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Show (jo Parialt, Ordar &3,irtm,nt UnivorHity of Utah Salt Lake City, Utah 80112 VOLUME 15,. NUMBER 137 - SALT LAKE CITY, UTAH MONDAY, JULY 19, 1971 Private Police Supreme -Court- Decision Subject of Capsule Mining Claims Would Aid Disobled Vets Home Financing Bill Law Review Study ADVANCED MONIES AND INTEREST SOUGHT WASHINGTON (UPI) Disabled Nave a hard time finding veterans extensive police insurance to back up their mortpowers, as dramatized in fiction, on homes, Sen. Lloyd M. movies, and television, but their real gages has declared in Bentsen, life activities and limitations have a federal to help urging program largely been ignored by legal them. commentators. Bentsen asked the Senate veterans The rapid growth of the private committee to approve his bill affairs police industry and its move into set io up a federal program of mort- areas normally associated with public law enforcement raise important questions about the conduct and control of private police. Writing in the Spring 1971 issue of CHICAGO (ACCN) seem to enjoy LE GRAND JOHNSON CORP. and Individually, Plaintiffs Private D-Te- x., JAMES C. PETERSON, RAINBOW NATURAL STONE DISTRIBUTORS, INC. AND RAINBOW STONE COMPANY, Defendants & Appellants Trial Court: Awarded monies advanced to plaintiffs. Quited title of 31 interest in mining claim. Supreme Court: Affirmed. Plaintiff Counsel: Defendant Counsel: George W. Preston, 31 Federal Ave., Logan 84321 Allan E. Mecham McKay & Burton Wilford M. Burton, T. Bowring Woodbury II 500 Kennecott Bulding Justice R. L. Tuckett wrote the decision. See details page 5, California Probate Bill Sidetracked FERRO APPOINTED U.S. MAGISTRAL A.M. Ferro, 414 Bank and U.S. a Bldg, Walker Commissioner has appointed U.S. magistrate for the central d i v i s io n, U.S. District Court for Utah. As a magistrate, Mr. Ferro will be responsible for trying federal misdemeanor cases, review applications for post-trirelief and act as a special master in civil actions. In addition his new duties remain the same as a U.S. commissioner in handling arraignments, setting bail and conducting preliminary hearings for criminal defendants. Mr. Ferro is an active member of the Salt Lake City Lions Club and makes his home with his wife Lenora at 1166 South 5th East. been al Judges' Academy Prepares for Summer Session Judicial SAN FRANCISCO (ACCN) American Academy of The Education will commence its second annual two week educational program for judges of courts for first jurisdiction on Sunday, August 8th, 1971, at the of Alabama at University Tuscaloosa, Alabama. The Academy was organized last year by the North American Judges Association, organization the national of courts of first in the United States, jurisdiction Puerto Rico, Guam and the Virgin Islands, in cooperation with the American Judicature society. In 1970, also, the Academy con- ducted its first educational program for judges from 45 judges. Eighty-fiv- e states participated in that program. j ! This year, over 100 judges from 50 stales are scheduled to participate, Among the many subjects which will be included in the upcoming program are The Judicial Function and Your Role in It," Publics Image of Justice and Judicial Ethics, "Contempt and Disruptive Tactics in the Courtroom," "Judicial to Civil Response United "The States Disobedience, Supreme Court, Pleas of Guilty, and Volunteers in Your Procedure, "Common Offenses Probation, Alcohol, Drugs, Miscellaneous, Traffic Court Matters. SACRAMENTO (ACCN) -major Op- ponents of a bill embodying revisions and simplification of the present California Probate Code have succeeded in bottling the measure up for the remainder of this years lawmaking session, ob- servers here have indicated. The bill, AB 2761, by Assem- blyman William Bagley, Rafael, was taken under submission by the Assembly Judiciary Committee and will in all likelihood become the subject of a detailed R-S- an interim study. The legislation was aimed at eliminating the need for formal probate proceedings in small estates and was introduced at the urging of the State Bar. Slated for discussion before the Assembly Judiciary Committee, the Bagley measure was never formally heard. Rather the bill was taken under submission by the committee at the request of the author. A spokesman for the committee said yesterday that Bagley was' making a formal appeal to have the committee study the subject matter of the bill during the legislative interim. The action has the effect of halting the bill for this session. Among other things, the measure called for the administration of estates without probate proceedings where the gross estates does not exceed $10,000 in personal property or $30,000 in personal and real property. Beyond this, the legislation would have reduced attorney fees in probate by about 50 percent. Lindsay Wants City Paid for UN Fete Guard WASHINGTON - New (UPI) York City Mayor John Lindsay has urged Congress to reimburse his city for police protection and security costs during the United Nations 25th anniversary celebration last fall. Lindsay, in a statement before the House judiciary subcommittee, said the city incurred police costs of $1.1 million and committed another $1.4 million worth of police manpower which has been diverted from other assignments. Mixed Data in The University of Chicago Law Review, Michael A. Braun and David J. Lee, both law students at the University, examine the subject. In an article entitled, "Private Police Forces: Legal Powers and Braun and Lee exLimitations, the of private police extent plore to powers arrest, search, and in- errogate. They also discuss the adequacy of existing and potential controls on the exercise of these powers. Braun and Lees definition of the term private police includes such groups as armored car agencies, private detective agencies, special patrol agencies, retail security in- guards, plant protection units, dustrial security units, and campus guards. The authors find that certain of the ABA'S Law Day Post-Morte- m an American Bar Association questionnaire reported in the ABAs Coordinator newsletter for June indicates. While staling that Law Day support continued to climb on the whole in 1971, The Coordinator summary said there was a marked decline in public attendance of events and press interest. Television and network