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Show Tir'',v-afe- gf1""111 r Thp Salt LsUp Tribune. I ''i'y'f,',ii Thursday. October 'ny NyayiiN yi'nr y'ip- NgWWP M-,l 15. lQfil Marriott. Top Court Hears Arguments in Judicial Appointment Suit Divrrgcnt iuni'ins wit,1 urgucd Wi'dnrsday as the I'tah Supreme (ourl heard an appeal hy the Legislature' on a district court decision striking down a new statute that would send judicial appointments by the governor back to the Senate for final approval Bruce llurnUustone. assistant in the legislative (ieneral Counsel's Otfiee told tustiees the power to make appointments is granted the governor b the I'tah Constitution, and in fact, had that law not been passed. mwer resides with the legislature to make appointment it sell Shared Power? The autlioritv given the Ctah Senate bv the Legislature to confirm tudieial appointments vvas granted under law and is but one of many options the Cl ah Constitution makes possible. Mr Ibimbserstnne told the pistiees The iwer to apMint and the power to eonltrm are shared powers between the Legislature and the executive branch, he argued, this being at the option of the Legislature where the power of the people" resides Matheson had brought suit on grounds that the legislature already has involved itself in the selection of some members of judicial nominating commissions which operate for each district and for the Supreme Court itself, as needed when a vacancy occurs The legislature is overstepping constitutional bounds of separation of powers by then requiring the resultant legislative approval of appointments Modify Commission Gov Scott M Assistant Attorney General Donald Coleman, arguing for intervenor Attorney General David L. Wilkinson, told justices the new statute should be affirmed as such confirmation power is not barred by the I'tah ('(institution In fact, confirmation of other gubernatorial appointments within the Executive Branch rather than the Judicial has existed and functioned for a number of years, he argued He said 3rd District Judge Dean E. Conder's decision also striking two legislative memlrers from the nominating commissions should bo modified one should decide they way or the other, either the court are appropriate and legal and should strike them entirely, for also are on the commissions as affirm them or judicial members well as legislative it members Arguing for Gov Matheson attorney Brvce E Roe asserted that the real question is not whether appointing nidges is an executive function but whether it is a legislative function Simplistu ally stated." he said, the Legislature is supposed to make laws, the exeeutu e carries them out. and the iiidu ial branch interprets them " Basis of Fitness The appointive power is not a legislative one hut an executive one. as was stated some 10 years ago in Rampton vs Barlow In that ease the governor sued the Legislature over its placing of legislative nominees on executive branch hoards. The governor won. Mr Roe said, and the high court "said the legislature had no business involving itself in Executive branch appointments " Mr Roe pointed out that the Itah Constitution provides for judicial appointments on the basis of fitness for office rather than political considerations We've got to recognize that the legislature is a political body," he said At issue is the future of the process for naming judges when vacancies occur. Sitting judges are all subject to retention elections and in particular the pending appointment ofttah's first woman Supreme Court justice. Gov. Matheson. immediately after winning in 3rd District Court, named 3rd District Judge Christine M Durham to fill a vacancy created bv the death of Chief Justice Richard J. Maughan. The high court has held hack on swearing in Judge Durham, pending outcome of e Matheson suit appeal, and has heen using substitute justires to fill out the court. Whichever way the decision goes, however, there have been no indications that if it prevailed, the Senate would decline to approve Judge Durham for the high court post . Opinion of Public Schools Declines Duane Rev. Evertson and John Reed Call, superintendent of the Granite School District, each spoke on the apparent decline in public opinion of public education and the causes for the rapid growth in enrollment in private church-relate- d schools at the 39th annu- al ministerial luncheon, sponsored by The Salt Lake Tribune and the Salt Lake Ministerial Association. The luncheon was held Wednesday at the Hotel Utah. The Rev. Mr. Evertson ac Mr. Call cused public schools of having become a business enterprise, willing to give children complexes "for the sake of a few bucks." 