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Show THE SALT LAKE TIMES FRIDAY, JANUARY 16, 1976 Utah Supreme Court Opinions Utah Land Board Approves Oil Shale Leases Totaling 14,688 Acres The Oil Shale Corporation mum revegetation techniques. TOSCO is an independent, publicl(TOSCO) has announced that the Utah Land Board has approved the y-owned energy company organunitization of 29 separate state oil ized in 1955 to develop a commershale leases totaling 14,688 acres cial technology for the recovery of which TOSCO holds in northhydrocarbons from oil shale. Today eastern Utah. Charles R. Hansen, it is the industy leader in the field Director of the Utah Division of and owner of substantial oil shale State Lands, said this was the first reserves.. It is completing the deoil shale unitization agreement velopment of its TOSCO II retortapproved by the state and, probab- ing technology for the recycling of ly the first in the United States. scrap tires with The Goodyear Tire The Sand Wash unit agreement and Rubber Company and is at an permits TOSCO to combine five oil advanced stage in developing a shale tracts leased from the state unique coal processing technology. into a single operating unit for the The company and its associates purpose of administration and de- in the Colony Development Operavelopment. Such unit agreements in Colorado have spent more tion are common in oil and gas explorathan $70 million in developing the tion and development throughout TOSCO process. They also have the country, but rare for non-flui- d more mined than 1.2 million tons of materials, Hansen said. oil shale and demonstrated adTOSCO senior vice president vanced environmental control meaCharles H. Brown said, This action sures in disposal of spent shale, by the State of Utah represents a surface restoration, air and water landmark in progressive public land quality control, community assistmanagement providing for unitary ance and planning, and protection management of several oil shale of flora and fauna. tracts which are individually too small for commercial development. The approval of the Sand Wash unit is the result of more than one year's review by the State, includ$52.9 ing public hearings and environmental analyses. Not considering human suffering, "While there is no capital avail- the State Division of Alcoholism able for immediate commercial de- and Drugs estimates that alcohol velopment of oil shale, we believe abuse costs Utah's indistrial econthat public support for energy omy $52.9 million a year. development in Utah is such that National figures compiled by the one of the first commercial plants can be constructed there. Department of Health, Education and Welfare places alcoholism costs TOSCO will commence work on the unit in 1976 to business at $9.35 billion. This ' with a series of mineral evaluation, makes alcohol not only the most environmental study and engineer- abused drug, but one of the most expensive. ing design programs. On December 19, TOSCO anAccording to Yvonne G. Dehm, nounced its withdrawal from federProgram Consultant al oil shale lease project C-- b in Occupational Division of Alcoholism and for the order to strengthen its position in the economic loss comes more immediate near term projects Drugs, "reduced from productivity, absenwork and to begin use of sick leave, excessive on the Utah leases in which TOSCO teeism, accidents, turnover holds a 100 interest. and rates other incalculable costs. TOSCO's lands are located along Utahs estimated work force for the White River, about 35 miles 1975 miles and was 479,000. Of those workers of seven Vernal south five percent (23,950) have lease oil about of shale west the federal U-U-- a and tracts problems with alcohol, said Ms. The eventual construction of a Dehm. 75.000 barrel per day plant on the There are programs designed to Sand Wash unit area would bring help the alcoholic employee over1,500 permanent new jobs to Utah come his illness. "Presently there and increase the state and local tax are approximately 20 occupational base by close to $1 billion, Brown programs operating in various govadded. ernment, business and industrial H. Michael Spence, a TOSCO organizations in Utah, but these vice president who will manage the are only scratching the surface, Sand Wash project, said the state Ms. Dehm. program will be start' One of the reasons there are not ed as soon as possible. Included