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Show '4 Double VE W Take And Brickbats Bouquets Passing In Review almost The keys of our typewriter seem slujgrtsh to give own It to write their seer&rfitting eulogy. hesitant some parting shot to the community in this final burst on the editorial page. On looking back though it seems weve said a good deal of what we had to say. It is more fitting then, and most interesting to review what the Review has said, editorially in its 127 issues - and to note the outcome or the community's present attitude. Feb. 20. 1964 -- an editorial on the selection of the president of the University of Utah: He must have courage, of a nature that does not fear occasional unpopularity or even resistance from regents, faculty, alumni the community or institutions outside the University, no matter how powerful" March 26. 1964 - on the flood problem: 'We support the countys desire for a bond election soon and the immediate planning for construction to prevent further expense and damage from floods and inadequate . drainage." - on 5 the teacher rebellion: Teachers should know that Utahns desperately want high quality education for their children. They should also know that most Utahn's arent convinced. that just1 more money or simple across-the-boa- rd increases will accomplish this need. For the mediocre teacher the job Is an easy one. Fpr the inspired dedicated teacher it is more than a full time, exhausting task., The. teaching profession would find a jmore favorable sentiment from taxpayers and parents if thfey did not resist some kind of system which would reward the hard working, enthusiastic, capable teacher to a greater extent that the mediocre one." June 11. 1964 - on Utah's economy: ;We should provide real and meaningful tax advantage to' basic industry, but only where we are quite certain that such advantage will provide increased employment We should be sure In our own minds that the profit motive in business is respected and appreciated by the people of Utah, particularly the young." July 16. 1964 - on the upcoming elections: .Part- of our shortsightedness comes from labelitis. We view the other fellow's approach as conservative or liberal, today's accepted lines of demarcation, hi so doing, we tend to prejudge what he says or does on the basis of what the labels tell us hes supposed to say or do. This weeks Republican convention included much babble and non-senas will the Democratic session later on. Most of us recognize this as part of the political game. It (might sWediy be replaced by a more thoughtful, intelli-j- it May 21. 1964 - se, .... 1. 1965 - . April 7 1966 - on Salt Lake City Commissioner Jim Barker: fr Jim Barker was elected handily by a public that sent into defeat an incumbent commissioner functioning in an area of doubtful economy. And if they are concerned with their futures in politics, other members of the City Commission, particularly Mr. Catmull and Mr. Holley, could take note of Mr. Barkers administrative talent. ' May 19. 1966 - UI . political comment Till Tomorrow....You,ll Howl! by Norman Rosenblatt Tuesday's election produced surprises not so much in terms of outcome but in terms of degree. In the general election in 1964 close to 180,000 voters turned out in Salt Lake On Tuesday slightly over 25 County. percent of that number cast ballots in the states first party primary. One candidate called it a near catastrophe. The fact of John Creeps sweep over Bill Larson wasn't surprising, the size of it was. I had thought that Bill Larson still had pockets of support here and there. He does but they're minute. Larson's vindictive refusal to support Creer will no doubt harm whatever future political aspirations Larson may have after all Creer is now the party's candidate. Its basically a Republican year in Salt Lake County - and the Democrats are going to have an uphill batUe between now and November. If Creer can overcome those odds it wUl mean a decisive step tor him in his poUtical career. The party will begin to see him in a new light. In the Republican party it is interesting to note that the original candidates tapped by the inner party organization, or selection committee were elected with the exception of Ferris Andrus for sheriff. Meanwhile, if I were of the administrative, legislative or judicial arm of local or state government in Utah, Fd be disturbed that the legal structure of our government is being imposed in surprising degree upon the shoulders of a recent repack ofyoungstersrookies turnees from the draft, the church mis- -. vy share of dabinto the role of the U. S. ed Supreme Court in the government of these United States. Our good friend Jim Barker is among those who feel strongly that the U. S. Supreme Court has infringed upon the top-hea- triple-branch- intent and objectives of our national Constitution by becoming, in effect, a veto over the legislature with a'5-to- -4 power and authority of the Congress and the national adminstration. I dont entirely agree with Jim; ffcrdo I entirely disagree. Rather, Im among those aligned with the conviction that the federal high court is not quite so imposing upon the legislative-administrati- ve prerogative as it is a necessary of their inaction. In the Utah community, however, there has been developing an infringement upon the separation of powers concept that leaves us deeply concerned. Weve mentioned it facetiously heretofore-mentio- ned it facetiously because wed rather not become deeply involved in the subject. 