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Show T FjriaK PrJ:r University nf Fait LkeCity, D-- tr. r n1 WESTERN AMERICANA Ut 'h Ut'.'h t: 3 1 2 SALT LAKE CITY, UTAH VOLUME 16, NUMBER 224 Capnh High Court Reverses RECOMPUTATIOX OF INTEREST ON REAL PROPERTY CONDEMNATION JUDGMENT SAN DIEGO, CALIF. (UPI) STATE OP UTAH, by and through Its Road Commission, Plaintiff & Appellant v. J WALTER C. & ELLA E. ROHAN, and MEDALLION MORTGAGE CO., Defendants defendants Appeal: From an order of the trial court granting on interest of judgment. tion for recomputation . . . "no Supreme Court: Reversed. Under Section should be allowed from the time the deposit was paid into the court. Plaintiff fully complied with the statute upon formal notification making the deposit, and it had no duty of to the defendants, and the trial court erred in so holding. Defendants had ample opportunity to correct alleged errar . . . no motion made to correct . . . judgment entered on jury verdict,, specified interest would be paid on unpaid balance of award. Plaintiff counsel: Vernon B. Romney, John McAllister mo- A federal judge has decided a dispute between the State of California, which wants liquor prices to go up, and the federal government, which wants them to go down. The State won. The Federal Price Commission complained that the State Alcoholic Beverage Control Department was requiring liquor store owners to rules by federal to raise dealers the prices, ordering anti-inflati- WASHINGTON Fedattl (UPI) Communications Commissioned Nicholas Johnson has called television "the principal pusher to a junkie nation" and called for a grass roots campaign for legislation te regulate TV drug advertising. Weve got a drug problem-j- o America," Johnson told a panel, of church people holding three day of public hearings on drugs and "It's vertising, November called television," he added. pd-viola- Jack Fairclough, 15 E. 4 S. See details page 3 13-1- 5. California Courts Visalia Must Process Golf Course Initiative Red Light Act Use On Bar Upheld Red Light Abatement Law can be used to prohibit lewd activity in a bar which features nude entertainment. The California Supreme Court in a four to three decision refused to , review a Court of Appeal ruling (27 Cal. App. 3d 46) which upheld a trial court's injunction prohibiting . the use of bars premises for lewd purposes or for graphically depicting sexual acts. - He Long Wanted Low Mail Rates WASHINGTON (UPI) Sen. Daniel B. Brewster, - Former has D-M- taken the witness stand in his own defense against bribery charges, testifying that he had been a strong advocate of low cost mail rates long before the bribes were allegedly made. The white-haire- d defendant said he had "freely expressed" his philosophy against an increase in third class mail rates. The Senator is charged with accepting $141,500 in bribes from Spiegel, Inc., in 1966 and 1967, through its Washington lobbyist, Cyrus T. Anderson, to influence his votes on postal rate legislation affecting "junk mail." Brewster appeared calm as he answered questions from his at- torney, Norman Ramsey, often jury to turning to the all-fema- emphasize a point. Brewster emphasized that his main concern was the postal workers, who believed third class mail was important to retain their jobs. "My principal interest, believe me, was in governmental employees, not mail rates," Brewster testified. He said, however, that he did feel third class mail benefitted the nation. The appellate court decision held that the entertainment which was regularly provided by female performers was a graphic depiction of sexual activity and constituted obscene stage conduct and therefore not protected as free expression under the first amendment. The appellate court stated, "The acts of the entertainers or dancers were purely and simply obscene acts performed for the purpose of inciting the sexual desires and imaginations of a group of randy g The patrons. prevention of these acts does not hinder the marketplace of ideas or freedom to distribute information and opinion." However, Justice Robert Gardner, writing for the Court, said that mere nudity or nude dancing cannot, per se, be considered obscene under contemporary standards and voided that portion of the trial courts injunction which prohibited nude dancing of any sort. Supreme Court Justices Peters, Tobriner and Mosk voted to review the decision. beer-drinkin- Feed lot Cattle Numbers Show Year Increase - WASHINGTON (UPI) The Number of cattle and calves at feedlots in the United States has risen sharply in the past year, the Agriculture Department reported. Cattle and calves on has feed November 1 for the slaughter market totalled 9,578,000, up 13 percent from a year earlier in the seven leading states. The number on feed increased in all of the leading states except Iowa, which had a 5 per cent decrease, Nebraska was up 7 per cent, Kansas up 20, Texas up 30, Colorado up 10, Arizona up 17 and California up 19. The panel, which includes Cynthia Wedel, president of the National Council of Churches, and William Thompson, stated clerk of the Presbyterian Church in the U.S.A., explored the impact of advertising on the drug taking patterns of American society. Earlier, the NCC panel was told by the Proprietary Association, a grodp of drug sellers, that their surveys indicate advertising has little impact on drug abuse." "It is quite significant," the Association said, "that in industrial countries like Denmark, Norway and Sweden, where there is no television advertising of medicines, there are, nevertheless, very serious problem? of drug abuse." Johnson told the panel that there is over-the-count- er over-the-count- er rSfita o? ugHSE The C. A. 5th has ruled that the Visalia city clerk mudL$6cepP5 and process an initiative petition to