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Show WESTERN Faria lb Ordir Dxjrtimnt University of Utah Fait LakeCity, e112 Utah SALT VOLUME 16. NUMBER 146 Breach of Contract LOS ANGELES MERLIN JACKSON, Plaintiff V. & Appellant Trial Court: Verdict in favor of plaintiff. Supreme Court: Reversed. 17 Am. Jur. 2d Contracts 8 365 . . . a party guilty of a substantial or material breach of contract cannot complain if the other party thereafter refuses to pep form. Eldon A Eliason, Delta, Utah Plaintiff counsel: Defendant counsel: Lothaire Rich, 2815 E. 3365 S., Salt Lake City See details page 4. MURDER CONVICTION AFFIRMED UTAH v. ROBISON See details page 4. Aluminum Airport Statute Based on Model Tonnage Output Of Highway Fund Rose in June i WASHINGTON i 4 ) i i (UPI)- -A YORK NEW (ACCN) The aluminum industry in the U.S. produced an average of 11,335 short tons' of primary aluminum daily during June 1972, compared with an average of 10,833 tons a day in June 1971 and 11,175 tons a day in May 1972, the Aluminum Association said Act of 1970 to assure that money from the Trust Fund set up by the Act will go only for airport and airways development. This lays to rest fears in the air transport industry that part of the money would be diverted to general A federal has ruled that the nations judge largest association of credit bureaus may prohibit its members from using credit reporting forms provided by a competitor. The ruling in the case of Associated Credit Bureaus Inc. (ACB) involved the first government intervention in the affairs of has ruled against a challenge by 12 grandchildren in preserving the will of a college teacher who left $100,000 to a foundation that froze his body in hopes of bringing him back alive some day, Superior Court Judge Julius M. Title made the ruling here, July 14, in the case of James H. Bedford, Glendale, Calif., who died of lung cancer Jan. 12, 1967 at the age of 73. Bedford became the first person to have his body frozen after death in the srcalled science of cryogenics which will attempt to revive him if the disease which caused his death can be cured. Thirteen days before his death, Bedford revoked a trust set up for his 12 grandchildren and bequeathed the money to the international foundation for Cryonics Research administrative and maintenance today. The annual production rate for expenses of the Federal Aviation June 1972 was 4,148,610 tons. This of The air transport industry views compares with an annual rate month same the for tons 3,954,118 the 1970 Act as a landmark both in the scope of commitment and in the last year. May 1972 production rate was 4,090,074 tons. principle of funding. In June 1972, actual production The Act obligates the Federal totaled 340,047 tons. This compares Government to spend, under a with 324,996 tons for June 1971 and program, $250 million a year 1972. for airports, as well as $250 million a 346,427 tons for May year for airways, notably in navigational systems. It also establishes the principle-sim- ilar Two to that pioneered when the Federal highway trust fund was created that users of the nations To airports and airways should mainly support the cost of expanding and LEAA Administration. 10-ye- ar Appointed Justice, Posts improving them. Appropriations from Jhe ys WASHINGTON (ACCN) - Two trust While so-call- Texas Court Greatly Extends Right to Bail By Ann Arnold AUSTIN, TEX. (UPD-T- he Court of Criminal Appeals Texas has ruled that almost no one including accused murderers, rapists or armed robbers can be denied bail while they await trial in Texas. The Appeals court said, July 19, that the U.S. Supreme. Courts dicision against the death penalty abolished the only legal basis Texas judges had for refusing to set bail for persons accused of what were previously considered capital of- 1933. Indiana Court Wont Strike Abortion Law Inc. His grandchildren challenged the will, contending Bedford was unduly influenced to change the document. In his ruling, the' judge said the preponderance of the evidence showed Bedford had the mental capacity to knowingly revoke the' the personal view of this court may be that the spending of substantial monies on the science of cryogenics represents bad business or professional judgment, it is nevertheless not for this court to impose its own ideas as to whether the decedent should or not have determined to leave a substantial amount of his money for such a purpose. the judge said. the credit report industry since the issuance of an antitrust decree in ST. LOUIS, MO. (UPD judge . ress (ACCN)-Con-g- has amended the i Credit Bureau Can Force Use of Own Forms As Beneficiary COURT REVERSED WORK AND MATERIAL ACTION LOTHAIRE R. RICH, Defendant TUESDAY, AUGUST 1, 1972 Group Upheld Capsule ! CITY, UTAH Body Freezing Utah Supreme Court Decisions I LA KE ' (UPD-T- he INDIANAPOLIS Indiana Supreme Court has rejected the first challenge to this states 1905 abortion law and ruled that any change in it should be made in the legislature. In a four to one ruling, the court through an opinion written by Justice Donald Hunter found the law constitutional If this law appears too strict or harsh for some, the place to change it is not in the courts but in the legislature, Hunter said. The Indiana legislature for several years has considered the question of liberalizing the 1905 law tat has failed to act on it. The case came before the court on i appeal from the Vanderburgh Circuit Court in a case in which Warrick Circuit Court Judge Addison M. Beavers was special judge. Ollie Cheaney, also known as Mai Ownes, was found guilty of performing an abortion and was sentenced to the Indiana womens prison for up to 74 years. 