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Show - , DESERET NEWS, THURSDAY, MAY The Utah Supreme Courts interpretation of the Implied Consent Law, providing tor breath or blood tests to determine if a driver is intoieated, drew more fire today. am extremely coneerned about the olnious stanee taken by several of the Utah Supreme Court justices regarding the law, said Larry E. Lunnen, .director of special programs. Highway Safety Division, Utah Department of Public Safety. 1 am alarmed to see such disregard for safety and the law, Lunnen told the Deseret I .News. In an analysis prepared by the Highway Salety Division, Lunnen said that justices holding minority opinions are themselves concerned about a law which one said has had a troubled and dubious history "The press and public, as well as legislators, city and county attorneys and the top law enforcement officers in Utah have been extremely concerned, dismayed or infuriated by the majority opinions, Lunnen said. But perhaps the best source of criticism comes from the court itself. The Highway Safety Division analysis quoted minority opinions in four instances. Regarding a Supreme Court ruling that a Health Dept, employe Salt Lake had not been qualified to administer a test to one defendant, Justice J. Allan Crockett, in a minority opinion, said the defendant had not objected to the employes qualifications at the lime of the test. It became his major defense only as an afterthought, the Division analysis said. The Implied Consent Law, Crockett wrote, is a law enacted by our Legislature, and it is related to the public safety and welfare. Those who administer it should do so with efficiency and with fairness and impartiality; and the City-Count- y .... x 6, 1976 i i ,. : ' ... time. . ' Theater $ V V courts should honor the law and support those w ho enforce it If this statute and its application are repugnant to anyones sensibilities, the remedy is to change the law, not to retuse to support its enforcement, Croc kett added. Regarding a Supreme Court decision that a defendant had not refused to take a test by asking that his personal physician bo present when it was administered, Justice A II Eliott w rote m a minority opinionThe statute affords a defendant no right to inqiose conditions and refuse to take the test until those conditions are met He either must It is take the test or refuse to take it common knowledge that the alcoholic percentage in a persons body diminishes with of ' . seems to me that it takes a naive court to fall for that type of shyster trick It must be a court moi e interested in protecting the dm ing of pnv ilege of drunks than in the preserv ation It Music Comics Business hte and limb upon the lughwavs ot this state. Lllett w rote. In a case where the Supreme Court allowed for a delay so the defendants atternev could arrive, Crockett wrote, If these tests cannot be given withn a comparatively short time after the arrest, their usefulness is lost It is for this reason that I do not believe that this plaintiff, oi anvone else arrested under such circumstances, has any right to impose am such condition as plainth! attempted to impose In another case, where the Supreme Court ruled that the defendant had not been given ample opportunity to accept or retect the test Lllett said. The ev ldetice at trial showed that the defendant was belligerent and would not listen as the officers explained to her the significance and result of a lailure on her part to take a chemical test for sobriety. town, tli.d she would lose her license to drive for one In-r- See DRUNK on 15 I Calendar TV Today Today in the West Winners get stock in U.S . Winners in the individual competition of the Educational Bicentennial Festival will become si x kholders in America this week. The top three winners in the art, sculpture, and music score competition will receive US. Savings Bonds trom the Deseret News at the festival at The bonds include 875, $50 and Kearns High s25 for first, second and third in each classification and div ision News. State PTA and State Board of The Education are sponsors of the event that will feature hundreds of tonight and Friday. The at 7 p.m each night. lestiv al is free and it Individual winners will he announced tonight for the- unmr division in the three classifications and on Friday for the senior division. The divisions include 7th. 8th and th tor junior and loth, 11th and 12th for senior. t festival is the display highlight ol tlxol entries in the- statewide competition They will been exhibit in the- - activity room of Kearns High tonight and Friday from o p m until alter each i s - S.L future: big growth , big challenge - two-nigh- - Musical numbers will be presented by junior and senior high school singers and instrumentalists. Tonight s pageant will include JtH) youngsters from J Taylor School. Centerville, and more than 150 from l.ayton High tor Friday's pageant By Hal Knight Deseret News stall writer Six experts crossed their lingers today and took an 'educated guess about Salt Lake City's next 25 years. They teel the city will he r.uih like it is now. may change, the inner city will although be more dilapidated, things will be more crowded, cars will be smaller and the freeways will resemble those near Los Angeles These predictions were ottered by a panel taking part in a torum for students in the University oi Utahs Graduate Sc hool of Social Work lite-styl- Appearing on the panel were Thayne Robson, director. Bureau ot Economies and Business Research. Dean Barney, assistant director. Salt Lake (Tty Planning and Zoning Department; Mark R deBry, an architect; Mrs. Phyllis Southwick. U of U professor of social work; Will Jefleries. director. Wasatch Front