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Show WESTERN AMERICANA Serial,. Order ft,Wrt- -, t Univeralty of Utah Fait Lake City, Utah ' 84112 a V - A v . -- y' VOLUME 15, NUMBER 140 SALT LAKE THURSDAY, JULY 22, CITY, UTAH 11)71 " In California: - Called Fiscal Peril to State v. C. RICHARD BARBER and ALTA M. FOGLE, that committee. The letter, signed by CTLA president William Lally, and sent to legislators yesterday, charges that Executrix of the Estate of Dan R. Fogle, as Substitute Defendant for Dan R. Fogle, Defendants and Appellant. Trial Court: Judgment of $5704.24 entered against Fogle. Supreme Court: Affirmed. Defendant denied personal liability with bank . . . claimAppeal: ing sand not used or removed. Evidence of quality of sand excluded by trial court. Voluminous records excluded as exhibit in trial court. bill would not the substantial affect rights of only California citizens, but would prove to be a fiscal disaster for the state as well. . ." The tail before the committee was sponsored by Assemblyman Jack Fenton, Lally aimed his remarks at cost lt estimates for administering lt which were offered to the committee by Tom Bright, a representative for the Department of Motor Vehicles. Bright told the ways and means committee that it would cost the state an estimated $5.4 million yearly to administer a program of insurance. An even greater expense would result from an expanded use of our court system," said Lally. The Sacramento trial lawyer said that the court would be required to approve certain settlements, order discovery of evidence, determine Plaintiff Counsel: Defendant Counsel: no-fau- no-fau- the amount of claims to qualify for bill. The letter went on to say that an additional fiscal question to be answered is the cost of arbitration that is required under this bill for cases under a certain level of value." The trial lawyer leveled stiff criticism at provisions in the Fenton Bill which would limit recovery for wage loss, and place a ceiling on compensation for serious boidily injury and dismemberment. He said that a great danger exists that the permanently disabled victim of an auto accident in California will receive only a portion of the compensation that he would now receive." He said that the result would be an increase in the welfare load, litigation over the benefits the plaintiff would actually receive, appeals and review of findings. Bronx Judge Gives Stiff Drug Sentence musician has THE BRONX, N.Y. (ACCN) forty-two-year-o- ld been sentenced to A in of prison possession of some $2 million worth of heroin. The sentence on Robert for 15 years-to-lif- e his conviction Norton was passed by Justice William Kapelman in the State Supreme Court here. was convicted of of nearly ten pounds of possession heroin. Bronx Dist. Atty. Burton B. Roberts noted that his office had drafted legislation which went into effect on Sept. 1, 1989, calling for a life sentence for possession of a pound or more of heroin, cocaine or opium. Since then, Roberts said, there have been six such sentences handed down in the state, four of them imposed in the Bronx. Norton James P. Cowley, 400 El Paso Bldg. Robert D. Maack Lee W. Hobbs, 1119 Continental Bank Bldg. District Judge James Sawaya wrote the decision. See details page 4 to the mild and of the recovery o date and the prospect that expansion may remain that way for a while longer. But the kind of apprehension that now exists obviously is by no means wholly related to the recoverys lack of vigor, the bank publication says. Besides concern over inflation and unemployment, it observes, there is inanxiety about high long-terterest rates and some uneasiness about Lockheeds difficulties specifically concerned about the repercussions they could have." Also cited in the economic An reviews discussion of business URBANA, ILL. (ACCN) authority on the legislative process conditions are such worries as the said today the same provisions of the absence of effective cooperation new Illinois Constitution which are between the executive and most important to the people also legislative branches of government may produce the most controversy .on economic matters" and "the and litigation. extraordinarily rapid rates of Prof. Rubin G. Cohn of the college growth" of the money supply in 1971. Yet all the current gloom may not of law in the University of Illinois at n said these be fully justified, the bank analysis provisions allow more local power to notes. Some of the good things that had been widely expected to happen manage local affairs. 1970 Constitutional during the past year and a half but During the Convention, Cohn served as general which in fact didnt happen, or which counsel for the Committee on the happened in a much more limited Judiciary. Previously, he co- way than had been anticipated, authored The Illinois Constitution: could still come along." The Survey sees positive signs: an Annotated and Comparative There continues to be a one time he was a Analysis, and at legislative draftsman for the Illinois reasonable chance that considerable progress may yet be made on the legislative reference bureau. Citing the home rule provisions as price front. This is partly because of the the most significant advance of the 1970 Constitution, Cohn said cities of substantial slack certain to persist more than 25,000 population will be in the economy for some time able to levy their own property taxes (measured in terms of the gap and make many of their own between actual and potential output ) regulatory and police laws, all from and partly because of the strong a broader base of power. probability that productivity gains But the home rule provisions also in industry will average a good deal may provide much controversy in higher in 1971-7- 2 than in the past two terms of their interpretation, he years, when the record was dismal said. This is unavoidable because it is hard to determine what separates local from state powers," Cohn said. He predicted that future court decisions on the issue of home rule would include some surprises. However, Cohn said he finds no areas of substantial uncertainty in LONDON (UPI) Robert W. any other article of the new Constitution. of Chairman RCA, has Sarnoff, is a new Constitution The termed chaotic the present state very of communications law and said it constructive advance. I am opcould cost the world $500 billion in timistic for its success despite some inaction by the General Assembly in unrealized world trade in this decade alone, as well as holding