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Show HBTERNAIMM Feriulb Orcter Oixirtmnt University of Utah Fait LokeCity, Utah 84112. SALT LAKE CITY, UTAH VOLUME 16. NUMBER 134 Prosecutors Utah Supreme Court Decisions m r.pglU a BUSINESS EMBEZZLEMENT UTAH T. WILCOX Appeal: Insufficiency of evidence and error In refusing to give instruction. Where the term (fraud) is of common knowlSupreme Court: edge and usage it is both unnecessary and inavisable to make the instructions more prolix (wordy) and complicated by the use of symnonyms which add little or nothing to make a term easier to understand than the term itself." Plaintiff counsel: Vernon B. Romney, David S. Young, Larry V. Lunt Defendant counsel: Gordon Huggins, 1st Security Bank Bldg., Ogden See details page 3 . U.S. Suit Charges Douglas Unhappy With Supreme Court Trends Retail Liquor Pride Fixing in Texas - A WASHINGTON (ACCN) federal grand jury today indicted five retail liquor concerns and seven individuals on charges of conspiring 0 fix prixes in the sale of liquor in ihe Waco, Texas area in violation of he Sherman Act. Aiiy. Gen. Richard G. Kleindiensl said the indictment and a companion civil amiirusi suit were filed in the U.S. Disirict Court in Waco, Texas. i I Named as defendants in the indictment were: Colley Enterprises, Inc., which operates Triangle Package Store; Jabo's Centennial Package Store, Inc., and G. Bs Clifton, its president; J and J Liquor Store, ' ti ri I 1 i I Airport Tax Rouses Ire Of Travelers Meeting Favors Split Verdicts - AFFIRMED and Zelma Dekle, an owner; The Scotchman, Inc., doing business as The Scotchman and The Oasis, and Roy L. Power, an owner and its president, and Woodrow Colley, an owner and officer; Warehouse Cut Rale Stores, Inc.; Billy Dicorte, who operates Dicurte Liquor Store; Johnnie M. Fadal, who operates Fadal's Cut Rate Liquor Store; and, J. B. Zeller, who operates J. B. Zeller's Silver Dollar, and J. B. Zeller's Silver Dollar No. 2. The companion civil suit named as defendants all of these concerns and individuals, except for G. B. Clifton, Woodrow Colley, Roy L. Power, and Zelma Dekle. Acting Asst. Any. Gen. Walker B. Comcgys, in charge of the Antilrus Division, said that the indictment and civil suit both charged that since at least as early as I960 the defendants had engaged in a conspiracy to fix, maintain, and stabilize retail prices for liquor in the Waco, Texas area, in violation of Section 1 of the Sherman Act. The defendants, which operate ten liquor stores, are the principal retailers of liquor in the Waco area. Annual retail sales of liquor in this area amount to approximately $8 million. The maximum penally upon conviction of each of the individual defendants is one year in prison and a $50,000 fine. The civil suit asked for a per. manent injuction against condefen- tinuation or renewal of the activities. dants' price-fixin- g The suit also asked that they be enjoined from exchanging information concerning liquor prices. A STATELINE, NEV. (UPI) of the nations attorneys gathering general has ended with a call for states to repeal laws which require mandatory unanimous verdicts in noncapital criminal cases. The resolution, approved by a 21-- 9 vole, suggested that stales approve substantial laws allowing a of to a convict a jury majority" the if death penally is not person involved. The issue was the most holly debated of 10 resolutions approved by delegates to the National Association of Attorneys General. Others included support of a consumer protection authority for the federal trade commission, creation of a committee to investigate antitrust violations in the retail gasoline industry, and an expression of concern for prisoners of THURSDAY. JULY 13, 1972 - WASHINGTON (UPI) Backed by a favorable Supreme Court decision, Richmond, Va., Sarasola-BradentoFla., Huntsville, Ala., and Saginaw, Mich., are placing a $1 dollar departure tax on each airline n, passenger. The court has ruled that the cities can put the money into a fund to be used for construction and improvements of their airports. But a sixth city Philadelphia has carried its head lax program a step farther. It is taxing passengers $2 on arrival and $2 for departures. And the money will not go into an airport fund, but will be used as part of the general revenues. According to the Air Transport Association, a trade organization representing the major domestic airlines, 12 other cities have enacted citys war. By E. Michael Myers Associate HOUSTON (UPI) SUPREME COURT OF THE UNITED STATES Justice William 0. Douglas said here, July 6, that he feared recent Syllabus - Supreme Court decisions may result in the erosion of the protections of freedom. In this country we exalt the accusatorial system," and its presumption of a defendant's innocence until proven otherwise, Douglas said. Now we know it is being seriously eroded. Douglas, in an address before the annual convention of the State Bar of Texas, said a most conspicuous" example of this undermining were two cases ruled on this spring by the Supreme Court. Those cases held that in noncapital cases the states may convict with less than, unanimous jury verdicts," Douglas said. While the requirement of proof beyond a reasonable doubt is protected by the Sixth Amendment, it no longer controls state criminal trials. It is difficult to believe that with a verdict of 3 there is no reasonable doubt," Douglas said. Presumption of innocence, and proof beyond a reasonable doubt, have beat the hallmarks of the accusatorial system as contrasted to the inquisition," he said. Recent trends require us to reappraise the situation we are in, and to lake a closer look at the inquisition too which we seem headed." ' Douglas, a member of the liberal bloc on the High Court, said the jury system was basic to preventing political trials. The jury system, like all human institutions, has its faults, the jurist said. But it has overall served us well, not allowing ambitious prosecutors to gel very far with the political trial. The jury trial will be one of the momentous problems facing the nation in the years ahead." 