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Show i innF y-- I vr"r i"" ' f yy"n ymy"y-- ,yyyy iiiiigwy 'yrf VlTyT! tyHrVyi ty.frY yW Utah Bows to High Court On Bond Election Ruling B' P t1 tne dissenting held duel Sdiool IViin elm mm was legal on a stncllv piocodiual lor naaiitv opinion wnlion gionmi hv Chief Justice .1 Allan Cioihetl. noiod lh.it the challenge was no! Ided union the Ml day siatutoiv linutatinu period While the decision appeal' lo mike a special session ot tnr Ul ill Legi'liiaie K miiit'c ossaiv , Gov. Calvin tniplim s.nd lie plans di'i ii'soms unh banding advi'pis lielote elec ding Ini spe. .session. The I S Supieine (mnl dm ion dr..v mg l!e ('tab icunt ' ue involved Flioenix, Anz , c lllen s (lidlcnge oat JoilNM.Il Ti ilume Suit! H r uer laimg its omphalic disaiioeaioot with the US. Supiome Com! Utah s issued a decision rendeung "liiopeiable" t he L tali requirements limiting Imnil cmisti-lutKiii- tion voting to piopeity U.rei-mglo- elec- taxpayer 'aai cop. 'v t,ip,.wis should be able to bond c'cc linns The nation's high-- e mil agreed mat thev should. e F Henri Hemied's partial dissent held ill..! Ins iiilleagiies had gone Inn lai in. mallei s not prooerly n I' County IVc Court Thursday fiat lially von i bet-ir- Ihe al govet nrneiil' and sc bool dis-t- i desuiljg to sell bonds lor capital improvements appeal to haxe the giecn , light" to approve and maiket bond'-- a consultant bond leading stale municipal said Thuisday "I think we can go light ahead and liaxe elections." Nicholas G. Smith lr.. xice president, Bui rows Smith & Co. said in tlie xxake of the lit. ill Supieine Com I tilling as inopriahlc a slalp constitutional pioxision te tinting bond elections to piopeilx mxneis. Mr. Smith said that an attoioex xxilli Chapman and Cutlet, advised hy telephone of tile decision, said hr believes Utah public bond issues now call be marketed. Top National Firm lea i I Chapman and Cutlei nl Chicago is nnr ol die nation's leading legal firms specializing in bond issues. Lack ol the firms legal endoi sement can restiict issuance ol many bonds. Mi . Smith said lie has mailed opies of Utah Supieine Coin opinthe eight-pag- e ion to the Chicago turn and to Denvers Dawson, bonding attorneys, ma)oi Nagell. Shot man and Howard. "Im sure alter one leading of the opinion they will be convinced and lind the slate's bond election law piocedure acceptable for appioxal ol bonds, Mr. Smith said. Tribune Staff Photo by Ross Welser the "round, The Tribune sign begins last trip to the ground. Suspended by heavy cables that looked like spider webs from then is ouldaied m ccuieiil in.cihet condi- l cotis dint IhiihIs likely can t lie sold. Mi. Smith said Since die i onstuiiiion.il ipstiiction limning participants in bond elections is tuidet Ihe i null's decision, this seems to elumn. nr the need lot any sie nal session ol lie legislatuip In piopO'p a Crane Removes Rig Sign From Front of Tribune hv Ry Stan Bowman icnt-i- Tribune Staff Writer l,akp Tribune's giant sign was leniox'eH from (lie fiont TIip Tribnnp Building Thursday. Thr ol Rail g landmark for .12 ypars, (he time and tompeiaturp sign was taken A floxxnlown down in compliance mill a city approved May 3, 1969. Aimed at beautifying the downtown area, the ordinance requires removal of all such over- otdt-nanc- e hanging signs by May 3, 1973. Many signs will be replaced by signs flush on building ironts, but none may project more than two feet from the face of a building nor moie than two feet above a building's roof line. Additional Prohibitions No new overhanging signs have been permitted since the ordinance's effective date. It also prohibits painting of signs direc tly on buildings and restricts the size of signs on marquees and canopies. The Tribune's tall, seven-iosign was removed under direction of Young Klpetrie Sign Co., using the biggest mobile irane in the West, owned n TVIostlx Show Thundershowers Roar Over S.L. activity which rumbled briefly across the Salt Lake area about 11 p.m. Thursday was more spectacular than moist. Only light showers fell, although briefly booming thunder was accompanied by frequent flashes of lightning. A fire truck and police car answeiing a fire alarm triggered by the storm at KSL. 143 Social Hall Ave.. collided at 1st South and State Street a limit that time. Officials said damage was negligible and there were no Injuries. Lights went nut briefly in parts of the city, hut a spokesman for Utah Power and Light Co., said the outages were triggered by automatic emergency equipment lather than by the storm. Thundersform Slitir t left and l Anciiews. Tnc.. crane