Regional Council, and Barbara Denton of the North and East Regional Council Neighborhood Association. Robson wanted that the future is uncertain and nolxidy knows what will happen." including the experts who aie otten wide ot the mark. Only a few pieces of heavy equipment were in the warehouse at the time of the blast. He said the economic tutureof Salt Lake (Tty and tah cannot be divorced Irorn the economic well ot the nation and that without economic growth all progress will lx- - stymied " to be Employment in the Salt Lake area apx-urstrongly based with no serious decline m tlx- future, ml he said the city "has no future unless the v lability ot private industry is protected. To upgrade the inner city would require a of much of the housing "substantial replacement and the current urban sprawl will continue m the county for a long tune This could only be halted by a catastrophic-energshortage. w Inch is "not likely, Robson said Barney disagreed about urban sprawl and said the trend away trom the city may be reversc-- in 25 years and the city will be tound to be the place where people want to be However, he said the auto will remain the "vehicle to be reckoned with in the next 25 years The density of the city will grow and people will need more recreation centers. High-ris- e more com apartments will man. Barney loreeust, as did others But deBry said there will be- - a continued resistance to high rise dwellings and the emphasis will he on .single iamilv homes jl the eeonomv remains i datively stable than the population Industry will grow iustei I Warehouse loses roof in blast Boren Deseret News staif writer n explosion late Wednesday collapsed part of the root, cracked huge concrete and shattered windows m the new, unoccupied Holland Equipment Co warehouse, 28(81 W. 2100 South. Natural gas apparently collected inside and was ignited about 10 45 p m . blowing tin root olf the structure made of concrete slabs, investigators said. preliminary estimate of damages said Tim ranged between Buchner, vice president of Buchner Concrete Co , 5200 S Main, Murray . w Inch built and leased the warehouse. Constiuctioii begun m January on the wide and mostly concrete building. 2oo feet long, he said Intenor work was under wav . They would have been moved into it in another 10 day s. he said By Ray s d ShMUlOO-luO.on- Only a few pieces of heavy equipment, scallolding. and other materials were inside at the time of the blast. Workmen across 21o0 South heard the explosion and one man. fueling a truck outside, saw a flash, said Battalion Chief Paul George, Salt Lake City Fire Department Fire fighters from both the city and county lire departments converged on the location about the same time However, there were no tl.nnes to extinguish, though investigators found indications of scorching on wood inside, possibly earned by an explosive flash Arming firemen noticed a gas smell and sw itched off the outside connection, but they were unable to determine if gas caused the explosion nr whether gas leaked from broken lines alter the blast, said Assistant Fire Chief Ben Andrus S.L lawyer Fledging to vigorously prosecute crimes against senior citizens and consumers, Galen J. Ross, a Salt Lake attorney for 18 years, announced today he will run tor attorney general on the Democratic ticket. Ross, who announced his plans in a press conference in S. Main, the Rair.ada Inn. tixlay, was the Democratic nominee for Second District congressman in 19i8. He lost to former U.S. Rep Sherman Lloyd. 11 Utah I The candidate acknowledged the duty ot the attorney general tocntorcethe law is constitutional and is restricted by the budget allowed him by the Utah Legislature. aid to If elected. Ross said, he would local law enforcement m investigation, prosecution and education, and would initiate a strong plan ot ,u tion to investigate crime in guvenmu-id- . I low ever, he said his prime targets would be the victimization of senior citizens by white collar cinninals. relatives, nursing homes and also consumer fraud He stressed a belief that all accusations and against Utah law olliec-rcharges ot wrong-doinshould be investigated by the Attorney Generals oilice to settle the issue of intra departmental s lairuc-ss- . And. he said law officers must not only be soldiers of law enlorcement but also salesmen and public relations specialists, and said his olf ice would mov e m that direction. Regarding antitrust and consumer protection, lxAt ty Gen. Phil L. Hansc-said tonm-See LUWKIm III t - r 1'lie southern onc- third ot the concrete roof beams collapsed, as did another beam towards the north. Glass shattered and acoustic tiles fell in an otfice area. Buchner said the collapsed root could huv e resulted in two w ays Hie explosion could have pushed the walls outward, dislodging the beams above, or it may have pushed the root upward, and when the beams tell, sections fractured and part of the root caved m, he said bout 15 beams, each Ml feet long, collapsed he said Each weighed atxmt 15 tons. If this had been a tin or wood budding, I dont think y ou w ould hav e anything lelt a loot olf the ground." and a fire probably would have followed, Buehner said. Firemen searched under the rubble for possible victims, but construction workers and painters were accounted for - See LOOK on B-- 5 Sketch turns up no leads candidate a s IDS end probe of will source ot a A sketch "mystery woman" who may have delivered the Howard Hughes will to The Church of Jesus Christ ot latter-daSaints was circulated today, but tailed to turn up any new leads Faced with that end. church security otticials said they were "closing down" their invc: tigation of the source of the will. We've just drawn a blank. said spokesman