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Show ft WEEKLY u REFLEX-DAV- NEWS JOURNAL, JUNE 30, 1977 IS Ownership Of Cadillac: Issue Still Up In The Air By ROSELYN KIRK $50, 000 bail, Sheriff Lawrence said. After Thomas was released from and the car was awarded to GMAC, he jail, tendered payment of the $5,537 owed on the vehicle m addition to'court costs. The car would have been released to him had not the restraining order been served. JUDGE SWAN ruled against the motion, expressing concern that the State of Utah has not established their position in the case. He further ruled that since the county had not filed a motion to modify an order of summary judgment within the period after the original judgment on J une 2, that it was out of order to do so now . The whole legal matter centers around who will get the equity in the vehicle, which Sheriff Lawrenee estimates will be worth about $8,000. The Blue Book value on the car is $13,525. He said that somehow the issue got clouded before the vehicle w as even awarded to the state. The ownership of a 1976 Cadillac, which has been a matter of between controversy Davis County Commissioners and the Davis County Sheriffs office is still in a state of flux. U EDNESDAY MORNING Second District Court Judge Thornley was denied the motion to change the original order w hich had turned the car over to General Motors Holding Corporation in Salt Lake City. Assistant County Attorney Steven Vanderlin-dehad petitioned the court to reverse the order to turn the vehicle over to the state. Sheriff William Dub Lawrence said if the vehicle were turned over to the state, the State Finance Department could sell the vehicle and place the money in the state general fHnd after all the liens were paid off. The other option would be to award the vehicle to Davis County since the original arrest was made in Clearfield and the car was impounded here. y n IF THE STATE had been aw arded the vehicle, they could have given the car to the county, Sheriff Lawrence said. He said the AFTER THE denial of the motion on Wednesday morning, attorneys in the county attorneys office scurried about to file an appeal to the Supreme Court to get a stay to stop the sale of the car. Sheriff Lawrence said the appeal would have to be filed before GMAC accepted the payment tendered by Theopria Thomas, the defendant and owner of the car, who is out of jail on bail. If the appeal cannot be filed prior to the transaction between GMAC and Thomas, the county and the state will lose all possibility of getting about $8,000 the worth of the car after the $5,537 lien is paid off. state statute provides that the arresting agency could apply to the State Director of Finance and show that the county has need of the car for short period of time. Both the sheriff and the county commissioners finally came to an agreement that if the county w'ere finally awarded the car, they could keep the vehicle until January and then advertise it for sale. Commissioner Glen Flint said, after 1 talking the matter over wuth Sheriff Lawrence, the commission had deter- mined they w'ould take over the vehicle if awarded. But they made no formal motion Tuesday until they learned what the ruling of the court would be. on IN AWARDING the car to GMAC on June at the original hearing, Judge Swan was protecting the rights of GMAC who held the $5,000 lien against the car. Apparently Thomas had paid off the lien and was ready to take possession of the car when he was slapped with a restraining order prepared by the sheriffs office. This order set the stage for the second hearing on Wednes- Norman Olsen and his restored buggy, with the family horse Crescendo pulling the buggy, is ready for the Kaysville Days July 4th parade. JULY 4TH PARADE A isnt parade a parade unless everyone contributes their part to making it unique and successful. Such is the the Kaysville of feeling Jaycees who are sponsoring their annual Kaysville Days July 4th parade. IT TAKES many entries to spark the interest of the viewers. The Jaycees are en couraging citizens like Norm Olsen to again bring out one of his beautiful antique cars or his horse and buggy to add a spark of interest. Mr. Olsen and his wife Irene and members of their family of Kaysville, have participated in most all the parades held here in the past years and they create interest by exhibiting some of their cherished antiques that he and put it in good running has restored as a hobby. They also dress in yesteryear attire and arrive and ride in one of condition. In addition to this beautiful buggy' that is drawn by one of the family horses, which is a super attraction in this day, he owns a 1928 Model A, a 1926 Model T, a 1931 Model A, besides a 1924 Model T, and their prize possessions. MR. OLSEN owns several cars he has restored from deteriorated state and some he has had to build from the frame up. He said one of the biggest thrills is to restore a car that is a 50 year old relic his latest accomplishments are a 1913 Ford and a 1936 Rolls Royce. 2 LAWRENCE said if the Cadillac somehow were still placed in the hands of the state, he had it all worked out wath the state that the county was to receive the vehicle. Davis County was the arresting agency and had some right to the vehicle based on other cases. Prior to the court action, there had been a disagreement between county commissioners and Sheriff Lawmence as to whether day. The attorney for GMAC argued that, since the car had been awarded to GMAC, the company was entitled to proceed with the matter as they saw fit and turn the car over to Thomas once the lien was paid. the county should accept the vehicle even if they had a chance. DURING A heated session on Thursday, Commissioner C.F. Moss had said, I dont want anyone in the county driving that car. Commissioner Glen Flint added, If w'e can get the car and turn around and sell it, its okay, but I dont want county employees driving a Cadillac. Sheriff Lawrence had indicated at that time that the vehicle couldnt be sold immediately, but w'ould have to be used by the county for some purchase prior to the sale I will have to for at least six months. specify wuth the slate how the vehicle will be used, he said. GALEN ROSS, attorney for Thomas, argued that the County Attorneys office had not filed the motion to appeal the decision within the period required. Mr. Vanderlinden admitted that the appeal had not been filed within the limitation, but argued the time was not the central issue of the case. He said the real question was who should obtain the equity m the car. Judge Swan adjourned