Clears him. The operation hegan Tlnnsdax morning and ua. completed by late afternoon. Delayed by Pickets Airport Vote The decision appeals lo cleat the way fm Salt Lake City to hold a bond election In laisc mnnrv tor niajcn impinvements al Ihe International Aiipoit. Mr. Smith said. Adion was delayed thiee hour- - when In Utah County. Pleasant View and Alof laical 374. International pine have beloie them proposals to conof Electrical Workers, appealed bond elections to laise money for duct 2 just after p.m. They carried signs asksewer impiovemrnts and water lines. ing public support for "better wages and The Granite School District and Davis wot king conditions for workers. County School District have unsold bonds Members of Local 3, Operating Engineers Union, were operating the crane authorized before court decisions on bond elections. But they can't be marketed beand honored the picket line as the sign cause the maximum interest rale apstill upright rested on the street. Three hours later, Assistant Police proved by the electorate is below current Chief Donald G. Ferguson arrived and , market rates, Mi. Smith explained. The told all concerned the sign constituted a court decision would permit reholding the elections and authorizing a higher "hazardous condition. Atter all parties consulted, Eric Tom-sen- , permissible rate so buyers can be found. of the Utah Building The same situation applies to Davis president of which the IBEW is Trades Council County government which has unsold a member asked removal of the pick- bonds seeking money to build a new hosets and the sign in the interest of public pital, Mr. Smith said. safety. in County Ironically, Washington in several, forms The sign has School District, which had its 1969 bond been on the front of the building since election upheld by the Utah Supreme 1938. it appears that another election Court, At first it read: Tribune Telegram will in all piohabilitv" have lo he held in two vertical listings, and for some anyway. Mr. Smith -- aid. The reason-Thtime had two dials at the bottom indicatmaximum intciest iale approved ing the time and temperature. In 1972. the sign was changed to lead Tiibnnr," and five years laler. the flashing time and temperature portion was added, wilh the enlue sign extend mg fiom the second In Hie sexenlh floor of Thr Tnhnnp Ruilding. 113 S. Mam. pnkeis Rioth-eihoo- The last diange was m 1962. when the entile stiuctuie was raised, making Us top even with the top of the huilding and the hot ton even with the fourth floor. While the crane and its boom lowered the sign, many oohed onlookers and "aalied" and some exen retreated to what they felt was a mine sate distance. After the sign was on the street, George S. Bradley of the sign company was asked why the sign was not lowered on its side to lie dismantled. He said it was made to hang on the side of a building and would buckle if tipped. So the entire sign was lilted from the street onto a flatbed truck and dismantled into six sections for transport to Young Electrics storage area, from which it was leased Its parts, eventually. will become portions of future electric signs. 140-to- 130-fo- a for life, fighting baby boy from Helena, Mont , arrived at the Salt Lake International Aiipoit early Friday aboard a se-cia- l Air Foice jet aud was rushed to the University Medical Center tor sjiecialized care Bom pi e matin elv, the anonymous miaul faces sevete piolilems with biliiti-lim- . which i auses blood destruction, and liver complications. Knowing the inlant needed immediate specialized c.ne, Di August "Larry .lung. University Medical Center . contacted Air Force officials at Scott Air Force Base. III., leqiirsting a special flight to Montana to hung the child to Salt Lake City. L'ndri the cate ol an An Foice jiccli- - lino die legislative and also iniu aieas which ate exclusively die inmein ol the smte. "Moieovei. die dm ision is eniuely void ol any nghtemis basis in pimciple in in (iiecedenl. in law m III logu "Il is nndei stand dile dial wIioip die wiling in elm linns niav in some manner directly m iiulnei tv alfeil die fedmil gnv ei nnieiil ni its interests it ought bei nine a (.mueiii of Ihe leikial h (milts uiidet lights assiiied In die Amendment Bui we ulleilv fad io spp p.i a i m be then legilnnale i mu pin as in him dm citizeniy of the slate ot Utah, ailing in (onlninilly with die plainly expressed piovisions ol then duly adopled Sla'p Constitution and implementing statutes, manage their own financing programs which involve what is in effect the placing ol liens upon Hip prcqierty of their Rani)lon Orders 