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Show -P The Salt Lake Tribune, Thursday, August 5, 1982 Judge Kules U.S. Defrauded Court in 1956 Continued From Page B-- l the processes of the court were manipulated to the improper and unacceptable advantage of the defendant at the trial Justice Department Mum A Justice Department spokesman in Washington said there would be no comment about Judge Christensens ruling. Still, the ruling is widely viewed, certainly by lawyers for the sheepmen and others suing the government, as having the effect of applying intense pressure on the government which has stridently rebuked claims that expose radiation caused cancer ure to and other illnesses in downwind populations. In 1962, the United States moved its nuclear testing program underground for safety reasons. Dan S. Bushnell, the Salt Lake City lawyer who represented sheepmen at the 1956 trial and continues to represent them, said Wednesday he would be receptive to a settlement offer from the government so that the case need not be tried again. Were willing to get into a fight and dont mind losing if it is a fair fight, Mr. Bushnell told reporters, but we lost the last time because it w'as an unfair fight. It was so reprehensible. The burden of proof will again fall low-dos- Dan S. Bushnell Sheepmens Lawyer Must Prove Negligence President Benson Notes Birthday 83 S '' President Ezra Taft Benson of the Council of the Twelve Apostles of the Church of Jesus Christ of Latter-da- y Saints treated his 83rd birthday Wednesday as a working day in the LDS Church Administration Building, Mormon officials said. He was honored by fellow general authorities of the church and employees in the administration building. Then he attended an evening family gathering at the home of his son, Reed, in Provo. Born Aug. 4, 1899 in Whitney, Idaho, President Benson was U.S. secretary of agriculture from 1953 to 1961. He was ordained to the Mormon Council of the Twelve in October 1943. He became president of the council Dec. 30, 1973. upon Mr Bushnell to prove the United States was negligent in not protecting sheep owners and that the radiation wasthe cause of the sheep deaths, but the information they concealed significso our task will be antly proves that substantially easier, he said This is not just another case, he added. Its a gross unfairness of the government to have used all its power, money and position, and was guilty as now determined by one of the most respected trial judges in the nation, of lying to the court and covering up evidence and pressuring witnesses. The case was originally filed in 1955 by the David Bulloch family of Cedar City, and it became the lead, test case for six other lawsuits alleging ranchers had suffered losses as a result of the exposure. Costs they incurred in suing the government were enormous, said Mr. Bulloch, and forced several ranchers out of business. Some Dues to Pay I must have been out of my head when, as a young attorney just out of law school, I tried that case against the government, Mr. Bushnell joked Wednesday, acknowledging his obstacles were considerable. His smile quickly vanished when he said the government went to what he said were extraordinary and costly lengths to protect itself. ... In the case being reopened, the limit to damages that may be awarded is fixed at $226,000, under terms of the Federal Tort Claims Act, but m the second lawsuit Mr. Bushnell is seeking those damages and $100 million in punitive and other damages They will have some dues to pay. It is time the federal government is taught it cannot be above the law," Mr. Bushnell asserted. Asked what impact he thought the decision will have on cases filed by civilian claimants, Mr. Bushnell said he was uncertain. I cant read the government, he said, as the government is a different animal than what I normally deal with in litigation matters. Mr. Udall, the lawyer for the civilian claimants in the multi plaintiff case also in U.S. District Court for Utah, was unreserved: Two congressional committees and now a widely respected federal judge have unmasked and condemned the cover-u- p activities wmch permeated the nuclear tests. In my opinion, all of the fallout casos should have been quietly settled out of court. The Big Question lawyer close to that case, asking not to be identified, remarked, The big question now is whether the Depart A N-Fall- Case out ment of Justice has a sense of justice In his reference to Congress, Mr. Udall referred to committees which had heard testimony elicited by Sen who is the Orrin G Hatch, chief sponsor of proposed legislation which would make compensation possible for people who could prove, by at least slim evidence that there is a relationship between cancer and other illnesses and fallout exposure. In 1956, Judge Christensen found that the evidence had failed to support the claim of the Utah ranchers. He was persuaded by the overwhelming testimony of government witnesses at that trial and the renunciation of two scientists of their original findings that fallout contributed to the death of the sheep. During the hearing last May, the ranchers claimed the government misled the court in 1956 by concealing that two veterinarians who studied the sheep deaths had concluded radiation contributed to the deaths. cause-and-effe- Pristine View Judge Christensen allowed, by modern insights, that he had taken a somewhat pristine view at the original trial of the general integrity of government officials in the absence of evidence impugning it in specific in- - County Faces $300,000 Bill for Psychiatric Exams? Continued From Page Beffective delaying tactic for the defense. But he didnt use the term abuse. Were in an overcrowded condition now, the sheriff continues. Whats it going to do to our overcrowded conditions if we allow the maximum-securit- y area to become a mustering point for mental evaluations? Dr. Dangerfield believes his staff could spot those trying to abuse the concept behind competency evaluations. They could be disposed of in two hours, he predicts. Mr. Hayward stresses his concern for the trauma someone in need of mental treatment will experience being thrown into a cell. Hes also vep' concerned about the countys liability when the mentally 01 become inmates. Expanding the jaUs mental health -l staff should ease that concern, Dr. Dangerfield predicts. How would the staff do its job? questions Capt. Jensen, the jail commander. Theres no place to do counseling . . . interviewing . . have staff offices. How about using those holding cells in . the basement of the