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Show Serials Order Department University of utan 84-11- City H SALTLAKE CITY, UTAH VOLUME 17, NUMBER 160 Seven Indicted For D.C. Murders Of Muslim Sect - Abdul-Jabba- kill. The killings set off speculation by officials about a feud between rival Muslim groups. The U.S. attorneys office refused to say whether the seven charged with conspiring to murder the Hanafis had any con- nection with such rival groups, and a spokesman for the Muslims in We 14, 23-cou- nt know indictment, John W. Clark, William Judge Rules Thomas Clinton, an eighth person named in the indictment as a coconspirator, died last month of natural causes. Harvey was arrested June 28 in Philadelphia on fugitive charges involving the June 8 slaying of Major Coxson, a flamboyant who ran unsuccessfully for mayor of Camden, N.J., earlier this year. A spokesman for the U.S. tomeys office said the seven were not in custody at the time the dictments were returned. ng ' ust SUPBEME C0UBT OF THE UNITED STATES - (UPI) A federal judge has ruled that President Nixons 1970 "pocket veto" of a family doctor training program approved by Congress was invalid, and that the bill should be conWASHINGTON sidered law. The August 15 decision was a victory for Sen. Edward M. Kenwho had argued the nedy, case in court. Although the case may eventually go to the Supreme Court, Kennedy said the ruling "is a strong new example of the vindication of the rights of Congress against encroachments of the executive s., branch." U.S. District Judge Joseph C. Waddy held that Nixons pocket veto of the proposed 1970 Family Practice of Medicine Act was not valid because Congress still had the op-- , portunity to try to override the veto. If Waddys ruling is upheld, it could effectively prevent the President from using the pocket veto while Congress is on a holiday, recess. If Congress is not in session, a bill is considered "pocket vetoed if the President has not signed it 10 days after he receives it from Congress. The bill in question is a three-yea- r, $225 million authorization for a training program for family doctors through federal grants to medical schools and hospitals. The Administration is expected to appeal Waddys decision. GOLDSTEIN et al. v. 71-11- CALIFORNIA Argued December 13, 1972 92. f Decided June 18, 1973 . Petitioners, convicted for committing acts of "record or "tape challenge the California statute proscribing piracy in 1970-197- 1, such practices, as violative of the "Copyright Clause, Art. I, 8, . cl. 8, of the Constitution, and the federal statutes enacted thereunder. The state appellate court upheld the validity of the statute. Held: 1. Article I, 8, cl. 8, does not expressly or by inference vest all power to grant copyright protection exclusively in the Federal Government. Pp. (a) Although the objective of the Copyright Clause was to facilitate the granting of rights national in scope, it does not indicate that all "Writings are of national interest or that protective state legislation is, in all cases, unnecessary or precluded. Pp. 1. (b) No substantially prejudicial interstate conflicts result where some States grant copyright protection within their own jurisdictions while other States do not. Pp. 11-(c) Conflicts will not necessarily arise between state enactments and congressional policy when States grant copyright 6-- 14. ( 6-1- 13. 3. protection. Pp. (d) Unless Congress determines that the national interest requires federal protection or freedom from restraint as to a particular category of "Writings, state protection of that category is not precluded. P. 13. (e) The durational limitation imposed by the Copyright Clause on Congress does not invalidate state laws, like the one here, that have no such limitation. P. 14. 2. The California statute does not violate the Supremacy Clause by conflicting with federal copyright law. Pp. 3. (a) Congress did not, in passing the 1909 copyright law, determine that recordings, as original writings, were unworthy of 0. all copyright protection. Pp. (b) Nor did Congress in 17 U. S. C. 4, which provides that "the works for which copyrights may be secured under this Act shall include all writings of an author, or in 5, pre-emstate control over all works to which' the term "writings might apply. Seen, Roebuck A Co. v. Stiff el Co., 376 U. S. 225; Compco Corp. V. Day-BriLighting, 376 U. S. 234, distinguished. Pp. 20-2- 3. 3. Although in 1971, the federal copyright statutes were amended to allow federal protection of recordings, such statutory protection was not intended to alter the legal relationships governing recordings "fixed prior to February 15, 1972. Until and unless Congress takes further action with respect to recordings fixed prior to February 15, 1972, California remains free to proscribe acts of record or tape piracy such as those involved here. Pp. 5. 12-1- But Use Few Words SANTA BARBARA, CALIF. A French-bor- n (UPI) phonetician who recorded 25 hours of conversations in Paris found that fewer than 4,000 separate words were used. Andre Malcot, a University of 16-2- te 24-2- Affirmed. ' i California professor, made the recordings to find how the French language is actually being spoken not how the textbooks assume it is Burger, C. J., delivered the opinion of the Court, in which Stewart, White, Powell, and Rehnquist, JJ., joined. Douglas and Marshall, JJ., filed dissenting opinions, in which Brennan and spoken. Blackkun, JJ., joined. f Union Assessed Back Pay Award In Bias Suit The (ACCN) Department of Justice has obtained a record back pay award in an employment discrimination suit V. program to increase minority portunities to work as operating op-U.