2 Prim On State, School Spending A 2 air inline k on most pet coni spending hv Gov. Calvin 1. supported In a lettei Hampton. to State Herbert F. explained Hie move- Smalt, Finance Director Gov. Rampton taxpayers. "The exact aiinnnil ol Ihe delicil will not be aseei tamable until shoilly alter ug. 1. Ihe ma date leu the submission and payment ol claims against the slate i The cutback, in lieu ol a possible m was school the ease stale levy, made necessary h an oveiexiemlMme in the State Family Set vices Division and hy levenue Reclines in Ihe Geneial and Uniform School Funds, the governor said I Misguided and I n justified' I 1970 liscal veal (end30) and a bo Ihe final dale leu accounting by Ihe various school distinls loi distributed unit eligibility dining Ihe 1970 fiscal yeat. wising (lining the June ing Exceptions to the cutbacks will lie made for public assistance and medical assistance payments nut of the Family Services Division and ten payments in t school districts mulci Ihe progtam mil of the I'nifnim School Fund. Also excepted are highway innsiiuc-tioand maintenance opeialions, which school-snpHi- n is possible, however lo deleimme fail aciniaey dial the drileil will exceed SI million and will lie Ip" than $2 million. Substantial Deficit' "Il . will) Wilde tins deficit is not a gieal of the total liscal yrai budget of Midi million oi even of Hie combined school fund and geneial fund budgets of $229 million, still it is a substanthe tial amount and must be covered, letter said. ri Schools Assured Years Funding 1 Dr. Walter D. Talbot, state superintendent of public instruction, said Thursday the 2 percent cutback in state spending ordered by Gov. Calvin L. Rampton will not affect the distribution of funds anticipated by the state's 40 school for the coming year's operations. While the full impact of the reduction has .not been precisely determined. Dr. Talbot expects it to attect the portions of dis-tne- the Uniform School Fund used to pay lor state school office operations and to make payments to such other state agencies as the attorney general's olfice, lax commisson, the governor's office and sex pi a I others. If the Tax Commission chose to cover this with an increase in the school levy, a jump from the present 7.2 mills to about 8.2 mills would be necessary. The other possibility is to reduce expenditures wiiere possible in the General Fund and Lniform School Fund to leave available monies for the legislature lo appropiiate to covet the expected delicd. the lettei said. Cause of Shortage The governor said the deficit le'ulted when Hie 1970 legislative budget session appropriated $5.1 million loi a modest building progiam. basing Ihe appropriation on revenue estimates that showed $7 million would be xuiplu. "Had estimates made al lhal tune pmved light, we would have appinpriat-rall the estimated sin plus and would have finished Ihe liscal year with neither sin plus nor defied. "Unfoilimalely, tevenues fiom sales tax. individual income lax and corporate franchise tax (the latter two going into die school fundi (ailed lo achieve the expectations justified during the first half the 1970 fiscal yeai. 1 d the baby al lived just a.m. Fndiy at Ihe Salt Lake International Anpoil One unusual lac I iiimected with the mciclent is that the Innersity Medical Center has only enough equipment to Heal and caie loi eight plenties" (piematuie infant' i and the Montana baby bungs the numtier of babies undei caie In 11 specialized Equipment, inducting aspnatois and isoleUP'. had in he hoi rowed irom olliei institutions, a medical center spokesman said. This is (he fust tune the Salt Lake hospital Ini' been able lo give specialized care to a habv horn so far irom Salt Lake City, although it is the only institution offering such specialized caie in llie Inlermounlam Aiea. allies specialist, befoce Surplus Didn't Happen 1 The result is that with the $3 appropi tated to buildings, we will end the liscal year with a deficit. "The 2 pei cent cutback, if carried ihiough the liscal ye.ii, will be suHirient lo cover the maximum detic.it that may million-plu- s " from the 1970 liscal yeai the lettei said ll revenues tail to meet cutieni expectations. Gov. Rampton added, "gieai-e- r cutbacks in subsequent quartets may be necessary." "I see no alternative in view ol die fad lhal stale revenues into these two funds are so c lo'ely tied lo out national economy, which al die pieseni lime n hi an "xtiemely volatdp condition." result opeia-tiolis,- 15 Years Ago Arco Saw First Peaceful Light of the Atom By Eaile L. Jester Associated Press Writer Few people around