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Show APR! 6 is?3 c.jr i'j 1 ? -- -f University calt ji t.: P lTji.r Utvh Capsule DISMISSAL OF WATER FLOW INTERFERENCE COMPLAINT AFFIRMED THOMPSON DITCH COMPANY, Plaintiff and Appellant LLOYD JACKSON, et al., Defendants and Respondents Declined to consider argument not considered by court below. Plaintiff counsel: Golden W. Robbins, 205 Newhouse Bldg. Bell Defendant counsel: Brant H. Wall, 530 Judge Bldg. J. Richard Bernard L Rose, 53 E. 4 S. Carl J. Nemelka, Hall of Justice H. D. Cowley, 315 E. 2 S. James W, McIntosh, 15 E. 4 S. See details page 4. Legal Briefs Further commenting on the states that at agency system, Long d present, the system is and in danger of further deterioration due to many companies switching to mass marketing and direct billing systems. In order to survive, Long said that agents must be willing to accept new responsibilities by performing much of the adjusting function of personal lines and first-part- y losses. The shifting of such responsibilities to the independent agent cranes about through the proposed settlement option whereby die insured receives, in lieu of cash payment for damages received, -PIND. erhaps insurance agents, by and large, should spend more time thinking about how they might enter BLOOMINGTON, under-utilize- away from the business traditionally belonging to agents. This remark on the agency system is part of a paper, A New Settlement Option: Restoration Instead of Cash, by Dr. John D. Long, CPCU, C.L.U., chairman and professor of Insurance at Indiana University The article, which appeared in the last issue of the CPCU Annals, was prepared through a research grant by the Henry J. Loman Foundation, SUPREME COURT OF THE UNITED STATES Classroom The college Trustees lost no time Ms. Metzger, a liberated litrea-tur- e in firing Ms. Metzger when they teacher; taught freshman learned of the incident. Her actions constituted immdral English at Valley Junior College. One section of the textbook, en- conduct showing her to be unfit for titled Contemporary Moral Is- teaching junior college students, sues," , focused on censorship and the president said. filed a lawsuit deobscentity. To kick off the. class ; Ms. Metzger ' discussion, Ms. Metzger showed her manding reinstatement and backeager students an advertising bro- pay"I simply wanted my class to chure called "You Can Become a Sexual Superman.' It contained learn more about contemporary soracy language and splashy photo- cial issues than they could from graphs of a nude couple. She also reading the required textbook, she read, aloud "Jehovahs Child, a said. I cannot be dismissed for poem sprinkled liberally with slang classroom use of examples from references to sexual organs and the real world. WHO WON? words. profane four-lettThe Board of Trustees must reinstate Ms. Metzer, . ruled the court. "In deciding whether to dismiss a teacher, a school board may consider his habits, his speach, his cleanliness, the wisdom of his unofficial utterances, and his associations, said the judge. "However, there must be some evidence of adverse effect on the students. "In this case, there was no such WASHINGTON (UPI) -E- ighteen evidence. On the contrary, the evistates want the Supreme Court to dence shows that Ms. Metzgers acmake an interpretation of the 1970 tivities were generally accepted as Clean Air Act that would forbid any part of current academic practice. (Based on a recent decision of the pollution of air that is now clean. Court as reThey outlined their case to the California Supreme and Paul LeRitter John told by High Court Tuesday, asking the the of vine University of Miami justices to uphold a decision handed School of Law.) down by the U.S. Court of Appeals in the District of Columbia last Nov. 1. SyUabus WHAT HAPPENED? er States Seek Act Guides Clean Air That decision forced William Ruckelshaus, administrator of the Environmental Protection Agency (EPA), to disapprove all the state dans then under consideration by the EPA. However, Ruckelshaus was saved from immediately ordering complete nondegradation of air by a Supreme Court stay issued Nov. 30. His'appeal is scheduled for argument the week of April 16. A joint brief filed by 16 states said Ruckelshaus view of the law frustrates and defeats its purpose. The states raised numerous objections, including the difficulty of protecting the air in a single state if neighbor states do not adopt the same measures. The only effective standard is a national one, they said. Further, it said, a state that enforces strict air quality standards is at a disadvantage in attracting new industry. The states are Alabama, Connecticut, Florida, Kansas, Louisiana, Maine, Massachusetts, New Mexico, New York, North Carolina, Ohio, Oregon, Pennsylvania, South Dakota, Texas and Vermont. Two others, Illinois and California, filed separate briefs, taking the same position. kS- 5- A Insurance Men Told to Stress Restoration related businesses rather than concentrating on how to keep ethers v. In defx. THURSDAY, APRIL 12, 1973 SALT LAKE CITY, UTAH Utah Supreme Court Decision - Obscenity ' VW up h I' City ' VOLUME 17, NUMBER 70 Supreme Court: ( serials order HURTADO et al. v. UNITED STATES CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 71-67- 42. Argued January 17, 1973 Decided March 5, 1973 restoration or replacement. The agent, therefore, would be put in a position to supervise routine repairs and replacements rather than an independent adjuster or company staff member. Long contended that, Use of this option in solidifying the agent's function and in giving real meaning to the word service could prove to be a boon to many agents ... to the extent that the option would generate an increase in agency service and lead to more effective utilization of the present agency plant, it would be in the public interest. The paper explored the use of the option not only through the viewpoint of the independent agent, but insurance companies and their policyholders