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Show Flal WESTERN Urdjr 0;Wrtn Unlverulty uf Utah Salt Lako City, Utah eini2 SALT LAKE Cl VOLUME 16, NUMBER 49 Utah Supreme Court Decisions - Capsule - RAPE CONVICTION AFFIRMED See details page 3. State counsel: Vernon B. Romney, David S. Young, David Irvine Defendant counsel: Clark P. Giles (Appointed), 400 Deseret Bldg. Alleges Texas D. A. Gov. Is i i Co-Conspira- tor admission of the testimony could ABILENE, TEX. (UPI) -D- substantially alter the rest of the istrict Attorney Robert 0. Smith trial. Smith asked Palmer about a has alleged that Texas Governor conversation between him and Preston Smith was a in an insurance case which involved Smith in the days following passage lucrative profits for several Texas of tails during a special session of politicians in return for legislation the legislature in 1969. The defense favorable to an insurance company. objected, claiming anything which Smith accused the governor occurred after the bills were passed the rather routine was irrelevant. during Defense Attorney Frank Maloney examination of Austin attorney of Austin asked Smith, Is the State Eugene Palmer, March 6, at the now trying to tie the governor in as a bribery conspiracy trial of House Smith answered Speaker Gus F. Mulscher, and two with statement his that evidence will others. Palmer drafted the two come soon to make that clear. banking bills that became the Why hasnt the governor been foundation of the charges against indicted? Maloney asked. the three defendants. Smith paused briefly, looked at I think it is going to become quite Maloney, and then returned to his clear that the governor was a in this case, said seat without a reply. Smith. The evidence has shown these bills could not have been submitted and considered without the cooperation of the governor. Gov. Smith, contacted at a meeting of the Texas Association of Broadcasters at Houston, denied any part in the alleged conspiracy. He said he had never talked with -KPalmer or any of the defendants SACRAMENTO (ACCN) bills. the of a banking concerning nowing the personal identity The three defendants are charged duly licensed medical practitioner with conspiracy to accept a bribe who is to perform treatment is not from Houston financier Frank W. an essential element of a patients Sharp in exchange for seeking informed consent, California Atty. passage of the two bills. The bribe Gen. Evelle J. has ruled. Younger was to be in the form of profits from a lucrative deal in stock of National A patient may validly consent to Bankers Life Insurance Co. treatment by an undesignated The district attorneys statement person duly authorized to render it, came while attorneys debated the the Attorney General said. Nor is it necessary that the admissibility of part of Palmers exbeen had The testimony. jury patient understand the scope and cused from the room. The decision authority of the license by which the treatment or procedure is performed. The opinion came in response to By Michael 0. Wester mi Patient Need md Not Know M.D. n For i. r ' Tf Consent . . Treasury Denies Memo Issued Yet To Copy Checks WASHINGTON (UPI) - The Treasury Department denied March 8 that it has issued a secret memorandum telling banks to photocopy all checks that they process. The Department said the requirement was part of a pending law approved by Congress and aimed at cur tang white collar crime. A Treasury spokesman termed absolutely false reports circulating in San Francisco that the Department had issued an order to banks requiring them to keep records of all checks and report those in excess of $5000 to the Internal Revenue Service. The government memo allegedly told the banks to keep the plan confidential and destroy copies of the memorandum once the contents were understood. Ridiculous, miffUSf the spokesman said. Theres nothing secret about this operation and we haven't issued anything. an inquiry from Wallace W. Thompson, executive secretary of the State Board of Medical Examiners, who asked: Can informed consent for the rendering of medical services be effectively given by a patient on admission to a hospital where the identity or type of license of the person who is to render such services is not specified? In an analysis, Younger noted: informed The term sent' ... means simply that the nature and extent of the proposed treatment has been explained to the patient and that the patient has reasonably comprehended the explanation. Consent for the rendering of medical services need not be limited to a particular person or type of license. Medical personnel performing the services consented to and operating within the scope of their license would therefore not be subject to liability for technical battery on the theory of lack of consent. The opinion was prepared by Deputy Attorney General Anthony S. DeVigo. Mississippi MRl Sues School Busing -WASHINGTON (UPI) Mississippi Slate Attorney General A.F. Summer filed a federal suit here, March 8, to enjoin the government from administratively requiring school busing for racial balance. The suit named as defendants HEW Secretary Richardson and 22 other HEW officials. The suit charged Richardson and the others acting in concert, have conspiratorially required forced busing as a precondition of qualifying for federal school funds although this violates the 1964 Civil Rights Act Us ' TUESDAY, MARCH 14, 1972 Satellite Get Faster fingerprints - r. Transmission Speed WASHINGTON (ACCN) High-qualit- y fingerprint facsimiles have been successfully transmitted by satellite in an experiment funded by the Law Enforcement Assistance Administration, Administrator Jerris Leonard has reported. During a recent test, he said, fingerprint card images were relayed from California to Florida for the first time via a NASA- 10-d- ay Vermont Church School Aid Law Ruled Invalid Summer asked the federal courts and the others from continuing these alleged violations and from advising the President in any way contrary to Congressional antibusing statutes. The suit quoted the 1964 Civil A BURLINGTON, VT. (UPI) Rights Act as declaring that three-judg- e federal panel has ruled means the desegregation 1971 law providing public Vermont's assignment of students to public to state aid schools without regard to race, parochial schools