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Show Fi Foriali. Prdir 0 ur -- i tr.;- - University of lJth Fait lakeCity, ts!12 lit Mstehn VOLUME 17, NUMBER 37 SALT LAKE CITY, UTAH SECRETARIES Utah Supreme Court Decisions VISIT PRISON - Capsule The Salt Lake Legal Secretaries observed their annual by taking a conducted tour of the Utah State Prison. Cur guide on the tour was Mr. Ken Shulsen, Director of Vocational Education at the Prison. The tour included the minimum security section, medium security section, the womens' facilities, the license plate plant and machine shops, the chapel, recreational facilities and dining and culinary areas. An informative rap session was held with some of the prisoners. June L. Hallstrom served as chairman of the event. Property Tax UNSATISFACTORY RECORD FORCES NEW PROCEEDING Day-In-Cou- MARY JEAN NELSON, Plaintiff v. STATE COMMISSION, Defendant Property purchased in 1971 from trustee in bankruptcy for 1275,000 subject to 1971 property taxes of $10,313.75. Salt Lake County Assessors valuation of $530,700 claimed excessive. "a further trial of material issues, when the interests of Supreme Court: justice so require; and this is equally true with respect to the review of proceedings of administrative agencies. "only proceeding had was of an informal nature and without any record being made and there is no transcript as to what occurred at the hearing. . . . only a sterotyped form with blanks filled in ... . The mere fact that this particular property was purchased as a figure much below the appraised value does not necessarily show conclusively what is valuation should be. .... .... Commission counsel: Plaintiff counsel: Vernon B. Romney Blaine Davis BAILEY CREEK, IDAHO--Terracis preparing to file a new 145 homesite subdivision at its 715-acBailey Creek recreation project, the community just south of Soda Springs in southeastern Idaho. The first new filing, entirely within Caribou County, totals 123 acres and has an average lot size of almost 24,000 square feet, or well over half an acre, or Craig T. Vincent 920 Boston Bldg. re all-ye- See details page 3 OKLAHOMA CITY ATTORNEY NAMED ABA PRESIDENTELECT NOMINEE James D. Fellers, Oklahoma City trial attorney, tonominee day became president-elec- t Association. Bar of the American He will stand for formal election g body, by the ABA's the House of Delegates, when the Association convenes its annual meeting in August in Washington, D.C. He would then succeed to the ABA presidency at the conclusion of the 1974 annual meeting. Kenneth J. Burns, Jr., of Lancaster, Ohio, was nominated for a third term as ABA secretary; and Karl C. Williams of Rockford, Illinois, for a second term as treasCLEVELAND policy-makin- urer. The state delegates also nominated five members to serve on ABA's Board of Governors, the Association's ruling body authorized sesto act between the sions of the House of Delegates. Those nominated were: William C. Farrer, Los Angeles; Justice William M. McAllister, Supreme Court of Oregon, Salem, Ore.; Andrew e, well-know- shut-terbu- Credit For further information, call the Division of Continuing Education at or write the University of Utah, P.O. Box 200, Salt Lake City, Utah 84110. 581-62- charge of marketing. Borders Forest Bailey Creek is a 715-acsecond-hom- e community bordered by the Cache National Forest, an undisturbed setting that offers opportunities for hunting, fishing, hiking and snowmobilinq. re SUPREME COURT OF THE UNITED STATES Syllabus GOOSBY et al. v. OSSER et al. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT No. semi-annu- al The Division of Continuing Education at the University of Utah announced a week long photography tour for residents of the State of Utah in Hawaii from March 17th through March 24th. The tour director will be Mr. Borge Andern intermountain phoson, g who share his will tographer and skills with knowledge aspiring photographers. This tour will provide an excellent opportunity for photographers and those interested in photography to visit three of Hawaiis most beautiful islands Oahu, Kauai and Hawaii. This educational tour is one of the first of its kind to be sponsored through the University of Utah and includes two hours of University ar according to Frank Previte, Terracor vice president in Pa.; Hourigan, Jr., Wilkes-BarrKirk McAlpin, Atlanta; and S. David Peshkin, Des Moines, la. The House also will vote on these candidates in August and their terms would begin at the conclusion of the annual meeting. 71-63- 16. Argued December .6--7, Decided January 17, 1973 MONDAY, FEBRUARY 26, 1973 Foundation Compares Utah Tax Structure rt Terracor Files Plat In Idaho 1972 Philadelphia County prisoners unable to make bail or being held on nonbailable offenses brought this class action, asserting the unconstitutionality of Pennsylvania Election Code provisions denying them the right to vote. When the Commonwealth (but not the municipal) officials who were named as defendants conceded the Code provisions' unconstitutionality, the District Judge (deeming the Commonwealth officials the principal defendants) ruled the case nonjusticiable as not involving an Art. Ill case or controversy, and dismissed the complaint. The Court of Appeals, though differing as to justiciability, affirmed on the ground that petitioners' constitutional claims were wholly insubstantial under McDonald v. Board of Election Commissioners of Chicago, 394 district court was therefore U. S. 31, and ruled that a three-judg- e not required under 28 U. S. C. 2281. Held: 1. The Commonwealth officials concession did not foredose the existence of an Art. Ill case or controversy since the munidpal officials continue to assert the right to enforce the challenged Code provisions. Pp. 5. 