Jerry Cahill "We tracked down every lead we had and couldn't find any sketch as anyone they had seen betoi'e, Cahill said We y de-a- thing. The purported Hughes will was in an envelope left on the desk of an employe on the 25th tloor of the Church Office Build- ing April 27. feel there is any Tlx- only clue to its delivery came lrom a receptionist in who remembt red a "striking and "sophisticaled woman carrying ail envelox-whasked directions to President Spencer W. Kimballs cm the 25th tloor. No one else m the building recalled anyone of that descrip turn being seen on the 25th floor. Police experts put together a sketch of the "mystery woman" lrom the receptionist's description and it was shown to employ es all ov er the Church Oliic o s Building. them recugmed.K- - Permission has been granted to three sisters, who are grandc hildren to the uncle ol Howard Hughes, to have the will examined by handwriting experts. The judge also ordered the program designed to upgrade Salt Lake (Tty's lire hydrant system could cost as much as $1 million. ater Department officials said today. Water Commissioner Herman J. Hogensen said his department has developed a cost estimate for installing nc-- meters for hydrants, putting hydrants where there are none and repairing in plnec-hydrants The cost appears to be substantially higher than first believed, the commissioner said. He indicated the program will definitely cost more than $9o0,0o0 because of related expenses. llooten, department accountant, pointed out that the bulk of the cost will he for enlarging water mams to handle hydrant loads. The city has planned to use $70,(810 in Community Development funds to get the project under way in those areas of the city that quality for federal assistance, but that figure doesnt begin to dent the ov erall cost, the water officials explained. Hogensen said the project could take several years to complete, but he stressed that the city's overall fire rating is higher than most other U.S. cities despite some problems with the hydrant sy stem s One liquor trip gets OK The State Board of Examiners today approved travel for one Liquor Control Commission member, but denied it for another. The examiners will allow Chairman Gerald E. Hulbert to travel to Miami, Fla., May 2 to attend the National Alcoholic Beverage Control Association conference. Hulbert is vice president of the group, and all ot his expenses except a $00 registration fee will be paid by the association Commissioner Ernest F. Durbano was to attend the same conference at a cost of $1,080, but his request was denied. Gov Calvin L. Rampton said because the liquor commissioners' positions will be abolished effective June 5u, it wouldn't be worth it to the state to send kith men te 12-2- Gallo stays on shelves The Utah Liquor Control Commission will not take Gallo products oft its store shelves as one organization has requested This decision was announced today m a letter Horn Commission Chairman Gerald E. Hulbert to Luis fuentes, a member of the Utah United Farm Wmi kers Support Committee. The United Farm Workers Union has been on -- uike against Gallo for nearly three years and Is atti lopting to get wine drinkers to boycott the firm's prodiu ts nationwide. Hulbert said the commission has a responsibility to all Utahns and shouldn't be involved in a labor dispute not ot their own making. lie suggested committee members could pass out le. diets to hquoi store customers, prov uied they do it in an oidetly manner and don t harass customers Scuba gear seized SOUTH SM.T LkE -- - Police apprehended u mail early today with 8.'i,(88i worth ot scuba diving equipment in his truck South Salt Lake Police Oiticc-- Ronald Parr said the Police Department received a report of breaking glass noises at 155 W. Utopia Av e. i218d South) shortly i a m They found a pickup truck owned by I nivt-rsa- l Safety & Fire Equipment Co., Inc., 727 S. West Temple, with the scuba gear missing trom the true k's camper shell. Parr said he followed a truck matching a description ol one seen in the area to 2uth South and West Temple Scuba gear was found in the truck and the driver was taken into custody, Parr said r e - None- - of dont purpose in following the mutter further We've done all we can. he said. The I.DS Church turned the will over to Nevada authorities who will seek to determine it it is genuine. Arguments have been oftereci both for and ..gainst the will's validity . Church security officers said the church has nothing to do with determining if the will is authentic, only with trying to iind out where it came trom. note accompany i lg Have ill apparently was in disguised handwriting, Cahill said. The three-paghandwritten will itself v ill be examined by ( series ol experts who will attempt to say whether the writ mg is that of Hughes First court hearing on the will is scheduled May 21 in Las egas. but a lawyer representing three cousins" ot Hughes has tiled a petition seeking a delay to allow time to gather ev idenee. $ 1 million for hydrants A bottleneck on Is this the woman who delivered the will? copies oi the- will to be enc-'sein plastic to protect them and allowed them to be photographed in black and white. - ciilor. inti'ared. and ultinv inlet in an el tort to line! possible marking invisible to the naked ev e 1-- 15 between 7200 and 53u0 Motorists should avoid South through next week. Utah Department of Transportation otticials noti-- tixlay. A construction firm is bridge decks between those two points and traltic will be limited to one lam only. Motorists usually getting on the freeway at 72(81 South should wait and enter at 5.'!0ti South because the t raitie will be moving very slow between those point, olfieials said . |