new Circuit Courts Building west of the jail? Dr. Daneer-fiel- d asked. No, Capt. Hensen stated. Theyre too far from other jail services. That would mean beefing up the jail transportation corps. And security in the holding cells used only for part-tim- e prisoners is weak. What about vacant space at the county complex along 2100 South between State Street and 200 East, Commission Chairman Mike Stewart asked. Dr. Dangerfield said his office runs one for two inpatient units there chronic drunks, another for the mentally ill. Both are full. New Immigration Laws Could Foster Abuse Continued From Page B-- I and were hired as cheap labor. In other words, they were exploited, the two attorneys maintain. Ms. Wong said the irony of the governments proposal, and the ensuing panic, is that there are fewer foreign born residents in this country than 90 years ago. In 1890, she said, the countrys population contained 14.7 percent foreign born. In 1980, it was 6.7 percent. The two attorneys gained prominence earlier this year when they won a U.S. Supreme Court decision against Texas educational interests, who had attempted to deny schooling to children of illegal Mexican aliens The court ruled that the state failed to support its contention that the parents were not contributing to the tax system which supports schools, and thus, could not deny the children access to public education. He wrote that he supposed stances that he would continue to do so, despite the buffetings of Watergate He added Nonetheless, I have concluded that by whatever standard or of whatever period the circumstances found here are to be judged, they clearly and convincingly demonstrate a species of fraud upon the court for which a remedy must be granted even at this late date U S Attorney for Utah Brent Ward released a brief statement saying only that the government was disappointed with the ruling Despite official Justice Department silence, the Department of Energy has steadily maintained radioactive exposure could not possibly have damaged the animals Federal agencies make the same assertion in denying fallout could have damaged soldiers assigned to Nevada their mettle Test Site detonations was tested on an imaginary nuclear and likewise downwind battlefield civilians. Report to Energy Department Only last May, a few days before Judge Christensen began to hear arguments in the lanehers effort to have the case reopened, a report made public, prepared for the Energy Department, concluded that fallout that collected on vegetation in the Nevada desert was insufficient to have resulted in the deaths of the sheep. A presentation of the report at DOE offices in Las Vegas was accompanied with color slides taken in the spring of 1953 in what appeared to be the parched Penoyer Valley of Nevada, where the sheep had grazed. The report, from the Lawrence Livermore National Laboratory of the University of California, took aim at the contentions of Harold A. Knapp, a former AEC scientist who has argued the sheep died a gastrointestinal death, victimized by eating sparse greenery upon which fallout had collected. Thats phony, absolutely phony, Mr Bushnell said Wednesday of the DOE report. It was radiation from the shots Nancy and "Harry," on March 24 and May 19, 1953, respectively, that allegedly damaged the sheep. The animals died soon after arriving at Cedar City for lambing and shearing Losses were up to 30 percent for lambs and 20 percent for ewes and mature sheep City Vet Policy Following Law? ' Continued From Page l disabled Vietnam veterans. Specifically, the federal edict is connected to federal work contracts of $10,000 or more issued to any employer, public or private. Mr. Madsen said the law, initiated by President Nixon as an executive order in 1972, binds the receiving contractor to hire and promote" applicants who are Vietnam War-er- a vets. Mr. Church claims the edict covers a disabled veteran of any era. Federal law also requires those contractors to identify veteran applicants at the start of the hiring process, he said. Although Salt Lake City provides an equal opportunity form that asks veteran status for statistical reporting purposes, the form is detached before entering the review procedure, said Mr. Church Utah's statute refers to honorably discharged veterans who served when the country was and any unremarried, engaged in war." They are entitled to employment surviving spouse preference in any public work engaged by public entities in the state. If theres any problem with our compliance, well work to correct it forthright, said Mayor But a third of the citys work force are Wilson. veterans, so in terms of veteran affirmative action, weve done very well. The mayor said he w'ould consider a preference vets, so long as points system for hiring Vietnam-er- a efforts are balanced with the recruiting of women and racial minorities Ironically, Salt Lake City for years had a veterans preference program for police and fire- men The citys civil service commission, however, abolished the policy in 1977 after concluding that hiring women and minorities should be emphasized. At that time, half qf Salt Lake City's police and firefighting corps were veterans, said Alan Bridge, the citys personnel officer. Although the city continues to encourage vete-- ! rans employment, it is concentrating more on hiring minorities and women through recruiting and affirmative action plans, Mr Bridge said. He sees any preference policy as one step away from a quota system, which perhaps could raise a question of reverse discrimination. The city, however, intends to conduct another survey in December on the veteran composition of its labor force, like the one commissioned by former personnel director James F. Rand nearly two years ago Mr Bridge noted that the city has eliminated more than 100 jobs since through reorganization, attrition and layoffs From a legal standpoint, the federal statutes appear to be very limited in scope, said Walter P. Miller, chief deputy Salt Lake City attorney, who is preparing the opinion There appears to be a very narrow legal obligation for hiring veterans. But we intend to conform with all obligations" Though unaware of any veteran applicant who has claimed a privilege of preference, the city will explore the extent of its duty to comply, despite its excellent record for hiring vets, "said Mr. Miller. We dont have a preference) program, but thats what we re looking into If a person came to us claiming special rights for employment, would we need one? B-- ; . , . , . ; . 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