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Show High - Court OKs WASHINGTON dTIi The Supreme by Court, condemning arbitrary school boards as a violation of free speech ruled today parents and students can sue to challenge the removal of books from school libraries. In a sharply worded decision. Justice Wilschool boards liam Brennan declared. may not remove books from school library shelves simply because they dislike the ideas contained in those books and seek by their removal to prescribe what shall be orthodox in politics, nationalism, religion or other matters of opinion " g 5-- 4 "I-w- 108TH Book-Bannin- - prize-winnin- In - - Narrowly other decisions handed down todav. the YEAR. NO JINK PROVO. UTAH FRIDAY. 282 7-- 2 Mate 25 1982 $K mi MONTH - I 'KICK 25 in Although the justices generally voted thebnok banning case the decision was badh fragmented only Justices Thurgood Marshall and John 4 upheld two Texas election laws that make it impossible for some state and local officeholders to run lor the legislature and force some county officials to resign to seek higher office court SpaceShuttle - In a defeat !r senior citizens, ruled that Medicaid funded nursing home patients can be trarMrtTi'd to a different level of care without tirt haung a full hearing from the -- Voted in a Massachusetts case to shield private srhools. even if they recene substantial public tunds. from government scrutiny of their education and hiring polit ies under a key civil rights law The court tossed out a lawsuit bv six fired employees of a private high school who tried to sue under a law aimed at state officials The splintered ruling in the censorship case is a major victory tor a coalition of civil liberty, educational, religious and labor groups that urged the justices to severely restrict the authority of school officials to ban books they find objectionable The high court decision clears the way for a trial in a dispute over a New York school board's move banning nine books several by authors from courses and libraries Suits g Paul Stevens joined fully in Brennun s opinion Justice llarrv Hlackmun joined in most of it and Justice Bwon White filed a statement concurring m the judgment Count Enters Final Series CAPE CAN WER 1. Flu 4 PU - The space shuttle countdown resumed todav after a long hold and entered the tm.il series of preparations for a launch Sunday that will put two Americans into otbit at the same time a Frenchman and font Russians are circling Earth Astronauts Thomas Ken Muttingly and Henry W llaiNticM ere scheduled to land at nearby Patrick ir Force Base late this afternoon in sep.it. ite let trainers Thev have been at fhe Johnson Sp.n e Center in Houston trainine for the seven-daflight The countdown picked up as scheduled at 9 a m F.DT and Boh Webster, assistant test conductor, sjuj the tie-dasequence of flight preparations has bei n vct v smooth with no signilicanl problems He said a trontal sstcm headed toward the Cape was in northern Florida this morning "and we're hoping if will move on through and we'll have some nice clear weather " Air Force forecasters said no rain and only partly cloudy skies were expected at 11 am KDT blastoff CENTS time Medical Specialist Says Child Defect Was Preventable ZIMMERMAN Herald Staff Writer A Boston medical specialist, testifying Thursday in the $40 million malpractice suit filed by an Orem couple against Dr. Roger Lewis and the Utah Valley Hospital of Intermountain Health Care said the birth damage to Joshua Hunter could have been prevented. Dr. Emanuel A Friedman testified that the doctor "clearly was operating beyond the level of his competency," and the hospital nursing staff "failed to recognize and act on signs of fetal distress, hyperaction" and other signs that the "baby was in trouble. Late this" morning the trial was halted and the jury dismissed until Monday while the judge and the attorneys worked out some points of law. Dr. Friedman is professor of obstetrics and gynecology at Harvard Medical School and obstetrician gynecologist - in - chief at Beth Israel Hospital in Boston. Bv .JOSEPHINE three-year-ol- d -- a rebuttal the day in the case Friedman testified as witness throughout brought by Don and Sheila Hunter, who claim the doctor and hospital were negligent in administering a labor - inducing drug oxytocin to her during the birth of Joshua three years ago. The child was born a spastic quadraplegic. Mrs. Hunter also claims her uterus and cervix were ruptured during the birth. "A minimally trained obstetrician gynecologist could have managed this patient," Dr. Friedman declared. He said the doctor was "clearly operating -- Soviet, French Spacemen h Near Docking MOSCOW il'PIi The first French cosmonaut and two veteran Soviet space travelers were reported in good condition today beyond the level of his competency" and "beyond the level of privilege to him under hospital regulations." granted Under intensive questioning by Dan Bushnell attorney for Intermountain Health Care Dr. Friedman refused to budge from his contention that the nursing staff has a responsibility to report "up the chain of command" any instances where a doctor is failing to follow hospital regulations or operating beyond his level of his competency He said the "nurses failed to prevent as they headed for a docking with the orbiting Salyut 7 space station and a welcome from two resident Soviets Mission controllers said the Soyuz spacecraft was in its 12th orbit circling the earth every H'.) ti minutes The spacemen slept until 3 a m EST, the controllers said They then went to work adjusting the parameters of the orbit and preparing for the scheduled link up this afternoon with the space station where two resident Soviets will welcome T-- f 5. 