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Show K(Si Parian, l)rdJr &,Wrtlll3nt University of Utah Salt Lake City, Utah 8iVl2 4 ' " . i VOLUME 15, NUMBER 157 SALT LAKE Utah Supreme Court Decision Boys MURDER Witnesses IDENTIFICATION WILLIAM HENRY JORDAN, JR., Defendant & Appellant WASHINGTON line-u- p. Justice F. Henri Henriod wrote the decision. ... Justice A. H. Ellett concurring and elaborating: trial judge should determine whether testimony is competent, and the jury not some Supreme Court is the body which weighs the testimony and determines what the facts are. For us to interfere with this prerogative of the jury is to overturn the law as it has existed for five hundred years. Callister Jr., dissenting: . . . See complete decision page 4 - 6 Plaintiff counsel: Vernon B. Romney, Lauren N. Beascley and Frank Nelson Defendant counsel: John D. OConnell, Salt Lake Legal Defenders Association, 231 E. 4th South the preferred stock dividend is payable October 1 to shareholders of record on September 10. The board held its meeting at the Companys newly construction division office building in Provo, Utah, and at noon hosted a luncheon meeting for civic leaders of the area. Adoption Act On Uniform Laws Agenda - The (ACCN) Conference of Commissioners on Uniform State Laws is considering amendments to uniform legislation dealing with adoption, consumer sales practices and commercial transactions. NCCUSL will make decisions on the amendments during its annual meeting in CHICAGO National Vail, Colo., Aug. 21-2- 8. Amendments to the Uniform Adoption Act include would allow subsidies one which for adopting parents to insure proper care of the child and another which would cose the records of adoption to all but the adoptive parent or adopted child exexcept in court-ordere- d ceptional cases. Amendments to the Uniform Consumer Sales Practices Act include authorization for the state enforcing authority" to seek damages for consumers who have filed complaints before the start of proceedings against a violator. Proposed changes in the class action section of the legislation are designed to speed resolution of such suits by allowing settlement under court supervision. Amendments to the Uniform Commercial Code deal with Article 9 on Secured Transactions. Work on this project began in 1967 when it was determined that 47 of the 54 sections of the article had been amended. non-uniform- ly J Overturned in Loanshark Case PHILADELPHIA (UP I) - The Circuit Court of Appeals has overturned the 1970 .convictions U.S. Third of Angelo Gyp De Carlo and Daniel Red Crecere, whose New Jersey loanshark trial was marked by the arsenic poinsoning death of a man who was to be a star govern- ment witness. Judge Ruggero J. Aldisert ruled the government's introduction of evidence that the late Newark, N.J., racketeer, Louis B. Saperstein, was found dead of arsenic poisoning made the January 28 convictions in Newark federal court invalid. Since the introduction by the government of evidence as to the cause of death constitutes incurably prejudicial Aldisert error, said, the judgments of conviction of the District Court will be reversed and the cases remanded for a new trial. The two men, reputed New Jersey mobsters, were being held in federal prison in Danbury, Conn., for allegedly making extortionate loans to Saperstein, an insurance broker. Saperstein died Nov. 26, 1968, of arsenic poisoning a few days after writing to the FBI saying he was desperately in debt and afraid for his life because he could not repay a loan. At the trial, U.S. District Court Judge Robert Shaw released over 2,000 pages of transcripts of FBI eavesdropping gathered at The Barn, De Carlos hideaway in Mountainside, N.J. today. The Tax Reform Act of 1969 authorized businesses to deduct over a period the cost of facilities certified control pollution Protection Environmental the by Tax Income The Agency (EPA). on were May adopted Regulations 18, 1971. They specify that a business which elects to take rapid amortization, rather than the usual depreciation, must (1) attach a statement of election to its income tax return for the taxable year which includes the first month of the amortization period, and (2) attach a copy of the application for certification filed or to be filed with EPA. A business that did not make the election in a return for a taxable year filed before July 17, 1971, was given until August 16, 1971, to do so by an amended return. However, the EPA form for requesting certification apparently will not be available to taxpayers in sufficient time before August 16. The IRS therefore is amending its regulations to extend the time for filing the election in an amended return to December 31, 1971, in those cases where the election ordinarily would have been made in a return filed before November 16, 1971. Under the present tax regulations, a business The transcripts recorded a comprehensive tale of payoffs to political figures and loansharking. A prosecution witness at the trial testified Saperstein was given a three-mont- h pay or die ultimatum and later was beaten by Cercere, of West Orange, N.J., at De Carlos hideaway. The two men began serving prison terms at the medium security federal correctional institution at Danbury, Conn., after Judge Shaw refused to continue bail while an appeal was conducted. 12-ye- ar that elected rapid amortization before May 18, 1971, was required to attach a statement and EPA form to its income tax return for the taxable year that includes May 18, 1971. The amended regulations will now permit the required statement and EPA form to be attached to the return for the taxable year that includes December 31, 1971, or to the business return for the previous taxable year. The changes in the regulations were published as a Treasury Decision in the Federal Register for Saturday, July 31, 1971. 