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Show I SarltJl Urar DJwrtmipt Uni vomi t y of Utah Salt Lake City, Utah 64112 'v SALT LAKE CITY, UTAH VOLUME 16, NUMBER 33 Utah Supreme Court Decision Bound by Language in Note FREEDOM OF CONTRACT Mtn. Fuel Exec. Attorney General Romney Files Class Suit In Third District Court KIRBY KIRKMAN SKOUSEN v. SMITH Trial Court: Judgment in favor of plaintiff, Skousen. Suoreme Court: Affirmed. The freedom of contract is not reversed . . . it is only where their contracts are carried into the domain of equity on a raft of unconsdon-abilit- y so laden with shockingness as to Justify the Chancellor in sinking both. Plaintiff counsel: Frazier & Wood, Leon'frazier 1005 W. Center, Provd, Utah J. Brent Wood . Defendant eounycH:. ' Amovitz & Smith; Irwin. Am- ovitz, 130O peseet Bldgi' See detajJ page-S.- v V -- Junior Cafegfs, ABA, to jmm Penal Officers WASHINGTON (A&N) (Special) - The American Association of Junior Colleges and the American Bar Association are embarking on a national program to stimulate development of education and training programs at the community college level for correctional oi fleers in penal institutions. -U- Mnnr Cnr Is Gull TUI Dor Ddl Press e. nt Peabody Essays Unique Goal in Vice Presidency By John Milne The CONCORD, N.H. (UPI) last time anyone ran tor Vice President independently of the Presidential candidate was in 1796, and after that election the Constitution was changed so it couldnt happen again. Nevertheless, Endicott Peabody, a former governor of Massachusetts, is bucking the tradition that Presidential nominees always select their running mates. He is campaigning for Vice President on the Democratic side of the ballot in the New Hampshire primary March 7. Only in this Presidential timbertesting primary do the people have an opportunity to express their preference for Vice President. It is Peabodys vehicle in an effort to change the nature of the Vice Presidency, to make it a truly popularly elected office. "Things would never be the same in this country, he said. "The Vice President would be selected by the people. The ideals of the founding fathers are going to come about, even though Chub Peabody may not be the nominee. - - and man forallsUsons, is still very much relevant, the Fellows of i bar president been fold by a British William 0. Carter, head of the the relative naucitv of degree programs in the difficult area of Uw u atfand wales, uy about More, in an to the address Fellows, February 5, during the midyear meeting of the American Bar Association in this had this to city: was one of the great men of England. . . (but Henry VIII) sent him to the scaffold Sir Thomas More. programs and the encouragement of participate in the coUegrprSrmns. The AAJC grant is cosponsored by the American Bar 'Association's on Correctional Commission Services which, under Facilities subcontract with the jrnto college group, will work on project com- ponents relating to involvement coordination and , stimulation of correctional agency Thfowork wm be SndStedto cooperation with the American Correctional Association which has Mdmeed the project and will, nd expertise in provide achievement of its goals. Said ACA PKddent llavice Sigler, "Effort. mH to provide such as strength to the line correctional officer should merit high priority in correctional programming. Under the AAJC-AB- yearoUeges which plan, do two- - UManently offer r programs for correctional officers will be encouraged to do so. Maheu Files Libel Suit Against Hughes Firm, PR Agency upbringing , and professional conscience. He may not merely do what his client tells him to b, if ttatawj.jUchte touted to pursue is a one, an Utepd one or something which would bring the legal profession into of justice Teandadministration to the court which his itself duty he serves cannot be ends in A vci-- them- - lawyer has to be a man ttutu. . . . ; i - Robert (UPI) head of Howard Hughes Las Vegas casino and hotel interests, has filed a $17.5 million libel and slander suit against the Hughes Tool Company, and the firms public relations agency. The suit charged that Maheu was slandered in a January 7, 1972, tele- LOS ANGELES A. Maheu, former - improvement A . . validity of tte Avorce of (hdherine dragon. So there we find this eminent Lord Chancellor being unable to senre his King beyond the point where his conscience and ms duty came into conflict . . His deaUr exemplifies the working out of the professional ideal W Wghert pitch. The lawyer can never unreservedly give his services to his client He must always have regard to- the wider interests of society as a whole and also to his professional Associa- tion. The award is given annually to someone outside the newspaper field publishing whose work with the Association merits special recognition, said Jack R. Wallis, President of 'm2 Association, who made the presentation at the Association's annual dinner-dancMr. Kirkman was recently promoted to the position of director, marketing and sales. He is a native of Salt Lake City, a veteran of World War II, and has been a Mountain Fuel employee since 1946. He recently completed a term as president of the Salt Lake Advertising Club, and is past ident of both the Utah Department, Reserve Officers Association, and Utah Chapter, Army of the United States. Mr. Kirkman is the 12th recep-ieof the Honorary Publisher award. The NEW ORLEANS (ACCN) of the moral conception lawyers role in his profession and in society, embodied by Sir Thomas More, the lord chancellor the crucial role of the line officer in effective offender rehabilitation and TAH PRESS ASS'N. SALT. LAKE. CITY Kirby E. Klrkmim of Mountain Fuel Supply Company was named Honorary Publisher" for 1972 by the Utah Seasons Still program was announced jointly by Edmund J. Gleazer, Jr., executive director of AAJC, and by former Governor Richard J. Hughes of New Jersey, chairman of the ABA ICorrecttons Commission. .Hughes called the program Savings Bank Deposits Chalk Up Heavy Gain 'HONORARY PUBLISHER' Attorney General Vernon B. Romney has filed a class action for the State of Utah and Richard O. and Belva Birch v. James E. Williams, Les Pipella, and Imperial House-ware- s Co. alleging conduct of an unlawful business and from the conduct of business in an unlawful manner in the State of Utah. Some points with complaint were: that Mr. Pipella proceeded to sell Mr. and Mrs. Birch a fire