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Show THE DAILY rofin Six questions posed by this Subsection (6) in it is apparent that the use of ono financing statement to cover a floating inventory collateral remains effective. There is no requirement upon application of the provisions of Subsection (6) to this type of situation that it be necessary to file another financing statement upon each sale. With the answering of the the manner described above, MONDAY, MAY 24, 1971 RECORD that Section must be considered -2 amended Respectfully submitted, C2 to a financing statement covering floating inventory were filed, the information required under Subsection (6) would be required if there was any change in the collateral covered. This, of course, could be answered in the same manner as outlined abovo. If the amendment made changes as to parties, addresses, or other similar matters aside 'from collateral, it would not appear that this information would have to be supplied. .If an amendment VERNONB. RODNEY Attorney General New Actions Murray .City Court Respectfully submitted,. 51977- - Interstate Collections vs. R. THADOEUS VERNON B. account ROMNEY & BRYSONi services 51983- 13B.00 open B. M. Fullmer, 1100.76 Interetate Collectlona vs. 54.75 aerviceei 51984- MICHAEL S. BYINCTONf B. M. Fullmer, 51979- - 51980- - OPINION NO. J. serviceet B. BRUCE 67.50 ANDERSONf M. Fullmer, BY: PREPARED nonresident of KERNE Rl 1171.32 B. M. Fullmer, atty Interetate Collectlonv vs. A RICHINS AKA DALLAS eerwlctil L. B. M. Fullmer, atty 51967- - Interetate H. DONALD A ANN eerviceei B. L. A PATRICIA ANDERSON I I114.64 open account B. ID. Fullmer, atty M. Collection vs. AGSTAFF 56.66 Fullmer, atty 8. Bid Results 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 Logan September 10, 1971? Department: Hem: TAT Req. No. C'.WIISWH 1-3- 13 Prln'tlnft (Frmchlae Tex Return) km Bidder Utah Printing Kercury Publishing Co. No. CONCLUSION: $49.75 1 services atty RICHENSi $76. 00 1120. 00 M. B. Fullmer, atty Vernon B. Romney, Attorney General Homer Holmgren, Assistant Attorney General Can a QUESTION: DON KIMBALL A PATRICIA L. DALLAS PETE 4 JANE DOE BASSOj Fred S. Perry, Logan City Attorney A 5198- 6- atty .RAY BY: KIMBALLf open account aervicni 51982- - Interetate Collectlonve ve. REQUESTED P. Collectlonv vs. A. Interstate Collectlona vs. 519B- 5- Interetate Collectlonv vs. 519B- 1- 71-0- 08 eervlcea Interstate Collectlona vs. & BETTY - Interetate B. M. Fullmer, Interetate Collectlona vs. R. DIAMOND 211.45 B. 1. Fullmer, atty E. open LORRAINE STEVEN STATE OF UTAH Collectlona vs. JOANNE CHALMERSl account B. M. Fullmer' A MARY DON A KIMBALL AK atty' OFFICE OF THE ATTORNEY GENERAL V. etty 51978- - Attorney General Opinion - Interetate ROBERT atty Attorney General to be unaffected by the as of to the both constitution provision eligibility to run for a municipal office and to fixing the residence requirements within the city to vote at municipal elections. 20-12- 1 htfn 2 ho hi 5 Itchi 3 lot Me. nb nb V.0. Youn3, Inc. 1,0?0.00 T.prratau Vroiu 1.07S.00 Sua 1,091.70 Section 2, Article VI of the Constitution as recently amended provides that: "Every citizen of the United States, who twenty-on- e years of age or over, has been a legal resident of this state for six months and of the county for sixty days next preceding any election, shall be entitled to vote in any election", with certain exceptions not material. As so amended, a person becomes an elector qualified to he has resided in the county for sixty Co. Deierot Have Vreea 1,197.00 question is, does that make every resident of the county eligible to vote at a city election? Parocoa Pre a, Inc. 1.267.00 think not. in our opinion it must be limited to a election general although the word "any" is used. Certainly it was not intended to grant a franchise to all county residents of sixty days standing, residents of other cities and towns, to vote at every municipal election held within the county Tteh Berk Keta Co. 1,284.10 Publisher's Pro si 1,400.00 vote at any election days prior to the if election. The We It is, therefore, our opinion that Section 20-12- -2 still at least to the extent that it prescribes run to for a municipal office is concerned, and that eligibility sixty days residence within the city is required to make a person a qualified elector to run for. city office at the municipal election. Under this section the prospective candidate who moves into the city after September 10,1971, and thus fails to meet remains in force the requirement of sixty days residence in the city, would be ineligible to run for city commissioner.. It follows also that to register to vote within the city the registrant must have resided in the city sixty days prior to the election. We reach the foregoing conclusions on the theory that Section 2, Article IV, as amended, was not intended to apply to municipal elections and should be limited in its application to general elections. Not to so limit it would create a most resident within incongruous situation permitting every sixty-da- y the county to vote in every election held for any purpose in every city, town or district within the county; a condition, which to our thinking, was never intended. We Fighting Back Pacifists speak of turning the other cheek. Does the lew cell for that kind of forbearance? Or may you, when itruck, lawfully strike back? Generally speaking, you may indeed strike back. Your act of violence is forgiven if it is inflected in your own protection. Courts often refer to the right of passing are of the opinion, further, that the constitutional provision does not prohibit the Legislature from prescribing residence qualifications to be met by persons running for mun- icipal offices. Section requires a candidate for a city office to file a statement of candidacy stating he is a qualified voter in the city. Section provides that "qualified electors of the State who have resided in the county four months and in the city or town for sixty days next preceding any municipal election are entitled to vote at such election." These two sections could be limited in their application to fixing the residence requirements to be eligible to hold a city office and thus avoid a collision with the constitution as amended, so far, at least, as eligibility to run for a municipal office is concerned. We think 20-1- 2-1 20-1- 2-2 Marge had used considerably more force than the situation called for. When that happens, as one Judge put it: The character of the combat is changed. The assaulted becomes the assailant." Futhermore, the right of self defense lasts only as long as the danger lasts. Suppose a schoolboy bits a self defense as "a primary law of nature." Hut it is a right with very distinct limits. Defending yourself is one thkig; escalating the conflict is quite another. Take this case: Janet and Marge were in love with the same man. During an argument, Janet began pulling Marge's hair. Marge retaliated by grabbing a pistol and shooting Janet in the Irg. Could Marge Justify her action as self defense? No, ruled a court, because pedestrian with a snow- ball. Could the man chase the boy and give him a thrashing in the name of self defense? No, because the danger is ended. The man's motive would be not to defend himself but to punish the boy. Of course K may be difficult for the person attacked, in the heat of an encounter, to measure his danger. Therefore, the law usually gives him the benefit of the doubt. In one case a grocer and his wife, taking home their cash receipts late at night, were accosted by a group of rowdier. When one youth laid hold of his wife, the frightened grocer shot and wounded him. As it turned out, the victim had Just wanted to ask for directions. Nevertheless, the grocer was held not liable fca court. The Judge said self defense may be exercised not only when there is danger but aha when there reasonably appears to be danger. And in this case, the danger did seem real. |