ARCO, IDAHO the world are likely to remember that 13 years ago Friday, this small southeastern Idaho town was the first to use nuclear energy to light a community. But for residents of Arco population 1.3C2 the incident is weii rer.iemiieied and they take every opportunity to tell tourists about it. Carol Jardine. city clerk and secretary of the Arco Cnamber ol Common o, was 16 at the time of thn expe".mrni. "I remember it well." she recalls. "It was about 7:30 or 8 in the evening. They turned the lights of for 3 or 10 minutes and then they came back on. "i couldn't see any difference hut I think I realized what was gompon." test date coinctaed with Ihe 10th anniversaiv nf the wnild's first atomic explosion in New Mexico's Jordanada del Muerto flat west of Alamogordo. The 23th anniversary of that event was noted Thursday. Arco's experiment continued for one then the town resumed getting its hour electricity from Utah Power and Light Co., its normal source. The uuc eieu electricity was generated with heat from a reactor at the Atomic Energy Commission's National Reactor Testing Station on the Snake River plain east of Arco. It was distributed throughout die community over UP&L lines. r Mack Corbett, public information fur the AEC Idaho Operations Office, with headauarters tn Idaho Falls, said the operation was for experimental and demonstration purposes only. "It wafi undertaken." he said, In show it emild be done, poor to the fust lear-pov- offi-ie- Atoms for Peace Conference held that tall in Geneva. It was very successful. It proved that electricity from nuclear heat is the same and just as effective as that produced from conventioral resources. Arco is a ranching community near the base of a mountain range which has Idaho's highest peak, Mt. Borah, elevation 12,662. Ii is or.iy 20 iruies Irom ti.e Craters of the Moon National Monument, which attracts many tounsts to the area. Over the city hall is a sign reading, "Fit si city in tlie vvmld to be lit by atomic power." In the city park is a hi'totn al marker displaying a brief account ol tlie event Bo i an expet nnental boiling-WHo- r reactor opeated for the Atomic Energy Commission by Argonne National Laboratory at the National Reactor Test- et half million to ing 3.073, ax-II- Ration, generated 300,000 watts of power meeting the needs ol Arco, anolh- - xmci the Rot ax facilimillion to pemrt the NRTS Central Facilities Atca at the same time News ot that accomplishment highlighted the conference at geneva. By todays standards that achievement, although a scientific first for tlie Unived States, is little more than a milestone in mans edmts to develop an auxiliary or suplementai y source oc elec ideal power to meet .society's burgeoning needs for electrical power During the fust halt of 1970 alone the Atomic Fticigy Commi-siomade known plans for nine mtc leaf power plant' with a total generating capacity of 8 I.18JH0 kilowatts and annoum ect the selection nf react or suppliers tor right of these ty. and 1 n plant' As of June 11, 16 nil: wete operating, kilowatts. under construction, 7p iear power plants total of more were designed to generate gnerating Fifty-fou- r a kilowatts. Tiie AFC reports 4.7 mote jamet reacted.' are planned, with reactor components already ordered for 33. The 43 plants will generate 40,180.000 kilowatts. If all plants now operating, under construction or on the drawing boards were operating today, they would genet ate 89,010,600 kilowatts of elect! icily The Doiax-Ii- l reactor, wlctcr cur fust conelect! teal generating experiment ducted, was decommissioned in 197o A sister te..,lor was "s.e. uticed" lit 1934 in a iKiv.et exclusion test to detnoii'H te the cnee tiveness of inherent s,,tety Tilts m. ehanisms in reactors purer was tee nt reactor "Glow up foret unner of a special senes of 'mil test- - at dr NRTS. This showed that nu- le ; powet teaetois could be opetated s ,felv in heaxtlv populated areas and proved significant lo thr development of Ihe power tractor progiam a total of 4.7.776.9'l reiiJsi i. v of the two independently iiuie-iim- Fom-leent- major funds. state agencies suppoited by the Geneial Fund and Uniloim School Fund was ordered for the cmieiil quarter Thuisday Decision "Il inn udes ing. can save mnnrv lot governmental units,' Mi Smith said. Air Force Help Gives Tot Chance lo Fight for Life Dcspciatclv Smith c c t We dc. iv dial dm moii as an imwar-i- . mied ovei i e.u lung beyond any possible aiea ot dieir comei n and as a departure Hum any detent legaid tm the pimciple ol judicial i isti.mil "Thai is em mu aging " lie added. Im cause it saves the time