court Tuesday evening without a decision. On Wednesday morning, he ruled that the motion to reverse the order and turn the car over to the state was denied. The saga of the Cadillac began when the Sheriffs Office arrested Thomas on March 14 in Clearfield with 80 packages of heroin and other assorted drugs in his possession. Sheriff Lawrence says the law specifies that any vehicle used to transport contraband can be impounded by the state. THURSDAY commissioners had agreed to talk the matter over. On Monday they reached the decision they w'ould allow the county to accept the car if the matter legally progressed that far. Based on Wednesdays court action the county commission may never have to make that motion. In all the discussion, Sheriff Lawrence and county commissioners W'ere in agreement that if there were any w'ay to manipulate the matter, they wanted the proceeds from the sale of the car to be placed in the general fund. ON THOMAS WAS released on $3,300 bail from Davis County and was subsequently picked up by Salt Lake City police officers in another drug bust. This time released on Receives Suggestion Award Layton resident Roger C. Murray has received $810 for a suggestion that will save the Air Force $21,000. HE DEVISED a method of reworking components on a aircraft anti-skivalve. Mr. Murray is a pneudralic d systems repairman. He and his wife Janice have four children. Dutch Maid Products announces its grand opendng WITH A DUTCH BOY PAINT SALE the Paint We Give you the You Buy i Equipment gal or more give you a roller & tray set. With every order of We will 1 It Takes Two Si I to Make A Marriage Dutch Boy Paints Dutch Maid Products By JOHN W. GARDNER The energy crisis is real and supremely dangerous. How we handle it will deeply affect our future as a nation, and the future of our children. BUT ITS a new kind of crisis. It has us confused and were handling it badly. Heres why its tough. The solutions are complex, and countless special interests are involved, if we are to solve the problem, everyone is going to have to give up something. THE UNDER circumstances someone had to figure out a program that would be fair to everyone and still achieve certain difficult objectives. So the President, intensive after proposed such a study, program. Thats his job. Naturally every special interest is thinking of its own the auto comfort or profit driver wants cheap gasoline, and the oil company wants At UNLESS WE want to see the Presidents program de-- ' stroyed, we must act. We, the American people. There isnt anyone else. Weve got to back our President on the broad principles of his program. that it may become the biggest and best parade ever held in Kaysville. The local. Jaycees are depending your support. immediately So on contact them if you are interested. The parade will 4 at 11 a m. and is one of the biggest events of the day. np begin July Extra Large Bing and Lambert 'T CHERRIES Excellent crop, ladders and picking pails furnished, orchard mowed clean and green, like a park. Bring containers. U PICK STARTING JULY 4TH AND THE world will discover that this nation hasnt enough sense of common purpose to save itself from BURTON FRUIT FARM 49 North Mt. Rd., Fruit Heights, Utah disaster. GUADALAJARA Mexican Restaurant CHECK OUR WEEKLY SPECIALS home d loans was increased from 8 to 8.5 percent, effective May 31. MAX Cleland, Administrator of Veterans Affairs, said the new rate, established for Federal Housing Administration loans by the Secretary of Housing and Urban Development, also applies to Veterans Administration home loans. Cleland said the increase was necessary to bring government rates in line with other competitive rates in the mortgage and financial markets. THE RATE change doe' not affect existing VA home loans. Once a loan is made, the interest rate remains the same for the life of the loan Also unaffected are rates for mobile-hom- loans, which e Mach 6 Cyl, AC I 4 Speed Saturday and Sunday Special ALL YOU CAN EAT Cheese Enchiladas Beef Tacos Half beef - Half Bean Burritos Bean Tostados -- Beans Rice - 1 1 A.M.-- 2 P.M. Daily -Open for lunch Dinner Mon. thru Thurs. 5 P.M.-1- 0 P.M. Fri. 11 A.M.-1- 2 Sat. 5 P.M.-- 1 2 P.M.-SU5 P.M.-1- 0 P.M. P.M, N. s3088 Products E&M 0 town Flood tizens do. If you have never been in a parade, there is time now to register and get involved, so The federal interest rate on government-backe- 1974 Mustang 773-500- special interest campaign contributions since the Johns- WERE READY to do our share, and we expect others to do theirs. This is a time to stand together. If we send that message out, Congress will listen. If we dont make our voices heard, the selfish interests will rip the energy program apart. THE LOCAL Jaycee Chapter is grateful to people like the Olsens who love to contribute an entry each time, as also many other ci- Increase Dutch Maid 1679 N. Main, Layton Tel. listens. It listens even when because they speak softly this Congress floated into office on the biggest torrent of Rate are for shorter terms and Faints And when the moneyed interests scream, Congress Were the only ones who can call a halt to the savage special interest attacks on that program. We have to stand up and say: Fveryone must sacrifice something if were to meet the crisis. fair program. One can disagree with his program in details: therell be time for those arguments later. But to get us off to a positive start he proposed a set of goals, and asked that they be passed by the two houses of Congress as a Joint Resolution. We should back him in those goals, and then settle down to debate the details. VA Announce the INSTEAD, we are seeing his proposals torn to shreds before our eyes. Each selfish interest is screaming. incentives to explore. BUT THE President has to think about all of us and the good of the country. Faced with a practically impossible task, he came up with what seems to me a reasonable and lesser loan amounts Wedding Reception IRENE SAYS as they drive around the country', they spot an old car under a collapsed roof of ap old garage or at an old horrye, sometimes a spare part out1 in a pasture or what may have been a dump. It can be most any place, but they always have their eyes peeled for spare parts or antiques. Mr. Olsen says it is surprising what he has been able to accomplish by spend SHERIFF ing an hour now and then and soon he has one restored and it is a rewarding accomplishment. The Olsens encourage everyone to become a part of the big July 4th parade Ford 1573 N. Main, Layton GUADALAJARA 360 S. State, Clearfield 773-450- 1 I I I I I I I I I I I |