'Spare the Rod...' Holding up a paddle, the minister told the gathering of ahout 135 area clergy and guests, "This is whats missing," from public educa'ion. He said anyone with any age had been threatened hy the paddle in school as a y ungster. adding the paddle drives rebellion out of youngsters." He said although teachers at Landmark use the paddle to discipline children, there has never been one An assessment of overcrowding in some sections of the district has been accomplished, according to Mr. Call, with construction taking place in the western portion of the district. Superintendent Call said although public and private schools in Utah have not always been harmonious, the two school systems have developed side by side, "hopefully to the satisfaction of the majority of parents and children. Special to The Tribune - n treatment fumes after he inhaled the toxic The leaking tank was discovered about midnight in a trailer containing several of the volatile liquid tanks and was immediately towed away from the dock at the Consolidated Freightways yard. 2325 S. 3200 West Capt Jerry Duke and Id. Ken Dailey, both Salt Lake City Fire Department, donned protective clothing and air mass- - to tighten the plug and cut off the ('scaping gas Those people at Consolidated did a great oh in moving the trailer more than 2oo yards mto an plaee to prevent others from being intured l this highly toxic gas." Capt. Duke s.od Division ("not DurreM McGrath said the minced man was identified as Thomas W. Sharpies by Consolidated Freightways officials who refused to tell West Valley firemen his age, address or to which hospital he was taken Capt. Duke said he understood the man was held in the hospital Wednesday for observation. Chief McGralh said his department was notified about 1 a m. and requested the assistance of the specialists from Salt Lake City at 3 a.m. Knifing Victim Satisfactory A Salt Lake City man w as listed in satisfactory condition Wed nesday night at Holy Cross Hospital after he was stabbed while playing pool at the Four Fifty One Lounge. 451 S West Temple. Tuesday about 10 30 p m Police said Juan Ramos Flores. 740 E. 000 South, was taken to the hospital hy an unidentified person ' preventing, the Saudis from using the' aircraft against Israel.?,:, Negative Signal Rep. Marriott said the vote would send a nega tive signal" to the Saudit? and said rejection of the. sale was due to strength-o- f the Jewish lobby." "Most members Of Congress made their commitments far in ad vance of the vote without considering the issues,'; ; Rep. Marriott said. Congressman Marriott added that some con-- gressmen were genuirle-- , ly concerned the United States might be provide ing military equipment1 to a vulnerable govern, ment that could fall, WitfL the aircraft possibly e$dcf ing up in Soviet hands! o .tU.' Rep. Marriott said' me United States can hot ' "continue to appease tbp Israelies" on its MideaRt. 'l! Chilly Night Doesn t Cool Bands Exhibition The night was chilly hut the music hot Wednesday as 12 Utah high school bands conducted a three-hou- r halftime" show in competition in the Davis Cup Invitational Marching and Show' Band Review at the University of Utah's Rice Stadium. Bundled in parkas and jackets, parents, students, and lovers of John Phillip Sousa braved the frigid evening air, only to find themselves warmed by the stellar performances and routines by the schools' marching musicians and colorful drill teams. Each school had 12 minutes to impress the judges huddled in the warmer press box above the grandstands. High school hands from Lehi, Delta and Morgan vied for honors in the "small school" category, with the Pioneers from Lehi capturing the first place trophy for a third consecutive year under new director Terry Slade. The "large school" class pitted the bands from Bountiful. Brighton. Cottonwood. Davis. Olympus. Roy, Tooele, Viewmont. and Woods Cross against each other. The Davis Cup Invitational was the ninth annual such competition sponsored hy the Davis County School District. Wayne CITY A COUNCIL jol AGENDA LJ Here's the agenda for Thursday's committee meetings of the Salt Lake Citv Council to be held in room 211 of the Building: Land Use Committee, 4:45 p.n , discuss child care centers in residential areas. Committee of the Whole, 5:15 pm, discuss industrial revenue bond for Rocky Mountain Fabrication and Engineering; accept board of can assers' report on primary election. Personnel Committee. 