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Show ( Y REVIEW. A6 ; THF CITIZEN February 10. 1966 A Bundle Of Problems AND THE LAW (Continued from page 1) SupremeCourtAuthority:People, Constitution And Legislature r 1 for supreme courts Editor's Note: deliver vague decisions. This is the last in a serAt times, and the recent ies of articles revealing the cases of religious, press and relationship between the citizen and the judicial function racial freedoms are to the in the American system of law. point, supreme courts may defy public opinion or legisBy vote of the people, by lative inclination. These and authority of the Constitution of other areas of the Constitu- the State of Utah, by control tions of the nation and the of the State Legislature - these state, may be considered are the props upon which Sujudicial compromise at preme Court justice exists in a given time. A major difference between Utah. The Utah Supreme Court, the Utah and the U. S. Sulike the U. S. Supreme Court, preme Court lies in the area erf function. Presumably, the had its origin in the constifunction of the Utah Supreme tution of the area it repreCourt may not be diminished sents. Both courts are courts of or enlarged upon by either the appeal with constitutionally legislature or the administrative branch of the state govdefined areas of original jurisdiction. At either national ernment. Functional responsibility of or state level, the legislative body may control the supreme the federal court, on the other court by modification of its hand, Is determined In part by the court itself; in part membership total. Ballot Every 10 by the Congress. Justices of the Utah SuSelection of Utah Supreme Court justices by ballot every preme Court, as defined in 10 years is. prescribed by Article vm of the state constitution, have appellate jurislegislative statute. U. S.. Sudiction only, except for oripreme Court justices are selected by the President and ginal jurisdiction over the isconfirmed by the Senate for suance of certain writs. The court may issue writs life, as provided in the Conof mandamus, certiorari, prostitution. Anyone who can gain the hibition, quo warranto and haacquiescence of the President beas corpus. ' Passive Character and the Senate can be a SuBoth supreme courts are of preme Court Justice... except that the U. S. Supreme Court passive character. They must has indicated it would reserve wait until a case comes before them. The action must final judgment of the qualifications of its proposed new initiate elsewhere and make its way through rules and members. To be a Utah Supreme Court procedures to the court. If there is a question of justice requires membership the validity of a law, the inthe state bar. Each such appointee or elected member courts may react to the quesmust be "learned in the law, tion only if it comes before must be at least 30 years them properly. The character of peoples old and a resident of Utah for five years. may be seen in the decisions of of high courts. And hie charelements Foremost checks and balances held over acter of the high courts may the Supreme Court of Utah mould or control the charactr er of peoples. hre powers to increase numof It sufunction term is the the and of bers alter office (except for the term of preme courts to give staban incumbent). ThajwerJa ility and direction to .the deIncrease or reduce jiumbers velopment of law. also is' tKepfticipS theck'.'A major contrast1 faTlhe conduct of state and federal the national' administration has over the federal high supreme justices: the concern court. for individual cases. Less apparent influences Although the caseload inover the supreme courts of creases from year to year at the nation and the state, are' the state level, critical cases the feelings of the people and are fewer at state level and of the legislature. the service of the court is more accessible to petitionCourts Often Balk The courts frequently reers for justice. The day has long passed fuse to consider cases in those areas of law in which the on which the national court attitudes of the people or of can concern itself with the the legislature are not setsingle individual. State Sutled. preme Courts still are able, It is not unusual, in those and are expected to be conareas of legal dispute where cerned with the legal problems of every individual. public sentiment and legislative temperament are in Statutory appeals exist to conflict with judicial logic, assure the individual another cedent over state law. from government, it is A at state supreme chance PART of government. court level. '"'Unhappily, people are concerned with law, generally, Law is not something apart Except where judges diswhen they are able to take from people. It is PEOPLE qualify themselves from action on a case,- - far either court, advantage of the law to their and their behavior. To abandon perpetual intereach judge is free to write own personal interests... Or, an opinion. He may concur persons may be concerned est in the law is to abandon with the law when others rely with an opinion written by upon the law to involve them. another; he may write a conLaw is not something apart curring opinion. He may write a dissenting opinion or concur with a dissenting opinion written by another. As in federal justice, in Utah each appellant has the services of the entire court for consideration of his appeal. The court may not divide itself so that one part funcRICHARD DURTOII tions in one area; the other part in another area. , As with the federal conTHE III stitution, the state constitution is supreme law in Utah. . except that federal law and the FROM THE COLD' federal constitution take pre- - the self-intere- st. the tower wwss inxmmn G0 OUR) SPY vlio CAME i the movieH. payroll for months after his departure. (This does not imply that either Mr. Larson or Chief Hayward was unlawfully paid.) Modern,' efficient, effective police procedures doesn't include, the names of deceased deputies and bailiffs on the This has occurred payroll. in recent years in the sheriffs department. Part of tomorrow's story out of the sheriff s office has to do with effective utilization of manpower realistic or ganization.... forceful handling of