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Show Far la R (rl.r Univernity tf palt tukeCity IVj.ji 1r-- n Ut h Ut!'h ORD X01 i SALT LAKE CITY, UTAH VOLUME 17, NUMBER 82 Detroit Bench, Bar, Businessmen Voice Coolness on Probate Code Utah Supreme Court Decision Capsule Subdivision Dispute HIGH COURT OVERTURNS LOWER COURT maintenance responsibility for roads, water systems and financing contested. - Aspen Acres Association, Plaintiff and Respondent v. Seven Associates, Inc., Defendant and Appellant Trial Court: Developer had continuing duty to maintain roads and water lines, although no contractual provision cited when defendant acquired all of developers right, title, and interest in the property, the trial court concluded that defendant was liable for all of the developers duties; but, since these duties had been delegated to plaintiff, plaintiff was the agent of defendant. Ruled plaintiff was trustee for all of the lot owners. . . . since the developer had deleSupreme Court: Reversed. 1)" duties to it became defendants agent, and gated plaintiff, defendant was obligated to guarantee the performance of the duties by plaintiff to its members or other lot owners. 2) in the instant case, plaintiff owns no real property within the tract and, therefore, has no right to interfere or control the easements appurtenant to the realty therein. . . . . membership in plaintiff is composed of 3) only a portion of the lot owners in the tract; these members may not interfere, restrict, or control the easement they enjoy in common with the nonmembers. no individual owners of . easements (except 4) for defendant). Plaintiff counsel: Clyde, Mecham & Pratt, Frank J. Allen, 351 S. State Defendant counsil: John G. Marshall, 411 Kearns Bldg. See details page 3 .... .... .... .... ... Migrants seasonal from Mexico. workers BNDD Head Asks No Bail for Some Pushers BOSTON (ACCN) - Citing an instance when a Federal narcotics agent was threatened with assassination by a known narcotics trafficker, who was freed on bail, John E. IngersoU, director of the U.S. Bureau of Narcotics and Dangerous Drugs, has urged that narcotics traffickers be held without bail if they are a threat to the community. Speaking Massachusetts before Narcotic the En- forcement Officers Association, IngersoU referred to BNDDs study on Post. Arrest Drug Trafficking which shows that more than 70 percent of those accused of being narcotics violators are freed on bail for a period of three months to one year between the time of arrest and the time of trial. The same study showed that over 25 percent of the FederaUy convicted narcotics violators were not even sentenced to jail. In the case IngersoU cited, one of the BNDD's agents, acting in an undercover role, was threatened with assassination by a known narcotics trafficker negotiations leading to during the purchase of a large quantity of heroin. When the suspect was arrested by BNDD agents, the suspect again made the threat of reprisal. At the arraignment, the death threat was revealed to the Magistrate, In the hopes that a high bond would be set. estimated by the United States Farm Workers Union to number between 100,000 and 400,000, must obtain visas before entering the United States. The effect of the decision under recent labor department' rulings could deny the seasonal workers admission to this country. The appeals court ordered a lower court to prepare an injunction which will require the seasonal workers from Mexico to be classified as nonmigrants and thus required to have visas. The decision came on a suit filed by the United Farm Workers against the Immigration and Naturalization Service which has classified Mexican seasonal workers as returning resident aliens'Vand thus exempt from visa provisions. The effect of the decision could be and might prevent most of the Mexican workers from entering the United States. However, the ruling does not Affect Mexicans who commute daily to U.S. jobs and return home at night. far-rangi- ng By classifying the workers Saying that provisions of foe code would permit bilking of estates by personal representatives, he pointed out how old Rule of Court 5A (new rule 707.3) corrected many abuses which would return if S.B. 47 were enacted. Answering a Committee question as to how much of the code was worth saving, Mr. Feldman replied by saying none. Senators Query Cut in Urban Attorney Darryl Coon speaking in support of UPC felt that improvements outweighed foe harm and that corrections could be made. The dower provisions of the Program Staff WASHINGTON Gen. (UPD-A- tty. noteworthy. Should S.B. stiff opposition from Democratic Senators in seeking approval of a of the staff plan to cut now running a federal program aimed at prevention of civil disortwo-thir- effect ds as non- immigrants, the court put them under Labor Department regulations which permit nonimmigrants to enter the country to perform seasonal work1 only if the Secretary of Labor has determined there is a shortage of labor in the field in which the alien wants to work. According to union attorney Bruce J. Terris, the Labor Department has ruled there has been no shortage of domestic labor in agriculture in recent years. Unless the Labor Department