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Show mm MERICM Feriulu Ordir 03rtmgnt University of Utah fait LkeCity, . Utah 00112 Competitive Bid Law Cited On Utah Supreme Court Decisions m Cfepmll Voluntaiy Sterilization Indmdual Free to Choose Plaintiffs each state that they have applied to their physicians, each of whom has refused to perform the sterilization because erf his fear that he might be guilty of a felony if he did so, as advised by attorney John Snow, counsel for the Utah Medical Association. Declaratory Judgment Act Not Designed for Nonadversary Action Trial Court: ORDERED, ADJUDGED AND DECREED . . . That the (named defendants) . . . and all other law enforcement officers of the state of Utah should be and are hereby enjoined from enforcing the provisions of Sec. U.GA. 1953, as statute said is to state and the institutions except applied Inmates and patients therein. Conclusions "statute does not prohibit a person who is not institutionalized (Le., anyone else) from voluntarily undergoing an operation for the purpose of being sterilized, that is, destroying the power to procreate." Supreme Court: Affirmed. 1) . . . "each individual should be free to choose his own course of conduct, and to take the consequences thereof, except only as restricted by law," 2) . . . "restrictions are for the legislature to determine." 1 to 14 . . . those who are adjudged to be 3) . . . Sec. insane, idiot, imbecile, feebleminded, or epileptic . . . nothing in statutes refers expressly to sterilization of anyone else." Justice J. Alan Crockett wrote the opinion. Chief Justice E. R. Callister Jr. dissenting: "Although I cannot express any disagreement with the statutory interpretation in the majority opinion, the Declaratory Judgment Act was not designed for giving advisory opinions in a nonadversary action. Justice F. Henri Henroid concurs in dissent Plaintiff counsel:' Salt Lake County Bar Legal ServicesDavid L. Dolowitz, 216 E. 5 S. Defendant counsel: Vernon B. Romney, G. Blaine Davis, Verl L. Topham See details page 4 . 64-10-1- 2, .... Postage Stamps - The city CLEVELAND (UPI) of commissioner purchases and supplies has refused to approve a $12,000 purchase because of a city law requiring competitive bidding on all purchases over $3,500. The order was for postage stamps, of which the U.S. postal service is the only suppplier. ."I wanted to check with the law department to see if the law applied, said Commissioner Cyril C. Weathers, a civil service employee. Other dty employes said that Weathers had been disgruntled since last fall, when a new mayor tried to fire him. Some city mailing machines had run out of postage, but the administration planned to sidestep the issue by reducing the purchase order to below $3,500. "64-10-- Jersey Bar Head Names Members For Institute - New Jersey NEWARK (ACCN) Bar Association President Martin L. Haines has named a retiring' Superior Court Judge, the State Public Defender and a law professor to the governing body of the new Bar Institute of New five-memb- er Jersey, which will seek solutions to stale judicial problems. Gray Gives Plan On FBI Hiring From Minorities WASHINGTON Acting FBI Director L. Patrick Gray III has t announced the establishment of an FBI office of equal employment opportunity affairs aimed at recruiting a larger number of employes from minority groups. In making the announcement, Gray disclosed that the FBI currently has only 1,454 employes who are either black, Spanish-surnameor Oriental extraction, or American Indians. Of the total, just 204 are special agents. There were a total 19,857 FBI employes as of last March, of whom 8,631 were agents, according to testimony by the late Director J. Edgar Hoover before a House apd, whom 15 are agents; while the number of American Indians has decreased from 12 to 7 of whom 4 are agents. Gray said the FBI had been successful in hiring many outstanding black employes who were subsequently attracted into higher paying positions both in private industry and in other government agencies. The new equal employment office will be headed by two special agent supervisors, one white and one black. Cemetery Funds For Veterans - propriations committee. WASHINGTON (UPI) Because Gray, who relaxed Hoovers ban most no veterans longer can be mi female agents shortly after in buried national cemeteries, the taking over the Bureau, emphasized to in a statement that there would be no House has voted provide a $150 for allowance those buried emplot of the Bureau's lowering elsewhere. said felt he ployment standards. He A bill passed by the House, there is a "reservoir of men and and sent to the Senate, June 5, also women from minority groups who are well qualified for FBI would provide for a study on possible development of additional national positions. Gray said that since the beginning cemeteries, possibly on a regional basis. of 1967, 2,828 black In theory each veteran is entitled personnel and 47 black agents had to burial in a national cemetery. In been hired by the FBI. A spokesman the cemeteries are running no the practice, to said there was significance out of available space, and many 1967 date. been closed to additional have Despite normal attrition during All about 15 percent of burials. but the five year period, Gray said, the FBI has increased its number of veterans dying recently have been plots. black employes from 943 to 1,454 of buried in The administration opposed whom 64 are special agents. Spanish-suraame- d employes have enactment of the proposed new plot increased from 116 to 286 erf whom 62 allowance, which would be in adare agents; those of Oriental ex- dition to a $250 burial allowance traction have risen from 25 to 60 of already provided for veterans, 310-to-- 4, The institute, an outgrowth of a Slate Bar special study committee, has the approval of the Supreme Court and will begin operations this month as an autonomous subsidiary of the State Bar Assn. The five appointees announced by Haines are Superior Court Judge Alexander P. Waugh, Morris County Assignment Judge, who will not Join the governing board officially until his retirement from the bench in September; State Public Defender Stanley C. Van Ness; Seton Hall Law Professor Theodore S. Meth, who is also a practicing attorney in Newark; Summit lawyer Mrs. Jerry F. English and Mount Holly lawyer William