5 45 p.m., discuss policies and priorities relating to the personnel department. Public Works Committee, 5:45 p.m.. discuss: amendment to ordinance relating to solicitation at tho Salt Lake City airports; items relating to policies and priorities in the Public Works Department. Budget and Finance Committee. fi:30 p.m., discuss expenditure of $218,000 from the emergency fund for reconstruction of the 9th Avenue storm drain: industrial revenue bond applications from Pierpont Plaza and Headlund Limited; conflict of interest ordinance Recreation Committee, fi.30 p.m discuss: Pioneer Park plans: poroposal to make City Creek Canvon a park City-Count- y . James, the event's coordinator, said the quality of music and precision was the best he had seen. Each band carried an amusing or entertaining gimmick it used to "outclass" the other. The Brighton Bengal Marching Band, for instance, fielded a percussion section donning black masks for its rendition of "The William Tell Overture," possbily better known as the theme song of "The Lone Ranger." And the Cottonwood Golden Colts were led by a drum major wielding a plumber's plunger instead of a baton. d Partner Arraigned Ex-May- or, policies. " True Allies "I have visited and spoken to the leaders of Saudi Arabia, Rop. Marriott said. And I0m convinced that they arel true allies. ., jV The Utah congressmen-note- d that the "Saudis, have been the main fae-'- 1 tor in keeping the price i)L oil down. The former mayor of Salinas. Calif., and his business partner were arraigned Wednesday in 5th Circuit Court on arson and insurance fraud charges stemming from a July 1980 fire that destroyed an Idaho bean farm warehouse owned by them. Former Mayor James R Woods, 45, and business associate Martin Taylor, 32. appeared before Judge Paul G. Grant on charges of insurance fraud and arson with intent to defraud. Preliminary hearing is scheduled for Dec. 11. They are accused of conspiring to set fire to a Filer. Idaho, warehouse owned by Beans Inc., a subsidiary of Commodity Marketing Corp., California. Mr. Woods is president hd Mr. Taylor vice president According to the charges, the bean farm warehouse had financial difficulties for months before the July 31. 1980. fire leveled the warehouse near Twin Falls, Idaho, and destroyed processing equipment. Tho charges indicate that Mr. Taylor was in Idaho at the time of the hlaze. although he had told business associates he was in Denver, Colo. An expensive piece of bean processing ' pOrtS. They are sending ug 4 million more barrels, of : oil a day than they really want to. Rep. Marriott said, and the Unifed States "simply cannot; afford to lose access io our vital oil supplies. Area Births equipment had heen moved from the warehouse shortly before the fire, officials allege. A fraudulent $800,000 insurance claim was allegedly filed by Commodity Marketing with a Salt Lake City office of a national insurance firm. The two defendants promised to surrender for prosecution after the fraud complaint was filed last May. I. Births reported Wednesday at Sait Lake area hospitals duringc. the 24 hours ended 9 o.m. inclucto: LDS Hospital Mr and M's. William WellL, A w Orem, son. Mr. and Mrs. Christopher RobDrive. bins, 5519 Lewis-Oar. Kearns, son, Mr and Mrs Lvnn Thomas. 4356 S 4625 West. West Valley City r daughter Mr. and Mrs. William DaveV; 9289 S 3825 West, West Jordan,', son. Husband Hears Death Charge A Holladay man was arraigned Wednesday on a charge of second-degrehomicide in the death of his wife Saturday. A preliminary hearing was scheduled for Oct. 29. Rodney Steven Brannon, 27, 4557 S Russell St. (2500 East), appeared before 5lh Circuit Judge Paul G. Grant on charges he shot and killed his wife Carol, 22. at their home. Mr. Brannon is charged with firing a pistol and shooting his wife from close range. She died instantly. e feet Heavy snow amounts oossible in higher mountains Conditions slowly improving from the northwest Friday. Lows to near 10 Thursday night Highs in the 6,000 Mr. and Mrs. Kirtus Langston, California Ave., daughter. a Mr and Mrs. Bruce Lubeck, My7 Solitude Drive, son. , Mr, and Mrs. Kerry Jensen. East, son, Mr. and Mrs. James Tidwell, 9127 Hummingbird Lane, Sandy,, daughter, Mr, and Mrs. Tom Zarogoza. 7800 S 200 West. son. Mr and Mrs, Mark Beck, 717 University Village, son. I.' Mr. and Mrs. Carry Kilgore, 1955 E 3080 South, daughter, , Mr and Mrs. Albert Atkins, 971 N 900 West, son, Mr and Mrs. Rick Snow, Caail Otle. Emery County, son. 1541 Holy Cross Hospital! Mr and Mrs Avina Ricardo, W1100 West, son, Mr and Mrs Kelly Brown, 3942 S. Meadow Green Drive., West Valley City. son. Mr. and Mrs Spencer D. S 1493 Nevada -- Partly cloudy and cool Widely scattered showers mainly during tne afternoons Snow level 5,500 to 6 500 feet Higns Thursday mid 40s to mid 50s except 60s o treme south Highs Friday mostly 50s except 60s extreme south Over mght lows upper teens and 70s north to the 40s extreme south Southeast Idaho Patchy night and morning valley fog otherwise partly cloudy through Friday with a few areas of ram or snow through Thursday A little warmer days Highs 45 to 55 Thursday and 48 to 58 Friday Overnight lows 20s and low 30s Farnsworth, 6035 fAmticnl o ?8 r,, Pr.ro prk ? n HYiJ A n Rnosnvelt Sait Ctv Ldkfp jd't Lake S are expected in region. Highs in 10s, 50s. l,ows in 20s. 30s. Dnjvntp George T'xoP'P Un.v of 00 inio'nia or s iso available, via telephone recording on Tnp hearth aovsory COOe 0r he Indices 4r6 lf'r 6 o '0, ,pry pond 0 red liTto?