will more occupational programs is lack be core drilling and geologic investof employer education. Ms. Dehm igations to evaluate the extent of the shale reserves, which are about admits that the employer must 2.000 feet under the surface, and learn to recognize alcohol problems realize that employee assistengineering work to help plan the and ance programs can be effective. location and layout of an underAccording to Division of Alcoground mine and surface facilities for processing the shale to recover holism and Drugs statistics, 60-8- 0 oil, he said. percent recovery rates are re"The environmental studies will ported by the occupational proinclude air and water quality, grams. These programs capitalize wildlife and soils surveys, archeon the most effective motivational reclamation land tool to date: the alcoholic employplanology and aerial and ees desire to hold his job. ning. Initial soil sampling this surveys were begun at the site The successful operation of an past summer. occupational program not only Spence added that TOSCO ex- saves dollars for the employer, it pects to work closely with local and provides a genuine humanitarian state officials in planning for water service. It also eliminates the need supplies that will be needed for the to cover up for or protect the project. The company also is study- alcoholic person, a definite act of ing long range development of misplaced kindness. necessary community facilities. To aid in land reclamation planning, a contract has been signed by TOSCO and the U.S. Forest SerFDR SALE vice for a cooperative series of Automatic Typewriter, Savin studies on revegetation of spent No. 900 Word Master with IBM shale. Selectric II as Unit. Take over The studies will involve laboralease with purchase option. Call tory, greenhouse and field work at the U.S. Forest Service facilities at (1-- 9 Provo and also at the Sand Wash Plan Area itself to determine opti , . Cost of Alcohol Million Abuse on-the-j- b. . 355-749- 3. 6) Page Three IN THE SUMEME COURT OF THE STATE OF UTAH The evidence ia auKiciaat to aualala the Court'a finding!, and the order made ahould be and ia euatainad. - odOod David E. Sheley, Pteiitiff Ciata ara awarded to the respondent. d Appellant, WE CONCUR: No. 14091 v. FILED Merrill, Lynch, Pierce, Fenner li Smith, Inc., a corporalim. January F, He mi Henriod, Chief Justice S, I9TS Defendant, Flaiit iff and Reepondeit, Third-Part- y J. Allas Crockett, Justice Allan E, Mecham, Clerk v. Robert C, Oyler, Third-Part- y Defendant. R. L. Tuckett, Juatica MAUGHAN. Justice: ELLETT. Jistice: a Mr. Sheley appeals from trial to the Court. The essential facts eummariaed as follows: id this For tha following reasons I dissent. diamiastif his complaint after r The defendant Oylar was a 'customer's men" fro defendant stockbroker. As such In was tha steckbrifcar's agent. All tha actions d Oyler, though not willan his authority were appareitly so; this his principal la liable far the loss cccasimed by the agen'a activity. case ara not in dispute and may be Mr. Shaleyis retired and had aome money which he wished to invest In stocks. Hs had a friend who knew a Mr. Oyler. The friend said he had bougtt soma stock from Mr. Oyler and it was commiasim free. Mr. Sheley sought out Mr. Oylar, who worked fix the defendant empora-tio- n and boight some stock fran the defendait. Later, Mr. Oyler induced Mr. Sheley to sell some of the stock to tha defeidait and buy two $1, 000 bonds in a conpany lnwhich 0)ler was personally iitc rested. The bonds were rot known to tha defendait, and Mr. Oyler had noauthority whatsoever from the defendant to sell those bonds. Mr. Sheley paid for Ihs bonds by writing a check, mads payable directly to the corporation winch issued the bonds. Tha parson whoothsrwiss would be liable to another for the of one appersntly acting for him is sot relieved from liability by the fact that tha servant or other agaat acts entirely for his own purposes, uifess the (thar has notice of this. A misrapraseatatiau It is stated In the Coruna It to Ssctloi 261: The principal is subject to liability under the rule stated in this sectlonalthnigh be ia entirely innocent, has received no benefit from tin trmuactiou, and, as stated ia Section 262, although the agent nctsd scfaly for his own purposes. Liability ia based upon tha fact that the agant's position facilitates the coia unmet ion of the fraud, in tint from tha