changed its position, most seasonal farm workers from Mexico would not be eligible for visas. and Department, to the 341 personnel in The attorney general testified tha the widespread urban disorders that reached a peak in the late 1960s might possibly be a past chapter in our history. SUPBEME COURT OF THE UNITED STATES Syllabus ROSARIO ET al. v. ROCKEFELLER, GOVERNOR OF NEW YORK, CERTIORARI TO et al. THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT No. 71-13- 71. Argued December 13, 1972 Decided March 21, 1973 Petitioners challenge the constitutionality of New York Election Iaw 186, which requires a voter to enroll in the party of his choice at least 30 days before the general election in order to vote in the next party primary. Though eligible to enroll before the previous general election, petitioners failed to do so and were therefore ineligible to vote in the 1972 primary. The Court of Appeals, reversing the District Court, upheld the New York scheme, which it found to be a permissible deterrent against the practice of primary election raiding by opposing party members. Hdd: New Yorks scheme did not violate 4-petitioners constitutional rights. Pp. (a) Section 186 did not absolutely prohibit petitioners from voting in the 1972 primary, but merely imposed a tima danHina on their enrollment, which they chose to disregard. Pp. 5. (b) The statute does not deprive voters of their right under the First and Fourteenth Amendments to associate with the party of their choice or subsequently to change to another party, provided that the statutory time limit for doing so is observed. Pp. 6--7. date for enrollment, which occurs about eight (e) The cut-o- ff months before a presidential, and 11 months before a nonpresi-dentia- l, primary, is not arbitrary when viewed in light of the legitimate state purpose of avoiding disruptive party raiding. Pp. 0. 458 F. 2d 649, affirmed. delayed-enrollme- nt 10. 4-- 7-- Stewart, J., delivered the opinion of the Court, in which Burger, C. J., and White, Blackuun, and Rehnquist, JJ., joined. Pow- ill, J., filed a dissenting opinion, in which Douglas, Brennan, and Marshall, JJ., joined. especially 4016 47-H.- County Wayne go into Com- missioners would be required to 'divert $1,300,000.00 from other programs to support the Wayne Probate Court, reported Wayne County Commissioner Paul Silver. Presently funds for the operation of the Court come from the sale of certified copies, probate fees, etc. Under UPC such income would be drastically reduced. Ann Arbor attorney Raymond Huetteman expressed belief that bond and a degree of supervision could be added by amendment. Several speakers indicated special concern over specific sections of the ders. 238 of code are proposed Richard Kleindienst has run into it. ' Administrator Irving Feldman. problem which the Code, sponsored by the National Council of Commissioners on Uniform State Laws, eliminate - proposed code was State Public judges, attorneys and business people, the Detroit Legal News has reported The hearing illustrated the Justice WASHINGTON (UPI ) The U.S. Court of Appeals ruled April 16, that court are unversed in the law, unversed in business and unversed in their understanding of human motivation. They need the guidance of supervision. An outstanding critic of the, A joint DETROIT (ACCN) Senate-Hous- e judiciary Michigan committee hearing here recently on S.B. 47 and H.B. 4016 embodying this state's proposed enactment of the controversial Uniform Probate Code brought out more than 150 Kleindienst went before a Senate appropriations subcommittee, April 5, to defend the administrations proposal to slash nearly $4 million from the budget for the Community Relations Service (CRS) in the Court Declares Visas Needed By MONDAY, APRIL 30, 1973 proposed legislation. Rep. Fitzgerald was especially interested in the cost and frequency of published notice as required under present rules and the proposed code. He asked that specific amendments be submitted to the committee for consideration. After nearly 4 hours of testimony the Committee heard Prof. Richard Wellman, who was the Chairman of the American Bar Association Committee who drafted the Uniform Probate Code, explain some of the provisions most under fire. He indicated that a number of these provisions are presently working in many states. He reported that Section 31, which denies access to probate records except to those with a financial interest, had been removed from the national code. He said that the Bills, as introduced, were not ready for enactment. The committee, composed of Sen. Richardson, Rep. Fitzgerald, Rep. William Brodhead, and Rep. Perry Bullard, asked frequent questions and requested that speakers with specific amendments submit those amendments to the Committee. Hearings on S.B. 47 - H.B. 4016 will continue and it is expected that many who testified will be asked to make additional comments. . insurance for bodily injury and property damage liability coverage would be required for all Nevada drivers. At present, it is estimated 30 to 40 percent of motorists do not have an insurance will not apply to policy. motorcycles, and those on Medicare will not be required to buy the Auto No-fau- lt |