between now and when any amendment could he pfleclive, and at the late oil'll in Hon osls hip ris- d Structure liaised Mi Inn nl - i Me Decry said c I oii't mil tonal anion. c c I Ruling May Allow Utah Bond Votes Utah l liiopeiable in'Olat as llmv e. qiiue lli.l nnlv propel ly laxpavets lie mi- h Imnd I'ci nulled In v ole plenums " Ihe leieqmiig coni hi'ion is a nei and (oeneil tei (ignition ot vvlial ill mu iiidgmeiu is the lotallv enoneous ruling n die maioiiiv ul die US. Supreme (.'mill in die Ihneiux ia-- e Export's Opinion u Is mu i ''"d die Mali decision, "Nnlwilh-- ' Hiding mn emphatic disagreement with u.e inioiuv n die il'linenivi i asp, we , ,, p pipsonl to tie lnl.,o l i . i ngnie.1 ,k iip ,m ,nif thrit a' mii Ii it I. 'll. ills iIuim , i i I s of (Ihe Mall n i I I i. 1 The decision vvas issued on an apxil tiled nv a Washington County resident, x hems Gvpoit. who pavs no pioieil and was baited fiom voting in a 'lav 27. o s, Imol bond election. Met challenge has boon domed in District Conn The I tab i mm's action, with one ii'- - i iii The reai lung out Ihrough the 'equal piolection' clause io giasp this issue into their ambit is misguided and unjustified because, as discussed below, thete is a between the two significant ditiemu-classes nl voids we aie dealing with m this case; iluisp who are property taxpaying voters, and those who aie not." Justn-- Clocked wrole. "The ma oritv opinion m the Phoenix some foundations for casp postulates itself which are patently indefensible. It loins lo the payment n( sales taxes, i ome taxes and ntlier indued means such as the payment of rent, by Hip voids who pay no properly lax. hy which they indirectly contribute to the payment of such bond', from which it draws thm conclusion ; in-- '"Not only do those person' rclucl''rt from the franchise have a great inteie.'t in approving or disapproving municipal improvements, but they will also contribute, as directly as property owners, to the servicing of the bonds by the payment of taxes to be used for this purpose. Most Cursory Analysis Continued Justice Crockett, "It is submitted that upon even the most cuisoiy analysis the foregoing statement will be seen to be clearly fallacious. It completely ignores the Hue ettect of the geneial obligation bond under which the properly in the district is subject to taxa.ion to pay the bonds. There i' therelnre a potential lien upon the property of Hie taxpaying property holders in the Hi Il let. as a result of which then properly may Iip foreclosed and sold." the said r "Il should he kepi in mind dial indued onli ihlitiniis vnteis who pay no proeily lax may be making in the school financing program, they are and fancy-fieat anv tune they choose to leave and rid them-rlv-ol any responsibility. Whereas, the opposite is true of the property taxpaying voter. He has deeper roots in the district and is not free lo leave. Even if he desires to do so. lie cannot take his real propel ly with Inin. "We think it is appropi late to here that m out system of government die judieiaiy i' possessed of an awesome (lower and iheicliup ol an awesome reIn addition lo its duty of sponsibility lodging between individual controversies, it also judge' die extent of the povw; and Heci-sio- ii wliai-eve- foot-loos- e e prerogatives die nf blanches ot hot of government, the legislative and the executive, and most awesome ol all: in own. Cites Own Prerogatives p iv iluis esvPiituI dial the piriieiacv remain keenlv aware of how inipoilanl it lie imi'c i liic and keep in iroieily within the limitations nf its s. iqmlniislv . own prerogative, ot this lodging wherein is cun se!.inieii''t I' involved lhal. (nr n c most p, it the enlightened and ii'ible jticniiatv of our nation, 'tale and iedet.il. have dway-- ' thought it to tie a sacred obligation to be especially circumspect and restrained as to any extension of their own powets. "But in recent years it is our impression that this important concept has been mote and mote di'iega.ded and lost hy the federal sight ol, expecially i emits." tic" decision said. Vp thus express our disagreement with tins Phoenix decision because of our conviction that it is so egtegtously i eel and in etrot. and al-- o because of whit we belt. we to be tlie danger of the trend it represents in destroying the bal-aiot power between the respective t hr ..i cite- - of governmert. and between the sovereignty of the states and the government, which have been so r. lo the stability and suo ess ouf ' lain it is because of the delicacy I ; ol esponsihihiv te-s- I r ill-a- ic f fed-ct- a) See page 4 4 4 R-l- i, Column t ' I f |