poiit of view of the third persm the transaction seams regular m its foes and the agent appears to be acting in the ordimry course of the business Caifided to him. Mr. Sheley later refused to accept the bends in question and sued the defendant corporation fir frau! and the resulting damages. The trial court found tint the eviderca produced at trial failed to establish by clear and convincing evidence that Mr. Oyler mads aiy material false representations upon wlsch Mr. Shelay relied to his detriment. It firthtr found that Mr. Oyler was acting withoit any authority from the defendant, at thr time of and in c mne c tion with tha sale of the bonds, and that he was rot la fact or in law the defendant's agent. At one time it was thought that a principal should not be liable for tha fraud d an age wfess the agaat ia committiqg the fraud was acting on account of the principal. That ia old law, and no longer valid. Mr. Shelejaappaals, claiming tint Mr. Oyler was the agent of the corporals defendant. Ha had the burden d convincing the trial court of the fact of agency. This he failed to do, and for us to substitute our judgment for that d the trial court is net permissible where there ia competent evidence to sustain the cowt'e findings. ' 19. P. 2d Tha note goes on to say: It is difficult to stats more definitely than ia done in this section tha limits d liability. It weuld seem to be fleer that tf the aneit Is nirocrtlns to act as an slant 1. Restatement af Agency, Second, Ssctiois 261, 262. 2. Restatement of Agency, Second, Appendln, Sec. 261, p. 420. (1961): Dc Vas v. 1 restate man! of agency clearly deals with Ufa aitiatioa. A principal who puts a servant or other agent in a pmltioa whch smblas tha agent, while appareitly acting within his aithority to commit a fraud upon ttird person is subject to liability to such persona for the fraud. Tint corporation is a going concern and at all times material hereto was doing business in Utah. Aside from the money received fran the sale id some bands and assets pwetased with those funds, Ihs corporation at the time had no asasts, 160 I. Charlton v. Hackett, II Utah 2d Noble, II Utah 2d 111, 1M P. 2d 290 (1962). (Dissenting) No. 14091 IN THE SUPREME COURT Or THE STATE OF UTAH ooOoo State of Utah, No. 11772 Plaintiff and Respondent, FILED v. December 26, I97S William Stewart, Defendant and Appellant. TTirifTTT Allan E. Mecham, Clerk Tuellre. The defendant, William Stewart, appsals from a conviction on the charge of unlawful distribution for value of a controlled substance, namely marijuana. The information filed in these proceedings alleges that on November 10, 1973, ds fondant did unlawfully distribute for value a controlled cannabis sativa to Redney Ward. substance, -- 2- As to tha defendant's second claim of error, while it Is true that a da libs rata suppression or destruction of evidence by those charged with foe prosecution, including police officers, constitutes a denial of due process if the evidence is material to tha guilt or innocence of the defendant in a criminal case, die re is no showing in this case that the material recorded on die taps ia question was vital to the isaua of whether or not the defendant was guilty of he charge. 1 Tha record ia this case foils to show a fundamental unfairness which would require the court to set aside die defendant's conviction. This is especially true in view of die fact that tha da fondant at the trial categorically denied that ha had sold the marijuana ia question and further denied that he had ossa tha witness Ward on tha dale die sale to Ward suppoaedly occur ra d. We think it advisable that those charged with investigation and prone -cutioa of crime retain intact all records and other evidence pa rtaining to file case until it is finally disposed of. By adopting such a practice, a claim of unfairness by one charged with a criminal offense would be groundless. iti The evidence shows that Rodney Ward was employed by the Salt Lake Police Department as an undercover agent. On November 10, 1971, he want to Police Headquarters where be contacted Officer Brophy who searched him and thereafter gavo him $20. Officer Brophy and Officer Mildrove Ward to tha neighborhood of the defendant's residence. Ward lard went to the dsfondant'a home and returned to a patrol car in a few minutes with a substance which ha turned over to the officers. Ward testified that he gave the