incompetency. There is a traffic division with two captains and less than a dozen deputies who write fewer citations and investigate fewer accidents than do patrol division deputies a unit of prima donnas, public relations kids. The new sheriff will have the task of viewing a token traffic division as a superfluous unit assigned largely to giving escort at funerals to which patrol deputies also are assigned. The new sheriff will face the problem of realistic controls over sick leaves and other absenteeism. Sick leaves of up to six months or more in a year will require another look. How about vehicle assignment? On the city side, vehicle assignment is part of tlvd. f Mtk Km 17M7M MARCELLO whose name remained on the MASTROIANNI the seldom -- acknowledged pay scale of command officers. On the county side, take-hovehicles are almost as com- URSULA ANDRESS me mon EBUISEff as sidearms. about How function HAMMOND WI0FIEV1 captains as clerks who having little or no more authority than deputies orclerks? There is the lieutenant who THERE ARE HAMS is polygraph operator of a polygraph that is rarely used. He also processes auto theft a function barely reports extending beyond card filing. Hg. js assisted by a sergeant and, they command no men. 'There is the jail officei who, in 1965, responded to emergencies by dashing dff on trips to California to inspect jail facilities out there the cost of these junkets is reported as totaling up tc Where are the re$1,500. ports a sheriff might expect would be filed after such costly journeys? The new sheriff has a graduate degree in social work, earned in the field of penology to market to market tc ket fatten a pig. Sheriff personnel and sher iff vehicles used once per week to drive from mid -- town to a grocery in Sandy to buy grocery items at premium Ha is and correction. to take action to halt periodic food riots in county jail. d riots, officers Such have reported, result from lack of control over allocations food. Such complaints as this: They buy 30 pounds of The grand jury hamburger. inspects the menu and the menu calls for plenty of hamburger. But, five pounds goes into the soup. The trusty codes eat hamburger steaks. The remainder is sold as ham- burgers to other trusties at each. Thats stopped now, one command officer declared last week. Permanently stopped? Theres shopping day in county jail. For months now, some jail personnel have protested being used to run a store inside the jail. Cigarettes, candy and other sundry items sell at premium prices to a profit of $50 every week. Thats stopped now, a command officer declared. Permanently? Theres still another mar 15-ce- nts rwA prices. Back at the jail, other depfound it hard to get uties service because of personnel tied up for half a day each week, processing the big gromatching pur cery order chases against sums in prisoner property envelopes. A new sheriff has opportunities... ...reassignment of men from areas of political favor to areas or population density and crime occorrance. Sheriff sergeants who drive to their beet fields in sheriff vehicles to tend their fields on public time now can be reassigned or disciplined with less concern for intra epartmental politics. Sheriff Nielson, himself a product of the merit system, will be in a position to view more realistically the provisions and controls of the merit law as they apply to his department. There are several command level officers carrying the rank of acting captain or lieutenant or sergeant all beyond the maximum time allowed by merit law all without renewal by the county commission. At the Saturday meeting, Mr. Nielsen put himself forward as a candidate for now and in November dedicated to modern, scientific, law enforcement procedures, disciplined by the requirements of efficiency and effectiveness. He las a favorite phrase that now has come home to roost: Go get em, tiger! rltw rc j i AND THERE ARE HAMS And AG Food Stores and Food-tow- n Supermarkets have some beauties ! I They're Morrell's Smoked Hams, the finest quality, from only the finest grain-fe- d porkers. Shop AG and Food-tow- n and Ham it up tonight. . He Got The Gifts, Who Had The Baby? A recent surprise baby shower turned out to be the surprise of the new year . . the one being peppered with gifts was a man! The faculty at David Gourley Elementary School gave the shower for Louis Jensen, principal, at a recent faculty meeting after Mr. Jensen became the father of a baby girl on January 1. The teachers had made favors of waxed miniature diapers with a gold pin, filled with candy; beautifully wrapped gifts and a cake, decorated with pink booties. The meeting began as usual, but midway through the teachers sprung their surprise. It isnt every day that a father gets a baby shower, and he couldnt have been more pleased. Mr. Jensen and his wife have four other children, three boys and cue girl. MORRELL'S SMOKED SHANK CENTER SLICES HALF HECIPE When you cant see her laughing face, her voice can tickle you pink with a Long Distance call. Go ahead. Call now. L k i HICXORY SMOKED KENTUCKY HAM Ham 6 med. onions 2 cups brown sugar t pt. cider vinegar or cooking wine 2 bay leaves 24 whole cloves 1 , Soak in enough cold water to cover false starting to cook. Scrub ham. Allowwatertocirculate around ham, by using Add water. cold with in skin down cover and side bottom in pan. Place pan boiler the the cover cloves and to leaves ham, onions, sugar, vinegar, bay and let simmer, (do not boil) 20 to 25 min. to the pound. When done, let the ham cook in this mixture, then remove the skin, cut off some of the fat, cube and put in whole cloves (optional). Mix sugar, crumbs, mustard and cloves together and pat on the ham while To serve, it is still moist. Bake in a hot oven (400 F.) until glazed or brown. slice thinner than commercial type of horns. MENU Tomato Juice HAM Potatoes Peas or Beans Molded Jello salad Coffee or Milk Layer Coke PEAS & BEANS Taatowoll 303 con LAYER CAKE MIXES 7 Duncan Hinas 4 oil otd. 1.00 29 ft i JELLO 4 Ti ll VEGETABLES Rosadala 10 as. pkg. auld. TOMATO JUICE COFFEE Pwrco'i 46 os. can H3b Bra. 20 eIf Drip or Rag. Mountain States Telephone I n the ham overnight. Use fresh water when & lb. ! t 910? iWinSIEi? a '- -s v. ., I |