9-- ful-ffll- . Federal Situation Reversed . agree with us still-rook- top-heav- ' Hansens Law In Utah sion and the law school graduation ceremony. Here we are in one of the most trying periods of the revolutionary development of our nation and of our state, and we rely for judicial authority and guidance upon the opinions of rookie graduates of law schools... graduates who cant quite make it in private practice all at once. . . those who work parttime establishing themselves as the third branch of our local government, the judicial branch. Giles - A Figure Head? Its not Grover A. Giles, the politithe signer of opinions, cal figure-hea- d, who either researches or writes the opinions that dictate the progress of our local government. In Salt Lake County we have the amusing phenomenon of a veteran commissioner-legislator, W. G. Larson, taking legal advice from a parcel of law school grads who werdt stumbling about in the ballast of dirty diapers when Bill Larson began his legis- lative career. We have the almost hilarious phenomeie non of Lawyer John Preston Creer (he's done very little legal practice) who, as a beginning rookie lawyer served in the office of our county attorney writing the Judicial opinions that motivated the county commissioners who put us in the mess were in today. . And, now that John has graduated from . advisor of county commissioners to be himself a county commissioner... the number of letters he writes to the county attorney for opinions shows that he basn t the slightest notion of his legal position in the area in which he once served. John Preston Creer now places his entire reliance cm the advice of youthful, Immature lawyers who professionally accept the burden of governing a metropolitan community while John nods in assent at their law-bodiscoveries, never challenges even one of them, and collects his salary. , Weve not mentioned it to Jim Barker, and we wonder to what extent he might in a quiet analysis of the extent to which the Administrative branch of government in the State of Utah, and in Salt Lake County. ..and much less so, to a degree also in Salt Lake City... but ' to what ext ait has the Administrative branch of state and local government infringed upon the prerogatives of the judicial branch; a reversal of the federal situation. y, we believe, is reliance So of city, county and state agencies upon the studied (but, nevertheless, opinionated) opinions of city and county attorneys and the attorney general, that there is forgetfulness that these counselors at law are NOT agents of the state judiciary. They are, to the contrary, themselves instruments of the Ad- -' ministrative branch of government. Why has the Judiciary of our state permitted the attorney general and the county attorney. ''to presume, to create new law through the interpretation of statutes and through the interpretation of previous court decisions, and even through the interpretation of previous attorney general or county attorney opinions? , We encourage lawyers to create new law and new administrative authority by the simple expedient of expressing an opinion of what a court might conclude if the matter ever got before court. We have permitted the creation of new i law where ther e has been no law, and we ' have permitted the creation of new law of law , by the opinionateJ interpretation never before judicially interpreted. . , . -- Pass The Buck To A Lawyer It is time, I believe, that our state and local legislators and administrators ' quit passing the buck to the lawyer for xthe action that might someday raise the eyebrows of the electorate. The gravity of the circumstance, I believe, is contained In a phrase of a letter written last week by John Preston Creer to the office of county attorney. Mr. Creer was concerned about the possibility that some of his actions in relation to travel expenses might truly - ff, Wait Jim Baldwin bling" oflate on the Comm unity, Action Program: The poor, .the racial minorities in our community, the ..fatherless exist in qV town,' they lirejhe children.they October ! 5:1964 - on the infamous book None Dare Call " few. 4 forgotten it Treason": And now for the first time they begin to speak:' They The evidence for Stormers accusations wouldnt be to we are human we are a part of your accepted in any court except that of public opinion and yet begin say are here. And beings, comes back from the answer many are willing to accept his conclusions at face value. community of organization, the system, the tribal custom The people of this state have traditionally shunned the the world whose and decoration is the long roll of crimson symbol sensational for the rational. Our heritage is one of justice But now the Community Action Program stands in tape. and intellectual fairness. Why, then the enchantment with and the background helps with the cue lines. Community this sensational diatribe? Its vain attempt to extract Action a isn't federal project -- itisa community challenge." treason from the slimmest evidence is unjust and intellectuon 2. 1966 the Salt Palace: June ally shallow." Without extreme with our taxes we could easily care October 22. 1964 - on the eve of the elections: tax a the where base creates an uncompetitive point The smell of cultural and moral decay is the odor of reach to new business formation. If we could be positive extremism as it breeds the most destructive and corroding barrier that the Salt Palace would make the difference in our growth habit of humankind - the terrible capacity to hate." if we were certain that it would be a profitable investFebruary 11. 1965 - on the selection of a county commisment if we knew tint it would live up to the optimistic sioner: of the planners, we would say yes. If the commissioners take the short view and use the hopes we But have too many doubts. The word no sometimes well empty county commission seat for a political pay-obe expecting a reversal of their fortunes next time at the requires foresight, even if it is a little late. June 16. 