defendant tbs $20 ha had received from the officer and ia exchange be received from the de fondant the substance which other testimony in tbs case disclosed to be marijuana. Ward and tha police officers returned to Police Headquarters where Ward was again searched. Officers Brophy and Millard testified that they took Ward to the defendant's neighborhood where he left them and returned la a few minutes with the substance abows referred to. Officer Brophy farther testified that before Ward had left and proceeded to Ihs dsfondant'a home, a monitoring device had been attached to his body which recorded a conversation between the defendant and Ward and that tha conversation was recorded ia the patrol automobile by the officers. Brophy also testified that subsequently ha erased the tape so that it could ha used in other iavustigatioas. During tha trial fin defendant moved for an order raqulriiy tha prosecution to produce foe tape ia question or in the alternative to dismiss the informa tion. The court dented the defendant's motion. During the trial, the defendant attempted on to elicit from the state's witness Ward that ha bad ha a a found guilty af burglary in the juvenile court. The court sustained foe prosecution's objection to foe defendant's questions put to tha witness concerning his record ia the juvenile court. The judgment of the court below is affirmed. WE CONCUR: F. Hear! Hearted, Chief Justice A. H. Ella J. Allan Crockett, Justice Richard J. Maughaa, Justice L Trimble v. State. 75 N.M. 113 , 402 P. 2d 162: State v. Morris, 69 N.M. 244, 36$ P.2d 661; United States v. Baldi, 19$ F.2d SIS, 33 A. L.R. 2d 1407. on Defendant is here seeking a reversal upon two grounds; namely, (1) that die court erred ia denying him foe privilege of inquiring into Ward's record as a juvenile; and (2) that the erasure of the tape above referred to was ia effect a suppression of tha evidence by tha prosecution and deaial of due process ef law. Proceedings ia children's cases ia the juvenile court are regarded as civil proceedings and an adjudication by a Juvenile court that a child is within its jurisdiction is not deemed conviction of a crime. The provisions of Sections U.C.A. 1953, provide that neither tha record ia tha Juvenile court nor any evidence given in the juvenile court shall be admissible as evidence against the child In any proceedings ia view of foe fact that foe witness in question could not any other court, have been convicted of a felony ia tbs juvenile court, foe ruliiq of the trial court ia these proceedings sustaining tbs prosecution's objection to the defendant's going into the witness' prior juvenile court record was not erroneous. b No. 13772 -- 2- Howe Introduces Bills for Historic, Scenic Utah Areas Congressman Allan T. Howe has introduced bills that would make a section of the scenic Delores River and the historic Dominguez-Escal-ant- e Trail eligible for preservation. "The first bill I have introduced, Rep. Howe said, provides for a study of a section of the Delores River in Grand County that runs o from the border to the river's confluence with the KColorado River to see if it should be included in the Wild and Scenic Rivers System. The second bill provides for a study of the Trail, the route followed by a group of Catholic Fathers who were the first Euro Utah-Colorad- Domin-guez-Escalan- te pean explorers known to have traveled through what is now Utah, to see if it should be included in the National Trails System. The Congressman explained, "In both cases there is a two-ste- p process involved. Before a river or trail can be eligible for inclusion in the appropriate system, legislation must be passed providing for a study. This is what my bills would accomplish. Actual inclusion in the systems will require separate bills." Rep. Howe went on, "I would very much like to see the Domin-guez-Escalan- te Trail included in the National Trails System during this nations Bicentennial year because that expedition left Santa Fe, New Mexico in 1776, just shortly after the Declaration of Independence was signed. The Dominguez-Excalant- e expedition was searching for a quick, overland route to California, and it traveled up through Colorado and down through much of Utah, stopping to map Utah Lake along the way, before it gave up its quest and returned to Santa Fe through Arizona. Toll roads, bridges and tunnels in the U.S. total 2,900 miles in 30 States. |