Salt Lake Tribune | 1997-06-13 | Page 22

FRIDAY/June 13, 1997 pinion The Salt Lake Tribune Page AZZ OUR VIEW The Salt Lake Tribune's Editorial Position Modelof Justice Though U.S, District Judge David K. Winder deservesa rest, his semi-retirementstatus, which started this week, is searcely welcome, The Utah jurist's tenure on the bench has been a source of recyhl pride and reassurance for two decades; anything less than his full-time presence will be a profound loss to the state Whenrulings in other courts oceasionally offend justice and weaken publie respect for the law, this judge proves the system can work as envisioned, treating people as equals and settling conflicts with fairness and dignity. Both in the state and federal courts, where he rose to chief judgefor the U.S. District Court for Utah, David K. Winder has commanded respect, not because he demandsit, but because he embodiesit. Noneofthe arrogantbelittling that sometimes besmirches the judicial ranks is found in the Winder courtroom. A studentof history and humanity as well as the law, this Utahn helps fulfill the American promise to accord everyonefair protection of the law, by treating those in his charge with deference and understanding. Winder takes each case seriously, diligently examining the legal and human ramifications before arriving at a well-informed, judicious resolution. No one is casually dismissed or treated with disdain. He is above all a nice person. As the judgetells it, from being a rowdy youngster with supportive par- ents, he learned not to condemn or write people off, He sought a judgeship 80 he could promotefairness instead of advocating causes he didn’t believe in, as he sometimes was obligated to do as a lawyer. During his career, Winder has settled someof Utah's most controversial legal conflicts, from the dismissal of Vicki Singer's lawsuit over the state's Se her polygamist husbandto the prohibition on coal mining in the Kaiparowits Plateau, Just recently, he refused to place the Utah Division of Child and Family Services in receivership, yet he is demanding better protection for abused children, This exemplar in the judiciary has established a proper standard for Utah's oo oan that was quickly recognized by his colleagues, The year after then-Gov. Scott M. Matheson appointed Winder to Utah's 3rd District Court in 1977, the Utah State Bar voted him Judgeof the Year. A year later, President Jimmy Carter chose himfor the federal court, and within four years, he was elected best federal judge in the 10th Circuit. Asked last year by The Tribune to assess the professionalism of Utah judges, lawyers practicing in the state gave Winder their highest rating. Because he retains senior status, Winderstill will preside over some federal cases. But fewer Utahnswill expeRulesofthe Road rience the quality of his court, the modHaving been suddenly blessed with an el of justice. How unfortunate for all ample increasein free time while travelwhorely on public respect for the law. astronomy-related publications. How- ever, poor management and recurring squabbles with county officials have tattered the planetarium’s reputation, makingits future doubtful. Hansen family members envision the planetarium privatized, preferably with a money-raising foundation run- ning the enterprise. An independent commission recommended a similar course, associated with a non-profit organization, But county commissioners talk about pushing the planetarium onto another government body, the U. of U.. State-funded higher education seems always the likely bankroller for academic-related programs like a planetarium. However, that is precisely why the planetarium should not becomea U. of U. subsidiary. There is little hope in that large bureaucracy for treating whatails the planetarium. Because government programs tend to live on regardless of need, the planetariumasa U. of U. line item in an enormous budget could limp along indefinitely, underappreciated and undistinguished. As a university responsibility, the planetarium would commandless community-based urgency, lacking paramountconcern and attention its management deficiencies desperately need. As originally intended, the Hansen Planetarium should be given back to the peopleofthe city, county and state of Utah as a private, non-profit, community asset. The public then will accurately and finally decide its value and its future, ANOTHER VIEW Summarized From The New York Times - Kabila on Probation The course taken by the newgovernment of Congo under Laurent Kabila will have important consequences for much of Africa, Nine other countries border on the vast, mineral-rich and strategically located land formerly known as Zaire, and thepolitical and military dynamicsin several of them have already begun to shift. The Clinton administration has moved deftly in this rapidly changingsituation, opening a direct dialogue with Kabila through Bill Richardson, America's U.N representative, whoalso acts as President Clinton's personal emissary. Concerns have already emerged about the Kabila regime’s involvementin refugee killings and its commitment to democracy. Troops loyal to Kabila reportedly carried out deliberate massacres of Hutu refugees from Rwanda, The new governmenthasalso restricted political rights, deferred elections for at least two years and failed to incorporate longtime political opponents of