1966 - on the firing of Purchasing Agent Jim polls. There are several good Democrats obviously worthy of Kimball: So Mr. Kimball was fired not because he performed the rent in terms of training, proven performance. Heres - but because Mr. Jenson wanted to find a way to get the opportunity to launch an outstanding man into the badly to Mr. Creer. With that kind of instability how can we political mainstream. Cast your bread upon the waters, notch top expect people to work for Salt Lake County. boys, and it will come back as buttered toast. June 23. 1966 - cm Church property taxes: June 17, 1965 - on the flood control program: The statements in our state constitution cm this matter .The program is bogged down with committees, sideline are vague and require too much interpretation. .No county advisors, engineers official and otherwise, and conflicting assessor relishes the thought of tackling Hie question head plans of attack within the administration. If the idea has been to divide and conquer it has been successful. Is it too much on, nor should he be required to do so. No legislative bill to ask that this time the expenditure of millions of dollars could cover all circumstances - but a well drafted, well for a public project be properly organize! and the program considered one could provide guidelines that make uniform standards clear. conducted in a responsible manner? procfeSsi' There s been a - on the Grand Jury press blackout: It was a rather unique experience, to say the least, to watch several Salt Lake news outlets agree Tuesday afterof information on grand jury noon to a general black-o- ut not willing to make a pledge Review is ...the proceedings,. it might not be able to keep in good conscience: Between ourselves and our readers, well observe legal and ethical rules of good conduct, but the public has a right to know and if a major development of this nature crops up, well print it. July 22. 1955 -- on the Little Hoover Commission: Ii the Commission does its work well and if Governor every Rampton acts decisively on its recommendations Utahn will be assured he is getting 100 cents worth of service for every tax dollar.. ..the work of the commission is calculated to please no one except the taxpayer." October 28. 1965 - on our favorite comity commission: We expect disagreement between commissioners. The opportunity for three points of view on issues is one of the few advantages to the. system. But an occasional difference is one thing - this constant bickering, harrassment, alliances, and maneuvering is another. November 18. 1965 - on the county attorney. Wtiat concerns us most at present is that while the weaknesses are not tuw; while the sorry results of the weaknesses are of long and .costly duration, Mr. Giles now intends to take first measure to correct the system. We are disturbed that neither Mr. Giles nor others responsible for good law enforcement in the courts have, in the extended past, taken the same initiative that is now promised with the prodding that the Review has undertaken to provide." December 9. 1965 - on Salt Lake County government: "Salt Lake County badly needs an independent, objective investigation of its entire operation. Residents should get excited about this and make their feelings known to the commission." July by Most surprising to me was me election of Phil Blomquist - since his opponent had waged an apparently moreaggresive campaign. In the Democratic race for sheriff the margin by which Juddy Nielsen beat Pete Hayward was about the same as the margin in the February party committee meeting and about the same as the convention margin. The senate race in Senate District The One might indicate something. district runs north from 6th South, and east from Main Street up to the University - including the Avenues and Federal Heights. Hughes Brockbank didnt run on a or ticket - but having been mini-bot- tle associated with the bill in the 1965 legislature, he was aligned with that camp. His opponent, R. G. Thompson, put on a strong or campaign and lost 2,240 to pro-liqu- red anti-liqu- 1,464. During the balance of the campaign-thGOP will have unity going for it. The County Demos wont Joe L. Chris- e tensen, having worked for Marv Jenson, clearly represents Jenson's point of view. Creer will have a tough time standing on the platform with him -but probably will. A Democratic sweep appears to me a highly unlikely possibility. In case it should occur the complexion of the Salt Lake County commission wouldn't change - wed just have more of die same. A Republican sweep would put J enson in Greer's present spot - with the departments J enson has said werent really so tad - as long as Creer had them. Its not impossible to imagine the commission staffed by Creer, Blomquist and Jenson, and the rest of the county side of the building by Republicans. That would create some interesting dilemmas. More likely is victory for Oscar Hanson and Phil Blomquist. We can only hope that the two of them will spark county government with creative ability and courage. My clearest aim in this column was to help stimulate interest in politics -and an increased interest in politics -if not in some of the politicians currently with us. Some of the performances of the last two years by elected officials ought to give us all pause to seriously contemplate our political obligations and j, ddental,h&.f.t! has dteteifake decisions' because of the failure of Congresst to, legislate as is demanded by the needs of our times... and Phil Hansen writes and interprets