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Show Serials Order Department University of Utidi City 84112 i . SALT LAKE CITY, UTAH WEDNESDAY, OCTOBER 17, 1973 Court Session Term Opens By Charlotte Moulton The (UPI) Supreme Court agreed October 9, to rule on the constitutionality of a provision of to used .law convict two military servicemen in connection with Vietnam war protests. Two lower courts have ruled that the language in Article 134 of the Uniform Code of Military Justice, dating back to colonial days, is so vague that a person may have no way of knowing whether he is WASHINGTON ld violating it. The Supreme Court will hear arguments on the provision later this term and render a written opinioa The court, on a busy first day of action following its summer recess, issued a flurry of orders on cases involving racial matters, obscenity, President Nixon's impoundment of sex funds, discrimination and a variety of other subjects. In the case involving the military code, the court accepted the appeal of Marine Pvt. Mark Avrech, convicted by court martial of trying to publish an antiwar statement on appropriated Vietnam. The court did not act, at least for the present, on an appeal by Capt. Howard B. Levy, a Brooklyn, N.Y., dermatologist convicted for refusing to train army medics for service in Vietnam. Both men were prosecuted under the provision which forbids all disorders and neglects to the prejudice of the good order and discipline in the armed forces" and all conduct of a nature to bring discredit upon the armed forces. The U.S. Circuit Court of Appeals for the District of Columbia, in reversing Avrechs conviction, called the Article a crazy quilt of offenses. . . a catchall for varied types of unforeseen conduct not otherwise covered by the code. Among its other actions, the court: Refused to interfere in a federal juge's proposal to merge the predominantly biack city schools in Richmond, Va., with predominantly white ones in two suburbs. Refused to take up a challenge to federal law which forbids racial "blockbusting" by real estate dealers. Turned down Georgia's hid to sue President Nixon directly in the high court for refusing to spend funds appropriated for education, highways and fighting pollution. Rejected several requests to reconsider its ruling last June laying down a new definition of local in latitude wide setting jurisdiction their own standards; refused Virginias request for clarification of the "community standards obscenity and giving guideline. Refused to reconsider a ruling that newspapers may be compelled to eliminate sex preferences in ads, and refused to hear an appeal of a ruling that help-wante- d I stores may pay salespersons less than men in certain instances. Agreed to rule on whether welfare assistance to strikers interferes with the freedom of collective bargaining. Turned down an appeal by Richard P. McCoy Jr., a Vietnam veteran sentenced to 45 years in prison for hijacking a United Airlines plan in April, 1972, and collecting $500,000 in ransoom. Rejected the fifth attempt of former Teamster President James R. Hoffa to get his 1964 jury tam- pering conviction overturned. Agreed to draw a boundary line that will settle the lobster war between Maine and New Hamp- shire. New Hampshire Attorney General Warren Rudman had asked the high court to take direct jurisdiction in the dispute as the Constitution permits when two states can't agree. The court gave Maine 30 days to respond. Senator Sees Cost Deferring U.S. Health Plan - The SEA ISLAND, GA. (UPI) high cost of a national health care program makes it unlikely that the present Congress will act on it, according to Sen. Wallace Bennett, R-Ut- Bennett, in speech to a group of health program management specialists, October 8, said such a national program would require new taxes to finance it. "Congress is keenly aware of a strong and growing resistance to any increase in taxes for any purpose," he said. "To complicate the situation further, there is a real rivalry between the administration and the congress as 'to which can demonstrate the greatest fiscal responsibility. Bennett is the ranking Republican on the Senate finance committee, which has jurisdiction over national health insurance legislation. "I don't believe the people really realize just how great the added tax burden must be to provide the billions needed to support some of the large-scal-e programs which have been proposed, Bennett said, adding that a health care bill sponsored by Sen. Edward Kenwould cost "an nedy, estimated $70 trillion." Although ruling out the possibility of Congressional action on a national health insurance program, Bennett said it was possible that Congress might act on "sane limited type of catastrophic health insurance coverage and s., full-sca- le improvements in medicaid. Potpourri: A Look at Nixon Stress, Drug Tests, Attorneys' Ads Supreme Court Decisions NIXON STRESSED' The Psychological Stress Evaluator lie backed (voice detector) up President Nixon in his denial of combut it does not support him in his plicity in the Watergate affair Oct 3 statements concerning the vice president. Mr. Nixon told reporters he has never asked Spiro Agnew to resign and has not given consideration to the question of who he might tab to replace the incumbent V.P. Moderate-to-heav- y stress appeared on the PSE charts. in however: while the absence of stress does prove Bear mind, truthfulness, the presence of stress does not necessarily indicate a lie. Stress can be caused by various