implementing some areas of the said. back the progress of underdeveloped he document," Provisions in the Constitution for a nations. Sarnoff urged the American Bar state board of education and a state board of elections were among those Association at its 94th annual not yet implemented, he said. meeting here to take the lead in In some areas where imdeveloping a new legal framework not for one world of communications for was plementation provided to Constitution the the by replace the obsolete concepts and Legislature, can operate under its own powers, rules he said were hopelessly to the age of the satellite. he noted. For example, the provision to In a speech prepared for a appoint judges to fill vacancies meeting of the ABAs international between elections was not passed. and comparative law section, the But under the new Constitution, the RCA chairman said what is needed Illinois Supreme Court can fill the is a whole new body of law, said. Cohn domestic and global, terrestrial and positions, The most contentious issue facing space, to give direction and cohesion the judiciary committee on which he to technological progress." served was that of elected or ap"In the United States, for he said. That pointed judges, example, communications are was decided question ultimately by regulated by the Federal Comthe voters in the December 1970 munications Commission under a and referendum, judges will be statutory mandate hopelessly elected. But the Supreme Court has outmoded by current technology," the authority to determine how he said. associate judges (magistrates) are As presently framed, the comsaid. act cannot possibly Cohn munications appointed, commission the with the this better By provision, provide lawyers needed for the be will attracted and a more regulatory guidance most complex and qualified judiciary will result," he said. technology ever known." New Illinois Charter Gives m More Home Rule - Urbana-Champaig- U.S. lt certain proceedings and hear appeals of findings under the Fenton half a year old, an unusual amounl of worry still exists among businessmen, according to the June issue of the Morgan Guaranty Survey. The banks economists see this as NORTH DAVIS BANK, Plaintiff no-fau- no-fau- NEW YORK (ACCNj With the now more than economic Bank to Rely on Sale of Sand for Loan Repayment The California Trial Lawyers Association has sent a lenghty message to the 21 members of the Assembly ways and means committee in an attempt to lt auto insurance head off legislation presently stalled before so-call- Capsule FAILURE TO MAKE PROPER PAYMENT - SACRAMENTO Bank Survey Finds Business Still Worried partly related hesitant nature recovery Supreme Court Decision Bill No-Fau- lt Defends Wiretap Data On Hoffman WASHINGTON - The has government it monitored a acknowledged that conversation involving Yippie leader Abbie Hoffman through what it described as a legal national security wiretap authorized by Atty. Gen. John N. Mitchell at the request of FBI Director J. Edgar Hoover. Lawyers for Hoffman had asked federal (UPI) the government to disclose whether his conversation had been overheard by means of electronic surveillances. The attorneys argued that his indictment on antiriot charges stemming from May Day demonstrations here was based on illegally obtained evidence and should be dismissed. A federal grand jury in Washington, D.C. indicted Hoffman on federal charges of inMay terstate travel to organize and participate in a riot and on a charge of obstructing a policeman during a riot May 3. Deputy Atty. Gen. Richard G. Kleindienst swore in an affidavit filed with the U.S. District Court here July 16, that Hoffmans voice had been recorded during the course of a national security surveillance. He turned logs of the conversation over to the court in a sealed exhibit and asked that they be examined in secret and returned sealed to the 13 Justice Department. The department gave the court the same arguments it has advanced for the past year or so to support the Nixon administrations claim that it can wiretap domestic radicals without a court order. It cited the same national security interests it cites against foreign subversives. The constitutionality of this position is now before the U.S. Supreme Court, which has agreed to hear next term a case involving government wiretapping in a Central Intelligence Agency office bombing by a member of the White Panther Party. A review of the records of the Justice has of established that. . . Hoffman was never the subject of direct electronic surveillance, the government said. However, it said recordings of a telephone conversations believed to include Hoffman were found in a wiretap of someone elses phone. The location of this wiretap, or Department wiretaps, was hot disclosed. Kleindienst said the decision to authorize surveillance was based on information contained in various requests by Hoover. He certified that it would prejudice the national interest to disclose the fruits of the surveillance other than to the court in a closed session. Senate Votes Far-Reachi- ng Student Aid WASHINGTON (UPI) - A Senate committee has approved legislation that would establish for the first time the right of all young to government-subsidize- d Americans higher education if their families cant afford it. The program would provide every eligible undergraduate a basic yearly grant of up to $1,400 to help with college costs, plus the prospect of an additional $5,000 or more annually in supplemental grants, loans benefits if needed. and work-stud- y Unlike current student aid programs under which the actual amount of aid provided each student is dependent on the amount nf Congressional appropriations, the new system would promise needy students every penny they need every year to go to college. The package, hailed by Republicans and Democrats alike as a landmark measure," was approved as part of a massive higher education authorization bill by the labor and public welfare committee and sent to the floor for debate. Committee sources estimated the student assistance expanded programs would provide grants to 1.22 million youngsters during the 1972-7- 3 school year, the first full year of operation. They estimated the cost at $1.39 billion for programs grants and work-stud- y out-rig- ht alone in fiscal 1973. Under the plan, all students would be guaranteed entitlement grants" to cover half their college costs up to $1,400 a year each, offset by family contributions. Communications Law Chaotic, Sarnoff Says - fast-changin- g |