the supreme law of the State bf Utah...why? In Utah,' the governor, who himself is a veteran lawyer with far greater exposure to the administrative and social law than our attorney general.. .our governor , rejects the Utah Supreme Court and case law and subjugates judicial prerogative to an opinion expressed by his lawyer to support administrative action or inaction. - 7 . Does our State Supreme Court invite exclusion by omitting law from its decisions? Well.. .to be frank. ..in many instances, yesl Has the high court in the course of its clever, sometimes snotty, writings overlooked its proper function and tompelled the administration to rely upon legal advice as the supreme law? Possibly! . In This Corner - A Challenger It appears possible, also, that inept and incompetent administrators have discovered the opinion as an instrument through Vhich they might administrate or legislate unchallenged by the court decision. After all V whos to question the action of a countywcommission who acts upon the advice of a county attorney who gives the advice desired? And who will challenge either the advice or the administrative action in the courts? Has it never occurred to the bench or to the bar how strange It is that even when the legislative branch at county level doesnt like the advice of the county attorney, it gbes next - not to a court test - but to a still higher opin , ion, that of the attorney general, hopeful of a reversed opinion. It has happened during the incumbent administration that an opinion of Chif County Deputy Attorney Warren Wegge-la- nd has been reversed, as in a court action, by an opinion of Phil Hansen. I wonder hoiy many individuals grasped the significance of what Mr. Pace of the Liquor Control Commission had to say the other day about Phil Hansen: Mr. Hansen is entitled to his opinion , the same as anybody else. And, I wonder how many understood that Phil Hansens opinion really has no greater legal significance or stature in law than does your opinion or mine. Possibly, Mr. Pace spoke in anger or mild irritation...butheneednothavebeen angry nor irritated to have spoken accurately.. .and what he said should prove disturbing to our Utah Supreme Court. T Behind The sug- -, ' - made more realistic to the times. Rather, Mr. Creer wrote: 'I believe it would be helpful to have an opinion to die effect that from your office.:. the travel expenditures were, in' fact, questionable. The opinion is revealed for what it really is.padding for the administrative action.. .the buffer against challenge or dispute. Meanwhile, do not the legislative, administrative or judicial branches of Utah government and Salt Lake County government ever concern themselves with the separation of powers as established in the Utah Constitution? Only One Constitution? Members of the John Birch Society! Have you only one Constitution in your library? Do you know of only one authority and level of government in our land? What do you accomplish for Con- -, stitutionalism at the federal level if you ignore a threat to Constitutionalism at the state and local levels? In our personal Crusade for a revital- ized and reformed judiciary in Utah and Salt Lake County, we could, of course, adopt Birch Society techniques and procedures. We could proclaim Phil Hansen We as our states foremost Boogie-Ma- n. could erect billboards demanding his impeachment. We could label him a tool of the Amalgamated Society of Topless Go-Girls. But, as with Earl Warren, such ac-- v cusations would not reflect the truth of Phils role as the voice of supreme - law ' in the State of Utah. It really doesnt require a totally legal mind to determine that Phil Hansen, and Pratt Kesler before him, have been fill- ing a void... substituting for someones failure to perform as constitutionally i -t Go I . t - prescribed. There are local lawyers with me: - who agree . While our law school is turning out ambitious young men and women as in- cubated experts in administration and while our bar associations going about establishing salary scales and retirement systems... ...someone has swiped the gavel and were being attacked with it from ambush. And we can expect that Phil Hansen will continue to be one of the most opinionated creatures in Utah.. .next to Grover Giles, of course... until our local and state governments undertake to rely upon lawyers for legal advice... ...and to Impose upon the courts for decisions. : legislation; have been Marble Facade Of the Justices behind the cold, marble facade on Utahs Capitol Hill, which of them has contemplated the extent to which state agencies prefer to rely upon con- opinfusing, ever changing, ions of the attorney general? Were I one of Utah's Justices, with such open bypassing of my prerogatives, I should begin to question the regard in which my office were held. I should begin making careful scrutiny of my recent product.. .my decisions. And if I failed to find the solution there, I would begin to look diligently elsewhere for an ex- planation. And when I found it, I would inform the public of the sorry state of uff affairs. legal- - vije of hk,action. He Mnot at once 4 ity gest that the statutes be changed to be (Note: This is the last Double Take. Visiting with the people of Salt. Lake Valley and sharing with them myihourtit? both personal and professional, through the newspaper media has been a delightful and rewarding experience. I strayed from Radio almost 19 years B ago and now I'm returning to my first profession as director of an expanded news department at Radio Station KWIC. May I hope that those who have read and enjoyed Double Take will be inclined to listen and Think KWIC at 1550 on the radio dial .. - |