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Show Ferialb D'3rtmont Orcter Utah Unlveraity of Ut h celt uokeClty, 8112 VOLUME 16t NUMBER 101 Utah Supreme Court Decisions a m Real Estate Transaction Backfires CONDITIONAL SALE CLAIMED Technical Error Perils New York Judgeships Bill City F. Richards (UPI) A bill passed in the closing hour of the legislature creating new state Supreme Court, County Court and Family court judgeships may be invalid because of a major technical error. The problem is that the Assembly version of the bill creates 21 new judgeships, the Senate version 20, and by law the bills must be idenBy ALBANY ON USURY CHARGE Judgment of trial court reversed EVAN B. and DONNA S. KJAR, Plaintiffs and Appellants -- v. STERLING N. and PAMELA J. BRIMLEY and BRENT DYER, Defendants Summary judgment granted defendants. Supreme Court: Reversed and remanded for trial. . . . there is a material Issue of fact as to whether the parties Intended to create a debtor-creditrelationship and whether the alleged sale was intended to be no more than a security transaction, since casting a loan transaction in the form of a sale with an option to repurchase will not insulate the transaction from the usury laws." Tliis court . . . observed that an instrument need not be in any particular form to be a mortgage so long as the intention of the parties is shown, and a mortgage may consist of a warranty deed and a separate contract in writing." Plaintiff counsel: Fuller, Beesley & Decker, Orval C. Harrison, 15 E. 4 S. 84111 Defendant counsel: Jensen & Lewis, Kay M. Lewis, 320 S. 3 E. 84111, Samuel E. Blackburn Trial Court: or - tical. When the bill passed, May 12, the Assembly version was substituted for the Senate one, on the ground the Mils were identical. Since they were not identical the substitution was illegally made. The discovery that the two bills were not identical left Senate and Assembly aides in a quandry. Its too soon to tell exactly what this means, but it definitely threatens the legality of the bill, a Senate spokesman said. If the governor signs the bill into law and he may be forced to veto it because of this then the issue may be resolved in the courts. In this case, we dont know yet whether the intent was to create 20 or 21 judgeships, although the higher number is more logical, another legislative spokesman said. The difference in the two bills is in the 8th Judicial District. The satisfying his quest for political Assembly bill increases the number notoriety and his zest for adulation of state Supreme Court justices in by others of his ilk." that District the eight counties of The opportunist, he continued, Western New York to 22, while the does not seek to serve his un- Senate bill leave the present 21 fortunate client. Rather, he seeks to judges. serve an objective of his own and, in In addition, new County. Court the process, usually commits a judges are created in Livingston, disservice to society. Suffolk and Westchester Counties, When entering the legal both in the New York City area, and profession, the ABA president said, new family court judges in Suffolk a lawyer does not engage in a and Nigarara Counties, the latter popularity contest, but he does near Buffalo. assume a special creed to safeguard every mans right to a fair trial. Jaworski: On Counsel, And Unpopular Client TOPEKA, KANS. (ACCN) -Lawyers have a responsibility to defend clients in criminal or civil cases even if the conduct of the accused, his reputation or position in society may be unpopular, the president of the American Bar Association has emphasized. He took issue, however, with opportunists" who in defending clients seek to gain notoriety or satisfy their egos. Although criticism and denunciation may be severe and painful at the time that the unpopular side is represented, it is only temporary," ABA president Leo Jaworski told a NPA Will Study Research Effect On Productivity commencement audience at Washburn Universitys School of Law, May 13. Eventually, popular passion gives way to sober thinking and cool reflection, and the lawyer is admired for his courage and devotion to duty." WASHINGTON, D.C. (ACCN) -The Houston attorney said this The National Planning Association responsibility of the lawyer is often has received two grants from the misunderstood by the laity and is all National Science Foundation to too often regarded lightly by the study the relationship between research and development activities lawyer." He said laymen sometimes and subsequent growth in industrial assume it is the lawyers productivity, and to develop responsibility to pass judgment mi quantitative projections of the efthe clients rights and, if he suspects fects of changing national priortities the client may be in the wrong, on scientific and engineering should not represent him. This false manpower requirements during the assumption is allowed to exist coming ten year period. without much effort on the part of Under the first grant, Dr. Nestor to correct He said the it." E. Terleckyj, director of NPAs anyone lawyer's responsibility needs Goals Accounting Studies, will conscientious reexamination and examine the precise nature of the reassessment in light of the relationship between public and changing times in our society." private sector research and Jaworski cautioned against development activities, and the confusing the conscientious lawyer various ways in which this serving an unpopular cause with relationship works. Of prime conthe opportunist who is obsessed cern to the study is the fact that with designs of his own." while both public and private sector he there are those, said, research and development activities Today who pose as stalwart defenders of have increased since the 1920s, the the rights of individuals accused of growth rate of total factor crime, whose chief performance is productivity has not surpassed that to engage in courtroom outbursts of earlier periods. and vitriolic conduct, indignities Possible explanations for the toward the judges and scurrilous absence of productivity increase are attacks on our legal institutions. that the conventional mechanism for One wonders, for what purpose? measuring output (on which If the rights of the accused and his productivity measurements are freedom from conviction are his based) is subject to error or that the chief concern, the lawyer has by his current concept of output is too demeanor forsaken them in favor of restrictive. . Justice