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Show WESTERN fJariulb Urdar Djpjrtniint of Utah Univoruity Salt lako City, Utah 64112 - SALT VOLUME 15, NUMBER 245 OPINION NO. 71-03- 2 December 17, 1971 REQUESTED BY: Governor Calvin L. Rampton PREPARED BY: Vernon B. Romney, Attorney General Homer Holmgren, Assistant Attorney General QUESTION: U.C.A. 1953, as amended Do the provisions of Sec. 1. by 1971 Session of the Legislature in any way alter the posic tion of the CAP as a public or body so that they might come within the exemptions granted from taxation? 2. If the answer is no, would it be possible for the Legislature to provide public status for the CAP so that they might be exempt, or would this create constitutional questions? quasi-publi- CONCLUSIONS: 1. No. On Sets Nominating Signature Rules Benelux, Andean Nations Change Patent Rules SPRINGFIELD, ILL. (ACCN) -Gov. Richard B. Ogilvie has approved legislation setting signature for npminating petitions.. House Bill 3560, effective immediately, establishes the following signature requirements: For Congressional office, or for delegates or alternates to national a conventions, nominating of 600 minimum qualified signatures; For a senatorial office, at least 300 signatures; For independent candidates for Congressman, by at least 5,000 qualified voters of the Congressional district; For independent senators and representatives in the General Assembly, at least 3,000 signatures. The new law also specifies minimum and maximum signatures Registration: NEW YORK (ACCN) New Years Day will be a critical date under the new Benelux Trademark Act affecting the European Low Countries and also as to certain on patents and legislation trademarks in the nations of South Andean Bloc. America's National trademark registrations in Belgium, the Netherlands and are due for Luxembourg as Benelux trademarks registration by December 31, 1971. This Act creates a single trademark for the three countries, replacing their individual national registrations. The Two Newcomers To Join Court June for the first election following and legislative congressional redistricting. House Bill 336, also approved by Gov. Ogilvie, extends identification on campaign requirements literature. In addition to literature on candidates, identification is now required on printed material on any proposition or question submitted to the electors. w January WASHINGTON (UPI) 7 -yesterday The Su- preme Court announced that its two new justices Lewis F. Powell, Jr., of Virginia and William H. Rehnquist of Arizona will be sworn in at a special sitting at 10 A.M., Friday, January 7. The session will be ceremonial and no other business will be conducted. Since Fridays are the courts uual days for conference on recently filed cases, Powell and Rehnquist will go to work im- mediately with- - their seven colleagues. They will sit in their first regular session when the court opens January 10 after its three-wee- k Christmas recess. Powell, who succeeds the late Justice Hugo L. Black, was confirmed by the Senate December 6. Rehnquist - The WASHINGTON (UPI) of Dun firm prestigious credit rating Francisco, Calif., to be excused from testifying. Bradstreet has come under Congressional criticism for ac& crediting a charitable organization which investigators claimed bilked businesses and individuals of millions of dollars. The integrity of Dun & Brad-streis at stake in this investigation of a fraud, Rep. Claude Pepper, chairman of the House Crime Committee told D&B representatives at a hearing into the operations of the Baptist Foundation of American, INCM, (BFA), December 8. Another witness at the second day was confirmed December 10. He succeeds retired Justice John N. Harlan, who has been ill for several months. Powell and Rehnquist will be the 90th and 100th members to take their places on the court. of hearings, Salvatore a., Badala-ment- e, described by Pepper as a racketeer, invoked 5th Amend- ment protection against self- incrimination repeatedly in refusing to answer questions, claiming his answer might tend to degrade and incriminate me. The committee also rejected a request by another witness, Arthur Gamborisi, president of the Shaw k Hooker Brokerage Co.,, of San so-call- of national of three the lands as registrations Benelux trademarks is necessary in order to preserve existing rights. Failure to the national trademark as a Benelux trademark will result in the loss of these trademark rights. In South America, Argentina separately, and the Andean Bloc countries of Bolivia, Colombia, Chile, Ecuador, and Peru, jointly, have enacted legislation requiring that all license agreements involving patents, trademarks, and-o- r, know-hobetween a foreign and a local entity be entity in the respective counregistered On i D.-Fl- New Illinois Law requirements WEDNESDAY, DECEMBER 22, 1971 et Not possible. See details page 3 . 2. CITY, UTAH D&B Assailed For Rating On Accused Charity OPINION GENERAL ATTORNEY LAKE tries. Agreements entered into prior to 30, 1971, must be registered before Jan. 1, 1972. Otherwise, the license agreements may not be legally enforceable. Agreements entered into after June 30, 1971, are subject to review for conditions detrimentally affecting the current economic policies of these countries. If no objection is raised, the agreements will be registered and obtain legal effect. California Law Protects Newsmen's Right To Silence CALIF. (UPI) Legislation prohibiting a newsman from being held in contempt of court for refusing to disclose the source of information gathered but not used was signed December 13, by Gov. Ronald Reagan. The bill by Assemblyman Alan Hills, was supSieroty, California Newspaper ported by the Publishers Association and the California Broadcasters Association. SACRAMENTO, Los Angeles Cracks Down On Child Support LOS ANGELES round-u- p county-wid- e (ACCN) of 555 fathers A have failed to provide for their children has been announced by Dist. Atty. Joseph P. Busch. The mass arrests, December 7, mark a continuation of the strict who policy on child support which Busch began last June. A total of $650,000 in child support payments is owed by the fathers arrested yesterday. Almost a million dollars in such payments are covered by yesterdays round-u- p and an earlier action on June 29. Child support payments in Los Angeles