alarm, a floor polisher, a stabilizer for their car and an antenna. making wilful fraudulent misrepresentations of fact plaintiffs were only shown pictures of the items alleged purchased with the exception of the fire alarm system. That the very atmosphere created by the defendants was a threatening one and was used to induce and coerce the plaintiffs into I signing a contract to purchase, The state is asking for a Judgment against defendants as follows: 1. For an injunction restraining the defendants and each of them from operating a business in the State of Utah in an unconscionable and fraudulent manner; 2. For general damages and punitive damages in an amount to be determined by the Court at the time of trial after all relevant proof 3. For rescission of the contract: 4. For the costs of this lawsuit and for attorneys fees and for such other relief as the Court deems equitable and Just in the premises. NOT REVERSED . Illegal Business Practices THURSDAY, FEBRUARY 17, 1972 NEW YORK (ACCN) nations mutual savings The -banks Association of Mutual Savings Banks. an estimated $165 million in interest credited to regular accounts during the month, the savings bank industry's deposit growth in January totaled $875 million. This compares with a deposit gain of $781 With experienced a record $710 million net deposit inflow in January, well above the previous January record of $637 million established last year, according to preliminary estimates released here today by the National million in January, 1971, the previous record for the month. On a seasonally adjusted basis, total deposits in mutual savings banks were growing at an estimated annual rate of $10.8 billion in the month of January. This represents a substantial increase from the estimated $8.5 billion annual growth rate recorded in December and $8.2 trillion in November, and is the highest since May, 1971, when total savings bank deposits were growing at an annual rate of $10.9 billion. e The record deposit flow, on a seasonally adjusted annual rate basis, was $15.2 billion in April, 1971. This marked the high point of last large-scal- e "reinsprings when savers were termediation, shifting funds from securities to savings accounts. Suit Challenges Body Punishment in Coast Schools - LOS ANGELES (ACCN) The American Civil Liberties Union of Southern California filed suit in Superior Court here, February 7, to abolish corporal punishment in the Los Angeles public schools. The court action followed un- all-tim- successful attempts to abolish corporal punishment through local government channels, which terminated with a board of education 3 vote, January 27, to continue the practice. Plaintiffs in the ACLU taxpayers suit seeking an injunction to stop corporal punishment are a group of taxpayers with children in the public Schools. Two, Mrs. Benjamin Gurele and Mrs. Mattie Netterville, are members, respectively, of the local Mexican-America- n and Black Education Commissions, which, along with the education commission, opposed the boards preservation of corporal punishment. The complaint, filed by Southern 4-- Asian-Americ- Mansfield Flays Senators' High Absentee Rate an - WASHINGTON With (UPI) Democratic Presidential candidates leading the way, the Senate in the first three weeks of the current session ran up an absentee record which upset even d Democratic leader Mike Mansfield. The first of the actually scheduled California ACLU chief counsel A. L. Wirin and Fred Okrand against the board of education, challenged the constitutionality of both the state statute which authorizes corporal punishment and the Los Angeles regulations for administering it. The California education code gentle-mannere- Congressional vacations began February 9. In a rare display of Pique on the eve of the Lincolns Birthday recess, Mansfield accused some Senate members of shirking their duties. "Its been a lousy January and a Mansfield said. lousy February, "If the Senate wants to lolly-ga- g and engage in dilatory tactics, Im interested in getting the appropriations bills passed and then get out. If the Senate is not going to act with like grownup men maturity then thats the Senates respon- provision permitting corporal punishment "constitutes cruel punishment in violation of the California Constituion, the ACLU complaint charged, and "authorizes arbitrary action by school personnel which deprives students of substantive due process of law in violation of the Fifth and Fourteenth Amendments to the United States Constitution. The Los Angeles board rule which regulates how and when corporal punishment is to be inflicted, is sibility. unconstitutional, the complaint added, because it accords the said absenteeism was running cent but, in response to a question, added: "The Presidential candidates, compared to others who are not running, have a good He at student no prior hearing, violating "procedural due process of law as guaranteed by the Fifth and Fourteenth Amendments. In addition to legal grounds, opponents of corporal punishment deem it harmful to childrens educational and emotional growth, and aggravating rather than alleviating to school discipline problems. The frequent use of corporal punishment for minor rule infractions, and its particular intensity in minority schools, "offends a young persons sense of justice, and undermines respect for authority, Mrs. Fiske asserted. Major cities in which corporal punishment is now forbidden include plume news conference in Los Angeles in which a voice which identified itself as Hughes talked Chicago, New York City, and with newsmen. The U.S. District Philadelphia. Lawsuits against the Court suit said that the voice was a practice are underway in other of representative of Hughes Tool areas the country, including West and Texas. Virginia Compstay. j 25 pm record. Despite Mansfields disclaimer, a check of roll call votes taken this session showed that the five didates in the Senate are among the worst offenders, although they have several times interrupted their campaigns to return for critical votes. In order of absenteeism on the first 30 roll call votes, Sen. Henry Jackson missed 27; Sen. Edmund Muskie 26; Sen. Vance Hartke, 23, and Sens. Hubert Humphrey and Georgs. McGovern 21 each. The votes came on such issues as amendments to legislation to increase the power of the equal employment opportunities commission, foreign aid appropriations, and the dock strike. : |