coverage actually increased. A greater need for lay participation in Law Day programs was uncovered. Law Day chairmen reported that businessmen, civic and service groups, womens clubs, veterans' organizations and church leaders should be encouraged to take more active roles both in planning and presentation. The questionnaire was sent to 982 state and local bar associations. About 13 per cent of their Law Day chairmen responded, a fact which somewhat qualifies the conclusiveness of the data. Of the responding chairmen, 85 "The incidence of arrest is per cent said they believed their probably highest in the retail Law Day efforts were worthwhile security context where time does not and six per cent did not. As to permit the security guard to sumwhether to continue Law Day for mon public police. another year, 83 per cent of the They conclude: responses said Yes, three per cent of citizens The limited powers enjoyed by private police enable them to perform functions analagous to public police activity. Although the powers granted to private police vary from state to state, the majority of private police seem to possess no powers beyond those of the ordinary citizen, they say. The authors write, In the area of arrest these powers are clearly defined, and for the most part require little modification. powers arrest seem sufficient to permit private police to fulfill their protective function. Moreover, "In view of the moderation generally exercised by private police in arrest situations, existing civil and criminal sanctions seem adequate to deter abuse of the arrest power. The success of law suits against private police hopefully acts as a powerful deterrent also. The power to search would obviously be extremely useful for private police in several situations, but it appears that there is little legal authority for most forms of private search. "General civil and criminal sanctions for trespass are available in cases of illegal property search and civil sanctions for invasion of privacy exist to control illegal surveillance,' Braun and Lee note. "Yet private police practices 'make it quite clear that these penalties are often inadequate to deal with the problem," they say. A civil exclusionary rule would be a far more effective deterrent. Such a rule would render any illegally obtained evidence inadmissible in civil courts. Finding the search and interrogation powers of private police ambiguous, the authors suggest legislative clarification in both areas. They conclude that although parallels exist between private and public police, their motivations and No. Eighty-nin- e per cent believed there was a growth in public interest while 18 per cent felt there was not, and 69 per cent reported an increase in citizen participation with 25 per cent reporting no increase. The breadth and scope of local reporting of Law Day events by the nations press, dropped considerably. The number of column inches devoted to general news accounts about Law Day fell 79 percent compared to 1970, while editorial comment was 36 percent less. best be determined by the and clipping services, some survey 14.000 inches of print space, totalling 87 full ages, were given to Law Day programs. This does not include the many newspaper supplements and As can special sections devoted to Law Day. Editorial space totalled slightly over inches or the equivalent eight full pages. 1.000 of Network radio and television coverage topped previous years. Fragmentary returns from a survey of the four major networks NBC, ABC and CBS, Westinghouse showed that the special 10 and 60 second taped and filmed messages were aired dozens of times during April, with the total audience surpassing 100,000,000 persons. director for the Veterans Ad- ministration, told the committee the bill CHICAGO (ACCN) This years Law Day observance made gains on some fronts but lost ground on others, gage protection life insurance for seriouly disabled veterans. The bill would enable the Veterans' Administrator to buy policies from commercial insurers for the insurance, up to $30,000. Veterans would pay premiums up to those for conventional homes, and the federal government would pick up the premiums tab for the higher cost for homes with special construction for a disabled occupant. Olney B. Owen, chief benefits discriminates against certain disabled veterans. He contended most veterans families do not want to stay in the specially modified homes after the veteran dies. Moreover, the homes are usually easy to sell without a loss, he contended. Bentsen said he understood the that veterans' families opposite could continue to live quite comfortably in the modified homes which he said are conventional but for wider halls and ramps and the like to accommodate wheelchairs. ATTORNEY GENERAL OPINIONS Governor authorized to quarantine on livestock entering state., See Asst. Atty. General Mark A.' Madsens letter to Governor Calvin L. Rampton page' 9 . Ohio Suing Penn Central Over Safety COLUMBUS, OHIO (UPI) - Ohio officials July 13 filed a $14.1 million damage suit against the Penn Central Railroad and sought a court order to force the road to correct unsafe conditions on its property in the state. State Attorney General William J. Brown said in the past 18 months the Public Utilities Commission of Ohio (PUCO) had received 12 separate complaints against the bankrupt railroad regarding unsafe con- ditions. Brown said public hearings were held in each case and when PUCO substantiated the complaints Penn Central was ordered to correct the unsafe conditions immediately. Penn Central has not complied in any respect with the orders of the Public Utilities Commission of Brown said. Ohio, Therefore, the upon request of PUCO, I have initiated a suit against the railroad seeking enforcement of the Commissions orders and demanding damages. Acting Law Dean Named at Detroit William T. DETROIT (ACCN) associate professor of law at the University of Detroit, has been appointed Acting Dean of U. of D.s School of Law, announced Father Malcolm Carron, S.J., University President. Mr. Downs, a member of U. of D.'s School of Law for the past year, came to the University from the Downs, incentives differ, and blanket apInter-Fait- h Center for Racial plication of public police sanctions to where he was Justice private police appears unwarranted. executive(IFCRJ) director. . |