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Show Satialt urd,r IXUrt,.nt Univorwlty of Utah Salt toko City, Utah 64112 j ! UNIVERSITY OF OT7J3 LIBRARIES 11971 DEC SALT LAKE VOLUME 15, NUMBER 229 Utah Supreme Court Decision - CITY, UTAH TUESDAY, NOVEMBER 30, 197r Salt Lake Speech Capsule LEGAL PARTNERSHIP SETTLEMENT CONTESTED y REED A. WATKINS and DOROTHY WATKINS, of of Executrix Estate the Dorothy Wilkins, form-merl- Richard R. Wilkins, deceased, Plaintiffs & Appellants v. - disqualified United Mine Workers General Counsel Edward L. Carey and three other union attorneys from representing the UMWA and its three international officers in an $18 million mismanagement suit brought by a dissident member of the union. The suit was originally filed in December, 1968 by Joseph A. (Jock) Yablonski, charging the UMWA and W. A. (Tony) Boyle, president, George Titler, vice president, and John Owens, secretary-treasureof trust and with breach mismanagement of union funds. Yablonski, who was a candidate for the UMWA presidency against Boyle in 1969, filed the suit five days before the Dec. 9 election, which Boyle subsequently won. Less than a month later Yablonski, his wife and daughter were murdered in their Clarksville, Pa., home. Another U.S. District Court is currently in trial on a labor department suit to set aside the of Boyle, Titler and Owens in that election. r, appellate court action November 24 was the second of its kind this year. On July 21, the same court disqualified attorneys Edward Bennett Williams and Paul Connolly from the case, claiming the law firms current dealings with the UMWA officials caused Following the example of a of number suburban communities, the Detroit common council has passed a proposed ordinance that would make parents liable for prosecution if their children commit crimes. Passage came on a 3 vote, despite the suggestion by an assistant city corporation counsel that the ordinance may be unconstitutional. A spokesman for Mayor Roman Gribbs said the mayor would sign the ordinance, making Detroit the first major city to adopt such a law. "the potential for conflict" Williams and Connolly quickly withdrew from the case and were replaced by Carey and four other UMWA lawyers. One, Walter Gillcrisl, has since died. "The record now reveals a new arrangmenet for union counsel which in final analysis does not differ essentially from the older," the three judges said in a written opinion. "From the mass of data presented by the parties critical facts emerge sharply and without controversy," the court added. "UMWA general counsel and three members of his staff are representing or have represented to some extent union officers who are accused of wrongdoing in this case." The court said the UMWA at- not are torneys "simply new unquestionably independent counsel whose contemplated appearance would enable resolution of the issues in a context which is as free as possible from the appearance of any potential for conflict of interests in representation of tlhe union itself." precedent-settin- g 5-- Apollo 12 Atom ' Still Battery Works On Moon MIAMISBURG, OHIO (ACCN) The first atomic battery on the moon, left there by Apollo 12 astronauts two years ago, is still performing well in excess of its designed power and lifetime requirements. The battery derives its electrical power from a nuclear heat source fueled and encapsulated at Mound Laboratory here. The atomic battery is generating more than 71 watts of electricity to power the array of scientific instruments that are contributing to mans knowledge of the lunar composition and environment Only last month two Rice University scientists announced the discovery of the presence of water molecules on the lunar surface, using two instruments being powered by the atomic battery. Scientists have long thought the moon to be dry and barren. The energy source for the atomic battery is a capsule fueled with plutonium-238- , which Monsanto Research Corporation scientists at Mound Laboratory processed and encapsulated for the Atomic Energy Commission. Heat produced by the radioactive is converted decay of plutonium-23- 8 a into electrical by generator power by means ofO-- t .thermoelectric elements. Developed by the General Electric Company, the AEC's thermoelectric generator was designed to provide a minimum of watts for at least one 63.5 electrical year. was critical DETROIT (UPI) has The Business Detroit Council Votes Liability For Parents e Daily Record Columnist "Weve stopped a nosebleed by putting a tourniquet around the S. Odiorne summarized President Nixons new economic policy. The dean of the of University Utah College of Trial Court: Judgment in favor of defendants. Supreme Court: Affirmed. Plaintiff counsel: Walter P. Faber Jr., 720 Newhouse Bldg. Bruce E. Coke, 920 Boston Bldg. Defendant counsel: Clifford L. Ashton, 141 E. 1 South Harley W. Gustin, Walker Bank Bldg. See details page 4 . A three-judgWASHINGTON (UPI) U.S. Court of Appeals panel By Daniel K. Cunningham guys neck! That's how Dr. George KLINE D. and SUSAN B. STRONG, Defendants Court Disqualifies UMWA Attorneys In Funds Suit Free Trade Wont Return Till 1980, Says Odiorne Radioisotopic thermoelectric generators (RTG) also were deployed on the moon during the Apollo 14 and 15 missions. Both RTGs are operating flawlessly and in excess of their designed power' requirements. generally of the wage-pric- e freeze in a talk given before the World Trade Assn, meeting at University Club last week. Mr. Cunningham Dr. Odiorne said faulty extrapolation from un- - Seek To Quash Welfare Rule On Owning Cars certain and ambiguous" statistics lead to the economic freeze, which he termed an "over reaction. These uncertain and questionable statistics lead to the solid number of a $13 billion trade deficit which shocked everyone." He conceded there would be a trade deficit in 71, but not as severe a one as predicted by Presidential advisers. Invest $60 Billion Abroad The dean noted American business has $60 billion invested abroad which would return $7 billion this year. But by 1975 this investment would have returned $65 billion a year in the form of interest, dividends and profits. "It will take longer than