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Show Ferialb Or dir WESTERN AME Dgpartnrant University of Utah Fait lakeCity Utah Bill2 SAIT LAKE' CITY, UTAH VOLUME 16, NUMBER 69 UCU ncvv "JUDGING THE POLICE" Utah Supreme Court Decisions - UNREASONABLE Capsule Pedestrian Slipped & Fell SEARCH Natural accumulation of falling snow RUBY WEST, Plaintiff and Appellant PROVO CITY, Defendant Trial Court: No cause of action. . . we adhere to principle that a city Supreme Court: Affirmed: is not liable . . . without some other and independent tortious act . . .constituting compensable negligence . . Justice A. H. Ellett dissenting: "The defendant is not liable for a fall due to natural accumulation of snow upon a sidewalk but may be held liable to her for negligence in failing to maintain its sidewalks in a safe condition . . . The city has a nondelegable for duty to keep its sidewalks in reasonable safe condition ... ... pedestrians' DaDln H. Oaks Pres, of B.Y.U. HUD Questions Minimum Legal Fee Legality (ACCN) The U.S. Department of Housing and Urban Development has advised the Justice Department that the manner in which attorneys minimum fee schedules are applied in property settlements may violate the Sherman Antitrust Act." In a letter to Acting Asst. Atty. Gen. Walker B. Comegys, HUD General Counsel David 0. Maxwell said, "I am bringing the matter to your attention for such action as you may deem appropriate." Maxwell stated: "The American Bar Association Standing Committee cm Ethics and Professional Responsibility in Formal Opinion No. 323, August 9, 1970, ruled that fee schedules such as these are only advisory. "These schedules, however, may Court Bars Ohio Primary Vote To Under 18's CINCINNATI (UPI)-- A three-judg-e federal court panel barred all April 6, from voting in 2 Ohios May primary election, even those who will be 18 in time to vote in the November general election. Three high school students had filed a suit in U.S. District Court claiming they should be permitted to vote for candidates seeking nominations for the Presidency, as well as for Presidential candidates. The three judges pointed out that Congress specified in the Voting Rights Act of 1970 that a person "had to be 18 years of age to vote in primaries and elections." The suit alleged that denial of the right to participate in the early stages of the election process was a denial of equal protection under the 14th Amendment. "In the first place we do not think there is discrimination," the judges said. "Secondly, we conclude that in setting a minimum age limit, a state simply exercises the power reserved to it and is immune from the impact of the equal protection clause of the civil rights act." The suit was filed by John Gaunt, Jr, Sarah Prince, and Harry Rosenbouth. All three will be 18 before November. turn out to be obligatory. Hie opinion itself recognizes that some state and local bar associations suggest 'that' fee schedules are or can be mandatory and that disciplinary action will be taken merely for failing to follow them... D. Barlow Burke Jr., assistant professor of law at American University, who led the preparation of the report for HUD and VA on real estate conveyancing in 13 large urban counties, concludes from his interviews in connection with the study that minimum attorneys fee schedules for settlements are adhered to a substantial majority of the time. The Maxwell letter pointed out d that where costs, such as attorneys fees, are tied to the price of the house or mortgage, the total of these costs for the average priced home tends to be significantly higher than in other areas. HUD and the Veterans Administration recently completed a study of mortgage settlement costs for single-familhouses and part of the study was conducted by title-relate- y American University. As a result of the study, HUD and announced they will issue maximum allowable costs for items included in settlement fees on and houses. VA HUD-insur- ed Sees Merger Threat End WASHINGTON (ACCN)-Act- ing General Richard G. Kleindienst has asserted that titrust policies that were adopted by the Nixon Administration in 1969 Attorney have "stopped the conglomerate merger threat in its tracks." He said an assault was mounted against conglomerate acquisitions, under existing law, in spite of the position of the previous administration that new legislation was needed to meet the threat." The Justice Department brought a number of antitrust suits against large conglomerate mergers, Kleindienst declared. "In every case that has been disposed of so far, whether by settlement or through litigation, it forced divestitures that effectively preserved competition." t Dallin H. Oaks, President of the Brigham Young University will speak on Judging The Police" at 8:00 P.M. Thursday, April 13 in the Assembly Hall on Temple Square. In recent years the Supreme Court has been criticized for freeing persons accused of Crime because police officers have searched homes in violation of the Constitutional right guaranteeing citizens freedom from unreasonable search. He will discuss the objectives of the Exlusionary Rule' as a method of enforcing the constitutional rules against unreasonable searches and its effect on law enforcement. His talk will include possible alternatives and the practicality of abolishing the rule as .it relates to the Constitution. Admission will be .