the Mobutu dictatorship in its administration. Last weekend Richardson told Kabila that the United States was prepared to help with health and education needs, planning a market economy, organizing elections and integrating former soldiers into society, But he rightly conditioned this help on Kabila’s addressing urgent humanitarian issues and longer-term political reforms Thefirst importanttest will be how Kabila responds to the massacre reports. ‘These must be promptly and impartially investigated and any guilty parties prosecuted. TheSalt LakeTribune UTAH’S INDEPENDENT VOICE SINCE 1871 PAST PUBLISHERS PUBLISHER Dominic Welch John F. Fitepatrick (1924-1960) John W, Gallivan (1960-1983) Jerry O'Brien (1983-1994) Letters from The Tribune's readers Limiting Viewer Choice Whereto Write @ When submittingletters to the Public Forum,please include your full name, signature, address and daytime telephone numbers, Information other than your nameandthe city in which you live are kept confidential. ing about Salt Lake City’s various thor- Privatize Planetarium Thelatest round of problems at the Hansen Planetarium in Salt Lake City are caused notby a lack of money but by a lack of good management. So its future should be directed toward better management morethan deep pockets, A better budget derived from being absorbed by the University of Utah will not solve the planetarium’s problems. Since thosetraceto ineffective stewardship, the Hansen Planetariumshould be privatized rather than palmed off on someother government parent. As a private venture, the planetarium would either command sufficient community support to demand good management and necessary financial resourcesorit wouldn't. If it doesn’t, it will becomepartof the county's fondly remembered municipalpast. After Beatrice M. Hansen founded the planetarium in 1965, using $400,000 from the estate of her deceased husband, George T, Hansen, the Hansen Planetarium becameinternationally famous for its star shows and THE PUBLIC FORUM EDITOR James E. Shelledy EDITORIAL PAGE EDITOR Harry E, Puller, Jr. KEARNS-TRIBUNE CORPORATION, 143 8, MAIN ST. SALT LAKE CITY, M4111 oughfares, I have madea list of helpful guidelines that my fellow road campers mayfind useful in moreefficiently planning their morning and evening com- mutes: 1) The words “minor inconvenience,” as they are frequently applied to any phemistic for ‘only a shade preferable to @ Because of the volume of mail received, notall submissions are published. @ Mail to Public Forum, The Salt Lake Tribune, P.O, Box 867, Salt Lake City, Utah 84110. @ Our fax number is [phone]. Who’s In Charge Here? flags. 4) That shortcut you've been planning Oo Get Tough on Drivers Recently, The Tribune printed stories aboutour police department's “nip it in the bud” policy, by which petty crimes are prosecutedwith the idea that this will help prevent moreserious crimes, This is a greatidea, and they should takeit one step further — apply it to drivers. If people wereticketed for moretraffic offenses — like running red lights, speeding,tailgating, failure to signal turns and lane changes, obstructing traffic, ete, — we could prevent manytraffic accidents and maybe calm down someofthat “road rage,” hence making our roadssafer. Each dayas I wind through the barricaded county roads, I am just amazed at how muchthe good people of Salt Lake County will put up with. It seems that every conceivable improvementis being rushed to completion at the same time and that motorists are just in the way. The question needsto be asked:Is anyone in overall charge ofall these improvements,looking out for the poor motorist and putting a limit on the number of streets torn up at any onetime? Often construction barricades restrict traffic days before any actual work is done, and then these same barricades stay up sever- al daysafter the work is completed. Some are just there for no apparent reason. The least we should expect from our county government and UDOTis that someoneis overseeing this construction workto insure that only a small percentage of ourstreets are closed at any one time andthat barricades are put up and taken downin a timely mannerso as to cause as little inconvenience to the public as possible. PAUL D. WALKER Salt Lake City Q With impatience and recklessness that so many of our drivers display, this “nip it in the bud” program could easily pay for the extra personnel that would be needed to actually enforce existing laws. I, for one, hate to see any more governmentintrusion in ourlives, but ourtraffic laws are simply not enferced, and we all either see or hear ofserious incidents and accidents almost every day. Well, it turns out that the police have otherideas. Instead of enforcing the laws that so many people think only apply to others, the UHP has announced a new (?) policy of non-enforcementof ourtraffic laws (“UHP Will Go Easy During I-15 Project,” Tribune, May 26). This policy is questionable at best, and to actually publicizeit seems almostcriminal.I also feel that The Tribune has committed a serious breach ofits social responsibility in publishing this decision, Another thought on our roadways, par- ticularly the I-15 reconstruction and the Legacy Highway: Isn't this a case of “if we build it, they will come"? Instead of pursuing alternative modesof transportation, such as passengertrains (on existing rail lines), more and better bus routes, carpool and bicycle lanes, we just keep building roads. Where will it end? When the whole state is paved over? Let's fix the problem instead of simply addressing the symptoms, MICHAEL CORONELLA Salt Lake City States, they did not ban its showing on @ Letters are condensed andedited, 2)It will often cometo passthata fivemile, two-lane stretch of road will be blocked off to accommodate the seemingly industrious efforts of a single person toting a trowel and a Big Gulp. 3) Thereis simply not a majorstretch of Salt Lake roadwaythat can boast more than three miles of driving withouta restricting barrage of orange cones and on for “bad days” is knownto the greater part of Sait Lake City residents, all of whom will attempt to make use ofit on the same badday. 