ascertain if there are enough . valid signatures to qualify it for a special election, f fft r? '( The dispute centers around whether the Plaza Regional Park (sometimes referred to as Visalia Air Park) in the City of Visaliashould have an 18 hole golf course. The park en&hmpasseS 240 acres. The golf course would take up about 150 of those acres. The question is whether or not the city should enter into the golf course business in competition with privately owned clubs in - SAN FRANCISCO-T- he te in-ter- 78-34- -9 Defendant counsel: FCCs Johnson Sees TV As Drug Cause Higher Liquor Prices Win Out In California Utah Supreme Court Decisions - WEDNESDAY, NOV., 22, 1972 the area. The city claims that the decision to build a golf course was an administrative one and thus not subject to initiative or referendum. The C.A. rejected this contention stating that the decision was a declaration of public purpose and . . .essentially legislative in nature. Therefore, the decision is subject to the initiative process. The C.A. issued a peremptory writ of mandate requiring the city clerk to accept the initiative petition and process it according to the applicable provisions of the State Election Code. Duran, et al. vs. Cassidy, etc., C.A. 5Ui, 5 Civ. 1839, Nov. 8, 1972, per Franson, J. Kenneth Conn for petitioners; Richard Isham for respondent, (hjh) Return of Film Held Allowable by Court Post-Tri- al The C.A. 4th has held that under Penal Code, Sec. 1536, the superior court has the power to entertain and grant motions for the return of legally seized items after a criminal trial. Section 1536 of the Penal Code provides that property seized under a search warrant "must be returned by the officer in his custody, subject to the order of the court to which he is required to return the proceedings before him, or of any other court in which the offense in respect to which the property or things taken is triable." Pursuant to two search warrants, a large number of allegedly pornographic films, photos and records were seized from the defendants. After defendants were tried and found innocent of conspiracy to distribute obscene matter, they petitioned the trial court for the return of the seized materials. A return order was granted, but the district attorney and chief of police failed to comply with the order. The chief was found in contempt of court, and the People thereafter petitioned for a writ of prohibition contesting the return order. The People contended with respect to the seized materials not introduced into evidence, that the only remedy available for their return was a proceeding in mandate or a civil action for their recovery. The C.A. rejected this contention and dismissed the People's petition. It was held that Sec. 1536 empowered the superior court to entertain a summary proceeding for a motion of return of property legally seized, and that such power was within the inherent power of the court to prevent the abuse of its process. It was also contended by the People that the lower court did not have power to order a return without a determination 'of the contraband character of the seized material. The appellate court also rejected this contention. The court held that even if the jury verdict of acquittal in the criminal action was not a final judicial determination on obscenity with respect to the films which had not been introduced into evidence at defendants trial, continued official retention with no further criminal action pending or contemplated would be. violative of defendants First Amendment and due process rights and would require restoration of the seized items. People v. Superior Court; People v. Loar, C.A. 4th, 4 Civ. 12087, 4 Crim. 5616, Nov. 9, 1972, per Tamura, J. Cecil Hicks, Michael R. Capizzi and Oretta D. Sears for Petitioner, F. Filmore Jaffe and Saul J. Bernard fpr real parties in interest, (beb). K drugs is based on over-the-count- er misinformation, that our growing reliance on drugs may pose serioutf national health problems. There is even the possibility that our hedonistic reliance on drugs may be. a debilitating social phenomenon," Johnson said. Johnson said that he believes all broadcast advertising of over-the-count- er drugs and analgesics particularly mood-alterin- g drugs should be banned. But as a political compromise, he said, "Rules could require that any drug advertising be cleared with the FDA and the FTC (Federal Trade Commission) prior to broadcast." over-the-count- er Fee Hike Fails To Cut Realty Salesmen Ranks WASHINGTON (ACCN) - When the Connecticut General Assembly last year raised real estate salesmens licensing Tees bi-ann- from $20 to $150, and brokers licenses from $70 to $200, the Connecticut Association of Real Estate Boards anticipated a weeding out of salesmen from the professionals, Realtors Headlines, publication of the National Association of Real Estate Boards non-practici- ng (NAREB), has reported in its October 30 issue. This year, however, 22,000 residents still hold licenses virtually the same number as in 1971 and, according to CAREB President Alfred Capozza, the fee increase "mixed brought blessings". The new fee hike, Realtors Headlines notes, generates roughly $4 million every two years. Of this amount, approximately $400,000 supports the operation of the state real estate commission and the Center for Real Estate & Urban Economic Studies at the University of Connecticut. Another $3.3 million is funneled into state coffers marked for general funds. "When additional state taxes are considered by the General such as a real estate conveyance tax or possible sales tax on brokers' commissions," Realtor Capozza told Realtors Headlines, "the Connecticut Association is quick to point out the $3.3 million that Realtors currently contribute to the state." Assembly, i |