unconstitutional. color, religion or national origin. A The Act also says no federal ofopinion and order filed ficial shall "issue any order seeking in U.S. District Court, March 6, to achieve a racial balance in any. enjoined State Treasurer Frank Davis and Education Commissioner school by requiring the transportation of pupils or students from Joseph Oakey from distributing one school to another or one school state funds to local school districts district to another in order to under the act. The Americans for the Separation achieve such racial balance ..., of Church and State had challenged Summer said. the statute as violating the First Amendment directive to keep religion and government separate. The state law allows school districts to contract with private or parochial schools for teachers, supplies and equipment and then count the costs involved and the number of students helped in computing the amount of aid from By the state. Senate MANSFIELD (UPI) Rutland received $12,600 last Democratic Leader Mike Mansfield December from the state under the has denounced state Presidential program. Retired Judge Sterrv Waterman primaries as useless and worthless and said he would soon' rein- of the U.S. Circuit Court of Appeals troduce a constitutional amendment wrote the unanimous opinion, which to replace them with a single said the law was invalid because of nationwide nominating election. violation of the establishment clause do to I want away with (political of the First Amendment and had the too, Mansfield potential of excessive entanglement. conventions, party) told reporters. are The potential exists for enThey and useless unrepresentative, tanglement resulting from the involvement in religious subject too much to outside pressures and the influence of schools. The state also creates the similar special interests. Mansfield the potential for church involvement in blistered presidental nominating process the political process, the opinion when routinely asked by a reporter said. what his crystal ball told him about That kind of involvement carries the balloting in New Hampshire, the with it the explosive potential for first of two dozen state primaries citizen friction and political subscheduled this year. division along religious lines," it It doesnt show me much, he added. snapped, except that like all state The opinion also said the statute had the potential in its operation of primaries, it is a tragicomedy. "These primaries are useless and the Impermissible fostering of worthless. They create dissention religion. amohg Democrats and waste barbs Judge Waterman and Judge that ought to. be saved for James L. Oakes of the U.S. Circuit Republicans. Court of Appeals signed the opinion, Id like to see them all done away which followed oral arguments last with. But were going to have them, December before them and the late lets have them all on the same day Chief Judge Bernard Leddy of the and make it applicable to all states U.S. District Court. in the Union. The opinion specifically states He said some time soon he that Leddy voted with his colleagues would reintroduce his nationwide in a vote memorandum which Presidential primary plan as a "unanimously agreed to grant the constitutional amendment. He said plaintiffs their prayers petitions in he first proposed such a system full. when the late John F. Kennedy was Leddy died on week after that running for the Presidency in 1960. memorandum. State primaries are a waste of The opinion said Judge Waterman lime, a waste of money and a waste attempted to preserve and express of energy, he said. the thinking of Leddy in the ruling. to enjoin Richardson - 14-pa- ge One Nationwide Primary Sought Mansfield state-sponsor-ed satellite. A report on the experiment's findings will be published by the project grantee in the spring, Leonard noted. It will include information on the cost and feasibility of creating a permanent nationwide fingerprint transmission network using satellites, It also will contain design data for a prototype system. The experiment was designed to test the feasibility of using satellites to speed transmission of fingerprint data between law enforcement agencies. Normally, it takes up to six days to transmit fingerprints from coast to coast by mail, and this does not include processing time," Leonard said. Using the satellite, fingerprint card facsimiles can be transmitted and received in just minutes. The experimental satellite transmissions produced images of an important excellent quality consideration in accurate iden- tification and classification of fingerprints, he added. The experiment was conducted by conProject SEARCH, a sortium formed to develop and test prototype information and communications systems for use by criminal justice agencies. California is the coordinating state, and the fingerprint experiments were directed by the California Crime Technological Research Foundation under a $210,000 LEAA grant. During the test period, fingerprints were relayed by satellite from the Los Angeles County Sheriffs Department to the California Criminal Identification Bureau in Sacramento. If the prints were not identified from California's files, they were retransmitted by satellite to the Florida Department of Law Enforcement in Tallahassee. The Florida agency simulated the role of a national level identification bureau in a nationwide system using satellites to link law enforcement agencies. The satellite used in the demonstration was Applications 20-sta- te Technology Satellite-I- , which NASA makes available to government agencies which may be potential future users of satellites. Poll Indicates Majority Favor Freer Abortion WASHINGTON - A (UPI) sponsored public government opinion survey shows that half the adult population favors removing all legal restrictions on abortions. The poll also found that 60 per cent favor abortions for reasons other than saving a mothers life, and 87 per cent believe the government should make birth control information universally available. The surveys finding is included in a report to President Nixon and Congress by the U.S. Commission on Population Growth and the American Future. The survey conducted by the Opinion Research Corp., of Princeton, N.J., said those who favored legalizing abortions tended to be younger, better educated and earning higher incomes. |