9-- so-calle- d FAIRBANKS, ALSAKA (UPI) -The Alaska Supreme Court cleared the way for the incorporation of the world's largest local government a borough covering 56.5 million acres of tundra. Justice Roger Conner rejected an oil-ric- h effort by seven oil companies to hall certification of the June primary by 431 eskimos to create the borough, which will have the power to tax the firms' holding on Alaska North Slope. FIRST NATIONAL CITY BANK v. BANCO NACIONAL DE CUBA . CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT No. 70-2- Decided June 7, 1972 Argued February 22, 1972 95. but are not implementing them as yet. Another 24 cities are considering levying a head tax on airline passengers, the spokesman said. But the taxpayer is not taking kindly to the idea of buying an airline ticket and then paying to land or depart from an airport. Philadelphia, for example, began the lax last week, triggering long delays at airport terminals and irritating passengers to the point where they refused to pay the tax. enforcing Philadelphia officials no o) have ac- cused the airlines of trying to sabotage the city lax by allowing passengers to sign waivers asserting their refusal to pay the lax. But Philadelphia officials said passengers who refuse to pay will be warned that they are subject to fines ranging up to $300 and could face jail terms up to 90 days. The airline industry is hopeful congress will act to head off the confrontation. Federal Social Programs Reach $102 Billion NEW YORK (ACCN) This case involves a claim by respondent for excess collateral it had pledged with petitioner to secure a loan, and a rounterclnim by petitioner for that excess as an offset against the value of petitioners property in Cuba expropriated by Cuba without compensation. The District Court recognized that this Courts decision in Banco National de Cuba v. Sabbatino, 376 U. S. 398, holding that generally the courts of one nation will not sit in judgment on the acts of another nation within the latters territory (act. of state doctrine) would bar assertion of the counterclaim but concluded that congressional enactments had in effect overruled that decision. The court issued summary judgment for petitioner on all issues except the amount available for possible setoff. The Court of Appeals reversed, holding that. Sabbatino barred assertion of the counterclaim. Held: The . judgment is reversed. Pp. 2 Mr. Justice Rehnquist, joined by The Chief Justice and Mr. Justice White, concluded that since the Executive Branch, which is charged with the primary responsibility for the conduct of foreign affairs, has (contrary to the position it took in Sabba-tinexpressly represented to the Court that, the application of the act of state doctrine in this case would not advance the interests of American foreign policy, the decision in Bernstein v. Nederlandsche Amerikaansche, 210 F. 2d 375, should be adopted and approved, thus permitting judicial examination of the legal issues raised by the act of a foreign sovereign within its own territory. Pp. 1. Mr. Justice Douglas concluded that the central issue in this case is governed by National City Bank v. Republic of China, 348 U. S. 356 (holding that a sovereigns claim may be offset by post-Sabbati- head tax proposals, - Federal government benefits going to 50 or 60 million Americans in fiscal 1973 income through security will reach an estimated programs $102 billion, notes Tax Foundation, Inc. The outlays in cash or in kind, designed to care for the aged, the retired, the disabled, the sick, the unemployed and the poor will make up approximately 40 percent of the Federal budget for F.Y. 1973. Last year (1971), according to a report of the Department of Health, Education and Welfare, welfare costs alone, a part of this picture, rose $1.3 billion, or nearly 28 percent over the 1970 costs. Although HEW in its report said that tighter state rules on welfare eligibility had a braking" effect on relief costs, a comment ip a governmental ovfview of programs v states flatly: The present welfare system has failed. It is loo fa? gone for piecemeal improvement." .. The point made that the welfare rt system lacks incentives for is echoed by a recent report of he Joint Economic Committees Subcommittee on Fiscal Policy. J Two things, says the report, drmine relief recipients incentives 1 to Bernstein go to work or to increase their rfo the bv than or rather counterclaim setoff) a exception efforts. Sabbatino, and accordingly would allow the setoff up to hejr The first is the combinations of amount of respondents claim. Pp. 4. benefits (some reliefers gel as many as four Mr. Justice Powell, believing that Sabbatino's broad holddifferent benefit an If of when a person on act payments). ing was not compelled by the principles underlying the relief gets a job and earns some state doctrine, concluded that federal courts have an obligation money, he pays a higher price for to hear cases such as this one and to apply applicable international the food stamps he gets; also for his ' law. Pp -4. public housing rent. And his AFDC 442 F. 2d 530, reversed and remanded. grant (aid for dependent children) gets cut. The second undermining" factor, Rehnquist, J., announced the Court's judgment and delivered says the report, is the income an opinion in which Burger, C. J., and White, J., joined. Dougnotch," when benefits lost (as filed las, J., filed an opinion concurring in the result. Powell, J., earned income goes up), exceed an opinion concurring in the judgment. Brennan, J.. filed a dissentincome earned. Thus, family earning opinion, in which Stewart, Marshall, and Blackmuk, JJ., ings might rise only by $100, but program rules would result in a joined. benefit loss in excess of $300. 2-1- 1-- 1- f self-suppo- |