Suit Brought Against Alabama Power - WASHINGTON (ACCN) The filed of a has Justice Department civil suit charging a Birmingham, Money Experts, Selling Lead Salary Jumps - NEW YORK (UPI) Salary levels in banking, retailing, life insurance and . financial management showed the greatest gains in 1971, according to Wage & Salary Review, published by Fanning Personnel, an employment agency. The survey covered 10 principal job categories with breakouts in each section covering low to high salary range, length of experience Drop Farmers' Subsidies for Killing Pot' WASHINGTON (UPI) - Justice and Agriculture Department officials have quietly dropped an experimental 1971 program under which farmers iw$re; given cost- -' share subsidies for eradicating wild marijuana, spokesmen disclosed today. In response to questions about the future of the program which the Agriculture Department operated last year in 11 counties in 10 states, officials said it would not be continued in 1972. A review of last years operation showed that, in general, it didnt appear the produced a significant increase in the (wild marijuana) acreage farmers were eradicating on their own, one official said. The pilot program was financed by the Justice Departments Bureau of Narcotics and Dangerous Drugs as part of its overall drive against marijuana. It was aimed at testing the use of farmer subsidies in helping to dry up supplies illegally harvested by night raiders from plants growing wild on unused farmland and river bottoms. The test was conducted in two sample counties in Kansas and single counties in Illinois, Indiana, cost-shari- Iowa, ng a, Kentucky, Michigan, Missouri, South Dakota and Wisconsin. Farmers cooperating in he program in all collected $55,000 Min-lesot- Alabama power company with .n government payments for wild marijuana. violating the economic stabilization eradicating based on 90 per cent were Payments program. Acting Atty. Gen. Richard G. of the cost of spraying and other Kleindienst said the suit was filed in weed control practices. U.S. District Court in Birmingham. It was the first brought by the 47.5 Pass Bar Department against a public power company. Exam in California; The defendant, Alabama Power Company, provides steam heat to customers in downtown Bir- Proportion Drops mingham, principally businesses SAN FRANCISCO (ACCN) -Sand institutions, including a ome 826 of 1,738 candidates who sat Veterans Administration hospital. for the latest California bar Hie suit charges that the firm examination, given in March, violated Phase I of the stabilization passed this crucial hurdle to the program by passing on operating status of attorneys, the state bar costs to 206 customers. Hie rate board of examiners has announced. increases went into effect October Despite the adoption for the first and Phase I ended 18, 1971, time of the National Conference of November 13, 1971. Bar Examiners multiple choice Utility service rates were conas a component of the trolled under Phase I regulations, questions which has led to issued under the Economic examination, of successful higher canpercentages Stabilization Act of 1970 and its didates in some states, the perimplementing executive order. of passing applicants here The suit seeks an injunction centage was only 47.5 compared with 50.8 per requiring the firm to return the cent for March a year ago, and 59.3 income from the rate increase to the cent last August. customers. The total collected as a perWhile the actual percentage of result of the rate increase during the successful candidates in March, period of alleged violation is 1971, was higher than this March, estimated in the suit at between the absolute number 708 was $3,000 and $5,000. lower than this years 826. i and individual job nomenclatures. Wage level stabilization reigned in most categories and only a few selected industries showed gains. This reflects the soft economic conditions that prevailed throughout 1971, Fanning noted. Wage scales were further dampened by a growing number of available job seekers, as exemplified in the secretarial-clerica- l category hitherto immune to business cycles. On the other hand, renewed Wall Street activity has boosted the demand for security analysts and portfolio managers with $25,000 to salaries $35,000 frequently augmented by bonuses and com- missions. - Salaries in the life insurance field are up 10 to 15 per cent for experienced persons, largely ting the trend toward specialization and the increasing number of companies entering the field, k Fanning reported. In banking, international activity, increased mortgage committments and general growth improved salary levels and openings. There was an emphasis on hiring international personnel, a fact that reflects banking activity overseas. An upward trend was recorded in salaries of public and private accounting specialties, particularly at staff to middle-manageme- nt levels, the survey showed. Increased volume at retail in the second half of last year boosted salaries in some instances. The greatest growth area has been in the merchandise managerial capacity. A top salaried man in that' position with five years experience was making $18,000 in 1970, but in 1971 his income rose to high of $30,000, Fanning said. Antitrust Topic For Federal Bar, BNA Seminar WASHINGTON, D.C. (ACCN) -- The current Chief of the Justice Departments Antitrust Division will address a Washington briefing conference on the Antitrust Settlement Process, to be held June 12 and 13, 1972. Walter B. Comegys, now acting as assistant attorney general for antitrust, and other key officials of the Justice Departments Antiturst Division and of the Federal Trade will discuss the negotiation and enforcement of antitrust judgments and FTC Consent Orders, as well as voluntary compliance with such actions, at the two-da- y conference sponsored by The Federal Baf Association and The Bureau of National Affairs, Inc. Commission, (BNA). Leading members of the antitrust bar and private experts in investment banking and tax laws also will participate in the conference, offering practical advice and broad insights into the essentials of the settlement process, trends in recent court decisions, and related consequences in investment banking and taxation. Registrations for the two-da- y conference, to be held at Washington's Shoreham Hotel, may be made in advance by contacting the Briefing Conference Secretary at 25th Street, N.W., Washington, D.C. 20037. . 1231 |