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Show THE FOUR PAGE DAILY 1st Zion's 384 etux Tracy Coll Ins 026 to 'Dale Bk R Deseret 390 . Deseret Fed Sav to Howard 032 Deseret Fed Saw to J Harry 046 The Cont Be 050 The Prud Lis 100 Ben etux 101 life Ins to life In to Ben etux tail 104 Ope Gr Ch E 426 St Treasurer to Island etux etux 482 Cent Bk to F Ronneburg 483 Clair Ronneburg to Kenneth ft Ins to Grant Farmers St 153 Sec 156 Ditto 251 IAncoln Mat Bk Bk to George to Wm Loan to Western Sav Ohran Inc Capitol Th cent etux 305 312 & 58 Am 569 Zions Jones J Romangene In to Edward In to Ralph P R G WE CONCUR: Buokway J. Allan Crockett, Chief Justice etux Smart C E. R. Callister, Jr., Justice etux Smith F. Henri Henriod, Justice to John to Ronald ft Hamblin A 3elden Jr Parry Goodfellov A. H. Ellett, Justice Edward Earl PasB, Piaintitf a.ud Appellant, Bk to Mildred B Manhattan Sav VJomaek etux to Bk Defendant and Respondent. S W Cap etux to Dnlwin T ELLETT, Justice: 651 court T Ditto Deseret Fed Sav to 1st etux to Fed Sav George Edward F W Duck Torres In The Supreme Court Of The State Of Utah Lake Short: Motor Coach Lines, Inc., Greyhound Lines, Inc.., Continental T railways Bua System, No. 11945 Inc., American Bus Lines, Inc., Denver-Sa- lt Stages, Inc., and Armored Motor Service, Plaintiffs, FILED Lake-Pacif- ic Mr. Pass, the plaintiff herein, is appealing from a denial by the trial of his petition for a writ of habeas corpus. One night about midnight plaintiff killed his fellow traveler in their motel room, and after taking the personal property of the victim drove into the street in a car which had only one headlight. The night marshal of the town traveling in the opposite direction noticed the headlight fault, rolled down the window of his police car, and yelled to Mr. Pass. that he had only one headlight. Pass immediately accelerated his automobile and sped away. This caused the officer to give chase. After traveling a distance of more than a mile, the car of plaintiff went out of control and left the highway. He wss arrested, given the Miranda warning, and taken to the police station. No questions were asked prior to the time he reached the station, and then he was asked what he had done and why he was running. He replied that he had done nothing, but in a few moments he voluntarily added that he had shot a man and a doctor should be called. He led the officer to the motel and pointed out where the victim lay on the floor between two beds. October 28, 1970 An V. Public Service Commission of Utah, et al. , and Wycoff Company, L. M. Cummings, Clerk Legg Kuns etux to Jemes worth etux etux FILED John W. Turner, Warden, Utah State Prison, James L Tr to Charles Bk & Consolidated Pond No. 1129 v. Carter etux 63O to L. M. Cummings, Clerk Incorporated, Defendants. TUCKETT, Justice: This is an original proceeding to review an order of the Public Service Commission. A Certificate of Convenience and Necessity issued by the Commission on January 21, 1958, granted to Wycoff authority to transport general r emmodities of 100 pounds or less in weight in express service between all points and places in Utah, except between Salt Lake City and Ogden, Park City, Bingham Canyon, Tooele and Wendover, and intermediate points, but subject to the limitation that Wycoff r.ot transport in excess of 500 pounds on a weight basis of express items in any one schedule. The schedules above referred to were to coincide with the movement of certain daily newspapers published in Salt Lake City, and the United States mail. Wycoff filed a new application seeking to expand ita express authority so as to remove the per schedule restriction; to eliminate the requirement that express schedules coincide with the movement of newspapers and the United States mail; and to remove the territorial restrictions named iti il:r prior authority. The effect of the proposed new authority would provide a single carrier authority between all points and places within the State and eliminate any interline of the commodities and shipments at Salt Lake City. Airer lengthy hearings were had and numerous witnesses were called or. behalf of the applicant and the pretestants, the Commission made findings to the efieii that there was a need for a single carrier express authority to reach the communities and serve the farmers, mines, automotive users, indus500-pou- nd tries, stores and businesses, regardless of origin or destination. The Commission tuTthex found that the limitation of express shipments to 500 pounds per schedule resulted in delays inasmuch as shipments tendered in excess of that limit w- re of necessity delayed to later schedules. The delays occasioned by the weight limitation resulted in inconveniences and hardships to shippers and The found Commission also that the