1 the physician from manually attempting to rotate the child's head from trying to stretch the uterus and continuing to induce birth" under the conditions that existed. "Intervention was called for. The nurse should have stopped that by having the courage of o C M Friday: her convictions " he said. He dismissed contentions that the nurse should have given consideration to her position and her job, and said "It would take a very calloused nurse to put those considerations ahead of the welfare of patient and child." He said the primary consideration of both doctor and nurse should be the patient's well being. Friedman said an obstetrician should have been called in as consultant when the first signs of trouble were detected with Mrs. Hunter. He also said he would have performed a Cesarean section on Mrs. Hunter rather than continuing to on Page Defends Falklands Game Furor over the new board game "War in the Falklands" can only help sales, says the manager of a University Mall store that stocks the controversial game. The British have termed the game a "ghoulish "1 wouldn't have thought the monsfosity." families who lost relatives would be keen to see memories brought up in this their way the Students to Rent Books 4 WASHINGTON (LTD President Reagan is expected to veto for the second time in two days a bill to keep 8, sice Heiner I'holu Cowgirl and horse emerge from 'Liberty Bell' float at Lehi Roundup. Roundup on Lehi Roundup By MARY COONS The Lehi Roundup continues today and tomorrow with various shows, competitions and the rodeo. The cultural arts and hobby show will be from 3 to 6 and 7 to 9 p.m. in the Lehi Civic Center, 100 N. and 100 E. The miniature parade, a new activity this year, will start at Wines park and go south both Friday and Saturday at 6 p.m. the rodeo will be both tonight and Saturday at 8 o'clock. Purchased tickets are required. Saturday will be filled with activity and fun, starting with a chuckwagon breakfast at 6 a m. in Wines Park Other activities in park Saturday will be a children's bicycle race at 7:30 a.m., a road race at 8 a m an adult bike race at 8:30 a.m.. and a talent show at 9 a.m. From 9 30 a.m. the day will be filled with activities such as the greased pole climb a contest, greased pig catch watermelon bust and others g Officials Cite 'Bitter Fruit' of Land Sales Utah County Commissioner Kenneth J. Pinegar says Utah's subdivision law is unfair and outdated. "Most people don't even know it exists and therefore often break the law unknowingly," he contends. Pinegar believes the subdivision be applied to individuals who want to develop the land residentially. "They are the Ones who should be required to file plat maps showing where improvements are supposed to go." he says. Salt Lake County planning officials say however that often the land is divided and subdivided into building lotsv before the county is even aware it has been done, and by then no consideration has been given to roads, good planning of lots or the availability of services. They aren't planned subdivisions when the developer takes these services into account say planning of ficials. Clayne J. Ricks, Salt Lake County planning director says his office cur- rently has three square miles in western Salt Lake County which has been divided and who fought during 14 Page Observers Hint Second Funds Veto by Reagan - Editor's Note: This is the last article in a four-par- t series examining land sales activities in Cedar Valley and related land development issues. By JOSEPHINE ZIMMERMAN Herald Staff Writer " said Capt Sam Salt War The Unericans who created the game shrug off the controversy See storv and photograph on 3. "I would anticipate he would veto" the supplemental appropriations bill because the newest version includes spenseveral government agencies afloat "over $1 billion in because it contains more than $1 billion ding." said Speakes. "in Reagan Thursday vetoed the first spending," a version of the bill because it contained spokesman said today. Deputy press secretary Larry a $3 billion subsidy for the housing insponsors said it would have Speakes also held out the possibility of dustry a federal government shutdown for the created 500.000 jobs and 250,000 housing and $1.3 billion in second time in as many years for lack starts this season other spending more than what he of funding. He said government employees may have to be