(n marginal, 200 0 TOO poor and rtf in it. 0 fC V Utah V Vernal 14 Id ho Hr'h Rn.sr Rijr'py F 4 adfjdrv legend rod Very gOTV? I'H'p change through Tb,.r,rM, AutfiiiAi 50 to Sait Lake C ity, Ogden and Provo fVr.at or At showers and continued o' i fhursdav but with periods of oartia marina Deceasing chance of shower Fndav. Areas ot freezing tpmppr.vures Thursday night, Lows s Thursday night Highs mid-i;itow Probability Of upper 50s "measurable perripitaion 60 percent through rhurvjav night Utah - Widely scattered showers and continued co'd Otherwise periods of partial clearing through f ndav Sno level between 5.000 and Sierra daughter St. 8530 ljOf) Edh Grande Drive,, ii Marks Hospital Mr and Mr. William H Jake- man. 96 Casa Neqra Ae Mid vair. dauahter Mr and Mrs Steve William, 11519 S Dry Creek Road, Sandy, son Mr and Mrs Allen Romero. 1220 North, son and Mrs. Grant K. Monfag, 1824 E Norma Circle, son. Mr and Mrs Richard C Spiu, 74? N Woodside Drive, son, Mr and Mrs, Christopher W. Martinet, 317 S 400 West, Sandy, daughter W 1000 Mr University Hospital Utah 40 , and Mrs Chris E, Jensen, 65 Russett Ave son. . Mr and Mrs. Charles daughter Mr and Mrs. Hal R Frandseo, r 7700 E Somerset Drive daughter. Mr and Mrs Randy B. James, 7776 Nora Drve. daughter Mr and Mrs Robert Michalyf, Etndl Outlook Saturday through Monday - Decreasing showers from the northwest Saturday. Becoming partly cloudy Sunday and Monday exrent tor widely scattered showers continuing over the southeast portion of the state. Continued roid night, Highs in 50s and lower 60s warming to the 60s uv Monday Lows 75 to IS Southern Idaho - Dry Highs 50s to mm 60s Lows mostly KH isolated showers Wyoming south Saturday Otherwise fair with a warming trend through Mondav Lows in the 30s with teens to mid 70s mountains Highs 50s to mid-artwith 40s m the mountains W 6675 South, son. Mr W 50s Moan 'C?5 Saying that the United States needs oil front; Saudi Arabia, Rep. Mar1 riott warned that 'th; Saudis "could make rtj tougher" on the Uniteda States hy cutting On Arson and Fraud Counts Chilly October Toasts an Early Jack Frost Occasional showers with contin- ued cold and partial clearing on safeguards Firemen in West Valley Plug Toxic Fume Leak A damaged WEST VALLEY CITY tank containing plug in a h1 drogen chloride kept West Valley City and Salt Lake City firemen busy for nearly 12 hours Wednesday morning and sent one man to the hospital for con- gressmen James V. Hansen and Dan Marriott, who sided with President Reagan on his proposal to sell sophisticated. AWAC aircraft to Saudi Arabia, criticized the House's lopsided 301-t111 vote against the sale , Wednesday. Vi Rep Hansen called the House vote a "mistake and attributed passage Of; resolution to, the anti-sal- e a "tremendous lobbying f)T effort" by ganizations and to thie fact that many congresS-.men represent districts with sizeable Jewish constituencies. Rep. Hansen said'.-supported the sale bo cause of certain Reagan administrati bruise on a child in his school, but if it had happened Id be proud." Pastor Evertson told the gathering children used to be taught by ministers, hut the government took over the education system after ministers got lazy and gave up responsibility to train the children. He said the Landmark Academy has been accredited by God, the parents of children in the school and by the faculty and staff of the school." any one of which is more powerful than the state," he said. Down the Street He urged money for education be put in youngsters who want to learn and to "tell the others to go down the street." And said as a Ronald Reagan conservative he could see no budget deficit if money were used to educate youngsters, not to build swimming pools. Superintendent Call, admitting public schools need improvement, however, said, The record will show Utah public schools to he among the top in the nation on virtually every measure utilized and I would contend Granite stands in a lead position in Utah." The superintendent outlined four areas the Granite School District is working to on improve education. He said guidelines for teachers have been reviewed and revised with teachers and parents knowing the content of what will be taught. Mr. Call also said the Granite Board of Education adopted a formal written statement on "standards for satisfacand have tory teacher performance. brought about an assessment of class offerings and graduation requirements. Bureau WASHINGTON I'tah's Republican 1 Comment on Schools Evertson. pastor of Landmark Baptist c nuren and founder of Landmark Christian Academy. The Rev. Mr. Tribune Washington pro-Israe- li Pastor, Superintendent Public schools have become government schools, it s the private schools that are public now. according to the Hansen Criticize. Vote Mr and Mrs Gary Jensen, 83 West, daughter. and Mrs Taylor, S 8536 West. Magna, twin son and daughter. Mr and Mrs Mirhael Cati, Ikt'l ' S 1800 East, daughter. Mr and Mrs Jerrgld Wiled. ' Kemmerer, Wyp , daughter 5 2700 Mr M I.akeview Hospital Mr N and Mrs James Barton. M? Catherine, daughter |