you suspect to return to a semblance of free trade," he added, saying that might not happen again till 1980. Repercussions from Nixons policy might result in many countries moving away from the United States politically, and cited the attitude of Canadian students in particular. Marketing More Important "As for the surcharge on imports, SACRAMENTO, CALIF (ACCN) Superior Court Judge William its important we do something it. Gallagher has issued a temporary about Because of the freeze, the marketRobert restraining order against will man become more importing California Carles on, director of the he predicted. ant, Department of Social Welfare. The You want to go back to order enjoins Carleson from en- find out might what the hell marketing forcing a new regulation which is all about and try to' apply it . . . would deny welfare benefits to And some of my friends in the big, persons having cars valued at more international trading corporations than $1,500, regardless of how much may have to go back to work like is still owed on an installment the rest of the marketing people." Aimed at Japan contract. Dr. Odiorne said the number one The order grew out of a class action challenge to the regulation filed on behalf of three welfare recipients by California Rural Legal Assistance, a poverty law group. The plaintiffs all owe more money on their cars than the cars could be sold for. Therefore the cars have no cash value to the plaintiffs and cannot protect them from hunger WASHINGTON (UPI) Mayor and eviction proceedings. C. Lugar of Indianapolis Richard The challenged regulation violates two statutes and a federal has proposed that all cities study the of doing away with civil regulation, according to CRLA possibility service for their public employes. attorneys. If people are forced to His did city away with civil sersell their cars to remain on welfare, vice three years ago and "we have a many will lose their jobs and be even local more dependent on the state, Joel much more responsive with the government people working Gomberg, an attorney for . CRLA, much he said. harder, argued. "Moreover, Gomberg More generally, he said, forcing charged, "during the weeks or months it might take to find a buyer public employes to rise or fall with for value, the plaintiffs would be the success of the elected official without funds to provide themselves would make them more responsive and their families with food, to the people's and the citys needs. With civil service, most public housing, heat, etc. employes are protected from being fired whenever the elected offices changed hands. Lugar, president of the National League of Cities, admitted he was championing patronage and at odds with the trend of the past several decades towards political reform. He cautioned, however, that he was not advocating that every city Gov. Nelson NEW YORK (UPI) follow Indianapolis lead and do and county . away with civil service. He just A. Rockefeller executives said November 23 that wants the idea studied on an inboth New York state and its dividual basis. municipal governments are on the Lugar talked to reporters before verge of bankruptcy. delivering a speech mi the subject to Rockefeller said the state is facing the conference on state and local social bankruptcy, in that we would government labor relations sponnot be able to meet our commitment sored by the labor department. to the people." In Indianapolis, Lugar declared, anti-Americ- an Indiana Mayor Lauds Ending Civil Service - New York State And Cities Held Near Bankruptcy Others were more emphatic. Nassau County Executive Ralph G. Caso said "county government' literally could be forced to go out of business." unions are more to their responsive company's needs and will not push too far because industrial they know the undei" whole thing will go target of the import tax was Japan, which has made many advances in cost and quality controls in recent years. This year alone the Japanese penetration into the U.S. textile industry gained five times more than the total gain for all of the past five years. The Japanese became too greedy and this led to their downfall, he contended. Treasury Gets Money But the result of Phase I will be that money which was going to the Japanese will now go to the U.S. treasury the same effect. "It will not create new jobs in this country. And (the Nixon economic policy) will have an infuriating impact on the small, emerging nations. The college dean said the wage and price freeze was inspired more by the upcoming 72 political year than anything else. And the political reasons, along with economic ones, will determine whether the controls continue or come off. He added that freeing the American dollar from gold could have been done without the surtax. Broke Reading Railroad Files To Reorganize - PHILADELPHIA (UPI) The of the Reading Company, operator Reading Railroad, filed for reorganization, November 22, under the federal bankruptcy act. ' In a petition filed in U.S. District Court and signed by board chairman Charles A. Bertrand, the Reading said it was "unable to meet its debts as they mature." The railroad, hard hit in recent weeks by the dock and coal strikes, said obligations due and payable totaled about $11 million. The Reading said cash on hand at the close of business, November 19, was about $4 million and anticipated cash receipts through November 20 will be $5.5 million. The Reading had an operating deficit of $4 million for the first nine months of this year. The October, 1971, deficit was $1.8 million and deficit for November of this year was anticipated at nearly $2 million. Capital Fund Expenditures Show Rise - NEW YORK (UPI) Industry made a substantial increase in appropriations for new plant and equipment in the third quarter, the first significant jump in more than two years, the National Industrial Conference Board reported. The board warned, however, that the improvement may prove short lived if profit control undercuts the ability of American industry ta finance its expansion plans for thqf months immediately ahead." The business research organization said the nation's 1,000 largest manufacturers lifted their capital $6,102,000,000. appropriations t to |