furloughed sought. The House quickly sustained his veto one or two days a week, and agencies have contingency plans in case of a and almost as quickly passed two alter"fat" bill without natives a shutdown. "We're are going to draw a line in the the housing subsidy but with the higher dust." Speakes said. "The president spending, and a "skinny" bill without will not tolerate what people are the subsidy and with much less extra already moaning and groaning about." spending. them aboard with no street system and covering rough mountain terrain. The plat simply was squared off and sold in five to blocks totally disregarding the terrain he said. "People are now coming in for building permits and there's no way to get adequate access to their property. Many are second third or fourth buyers ... unsuspecting buyers. The original subdivides have escaped with their money and their responsibility " Ricks said. "If each property owner is doing as he pleases over a period of time it amounts to disaster. We wind up with disconnected road systems, roads of improper width isolated or properties which can't be developed, rights property serviced by of way and inability to provide needed services," Ricks said. Ricks says the Utah law permitting sale of land under contract is responsible for much of the problem. Contracts land-locke- need not be recorded, so a piece of property can be subdivided and change hands a dozen times before the county-iaware it has happened. "We don't find out about it until somebody comes in for a building per- mit." Most states require mortgages or trust deeds, which must be recorded. Doug planner Salt Lake County Campbell said most land purchases are made for investment purposes. "Investment presupposes the use of the land; that's the purpose of the purchase. People think they are investing in development property but they are often the unsuspecting recipients of many problems." "What if years later an owner can't put in a sewage system because he has struck bedrock'' What if he can't get access roads because the grades are too severe0 What if good water isn't available? It all results in a lower stan- dard of development " Campbell explained. Utah County Commissioner Pinegar said "The entire illegal subdivision issue has been sensationalized by the news media. Other than the court costs in the Cedar Vallev case vou can't show me an instance where it has cost the county any money when someone subdivided illegally." He says the county can stop any illegal subdivision activity it wants simply by withholding building permits ... "Something that is much less complicated and fairer than bothering with trying to find out if a parcel of land has been subdivided more than three times Ricks says Salt Lake County strongly enforces the state law when it comes to the third division of land. "If more than one division has taken place since 1953 when the state into effect than it constitutes a subdivision. The third person applying for a building permit will not receive one." He added however, that Salt Lake County often tries to work things out for the buyers where the land has been divided into so many small parcels that it no longer is good for agriculture or grazing "Often so many sellers are involved we can't go back on the original seller " he says. Campbell explained "The problem is that the governmental body that allows Continued on Page 3. Ninth grade and high school students in the Alpine School District can expect to pay book rental fees next year bec ause of a recent decision of the school board. One board member, however, would not vote for the book charges saying the district has not adopted a policy that justifies the new fees. See story on Page 4 Hinekiey jowr Tetfy Five jurors in the John F. Hincklev Jr. trial testified before a Senate committee and urged a change in the law allowing a plea of "innocent by reason of insanity " In related stories, two teenagers were found "sane" and convicted of killing four people, and a mistrial was declared in a case because one of the jurors said the Hinckley decision has caused the judicial system 'to go to " pot Stories and picture are on Page 11. n Reagan Retains Embargo President Reagan is rejecting pleas to reverse the embargo on U S made equipment for use in building Moscow's natural gas pipeline to Europe. According to a report by NASA scientists, the sulfuric cloud thrown up by Mexico's Chicon volcano is blocking up to 10 per cent of the Earth s sunlight and probably will cause an early winter in the Northern Hemisphere this vear and next See story on Page 2. trans-Siberia- Fair Skies Forecast Here Fair skies are forecast through Saturday for the Central Utah area. Overnight lows are exwith highs Saturday pected to he in the in the upper Hlls. Fair weather also is forecast for Utah in "eneral with highs reaching into the upper 80 in the north and the low 100s in the St. Oeorge area. mid-5(l- s Where To Find It Amusements Business ds Classified Comies Crossword National-Internationa- Opinions Sports Todav l l 3 19 23-3- 2 21 23 2, 11 22 6.8 17 5 |