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Show Thursday. July 25, 1974 Hm Ute BallHia Page 7 The Letter of the Law EDITORS NOTE: The following article was written by Boyden and Kennedy of Salt Members of the Ute Indian Tribe and other persons living on the Reservation need to the traffic and automobile insurance laws of the State of Utah. The new proposed Ute and Order Code, which is planned for adoption in the near future, continues the Tribe's policy of adopting uniform laws on the Reservation similar to those of the State of Utah. This policy enables law enforcement personnel to do their job in an efficient manner, add to call upon law enforcement officers under state jurisdiction in times of emergency. Also, tribal members will not be subjected to completely different sets of law depending will be subject to tribal laws without upon reservation boundaries; likewise, the necessity of special postings or notice. Most important, however, is the fact that those Utah laws adopted to apply on the Reservation are considered to be good laws which are in the best interest of the Tribe and its members. know Iw r $' t Tr - If l' i A t t , ' 2 n rs One of these laws which applies to , the Tribe and its members concerns the subject of automobile insurance. The purpose of this law is to simplify the procedures for collecting money for personal injury caused by an automobile accident. It is intended to reduce the number of lawsuits which arise from automobile accident injuries. It should be noted that insurance does not apply to property damage claims, such as for the repair of a damaged car, but only to personal injuries which cause physical harm to some person who is hurt in an automobile accident. Property damage insurance should be included in a law. policy but it is not governed by the no-fau- y ' : V -- s?U5 no-fau- THE BIG ONE THAT DIDN'T GET AWAY --- Was June 28 by Conrad Reed of Whileracka. The German Brawn trout was caught at the Power Plant Canal in Uintah Canyon. The trout tipped the scales at nine and pounds and it measured 15 inches in circumference. According to officials, the trout is one of the largest on record to be caught in the Uintah drainage. Reed said be a red and white daredevil to bring in his trophy. 28-in- three-quart- Justice. Department Declares Sioux Election Violates Indian Rights The Department of Justice announced today that the Oglala Sioux Tribal election, in which Richard Wilson defeated Russell Means for Tribal Council President, violated the Indian Bill of Rights. Attorney General William B. Saxbe said the Departments views were contained in an amicus brief filed at a trial that began today in U.S. District Court in Rapid City, South Dakota, in which the Department was permitted to participate as a friend of the court. The private civil suit was brought by Means and 27 other members of the Oglala Sioux Tribe against Wilson, president of the Tribal Council, 11 Council members; and five other members of the tribe. Means, a leader in the American Indian Movement, was defeated by Wilson in a contest for Tribal Council President in the February 7, 1974 election. Wilson was with 1,714 votes to Means' 1,514 votes. The suit charged improprieties in the election and asked the court to order a new election. The election, in which all elective tribal officers were filled, was held on the Oglala Sioux Tribe's Pine Ridge Indian Reservation in southwestern South Dakota. no-fau- no-fau- lt er law requires that the owner of every moter vehicle get insurance Basically, the on that vehicle. Such insurance must pay at least specified minimum medical type expenses resulting to the driver and occupants if they are hurt in an accident involving that vehicle. In other words, the insurance company which insures the vehicle in which the injured people are riding must pay these benefits rather than the driver or owner of any other vehicle which might be involved. .The benefits must be paid without the injured person having to sue the driver of the other vehicle or anyone else. law only covers situations where relatively minor (under $2,000.00) Since the medical expenses are involved, the law also provides that in cases where there are greater medical expenses, or a death, permanent disability, dismemberment, or permanent disfigurement has resulted from the accident, a legal action to sue whomever is believed to law was enacted. Thus, he responsible is allowed in the same manner as before the lawsuits in smaller personal injury cases are eliminated since the insurance company which insures the vehicle in which the injured person was riding automatically pays for the the first part of expenses; in case of greater personal injury or expense, the insurance pays the expenses as in smaller cases, but the injured person also has a right to sue to recover his extra expenses and damages. A provision of the law which all persons should be aware of, requires not only that every vehicle he insured but that a card issued by the insurance company telling of such insurance must he carried in every vehicle at all times. It is a criminal offense to not law, and further, it is a criminal offense not to have your car insured under this card to a police officer who demands to look at it. The law also provides show the that, even besides these criminal penalties for not having this insurance, a person who doesn't have such insurance can be made to pay the benefits which the insurance would have provided. no-fau- lt no-fau- . Assistant Attorney General J. Stanley Pottinger, head of the Civil Rights Division, said the Departments brief contended that the way the February election was run denied residents of the reservation the equal protection and due process guaranteed them under the 1968 Civil Rights Act. The brief alleged various irregularities and failure to comply with tribal election ordinances. It made no specific recommendation for a new election, maintaining that was one of the several options open to the judgement of the court. These alleged irregularities included allowing nonqualified persons to vote, failure to issue absentee ballots but permitting voters to ballot in precincts other than their own, denying tribal membership and the right to seek tribal office to individuals ' born off the reservation to tribal members, disqualifying candidates for office without notice, and lack of security and control over ballots and ballot boxes. Means currently is on trial in U.S. District Court in St. Paul, Minnesota, on federal criminal charges arising from his participation in the Wounded Knee ncident of 1978. no-fau- lt no-fau- lt no-fau- lt no-fau- lt An example of what could happen if a person did not properly insure his vehicle is as follows: If an uninsured person were driving his wife and children somewhere and got into an accident with another car and everyone involved was injured, the driver and his wife and children would not get their medical expenses paid by anyone; the driver could be sued car and its by the driver of the other car for the damages and injuries caused to that s insurance; the driver that be which would amounts minimum by the paid above ' occupants uninsured driver could be arrested, fined and put in jail for not having such insurance; and he would lose his drivers license for a period of one year. In short, everybody must have this insurance, must carry the insurance card supplied by the insurance company around in his vehicle and must show the card to a policeman whenever he asks to see it. That is the law on the Reservation. Everyone who does not now have such insurance on their vehicle is urged to contact an insurance man of their choice and arrange to get it immediately. Such insurance should also include property damage insurance which is also required. Your insurance man can further explain the details and help you to get the right kind of insurance to meet your needs. Health Clinic Welcomes New Physician, Dentist Dr. William Sangster, a physician from Columbia, Mo. and Dr. Dennis Johnson, a dentist from Orem, arrived this month to head the Indian Health Clinics professional staff. Sangster and Johnson are assuming the responsibilities formerly held by Dr. Jed Morrison and Dr. Drs. Lawrence Cutler who recently completed two years of service to the Clinic. Dr. Sangster is a graduate of the University of Missouri School of Medicine and recently completed a two-year internship there. The Clinics new physician also received his undergraduate degree from the Missouri university. He and his wife, Mimi, reside at the doctors' quarters in Fort Duchesne. Dr. Johnson is a recent graduate of the University of Louisville School of Dentistry in Louisville, Kentucky. A native of Orem, Dr. Johnson completed his undergraduate studies at Brigham Young University. He and hit wife. Card, and their two children are making their home in Roosevelt. N pre-dentist- ry UK. nunam Songster Now physician at CUafe Dr. Dents Johnson Saraeeds Dr. Cntlsr as CUafe Dentist sf |