as well. Long presented the new settlement option in light of current insurance operating procedures, and how the option might appear written into a policy. Operating difficulties such as persnickerty insureds, deductibles and inadequate limits, antitrust charges, pricing, corruption and questionable demands were also studied.. ,. r,; Although Long said many may argue that insurers are doing as much as possible for their clients, he declares that more needs to be done. all too often the process stops short of the real assistance sorely needed by those who suffer , material witness who is incarcerated because unable to give bail is entitled under 28 U. S. C. 1821 to the same $20 per diem compensation as is allowed a nonincarcerated witness during the trial or other proceeding at which he is in attendance, i. e., has been summoned and is available to testify in a court in session, regardless of whether he is physically present in the courtroom. Pp. 0. 2. The $1 statutory per diem plus subsistence in kind for incarcerated witnesses before trial does not violate the Just Compensation Clause, as detention of a material witness is not a "taking under the Fifth Amendment; and the distinction between compensation for pretrial detention and for trial attendance is not so unreasonable as to violate the Due Process Clause of the Fifth Amendment, since Congress could determine that in view of the length of pretrial confinement and the costs necessarily borne by the Government, only minimal compensation for pretrial detention is justified, particularly since the witness has a public duty to testify. Pp. 11-452 F. 2d 951, vacated and remanded to District Court. 1. A 5-1- ... insured losses." The Long further stated, overriding issue is whether this real assistance could be an officially recognized part of the insurance business . , . Because the potential good to the public that could come from the option is so pronounced, I would like to see the topic pursued and the option made available on an experimental basis. 13. Stewart, J., delivered the opinion of the Court, in which Burger, C. J., and White, Marshall, Blackmun, Powell, and Rehn-quis- t, JJ., joined. Brennan, J., filed an opinion concurring in part and dissenting in part. Douglas, J., filed a dissenting opinion. USC Appoints Dr. E.K. Nelson Public Ad Dean LOS ANGELES (ACCN)-- Dr. Judicial Elections, Spoils System Criticized BIRMINGHAM, Ala. A contested election between two candidates is the worst possible way of retaining and selecting highly competent judges, Chesterfield Smith, president-elect of the American Bar Association said here recently. Speaking before the Second Citizens Conference on Alabama' State Courts, Smith said, The world of a judge is basically reflective, and the cases before him are rarely flamboyant The qualities of a good judge, such as scholarship, restraint and reflection, are not always coupled with the skills of a polished campaigner. While a good campaigner can make a good judge, it is irrefutable that a judge cannot render effective judicial service at the same time he is running an effective camSmith added. paign for In addition to citing other problems of selecting judges through the elective process, Smith said: Effects should be made in all states to remove the selection of judges . by executive appointment from the political spoils system." Nominating Commissions Instead, the ABA official said judicial nominating commissions composed of the most able judges, lawyers and lay citizens should be used as a neffective means of selecting the finest men for vacancies on the bench. Commissions should fill judicial vacancies by appointment from a merit panel, he added. After the appointment, the judge should be permitted to serve only long enough to establish a judicial record. Retention elections should then be held to give the people a chance to examine his judicial record and to decide if they want him to serve again. If the people conclude that the judges record is deficient and that they do not want him retained, the office becomes vacant and the vacancy is again filled by the commission. Qualified Attracted This type of system 'Is attractive E.K. Nelson of the University of Southern California (USC) faculty, and an authority in public administration, criminology and law, has been named dean of the University of Southern Californias School of Public Administration, USC President John R. Hubbard has to highly qualified lawyers who 'announced. would not otherwise accept judicial The new dean holds degrees in appointments, Smith said. And it law and public adpsychology, retains the right of electors to disHe is chairman of the ministration. charge a judge who does not have Mental Health Council of Western public acceptance and approval. Smith also said that Alabama and the Western Commission on Higher other states must ensure our sitEducation, and also chairman of the Research Council of the National ting judges adequate compensation, beneretirement and Council on Crime and Delinquency. job security, fits, if we are to attract and keep Nelson was the first In 1955-5the best lawyers as judges." warden of the Haney Correctional Smith, a Lakeland, Fla., attorney,' Institution, a model will become ABA president in British Columbia facility. In 1970, he , August. was a member of the American delegation to the United Nations Conference on the Prevention of Smog There, Too Crime and Treatment of Offenders, SINGAPORE (UPI) in Kyoto, Japan. held Smoky exhausts of motor vehicles account USC's School of Public Adfor 67 per cent of the air pollutants in ministration graduates annually Singapore, according to reports about 200 students, most of whom go from monitoring stations set up in into government at various levels. various parts of the Republic. With three California campusses in Second main cause of air pollution operation, it will next year open a cranes from power plants, the National Center of Public Affairs in stations reported. Washington, D.C. 8, on - |