factors. ... (See details page 4) Jury Indicts Independent Postal System OKLAHOMA CITY (UPI) Three officers of the Independent Postal System of America, Inc. (IPSA), a private enterprise Competitor of the U.S. Postal Service, have been indicted. Sept. 27, by a federal grand jury. Thomas Murray president and founder of the company, and Vive Presidents Orville Declaire and Eugene Feronti were named in 11 counts each of mail fraud, three of of interstate transportation securities with fradulent intent and one of conspiracy. Die IPSA, which operates in 32 states and has about 5.U00 route owners, also was indicted on the same 15 counts. The indictment charged the IPSA and its officers had conspired to obtain money by "false and fraudulent pretenses" through sale of delivery routes, franchises and branch managerships. It said prospective investors were told the company was making huge profits and was in the process of obtaining lucrative accounts with Sears, Montgomery Ward. J.C. Penney and Time magazine. Atty. Stephen Jones, representing the defendants, said the IPSA "has consistently maintained since its inception that it was insolvent." He said the accused would "plead innocent because they are in nocent." Maximum penalty is $1,000 fine and five years imprisonment on each count of mail fraud. $10,000 and 10 years on each count of interstate fraud and $10,000 and five years on the conspiracy charge. The indictment said prospective route buyers were misled into believing they could earn as much as $200 a week on a route, which is sold for $1,000. State franchises reportedly have sold for as much as $100,000. to Inspect Methadone Centers N.Y. NEW YORK (UPI City programs . Perspectives... . By Huger M. Grace not doctors, contends in an editorial that such tests, as proposed by the National Football League, would be an invasion of privacy. The editorial says.: but they "Urinalysis tests are, of course, fit for human beings are fit only when requested by human beings who are patients or volunteers for whatever reason. To make the tests compulsory is an outrageous invasion of human privacy and is offensive." There is considerable debate going on in Germany over legal implications of athletes using drugs. One member of the Federal Supreme Court in Karlsruhe was subjected to severe criticism after asserting that the whole matter should be left to athletes and their associations, and that no legislation is justified. Critics insisted his position reflected lack of conscience. The judge said he was only being practical . . . that any law oi the subject would have to be in the form of a nearly-endles- s list of proscribed substances. Indeed, specificity is essential. Look at the International Olympic Committee's standard, banning use of all substances, including those used for therapeutic ends, that influence performance on account of their composition or amount. That's so broad that even the use of coffee, beer, dr menstruation-inhibitin- g drugs could be considered to be prohibited. Controversy on this subject will no doubt pick up in the United States ... not only as to what substances are forbidden, but also, as to the invasion of privacy issue. An intriguing editorial has apLAWYER SOLICITATIONS peared in the New Jersey Law Journal (a weekly newspaper). The editorial asks if a fresh look should not be taken at the rule that lawyers are not to solicit business. Hie suggestion is made that with a relaxation of the rule, a person seeking legal services might be facilitated in finding the lawyer who could best handle his particular case. Reference is made to a Yale Law Journal note which argues that the stricture might be unconstitutional in light of the First Amendment. ... Hie editorial concludes in this way: "Hie question as we see it, is whether lawyers should be permitted council members investigating methadone maintenance ' The test was performed by James Barnes of the Barnes Investigation Agency in Los Angeles. Horses at the racetrack are given urine PRIVACY INVASION? tests. That's fine, for horses, sports superstar O.J. Simpson of the Buffalo Bills comments ... but not for football players, he says. Larry Brown of the Washington Redskins label? compulsory tests for players "dehumanizing." The Medical Tribune, using a term generally wielded by lawyers. said Monday, they will begin a series of unannounced inspections of methadone clinics next week. Councilman Carter .Burden, on-si- te head of the panel, said the purpose of the inspections was to see that these addicts are being properly treated and tb ascertain if the surrounding communities are being jeapordized because of program abuses. themselves to the public through a restrained statement as to areas of practice and attainments, professional something like that appearing in Martindale-Hubbel- l. Perhaps such statements should be published by local bar associations and be available at public libraries. Certainly the Disciplinary Rules should fix severe restrictions on the content of such statements. Hie restrained professional statement should not constitute a lawyer's touting of his wares. There should be no advertising, as that term is generally understood in business. Of course there should be no fees. advertising of cut-rat- e "In any event; the accepted view of the bar that any public solicitation violates fundamentals of professional ethics, may have to be reexamined; and of course the disciplinary rules will have to be reformulated in this regard if they are unconstitutional. to introduce ' |