2 'McDonald, supra, unlike the situation alleged here, did not deal with an absolute prohibition against voting by the prisoners there involved, and that decision does not foreclose the subject of petitioners challenge to the Pennsylvania statutory scheme. district court. The case must therefore be heard by a three-judg- e Pp. 0. 452 F. 2d 39, reversed and remanded. By Daniel K. Cunningham Daily Record Columnist SALT LAKE CITY, UTAH Utah rates favorably with other Intermountain states when it comes to taxation, according to the Utah Foundations latest research report. However the region as a whole is relatively higher than the national average in almost all areas of comparison. The state has its worst showing when state and local taxes are calculated as a percentage of personal income. In Utah, this amounts to 12:95 percent of personal income, which ranks the state 17th. Other neighboring states rate worse, however; Wyoming ranks 8th with a 13.68 percent; Idaho is 14th at 13.17 percent; Nevada is 9th at 13.59 percent. The Intermountain region as a whole contributes 12.95 percent of its person income to state and local taxes the exact percentage as recorded in Utah. Arizona and Colorado both have lower percentages than Utah. The foundation reports other interesting comparisons which give a picture of how Utah taxpayers fare in relation to other states. The average Utah household pays $1,497 a year in state and local taxes, placing it 22nd out of 50 states. In this category, Hawaii has the highest total tax burden an average of $2,433 per household, while Arkansas has the lowest taxes per household, only $878. The average Intermountain household pays $1,543 a year in state and local taxes, slightly higher than in Utah. Utah Foundation also reports that taxes in Utah have risen by 120 percent between 1961 and 1971 but this was lower than the increase for the United States as a whole (136 percent) and the Mountain States (139 percent) in the same decade. With the exception of gambling taxes, reports the foundation, Utah levies all the major taxes imposed by other states. "This broad type tax coverage requires neraly everyone to participate in the financing of governmental-- - services without placing "a penalty burden on nny one group, segment of the economy or tax source. However the foundation concluded that while Utah is moderate in property taxes levies, it was somewhat high in individual income tax collection, especially for middle-incom- e taxpayers. The foundation also noted that: About 59 percent of the $758 million in total state and local expenditures in Utah came from state and local expenditures in Utah came from state an dlocal taxes. The remaining funds were derived from Federal aid, fees and charges for services, and other miscellaneous sources. Facts You Should 33 Brennan, J., delivered the opinion for a unanimous Court. Utah devotes a larger proportion of its total state and local spending for education, compared with other states. This is because of the state's relatively higher student population. The emphasis on education has resulted in lower priority being placed on other governmental services. State and local spending in Utah increased 141 percent in the period between 1961 and 1971. By comparison, state and local spending rose 147 percent in the Mountain States, and 160 percent in the U.S. . ONE MAN, ONE VOTE ALTERED (UPI) - The a ruled WASHINGTON Supreme Court in 5-- 3 decision Wednesday that states should be allowed greater variance one-vot-e rule in from the one-matheir reapportioning legislatures. The action came in a Virginia case in which the court overruled a three-judg- e federal court and reinstated a reapportionment plan drawn up for the State General Assembly in 1971. The plan allowed a 16 per cent e deviation from the one-marule that electoral districts generally should be equal on a population basis. In the majority opinion, Justice William H. Rehnquist held that since the objective of the Virginia apportionment was rationally designed to maintain local voice in the Assembly, more flexibility should be permitted for state legislatures than for congressional redistricting. The three-judg- e federal court substituted its own plan with a variation of about 10 per cent, but this was thrown out by Wednesdays n, one-vot- n, action. The case was the first on reapportionment to reach the high court under the 1970 census. Justices William J. Brennan Jr., William O. Douglas and Thurgood Marshall, dissented. Speaking for the three, Brennan said the language suggested that more may be at stake than the application of well established principles to a normal set of facts. In my view, Brennan said, the problem in the case before us...is squarely controlled by our prior decisions. Justice Lewis F. Powell Jr., a Virginian, did not participate in the ruling. In other actions yesterday the court: Ruled that Know About Social Security 4-- 5-1- America Starting In 197B; a social security beneficiary may earn up to $2,101 and keep all 12 social security checks due for that year. Starting in 1973, a social security beneficiary is due a full check for any month in which earnings are $175 or less, no matter how high the annual total. Mississippi legal practices denied a fair trial to Leon Chambers, convicted of murdering a policeman in Woodville in 1969.. The events in Woodville, a small town near Natchez, stemmed from a distrubance ait Hayes Cafe, a local bar and pool hall. Police officers Aaron (Sonny) liberty and James Forman entered the cafe to execute a warrant for the arrest of.p youth .7 named C. C. Jackson. A hostile crowd gathered to protect Jackson and after more police arrived a shooting incident occurred killed. in which Liberty 1 was |