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Show - Serials Order Department University of Utah IP 84112 City mm'ui 'Trnv . S'- - f . I v- SALT LAKE CITY, UTAH 8DPBEME COUBT OF THE UNITED STATES BROADRICK APPEAL FROM et al. v. OKLAHOMA THE UNITED STATES DISTRICT et - Com(UPI) mon Cause said, September 13, that candidates for House and 1,8 Senate seats in 1972 primary and al. COURT FOR THE WESTERN DISTRICT OF OKLAHOMA general elections spent $77.25 million on their campaigns between April 7 and the end of the year. The 250,000-memborganization combined a report on congressional campaign finances with a renewed appeal for passage of legislation to provide public funds for political er No. 71-16- Argued March 26, 1973 39. Decided June 25, 1973 Appellants, state employees charged by the Oklahoma State Personnel Board with actively engaging in partisan political activities (including the solicitation of money) among their coworkers for the benefit of their superior, in alleged violation of 818 of the state merit system Act, brought this suit challenging the Acts validity on the grounds that two of its paragraphs are invalid because of overbreadth and vagueness. One paragraph provides that no classified service employee shall directly or indirectly, solicit, receive, or in any manner be concerned in soliciting or or contribution for any political receiving any assessment The other organisation, candidacy or other political purpose. provides that no such employee shall belong to any national, state or local committee of a political party or be an officer or member of a committee or a partisan political club, or a candidate for any paid public office, or take part in the management or affairs of any political party or campaign except to exercise his right as a citizen privately to express his opinion and . . . vote. The District Court upheld the provisions. Held : Section 818 of the Oklahoma statute is not unconstitutional on its (ace. CSC v. Letter Carriers, ante, p. . Pp. (a) The statute, which gives adequate warning of what activities it proscribes and sets forth explicit standards for those who must apply it, is not impermissibly vague. Pp. 6-- 7. (b) Although appellants contend that the statute reaches activities that are constitutionally protected as well as those that are not,' it is clearly constitutional as applied to the conduct with which they are charged and because it is not substantially overbroad they cannot challenge the statute on the ground that it might be applied unconstitutionally to others, in situations not before the Court. Appellants conduct falls squarely within the proscriptions of 1 818, which deals with activities that the State has ample power to regulate, United Public Workers v. Mitchell, 330 U. 8. 75; CSC v. Letter Carriers, supra, and the operation of the statute has been administratively confined to clearly partisan political ... Common Cause Chairman John Gardner told a news conference that the biggest historical impact of the Corrections Officials See Change Slow LOUISVILLE, KY. (UPI) Top corrections officials from four states agreed here it is difficult to dispel the attitude that the prison system is coddling criminals when it tries to implement furlough and work release programs and operate prerelease centra's. Corrections Commissioners William Leake of South Carolina, James Howard of Virginia, Elayne .Hunt of Louisiana and Charles Holmes of Kentucky, made the comments at the Kentucky Council on Crime and Delinquency con- ference, September 13. You need the local people to help you sell your wares, said Leake, e programs referring to centers. The local and law enforcement people can kill you in a second unless you have their work-releas- pre-relea- se cooperation. Such is the case in Kentucky, according to Holmes. He said Kentuckys work release program was lodged in the court of appeals due to objections from the activity. Pp. 6. 338 F. Supp. 711, affirmed. 3-1- attorney general, and that criticism from local residents stymied the center in location of a White, J., delivered the opinion of the Court, in which Burger, C. J., and Blacxmun, Powell, and Rehnquibt, JJ., joined. Douglas, J., filed a dissenting opinion. Brennan, J., filed a dissenting opinion in which Stewart and Marshall, JJ., joined. pre-relea- se Bowling Green. In South Carolina, it costs the state $4,000 annually to house one inmate, Leake said, whereas a mans average weekly earnings in a work release program would be $118. Illinois Court Upholds Daleys Pennsylvania Fails Delegation In Railroad Illinois could not seat people of their choice CHICAGO (UPI-T- he Court of Appeals has ruled that the and force them upon the people of ; 1972 Democratic National ConIllinois. . .contrary to their elective vention's action in ousting Chicago mandate," the court said. Mayor Richard J. Daley and his "Such action is an absolute delegation from their seats and destruction of the Democratic replacing them with a challenger cannot be an absolute process of this nation and delegation was tolerated." destruction of the Democratic The court slapped at the conprocess." The state appeals court blasted vention action, at which Daley the convention's decision to boot out supporters blamed on the forces of the Daley group of regular" Sen. George S. McGovern, the Democrats eventual Democrats and seat instead a delegation led by Chicago Presidential nominee, in refusing to Alderman William Singer and Rev. overturn two injunctions issued by a Cook County (Chicago) Circuit Jesse Jackson. The Daley delegates were elected Court judge against the group of in the Illinois primary. The Singer-Jackso- n challengers. group was named later at. In its unanimous decision, the complaint. D-S.