consignees. restriction of 100 pounds per a was and reasonable was limitation a reasonable demarcation be shipment freight and express shipments. The Commission was also of the opinion that the general commodity trur k l:r.es satisfied shippers' demands on heavier shipments of freight. Th Commission was also of the opinion that passenger bus lines were so restric in i.in phases of their operations that a deficiency in express service resul whirh ia.n-- tr. tnert the present and developing business requirements in the art as sr rv.d by them. The lack of pickup and delivery servic e, which Wyco pit p ,ses t., suppl, is disadvantage to many slippers and receivers. The Cnminiitoior. concluded that the existing express service is inadequate to inee li e requ. r. inerts r.f the public, and that shippers in Utah sh- uld be given an pptirt i.r.i', v tc utilize a more efficient typ of service of express shipments wKm. How. veT, the Commission deni delivery is adv.Msgeu-isthe iequ..s"id authority between Salt Lake City and Park City, Tooele, Grant - autopsy indicated that the victim was in bed when shot. Mr. Pass was charged with murder in the first degree, a capital offense. He was represented by two lawyers appointed by the court. They thoroughly explained the law to him and what the evidence was against him. They later explained to him that the district attorney was willing to reduce the charge to murder in the second degree, a none api tad, oifense, provided that Pass would enter a plea of guilty to that charge. They made no recommendations to him in the matter and left it entirely with him as to what he would do. With full knowledge of the consequences, he elected to take the proffered plea and thus eliminate the possibility of being executed. After he was sentenced to prison for the offense to which l.e had pleaded guilty, he filed a petition for a writ of habeas corpus, alleging as a basis therecanned petition which guilty, convicted persons have used, in for a worn-ou- t, would the hope that it get them into the federal system of courts, where they seem to think form supersedes substance and the chance of escaping punishment is enhanced. are: The allegations constantly harped upon and wkii h this petitioner repeated (1) inadequacy of counsel; (2) denial of due process ct law as requiff d by the Fourth, Fifth, and Sixth Amendments to the Federal Constitution as made applicable to state courts through the Fourteenth Amendment; (3) questioning by Miranda warning; police officers without the benefit of counsel or the and (4) coerced into pleading guilty to a i.'irm. '.! wtiuh hr was innocent. so-ra'J- od the hearing on Ms petition tor a writ of bib-a- s c orpus he wa- - reprean excellent lawyer torn the Legal Defend, Am .iciatior. The trial sented listened to the evidence and found that all clauns made by the petitioner judge were without any basis in iart or law, and denied the writ. At by The findings of the trial judge- - ate amply suppo; and there is no reason why they should be disturbed. therefore, affirmed. 1 m WE CONCUR: -t- we-f-n J. Allan Crockett, Chief Justice d - c E. R. Callister, Jr., Justice R. L. Tuckett, Justice . 'ill. nd Wendover. An the October 27, 1970 Seymour Metropolitan Life to Nat Fed Sav 1., Black etux to Luther Bk 1st Eat 597 603 ft H A 604 Deseret R In to Charles Peters & Valley etux H Vin- etux Sav etux 585 Reeearach Homes Lie to Robert S L Marshall Jr etux 362 mission modifying the authoiity of Wycoff in removing restrictions as total weight of shipments, territorial restrictions except as noted and the restrictions on scheduling is in the public interest and should be affirmed. etux 583 etux Evans 304 & to Wh H Fed Nat Ktgs Ins to Gary life M Revis Kirkham Prud Fed Sav DeBirk etux R 'o, ice U.C.A. 1953; Prichard Transfer, Inc. v. W, S. Hatch Motors Service v. Public Serv- A Christensen 292 1st Sec St to Bk etux Campbell Vaughan etux & 525 549 Tr to Carl Title, Sav Metro Bfe 545 142 Am 513 Rich- A 4, Hopkins etux to Merlon 1st Seo 54-6-- Gates etux M etux etux Schenectady Sav Powell etux 266 R 507 Rack-l- ey etux mond 132 V In to Floyd St Sav & 1. .Section No costa awarded. 411 Roy Scow ft V Carolyn to support the Commission's findings and it would thus appear that the action of the Commission was not arbitrary or capricious, 1 The order of the Com- 21 Utah 2d 106, 441P. 2d 135, Armored Com., 23 Utah 2d 418, 464 P.2.1 582. etux to David Wadhans H Cates Mutual Bfe 123 to Niels or Man- Tr to George Rkox & Lee ft Vholstenholma etux burgh etux to Fed Sav Hansen Jess 399 (3 gos to Bk G Am- etux undson Nat Ark-ins- on etux ' , Release of Mortgage 2351 MONDAY, NOVEMBER 2, 1970 RECORD examination of the record F. Henri Henriod, Justice reveal-- , that there is sufficient evidence ) by the evidence given, The ruling made is, |