3rd Class Mail Hike Proposed: To Be Fought WASHINGTON (UP1) - The U.S. Postal Service has announced plans to increase temporarily the rates for third-clas- s mail, effective Sept. 16, by the full amount it originally proposed would be added on gradually over five years. The Direct Mail Advertising Association, Inc., which represents of the nations third about class commercial mailers, said it would sue the post office for the first time in the Association's history, to block the increase. Postal officials said the proposal would hike third class mail rates from 4 to 5 cents per piece in bulk mailings but said the increase would s be spread out in increments of of one cent over the next five two-thir- 4 The (ACCN) th 2 Convictions ds 54-ye- ar two-tenth- years. However, 1D71 Michigan Migrant Workers 60-mon- identification procedure was so unduly prejudicial as to taint fatally Jordans conviction. Judgment should be reversed and remanded for new trial. Mountain SALT LAKE CITY Fuel Supply Companys board of directors Tuesday declared a quarterly dividend of 45 cents a share on its common stock and $2 a share on its preferred stock. The common stock dividend is payable September 13 to shareholders of record on August 20, while MONDAY. AUGUST jfi, time for businesses to elect rapid amortization of the cost of certain certified pollution control facilities is being extended from August 16, 1971, to December 31, 1971, the Internal Revenue Service announced Trial Court: Convicted of murder. Supreme Court: Affirmed. . . . overwhelming evidence. Main Appeal: Error to deny defendants motion to suppress identification evidence obtained at an unduly suggestive DECLARES DIVIDEND UTAH Amortization vs. MOUNTAIN FUEL SUPPLY T Y , Date to Elect DOUBTED STATE OF UTAH, Plaintiff Chief Justice E. R. I IRS Extends Capsule Teen-ag- e C the recently reorganized Postal Service said it had become necessary to institute the full increase this year because Congress did not appropriate enough money. Minimum Wage I Charged Unconstitufio mm. By Justin Bavarskis A group of DETROIT (UPI) who has society say attorneys in overlooked crime consistently the field has filed suit charging that Michigan's minimum wage laws are unconstitutional because they fail to protect migrant workers. The suit, filed directly with the Michigan Court of Appeals on behalf of five migrant workers, asks that the section of the minimum wage act which excluded migrant workers be declared unconstitutional. It also asks the court to order the Michigan Department of Labor (MDL) and the Michigan Wage Deviation Board (MWDB) to enforce the act so that these migrant workers would be entitled to the current $1.60 per hour - minimum wage." Martin W'eisman of Detroit, young attorney who has 1'.;: practicing for 14 years and wi.-principal attorney in the further asked the court to order i.,i i MWDB to establish a pieces oil; scale which would be equivalent to $1.60 per hour if it decides not declare the present law ua constitutional. Weisman said he believes the suit is the first such suit in the nation, and is the first step in coordinate.), nationwide attack on the workii r, and living conditions of migr; .d workers, of whom Michigan h;.s about 50,000. The Migrant Legal Action Program, headquartered in Washington, and the Michigan Nixon Signs Lockheed and Migrant Legal Assistance Program of Mount Pleasant, are coordinating the attack, he said. If the suit succeeds, Weisman said similar suits would be filed ia several other slates. Job Aid Bills The suit was filed on behalf i f Facundo Gonzales, Farr, 'lex., who WASHINGTON (UPI) dent Nixon signed the bill to provide is picking cucumbers in Erie. Mich. million a $250 Pablo S. Comacho and his wife government the to loan financially guaranteed Eugenie of Immokalee, Fla.. L:; nubled Lockheed Aircraft Corp. are picking cherries in the Gritr,.i Sand.-- , He also signed legislation Traverse area: and Manuel of wife F:.ther and his Mary providing $1 billion to set up special Weslaco, Tex., who are working in employment opportunities at the a move the same area as the Comachos. stale and local level which the administration hopes will The MDL and its director, Barry give jobs to 150,000 persons. Brown and the MWDB and its The president signed both bills chairman, Dr. Frank Borsint k were without any special ceremony. named defendants. Press Secretary Ronald L. Ziegler was selected as the si told newsmen Nixon was very forMichigan test suit because the group the pleased that Congress had enacted felt its statute governing mininunn the controversial Lockheed bill and wages for migrant workers was the hoped it would save a great many most susceptible to attack, Weisnu.n jobs." said. In a statement accompanying the signing of the Emergency Employment Act, the President said funds would be made available to BRENT J. MOSS WITH the states and localities within three KIPP and CHRISTIAN weeks so that hiring may begin at - Presi- : (Mice." By Labor Day, the first group of unemployment people should be working in the jobs financed by this act; which will eventually help more than 150,000 jobless persons, Nixon said in a statement. He added: The jobs which will be made available under this act will be real jobs jobs which promise future career opportunities. At the same time, the work performed by participants in this program will help meet some of our needs in such fields as environmental protection, health, education, public safety, housing, recreation, public facility maintenance and rural develop- ment." He noted that cities and counties of more than 75,000 population will chiefly benefit from the program and officials in these communities will serve as planning and dispersing agents. It will be the responsibility of these agents to develop plans that will insure equitable distribution of funds among eligible applicants," he said, "taking into account the number of unemployed in each applicants area, the priority of public service needs, and the capacity of the applicant to carry out the requirements of the program. The Lockheed loan guarantee authority will expire Dec. SI, 1973. Mr. Moss (Continued University of I Law School graduate series Whor-DiThey Go".) Brent J. Moss has joined the law firm of Kipp and Christian. Boston Bldg. A native of Ririe, Ithh.o. !Ur Moss attended Ricks College before receiving his B.S. degree from brig' ham Young University. While attending the University r.f Utah College of Law he was a v is ner in Moot Court compete ier. Chief Justice, Moot Court ltor.ir.; Chairman, Faculty a n d Course Evaluation Committee and a min her of Bar and Gavel. Mr. Moss, his wife LaRte and make tier, daughter Kristin, home at 668 South 10th Fas:, ST.; Lake City. 2, I |