim increase in cost CONSOLIDASERV- CONCERN OVER TION OF ICES CITY-COUNT- Y Mayor Bruce G. Egbert, Riverton, spokesman for the group stated . . . . . . unable to put together any facts that would warrant publicity or tax dollar saving in consolidation. Very concerned over suggestion there may be some consolidation of Police, Planning & Zoning, Garbage and possible Fire (departments). Mayor presented LETTER OF INTENT At a meeting April 28, 1971 the mayor of South Salt Lake indicated: Consolidation may lead to end of existence of the smaller cities. May be the death knell of further industrial progress in S.L. County- Concern if consolidation . . . would raise taxes. Facts be presented to taxpayers of County and then allow the taxpayer to cast his vote. doubt Mayor Egbert: taxpayer could afford convenience of merger. In response to alleged increase in health costs under consolidation Commissioner Dunn replied: Assessed cost is not the total cost. Most communities have not provided their share of the cost in the past. Important thing is EACH pay our share." On consolidation," Commission-McClur- e stated, . . . should be up to people of Salt Lake Valley . . . not from legislature. On consolidation costs. Commissioner Blomquist said, We don't know yet what services you want. When this is known . . . then we will know the cost. Nelsons Car Sales, 3933 W. 5400 So., which is operating without a Board requested Mr. license. Maynes to take steps to correct this violation. Transfer of Frontage Roads to Local Jurisdiction in Salt Lake County. Approved. State Highway Dept, to correct erosion. Center Northwest Sprinkling System. Damaged by vandals. Repair approved. Multi-purpo- se Job Now To Get Into A Law School Contractual assignment from Environmental Design group to Environmental Associates. Environmental Associates will complete all remaining work. Design group will receive the $7,012.47 already requisitioned as payment in full. The URBANA, ILL. (ACCN) of of law the college University of Change Order Northwest Multipurpose Center Site Preparation. $660.76 for tennis courts. Approved. Illinois at Urbana-Champaig- n received more than 2,000 has ap- plications for fall admission, more than twice that of any previous year, according to Prof. Edward J. Kionka, the law school's assistant dean. This year, only one out of five applicants is being admitted, and the other four are usually highly qualified, Kionka said. There is room for only 250 new law students. Kionka gave several reasons why the number of applications more than doubled this year: Among them he listed the fact that there are more people today in the law school group, that college seniors realize that while job opportunities in other fields may be limited, there is still a great demand for lawyers, and that there is increased interest in social problems, and students realize that a legal education is a constructive preparation for solving those problems. Change Order for remodeling the Evergreen Gym. $848.00 for Approved. Payment to Hennry Copier Construction Company in the amount of $7,184.00. Approved. Trane Company Road Dedication and Vacatipn at 4700 S. 5300 W. To allow smooth highway transition with existing 4715 South. Lincoln Welder for the Flood Control Dept. Source of supply is the David Howard Staley Company. Bid is $900. Approved. Leasing of teleprocessing system network for the Data Processing Dept It is the recommendation of the Purchasing Department and of the Data Processing Department that the bid of $12,229 be awarded to Control Data Company. Approved. Insurance coverage on all fire trucks and ambulances of present value in excess of $5,000. Premiums will be $483 to and $293.00 annually thereafter to Fred A. Moreton and Co. Purchase of Recordak Paper and adapter kits for Recorders Office. Eastman Kodak Company. Bid of 71 $226.10. Approved. Office equipment for attorneys office. Requested equipment be purchased from the Bowers Furniture Company at $628.00. Approved. Payment to the Didericksen Bros. Company. Approved payment of $3168.00. Craft supplies for Recreation Department. Approved. Purchase of portable cassette recorders, transscribers, and adapters for the Sheriffs Office. Lowest bidder was the Farr Jewelry Company. Bid of $3,178.85. Approved. Bond on the DeJulio Subdivision NR, held in escrow with the First Security Bank of Utah in the amount of $721.93 be released to O. P. DeJulio and that the subdivision be accepted by the county for maintenance. Approved. Bond on the Little Trieste Subdivision which is held in escrow with. Valley Bank and Trust Company in the amount of $500.00 be released to American Realty Corporation and that this subdivision be accepted by the County for maintenance. Approved. Funding storm sewer portion of Special Improvement Projects. Estimated costs to be prepared. Allocation of Class B Road Funds in the amount of $567,102.37. Board accepted check for $567,102.37 and authorized County Auditor to deposit in proper account. Indigent Care Contract Approved. Dr. Alvin E. Harris and Associates it organized as a organization 'called Community Health Systems, Inc. have contracted for medical services for indigents and of the City and County jail. These patients were formerly cared for at University Hospital. The contract calls for a fixed amount of $169,000 to be paid for the period May 3, 1971 to May 2, 1972 in monthly installments of of $14,087 on June 3, 1971 and $14,083 per month thereafter. Price agreed upon is based on estimate of 1400 total patients. If total patients exceed 1400 by 10 or more the total price shall be adjusted uoward at the rate of $120 per patient. If the total number of patients DOES NOT reach 1400 . . . the Community Health Systems, Inc., agree to adjust downward equal to $120 per patient. Community Health Systems, Inc., is located at 508 E South Temple. non-prof- Favors Police In Search Case - The ALBANY, N.Y. (UPI) Court of Appeals has ruled that judges in New York State should continue to give the benefit of the doubt to police rather than defendants in search cases where suspects are found with illegal drugs or gambling slips. In a narrow, 3 decision, the court ruled May 13 against four New York City men who claimed they had been searched illegally. Police claimed the defendants had tossed away glassine envelopes containing drugs as undercover men approached. The type of case is known as a Dropsy. 4-- Judge John Scileppi in the majority opinion rejected the defendants contention that police should be required to prove a search was lawful rather than suspects having to prove they were searched illegally. |