- Democrats. "We think the convention . .was without power or authority to deny the elected delegates their seats in the convention and most certainly anti-Dale- y appeals court ruled that Circuit Court Judge Daniel Covelli was within his legal rights in issuing the two injunctions just prior to the 1972 convention. Suit PHILADELPHIA (UPI) -Pennsylvania has lost a court appeal which sought to enjoin the bankrupt Lehigh Valley Railroad from abandoning operations along its Montrose Branch in the northeastern part of the state. The state and its public utility commission turned to the U.S. Third Circuit Court of Appeals here for relief after the U.S. District Court in Harrisburg, Pa., dismissed the er caucuses of ''1 I 5 f-- r i ... MONDAY, SEPTEMBER 2K, 1973 Watergate affair would be to nine months ending Dec. 31, 1972. once and tor all the moral bankruptcy of existing The group noted that the report was incomplete because it did not show contributions and spending campaign financing practices. is the Public financing only prior to April 7, 1972, when more detailed reporting requirements of workable alternative, he said. Common Cause said 1,010 House the federal campaign spending law candidates and 106 Senate can- took effect A Common Cause expert said the didates Mho went through both demonsrtate primary and general elections total for spending probably would go raised $69.7 million and spent $66.4 as high as $85 million if the figures in the period of just under fra: the full year were available. campaigns. 6-- 16. 72 -L $77.25 Million Spent on 72 Congress Races (WASHINGTON Syllabus -f; V- o v '' V. tv.) VOLUME 17, NUMBER 177 V V4 ' i ' The appeals court on September 8 affirmed alower court finding that jurisdiction in the case has been vested in the reorganization court of Judge John P. Fullam here under Section 77 of the Federal Bankruptcy Act. Fullam has taken under advisement Lehigh Valley's petition to shut down the carrier because of losses amounting to at least $800,000 a month. ld Ninth Circuit Court Voters In 'Uninhabited Territory' Have No Say t An election is not necessary prior to a citys unilateral annexation of uninhabited territory. The holding by the State Supreme Court upheld such a procedure since less than 12 voters lived in a 24.7 acre parcel incorporated into the dty of Thousand Oaks and affirmed a lower courts dismissal of an action brought by the only two inhabitants of the area. Petitioners owned 4.7 acres in the proposed annexation area. Since 12 voters were not present in the parcel, the city unilaterally annexed the land, without holding an election in the territory. - Such action was authorized by the Annexation of Uninhabited Territory Act of 1939. Petitioners challenged this statute; alleging on unconstitutional denial of equal protection. The trial court found no such deprivation and the duo appealed. Affirming, a unanimous high bench found no suspect classification and therefore only a rational basis was necessary to support the legislative distinction. There was no issue of the exclusion of a class from participation in an election rather the case turned on whether the inclusion or exclusion of any election as part of an annexation proceeding can justifiably be made to depend on the number of resident registered voters. Since no election need be provided in any case and since a rational justification existed in the need for continued development of Californias cities the legislation met foe test. Weber v. City Council of Thousand Oaks, State Supreme Court, LA. 30099, Sept. 4, 1973, per Wright, C. J. Christian . B. Hendricksen for appellant; Royal M. Sorenson for respondent. (jjm) Parolee Has No Right to Ball While on 'Parole Hold' parolee who while in custody for a new offense, has a parole hold placed upon him, has no constitutional or statutory right to bail in this situation. The ruling of the State Supreme Court came in a case denying a writ of habeas corpus to a parolee so held. The petitioning parolee had been convicted of forgery in 1963. The Adult Authority refixed his term in 1969 and granted him parole in November of that year. A federal conviction for aiding and abetting the uttering of a forged check brought no action from foe authority, but a subsequent arrest for grand theft auto one' month later resulted in a parole hold being placed against him. He was therefore not entitled to bail and remained in curtody pending his trial Found guilty, this parole was suspended and he was returned to state prison for revocation proceedings. The states highest court found implicit authority for its denial of bail in this situation in the U. S. Supreme Courts language in Morrissey v. Brewer. Nor was unanimous seven-mapanel aide to discern even a suggestion that a parolee charged with a violation while conditionally released on parole has a right to remain at liberty' in any of the federal constitutional provisions they were directed to. Since the hold is jriaced irrespective of the outcome of the criminal charges filed against the parolee, Article I, Section 6 of the California Constitution was also inapplicable. To allow bail from a hold would constitute an infringement upon a proper exercise of foe statutorily declared exclusive jurisdiction of the authority in the parole area. The court also held that the preliminary hearing and trial of a parolee on the new charge may serve as his Morrissey hearings as long as he has fair notice of the nature and effect of a hearing intended to serve such a dual purpose: and, if a felony is charged. If a misdemeanor is charged, the same procedwe may be followed if the delay before trial is avoided and transcripts are made readily available. In Re Law, State Supreme Court, Crim. 16494, Sept per Wright, C. J. Richard Rocha for petitioner; Russdl.hingerich for respondent (jjm) A n 3, |