County rose 8289,235 in the more than 13 per cent month following the June crackdown, according to the court trustee, County-AuditMark Bloodgood. "This increase in payments indicates that these round-up-s are having the desired effect," Busch said. We are interested in making sure that they support their children by providing the bare necessities of life. We want to remove this enormous financial burden from the taxpayers and place it with responsible individuals the fathers who should be providing for their children," the district attorney added. The law requires absent fathers to support their children at a rate of approximately two dollars per day for each child. Fathers who fail to support their children face a misdemeanor sentence with a maximum penalty of a year in county jail and a 81,000 fine. This is the first extensive use of the citation system in Los Angeles County for any crime other than traffic violations, Busch said. Its use in this instance has the two-fol- d result of improving our' efor fectiveness in arresting errant fathers and also reducing the court congestion which results from such mass arrest situations. Pepper said at the start of hearings they would center on bow the completely worthless commercial paper of the BFA was utilized by criminal elements all over the country to obtain hard cash. The committee has been given information that it's possible for a corporation to get any kind of a (D&B) rating it desires. Were also told that its a laughing stock in the underworld that they can manipulate any rating they want in D&B, said Rep. Larry Winn, Jr., R.-Ka- Paul Foss, of the D&B office in Los Angeles, told how he interviewed the Rev. T. Sharron Jackson, executive officer of BFA, for two hours, before certifying the foundation for a D&B report that showed it had assets of million. BFA was incorporated in California in July, 1966, and was ordered placed in receivership in January, 1970 by state officials when it showed 815,000 in assets as against outstanding promissory notes totaling 826 million. Foss said D&B does not audit but does make routine checks on financial statements submitted for listing in the D&B report which carries weight in the financial world. Do you examine information critically to determine if you are being conned or do you must pass it Asked on to your, subscribers? committee counsel Joseph Phillips. Well we dont make an audit, No, we believe basically that people are honest, said Foss. Foss was reminded BFA listed among its assets 89.5 million in mining stock which California officials testified December 7 was for 820 mines that were nonexistent. Hospitals and hotels and large land holdings also were listed in the assets but BFA did not have ownership of them. Supreme Court Will Rule On Wiretap Point - The Su(UPI) preme Court has agreed to decide whether a witness may refuse to testify before a grand jury on grounds that its evidence was obtained from illegal government WASHINGTON wiretapping. The Justice Department requested the hearing after it lost appeals in cases involving two nuns connected with the Berrigan kidnap-bom- b plot and two men overheard on phone taps of a third person believed to be involved in gambling. The high court will schedule arguments later this term and hand down a written opinion interpreting provisions of the 1968 safe streets act which deal with a citizens rights in connection with illegal electronic surveillance. Two U.S. circuit courts have ruled against the governments contention that a witness before a grand jury has no right to question the sources of its evidence. But the 9th U.S. Circuit Court ruled in the governments favor in two cases: that of David Gelbard and Sidney Paraas, whose case was accepted, and that of antiwar activist Leslie Bacon, 19, of Atherton, Calif. The two men refused to testify before a grand jury in Los Angeles. The wiretap was authorized by a judge, but they attacked the constitutionality of the statute. n. I cant believe that to be true, said Foss. I always was led to believe that once you got a rating in Dun & Bradstreet you had . made it. The American public generally relies on Dun & Bradstreet, said Rep. Frank Brasco. have a responsibility to our customers, not to the American public in general, said Foss. Harold T. Redding, a D&B vice president, said In light of the circumstances at the time-whad every reason to believe this (BFA) was a legitimate organisation. I thought Dun and Bradstreet dealt with facts. I dont think every promoter could sell Dun & Bradstreet a bill of goods, said Pepper. - Most of the businesses we deal with are hoosst, but in retrospect we can say that further investijpUion should have taken place (on BFA), said Redding. Badalamente refused to answer a series of questions put by Brasco that included Do you own and operate vending and slot machines in New Jersey? and Haye you heard of the Baptist Foundation of America, Inc.? and Will you tell us how you came to control more than 8750,000 in BFA notes?. . Pepper charged at the opening of hearings Badalamente and a We Seymour Pollack, now serving time in a federal penitentiary for wire two important were crime organised figures who took over a New Jersey data processing compsny Datacomp Cop. and then used it as a vehicle to take control of Dumont Carp." Badalamente ami Pollack, the two racketeers, then engineered a stock manipulation, Pppper said, that resulted In the bilking of stock purchasers and stock brokerage fraud, companies of millions of dollars. Norman Forsyth, farmer president of Dumont Corp., in Englewood, NJ., and - founder of the Datacomp Service Corp. there, testified how Badalamente helped him obtain a loan from an Englewood bank to keep Datacomp in business and that a short time later, after the Dumont firm headed by Badalamente and Pollack took over Datacomp, he was left as a minority stockholder and so resigned. Florida Would Ban New York From Racetrack Data - MIAMI (UPI) The State of Florida has filed suit in U.S. District Cowt to prevent New' York's offtrack betting corporation from handling wagers on Florida racetracks this winter. A hearing was set before District Judge Joe Eaton on the request far an injunction by Atty. Gen. Robert L. Shevin and the state board of business regulation against the , ora. 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