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Show Farialu Urdr DJiurtinsnt University' of Utah Salt lake City, Utah 64112 Ob0u' in SALT LAKE CITY, UTAH VOLUME 16, NUMBER 23 Stock Exchange Utah Supreme Court Decisions - Moves Toward Capiule Consideration of $10,000 COVENANT NOT TO SUE Reorganization HAL E. HOLMSTEAD, Plaintiff - V. ABBOTT G. M. DIESEL, INC., Defendant & Appellant Trial Court: Motion for summary judgment denied. Court concluded covenant not to sue constituted a complete exoneration of the employee end removed any foundation upon which to impute negligence to the employer. Supreme Court: Remanded to trial court with order to grant defendants motion for summary judgment. Plaintiff relinquished his claim against the servant and thus impaired defendants right of subrogation. . Masters liability for acts cf his servant under the doctrine of respondeat superior . . . liability to third person for injuries inflicted by a servant (employee) is secondary, while that of a servant is primary. Master has subrogation rights. Dissenting: Justice Ellett and Justice Tuckett concurring . . . while it is true that the agent and the principal are not joint tortfeasors, yet they are jointly liable, the agent because of his wrongful conduct and the principal because of a rule of law respondeat superior) . . . recovery against principal permitted . by statute, Section Plaintiff counsel: Howard & Lewis, 170 E. 300 N., Provo, Utah, Jackson Howard Defendant counsel: Worsley, Snow & Christensen, Reed L. 700 Continental Rank Bklg. See details page 3. 15-4-- 4. Mar-tinea- u, New Anticrime Experts Plead For Less Archaic Criminal Courts CHICAGO (ACCN) (Special) Program Aims WASHINGTON rigidity. They spoke at a special symposium on new approaches in our legal system, part of the dedication ceremonies for the new educational facility at the National College of the Stale Judiciary in Reno, Nev. Established in 1963 to provide training for the nations state trial judges, the College is run under the auspices of the American Bar Association. Norval Morris, a leading authority on criminal justice, said that trial must reassert their discretionary powers and rededicate themselves to deeper involvement in the total system of criminal justice. Increasing discretion in relation to the criminal justice system has been given to the police, rather than the judiciary, so that selective enforcement has supplanted full enforcement of criminal law, he said. Prof. Morris, director of the University of Chicagos Center for Studies in Criminal Justice, criticized the practice of. plea bargaining whereby most criminal cases are not even decided by a judge but are bargained by the defense and prosecuting attorneys without the accused even being present. We cannot tolerate a system where 90 per cent of the serious criminal cases in this country are disposed of in the manner of a Moroccon marketplace, said. He called plea bargaining one of the worst aspects contributing to the lowering of public confidence in the criminal justice system. John P. Frank, noted lawyer and author, compared the administration of justice to a vast animal feed lot in which we attempt to move people through the chutes with all the dignity of cattle being rushed to market at the end of the line with an electric prod. The inability to administer swift justice through the court system, he said, feeds the forces destroying personal security. t, - Vice President Agnew has annnuned that -- the Justice Department is beginning Three legal experts have called for vast improvements in the American system of justice to restore its moral integrity and eliminate its archaic judges (ACCN) a major new effort the High e to Impact Program sharply reduce street crimes and burglaries in eight of the nations major cities: Newark, Baltimore, Cleveland, Atlanta, St. Louis, Dallas, Denver, and Portland, Anti-Crim- Oregon. The Vice President and Atty. Gen. John N. Mitchell told a news conference that the programs goal is to reduce those crimes in each city by five percent in two' years and 20 percent in five years. During the next two years, they said, the eight cities will receive a total of $160 million - or some $20 million each from the Law En- forcement AdAssistance ministration to carry out the High Impact projects. U.S. Drug Firm To Stop Export Of Amphetamine - Penn-- , (UPI) xklt Corporation, the nation's largest exporter of amphetamines, has agreed to cease its export activities following a major crackdown on the diversion of such drugs to the illicit market, the Justice Department said, January 27. The Philadelphia Company's stimulant drug capsules have been showing up in large quanities in the illegal UJS. drug market. Mitchell said the companys decision not to seek renewal of its export license will result in an adk ditional 10 per cent in the 1972 amphetamine production quota of 5,870 kilograms of amphetamines set by the Justice Department Pennwalt was ordered to show cause last January 18 why its license should not be revoked. The order came in connection with the operation blackjack investigation by the Bureau of Narcotics and Dangerous (BNDD). Thirty-nin- e persons and about one million amphetamine tablets worth $1.5 million in street prices were seized. WASHINGTON roll-bac- so-call- ed The board NEW YORK (UPI) of governors of the New York Stock Exchange has given preliminary approval to constitutional amendments to reorganize the exchange. board itself would be The board of replaced by a directors. Ten members would be elected from the public and 10 from the securities industry. The 20 directors would elect a e paid chairman of the board. The present board of governors has only three representatives from the public. The board also approved amendments providing: Annual election of a vice 33-m- an 21-m- an full-tim- chairman from industry Treasury Aide Says Tax Law Working Despite Nonpayers By Michael Posner - WASHINGTON (UPI) The Number Two man in the Treasury Department contends the law designed to close tax loopholes is working despite the fact that 112 persons earning over $200,000 paid no federal income taxes last year. Undersecretary Charls E. Walker has told the house appropriations committee that the Treasury is analyzing the returns of the 112, including three persons who earned over $1 million in 1970. He defended the 1969 Tax Reform Act that was designed to make certain that everyone with substantial income pays at least some tax. Walker said that some of the provisions, such as reduction in unlimited charitable deductions which are allowed the very wealthy, have not yet become fully effective. The