5) The largest and mostelaborateparts of any individual road construction project will be concentrated and undertaken only during the morning and evening “rush hours.” 6) Twoto fouryears is notall that long to suffer “minor inconveniences.” See definition above. WYATT EKINS American Fork W Keepit short, Conciseletters developing a single themeare morelikely to be @ Pleasetype and double space. making the 20-mile commutevia bicy- pay-per-view eventis outrageous andil- logical. The federal government and the FCC haven't banned the Ultimate Fighting Championship. While several state governments havepassedlegislation banning the event from being held in their published. Utah road construction project, are eu- TCI's recentdecisionnotto televise the Ultimate Fighting Championship XIII A User Tax in Name Only Gov. Leavitt and the Legislature must be embarrassed. They sold the hike in gasoline taxes as a user tax, with the money collected needed for our highways, Now, according to an article in The Tribune (May 23), a recent survey shows that Utah only spends 51.4 percent of the money collected for roads and highways on the roads. The rest is spent on mass transit, bike paths and general-fund items, Besides the diversion of state highway funds to other uses, the federal gas tax is also diverted for other uses, About 11 percent of the federal tax is diverted to mass transit. There is even some used to help pay the national debt, although this is a very small portion, pay-per-view cable or rental video. Blockbuster Video and Hollywood Video, conservative companiesthat do not carry NC-17-rated movies, rent UFC videos, TCI’snew policy contradicts its current and past history. TCI broadcast UFC I through UFC XII, including a six-hour New Year’s Eve UFCspecial. Why has TCI changedits mind after three years of raking in the profit? More importantly, why is TCI taking this decision out of our hands? The purpose of pay-per-view is just that. Viewers pay a fee for entertainmentthey want to watch.If I thought the UFC wastoo violent, I wouldn’t purchaseit. Banning the UFC is TCI’s attempt to legislate morality. And when a media monopoly starts legislating morality, it's time for the public to be afraid. JON E. SEAMAN Salt Lake City Qo This Community Needs the Dog I have recently been made aware of plansto evict the Wooden Dog from its spacein Trolley Square to make way for a new Eddie Bauer store. I feel compelled to protest this plan and the apparentlack of sensitivity to the needs or desires of the community being demonstrated by both Eddie Bauer and Trolley’s absentee landlords, the Simon DeBartolo Groupof Indianapolis. When the Wooden Dog took over the space in question,it had been vacantfor a long time. Now,just as the Wooden Dog's reputation as a top-notch concert venue has become known throughout the community and thatfirst shaky year has been transformed into a local success story, Eddie Bauerjust has to havethat particular space, Personally, I think the main issue here is obvious. Should we, as Salt Lake City residents, permit two sets of highpowered outsiders to roll in, demolish local enterprise, and increase their profit margins at our expense? Or, should we insist that expanding national chains give due consideration to the welfare of our community as they open new stores? The Wooden Dogis a true asset to this community, The samecannotbe said of Eddie ver. If you don't think this plan hurts Salt Lake City, just consider how manyclothing stores there are in town. Now consider how many great concert venues there are here. Can we afford to lose the only one we have? There must be many spaces available to Eddie Bauer, Only one is available to the Dog. APRIL L, ROBERTS Salt Lake City 0 If mass transit was madeto payits own way, there would be no mass transit in Utah, The light rail is to be subsidized, first by the federal government and then by the state. Asif federal money was not tax money, And the recent talk of commuter lines will cost the taxpayers; the UTA estimates it will require an addi- tional % percent on the sales tax. if we are to have user taxes,let's make all government functions pay by user tax- 5, FRANK W, MILLSAPS Salt Lake City Get a Life Teresa and Tammy Hofheins (Forum, May 31) need to get life. If they are so concerned about rudeness, then what do they think of themselves? Karl Malone doesn't make nearly as much as most other professional athletes, And Kar!has always been humble and giving. Besides, most newscasters ask stupid questions at very inappropriate times, thank you very much! ‘ SANDI ALOIA Salt Lake City v