- S. engineers, The order set a five-yegoal for blacks to attain 7 percent of job and training opportunities and other ar award $396,000 will be paid to an estimated 450 minority victims of discrimination in the San Francisco operating engineers case. The award is part of a consent decree, entered this July resolving a 1971 Justice Department suit against Local 3 of the Operating Engineers and a number of i contractor associations. Local 3 is the largest building trade local in the United States, with some 10,000 members who operate heavy construction machinery in northern California, Nevada, Utah and Hawaii. Compensatory payments will be made to blacks and other minority members who were excluded from operating engineers jobs and from apprenticeship training. Under the consent decree, 50 minority members will be allowed to enroll immediately in the four-yeapprenticeship program and will receive up to $2,000 upon completion their training. Earlier this year, the U.S. District Court in San Francisco ruled in favor of the Justice Department in the case and ordered Local 3 to establish an affirmative action ar Obscenity Law Ruled Invalid 14-2- pt French May Talk Much plicant was paying or with a banltfc be sharply reduced as soon as see how much money a person has irQossible. an account. jllhe purpose of these regulations HEW Secretary Caspar Wein- - is iomake sure welfare funds get to berger said the new rules were those in need and to help restore the designed to help states remove publics faith in the welfare unnecessary errors in ad- - system," Weinberger said in a ministration. The longer large statement. Weinberger said the changes "are overpayments and payment to aimed at improving eligibility ineligible recipients continues, the procedures so that the present far more people in real need are too high level of overpayments, deprived of them. underpayments And other errors can Richardson said .the record CERTIORARI TO THE APPELLATE DEPARTMENT, - SUPERIOR COURT OP CALIFORNIA, COUNTY OF LOS ANGELES No. OnfrDil Gen. Elliot L. Richardson has announced. Syllabus Nixon Pocket Veto Void January 1. The rules will end a procedure of simple certification, in which statements made by an appplicant are accepted at face value. The rules allow states to more fully investigate applications. Investigations will be permitted to extend to "outside contacts" without the permission of the applicant. An HEW spokesman said such contacts could include checking with a landlord to see how much rent an ap- - ex-conv-ict about them." Named in the WASHINGTON New (UPI) federal regulations have been issued to tighten welfare eligibility rules and permit states to investigate the financial status of recipients without their consent. A spokesman for the social and rehabilitation service said the new regulations would go into effect next robbery and assault with intent to r. Philadelphia said, Welfare Rules Drawn Tighter Christian, James Price, Ronald Harvey, John Griffin, Theodore Moody and Jeremy Sinclair. All were charged with murder, armed Seven (UP I) inbeen men have Philadelphia dicted here by a Superior Court grand jury for the January 18 murder of seven Hanafi Muslims at a Washington home donated to the sect by basketball star Kareem WASHINGTON tfc fttllJY, AUGUST 24, 1973 NEW YORK (UPI) - A New York State judge has ruled that the states obscenity law is unconstitutional. He also refused to close down four films he fotind patently offensive because, he could not determine what are the moral standards of New York City. Justice Abraham Gellinoff of the Manhattan Supreme Court ruled, August 14, that the states law was overgoverning obscenity broad and in violation of the First and 14th Amendments." In a decision, Gellinoff said he believed the four films High Rise," Behind the Green Dora', "The Innocent Abroad and New The Comers were offensive." "patently But the U.S. Supreme Court has ruled obscenity is to be determined by applying contemporary community standards and not a national standard, he said. 16-pag- e INDIANAPOLIS, (UPI) Indiana has Atty. Gen. Theodore declared that he would defend the confidentiality of an illegitimate birth record unless the has "a personal, sub- stantive interest" in release of the childs petitioner record. The issue developed recent current news value because of a purported birth certificate said by the Washington Post to have once listed Sen. George McGovern as th father of an illegitimate child. The Fort Wayne News-Sentin- el un-o- f dertook to determine if the Post story were true or false, fine the alleged birth took place In FOrt Wayne in the early 1940s. However, Jnrifona state board of health officials refused to open their records on the question despite an Allen Circuit Court order issued at Fort Wayne directing the board to provide a "full, true and exact copy" of the alleged birth certificate, if found. Sendak confirmed at a news conference, August 13, that his position is the same as that taken in 1948 by, then Indiana Atty. Gen. Cleon Foust, although he added that "we will abide by the decision of the courts." Sendaks staff has filed a motion to expunge from the record the Allen Circuit Court order that requires the state board of health to produce the birth certificate, that is awaiting action. Supreme Court Decisions (See details page '4) |