$1.50 for adults and $.75 for students. Tnv nr rrepuruHOB n services r Big Four Auto Walters evaluated the job of the professional income tax preparer, a service now being used by millions of taxpayers: Firms Chalk Up Good Quarter "Some of them do a good job. Many of them do a lousy job. Some of them are unKruptilooT and we DETROIT (UPI)-T- he Big Four g auto companies, paced by a Ford Motor Company performance, surpassed the two million mark in domestic car sales during the first quarter of this year. presently are record-breakin- nationwide about this prosecuting scrupulous American Motors sold a total of 2,110,981 cars during the first three months of 1972, up from 1,997,923 in the same period of 1971. Overall March sales increased from 763,954 last year to 784,378 this year. Ford dealers sold 632,223 cars in the first quarter, surpassing the previous record of 628,162 in the comparable 1966 quarter and the effort of last year. In 580,821 car March, 223,932 Fords were sold, a 10 per cent improvement over the 202,927 sold in the same month of engaged and advertise for clients and by certified public accountants, who are forbidden by professional codes to advertise. Writers, in a UPI Washington Wtadow interview Sunday also Chrysler displayed a record ' and consent to his requiring verify it through "outside contacts." - The HEW memorandum said that the regulation on outside contacts was not meant to include records regularly kept by a public agency to taPUon "e.Pen effort to do something and we are presently a good number of un- prep,re 1971. and continuing eligibility a However, the unscrupulous ones who gouge taxpayers and falsely . GM, the only one of the companies to show a decline in March sales, still managed a slight increase in first quarter sales, from 1,023,109 in 1971 to 1,046,605 this year. AMC sold 69,346 cars in the first quarter this year, up from 60,604 in 1971. in tax return preparers. No, were not against all preparers. Those who do a good job well both the taxpayer and the Service and were for them, General Motors Corporation, Ford, Chrysler Corporate and year. The of Social (ACCN) -'-'-.c . March performance with sales of 149,926 cars, eclipsing the former high of 142,958 sold in March of 1968. Chryslers effort also represented a 9.7 per cent increase over the 136,608 cars sold by its dealers last March. Chrysler sold 362,807 cars during the first quarter, compared with 333,389 in the first quarter of last - outside income that was not counted in determining their eligibility. Department An early check showed unreported clearance Welfares earnings income that would have affected conto be system was asserted sistent with federal law and policy," eligibility or amount of grant in 48 in a brief filed in Superior Court percent of cases referred to the behalf the of on counties, but the state was' tem3, here, April of Health, Education, porarily stopped from using the Department and Welfare. system by a restraining order issued S. HEW U. and the "This action by by Judge William Gallagher in our that vindicates bejief Superior Court February 1. Attorney California's system of checking on The restraining order was issued of in outside income welfare the response to a class action suit to federal filed by the Golden Gate Welfare law, recipients conforms State Welfare Director Robert B. Rights Organization, Inc., against Carleson and the Department. Carleson commented. The Welfare Rights Organization The system, akey provision of the CWof 1917, is contended that the income clearance Welfare Reform designed to find ofaWlyHy ymany section of the new state law violated (people on welfare mayJtayc bailed . federal regulations. The HEW brief HfDWiy the U. S. Attorney last night sayvthat it does not. The brief was HEWs reply to a memorandum of Judge B. Abbott Goldberg's asking for clarification of a February 24 telegram from I 3OT&cretary Elliott Richardson to C TOD Carleson in which the HEW boss sought to inform the court that the California system was legal. (UPI)-T- he WASHINGTON The system involves matching the nations top tax collector has Welfare Departments master State revealed a crackdown on unof list recipients against the scrupulous tax preparation services and predicted a record number of Department of. Human Resources tax cheaters will be caught this Development's record of earnings submitted by employers for year unemployment insurance purposes. Internal Revenue Service ComThe Welfare Rights Organization missioner Johnnie M. Walters said complained that this would violate federal regulations on con- investigations had begun or would soon start of professional preparers fidentiality of welfare information. of income tax returns who are It cited HEW regulations making the both their clients and the recipient the primary source of cheating government. information in determining initial SACRAMENTO California Plaintiff counsel: Pete N. Vlahos, Gary L Gale, Vlahos & Gale, 312 Eccles Bldg., Ogden Defendant counsel: Glen J. Ellis, P.O. Box 799, 17 South Unhr. Ave., Provo See details page 5. Rrpf Rapkc Coast Welfare Rule TOPIC BY OAKS CITY NOT LIABLE FOR INJURIES WASHINGTON TUESDAY, APRIL 11, 1972 T.1? individual cheaters than any previous year. Walters said computers were sifting out more returns for special scrutiny than ever before. The increasing use of computers and "better management of our manpower" was cited by Writers as reasons for better auditing of returns despite added burdens on IRS personnel. IRS agents are also responsible for supervising the wage-pric- e controls of the inflation-contrprogram. ol consent unless exceptional cumstances warrant such a course of action," HEW said. cir-ser- ve . Rental Agency Accepts Decree a x MC3 fl St 1 WASHINGTON n' bldS (ACCN)-Act- ing Atty. Gen. Richard G. Kleindienst has announced the entry of a consent decree requiring the operators of a apartment rental agency in Boston to make apartments available to Negroes. Kleindienst said the decree was entered in U.S. District Court in Boston, resolving discrimination a housing suit filed by the of Justice against Department Crimson Apartment Service, Inc., on March 11, 1971. The suit charged that Crimsons operators, Richard Kvitka and Michael Entner, law students at Suffolk University, had refused, upon the instruction of apartment owners, to make apartments available to Negroes. |