H. Wells. Haines will be an member of the board. said Haines that one of the prime objectives of the institute will be to study and recommend solutions to problems which beset and occasionally divide the bench and the bar. He said that lawyers and judges know where the problems are but that little has been done to solve them. "It is in this realm that I believe the institute can function ideally, he commented. He said that a director and a staff who will work full time will be hired shortly and that several other such as education, professions will be psychology and economics recruited to the institute in future ex-offic- io months. Haines said the institute "is designed to explore basic beliefs about the law and its procedures, to consider and support those beliefs where valid and to encourage the changing and abandonment of those no longer worthy. Haines said that research activities and other functions of the institute will require substantial finds. He indicated that although initial contributions are expected from the Bar, there is the added possibility of public and private grants. Lotteries Gain Favor As Money Source NEW YORK - Have (ACCN) of states and cities apparently think so, Tax Foundation, Inc. says after a look at new legislation. A half dozen more states may soon join the six Eastern states now lawmakers found the "willing taxpayer in the gambling man? A rapidly increasing number long-soug- ht - FttGrJqlmsoin Calls Marijuana A False' Issue WASHINGTON - KUPI) operating lotteries. Nine states are reported considering betting legislation. New Jerseys anticipated profit from its weekly lottery and the "handle at New York Citys 60 betting y other revenue-hungrplaces tempt state and local governments. Oregon and Washington already have cleared legal barriers to the multi-millio- n dollar source of $60-milli- off-tra- ck FCC Commissioner' Nicholas'Jphbson charged, June 5, that the "marijuana menace is simply an administration scapegoat to divert the publics attention away from revenue. wars and domestic needs. Drug use has been translated from a major social disaster into a major political bonanza, Johnson said in a speech to the National Colorado and Education. He blamed radio and television for helping the administration with public service anti-dru- g messages "while fighting tooth and nail to keep off the air messages of public interest groups about , the im: plication of legal drugs and the life styles pushed by radio and TV for a . drug society. Michigan voters are scheduled to decide this month on a constitutional amendment repealing a ban on lotteries and bingo. Coordinating Council on Drug . and Maryland, possibly California, will face similar questions in November. Rhode Island is looking into a variety of gambling measures. At the start of 1972, 34 states allowed one or more types of gambling. Their permissiveness ranged from allowance of- nearly all forms of gambling in Nevada to the licensing of bingo games by charitable and it organizations in Kansas. Parimutuel betting on horse racing was permitted in 28 states. Hawaii, one of the remaining 16 states which forbid gambling in any form, was to consider a bill licensing cock fighting. The New Hampshire lottery, begun in 1964, broke a taboo on state-ru- n games of chance. New York followed in 1967, then New Jersey in 1971. Connecticut opened its lottery in February this year. Pennsylvania held its first drawing in March; Massachusetts this month. Most state lotteries follow approximately the same distribution pattern, the Foundation says. The payout in prizes is usually somewhat less than what is believed to be a 50 50 split in illegal gambling. While a state lottery bettor eliminates the danger of the bookie disappearing, illegal gambling has one solid advantage that seem likely to keep it in business. Uncle Sam has a hard time taxing the illegal winnings. - non-prof- persistent critic of both the administration and the broadcast industry which the FCC regulates, Johnson said there was no proof that public service anti-dru- g spots wore having any effect on discouraging A drug use. "It may very well be that the current anti-dru- g spots are in fact encourageing drug use by calling the attention of young people to a glamorized illegal alternative to the alcohol guzzled by the adult world. He blamed the nations drug problem on "a national ambivalance about the role of drugs in a very complex and troubled society. "It is the presence, of psychological problems in the social milieu of off-trac- k drug ambivalance that has turned emotional problems into drug problems. And the media radio and television are intimately involved in the creation of that environment. Rubber Industry Spokesman Hits Import Quotas - WASHINGTON (UPI) The president of the Rubber Manufacturers Association has asserted that the Burke-Harlk- e legislation, which would regulate imports and restrict overseas operations of American manufacturers, would do "a great disservice to labor and industry. Instead of improving the balance of trade and creating more jobs as its proponents claim, the bill would have exactly the opposite effect, with the American worker the victim," said Ross R. Ormsby in a statement issued here, June 1. Under the legislation proposed by and Rep. James Burke, Sen. Vance Hartke, a s., D-In- regulated import quota system could be imposed on all products, and additonal U.S. taxes would be levied on profits of American firms with plants abroad. "Import quotas would invite foreign nations to put reprisal quotas on American exports, causing a loss of jobs in the companies affected, Ormsby said. long-standi- ng Pentagon Says Spending for Defense Drops - The WASHINGTON (UPI) said has fiscal officer top Pentagons that if inflation is disregarded defense spending is now taking a smaller share of total government spending than at any time since the Korean War. Robert C. Moot, the civilian comptroller for the Defense Department told Congress joint economic committee that the defense budget can hardly be blamed for the nations probleir with inflation. It has been taking a relatively smaller share of the total federal, state and local tax dollar ir recent years, he said. The defense share of total public spending, Moot testified, May31, is at its lowest point since before the Japanese attack on Pearl Harbor on Dec. 7, 1941. |