Treasury will go before the House ways and means committee and explain the 112 x cases, Walker said. He said he will show that the 1969 law has been "effective in blocking tax escape. The disclosure in 1969 that 155 no-ta- people with incomes over $200,000 in 1967 paid no taxes led to passage of the tax reform measure. Walkers appearance before ways and means is to ask Congress to approve a $50 billion increase in the national debt ceiling to a record $480 billion so that the government can cover two successive budget deficits. AiV THURSDAY, FEBRUARY 3, 1972 Next ABA Head Sees Challenges For New Lawyers MICH. (ACCN) LANSING, Robert . W. Meserve of (Special) of the Boston, president-elec- t American Bar Assn., told the Michigan State Bar here that the rapidly growing number of lawyers and recent developments in legislation will change the entire practice of law in this country. By 1985, he said, the number of lawyers will double. He noted that there are now 94,468 law students in ABA-approv- schools law ed throughout the country, one law student for every 3V& members of the legal profession. At existing enrollment levels, the law schools will be graduating some 30,000 lawyers per year beginning in 1974. representatives. Guidelines for the nominating committee in proposing candidates for the board. Transfer of voting power from an individual NYSE member to his member organization when the members seat has been financed by the firm. The proposed changes will be sent to the Securities and Exchange Commission for comment A final ivote of the board could be held Feb. 10 and go to the membership for balloting by Feb. 23, the NYSE said. The changes were recommended last Decembrr 30 by the committee on exchange reorganization, headed by NYSE public governor Cornelius W. Owens, executive vice president of American Telephone and Telegraph Co., following a three-mont- h study by William McChesney Martin, Jr., former chairman of the Federal Reserve Board. Jiti .W &fiBrnfraar Seeks-- f Jkng Fofc&tficare SAN FRANCISCO (ACCN) - The State Bar of California has applied for governmental funding of an experimental funding of an experimental program of judiciare. Under that program lawyers in private practice will provide legal services to the poor, and each person financially eligible for the program will be able to select his lawyer. The private practitioners will be aided by salaried ,(staff attorneys, para-professiona- and other ls supportive' staff. The experiment, to be sponsored and supervised by the State Bar, will operate in the southern portion of Santa Barbara county and will be independently evaluated on a continuous and extensive basis. "The capacity of our profession to absorb and utilize these new in members meaningful professional roles is a challenge worthy of serious attention, he said. Meserve announced he will ask the ABA Board of Governors at the Associations midyear meeting next month in New Orleans to consider a special task force to study the problem and offer specific recommendations regarding ABA response. Another major factor changing the practice of law, he notes, is that the areas in which many lawyers have functioned are undergoing He change. cited no-fau- lt lt automobile insurance and divorce legislation as important forces that may shift the direction of legal practice. The answer, he concluded, lies not in restricting the number of new lawyers, but in developing new uses for legal services. Just as members of the next generation of lawyers will practice specialties which are unknown today, he said, much of what we know as traditional practice will change also no-fau- perhaps vanish. Meserve stated that law schools must teach students new and different basic skills In such areas as environmental, poverty, consumer protection and criminal law. Students must be trained to become reasonably expert in some other new fields where a lawyer can continue both to earn a dollar and to provide a significant social service. He also pointed out that new institutions and methods must be devised for delivering services lawyers have to offer. "Certainly it is clear that large segments of the American people and not just the disadvantaged are not utilizing legal services to the extent that they might Lawyers The application, directed to may be expected to participate in federal and state OEO, requests developing programs on all levels of for an period. The first six months will be devoted to establishment of the local program and the evaluation system, and the remaining 12 months and subsequent grant periods will be for actual operations and evaluation. We are proud to file this application, which is the result of more than one year of study, field investigation, and other preparatory said David K. Robinson, work, president of the State Bar. $500,000 18-mo- In announcing the proposal Robinson said there is a pressing need among the poor, the legal profession, and the public in general, for meaningful and objectively generated answers about government. 15 Law School Enrollment Rise Found by Study CHICAGO (ACCN) (Special) -Lschool enrollment has jumped aw more than 15 per cent ova last year, according to an American Bar Association survey. This follows last years 20 record-breakin- g increase over per cent 1969. The total number of students enrolled in 147 law schools ac- credited by the ABA grew from 82,041 in 1970 to 94,468 last fall, an judicare. It is important that the lawyers increase of 15.1 per cent. The number of women students of our State, with their many and varied talents, be deeply involved in jumped from 6,937 in the fall of 1970 meeting the legal needs of those with to 8,914 this year, an increase of 28.7 little or no financial means, he percent. Freshman enrollment is up 5.5 per cent, with 1,882 additional said. students. Our experiment is designed to All but three of the schools test the effectiveness and efficiency reported that their freshman classes of this most direct kind of in- are completely filled. The other volvement. As in other forms of three St. Louis University, practice, quality service to the Southern Methodist University and clientele will be the ultimate the University of Tulsa had a measure of success." combined total of only 87 unfilled The state of California and the seats. Federal Office of Economic OpThe survey of law schools (OEO) concluded and portunity recently offering day evening negotiations and announced plans to legal education is ran rioted ancreate a new professional nually by the Associations Section services program for the of Legal Education and Admissions to the Bar, ABA-accredit- lgl ed |