2 States Seek Death Penalty Ban Rehearing - WASHINGTON (UPI) Lawyers for the states of Georgia and Texas and the City of Philadelphia have asked the Supreme Court to grant a rehearing on its 4 decision June 29 banning the death penalty. It requires the vote of five of the nine Justices, including one who voted with the majority, to order a rehearing of a court opinion. Only four of five rehearings have been granted in the past five years, a 5-- Trust Fund will be to important regional made under three broad categories: appointments posts have been announced by the engineering and development, Department of Justice. for equipment, and grants-in-ai- d On July 19, Edward M. Shaw, who airports. Its expected that has been serving for the past year as engineering and development will assistant U.S. attorney in New York require more than $100 million a City, was named to head the fenses. spokesman said. On June 29, the Court issued an grants-in-aiThe court then ordered a Houston year. Airport Departments anticrime strike force 0 following a matching formula in that city. judge to set bonds for two men ac- opinion upsetting the death penalty of Federal to local outlay, will go for, murder of but all nine Justices issued separate Shaw, 35, is a 1968 Harvard law cused in a gangland-styl- e other of construction among things, opinions. Five concurred for varying youth and the atgraduate who has been in private a runways, lighting, land purchases, practice in Manhattan as well as tempted murder of his companion. reasons while all four Nixon apand master planning. The two men, Pete Anthony pointees dissented. ) with serving an earlier tour ( The ruling banned capital punishSupplying the Trust Fund are a the U.S. attorney's office in New Contella, Jr., and Larry Lee number of user charges, including: York. In the strike force had been ordered held in jail ment for all crimes under existing post he An 8 percent tax on domestic succeeds Daniel Hollman, who without bond pending an August 14 state laws and procedures. Although airline fares; with the cases of resigned to enter private law trial for die March 28 slaying of Roy it dealt specifically A 5 percent tax on domestic men from two Howard Cements. Georgia and one from practice. airfreight rates; Prosecutors had argued against Texas, it affected more than 600 On July 21, Law Enforcement A tax on fuels Assistance Administrator Jerris releasing the two on bond on grounds persons on Death Row. for District Attorney Arlen Specter of aviation; and they were cold blooded killers and Leonard announced the appointment A tax on civil air- of David J. Dehlin of San Francisco might endanger the life of Cements Philadelphia, who with two assistant with from Georgia additional charges based as the new craft, regional administrator companion and sole witness to the attorneys general on weight and engine-type- . filed 19. Robert Earl papers for Everett, personally slaying, for LEAAs Dallas office. reconsideration orsaid 11 Further, the Trust Fund now gets A Houston judge on April rehearing, Dehlin will direct LEAA activities the revenues which formerly went in should be granted in two Pennheld Contella and dered McDougal Louisiana, New Arkansas, elsewhere from excise taxes on death Mexico, Oklahoma and Texas. He without bond on the basis of a sylvania cases because the aircraft tires and tubes. in a random is not Texas constitution in the applied penalty joined LEAA in 1970 and has held provison Welcome as the 1970 Act is to the administrative posts in the Chicago permitting denial of bail to an ac- or wanton manner in his state. industry, it has at least one serious and San Francisco offices his most cused criminal in cases where there Georgia asked for rehearing of 13 flaw, in the view of Stuart G. Tipton, recent as from the state on grounds the cases death likelihood the a was good deputy regional director of court had ignored its own rules president of the Air Transport the latter. high penalty might be assessed. . d, . 50-5- 1963-67- Mc-Doug- al, $25-a-ye- ar Association. U.S. District Judge Roy W. Harper ruled July 14, that to prevent the firm from requiring a standard credit reporting method would completely destroy any uniformity in credit reporting between ACB members, drastically inhibit any effective quality control on the part of ACB and could result in the unreliability of credit reports." ACB has used a system since 1906 by which credit information is relayed by the firm among its 2,200 members bureaus. Payment is made through the use of'arcoupon system in which the firm receives revenue by acting as a middleman. The competing firm, Credit Bureau Reports, Inc., (CBR), asked 1,900 ACB members to consider using its reporting forms, but Associated told the members their memberships would be canceled if the CBR forms were used. Hie government filed suit last fall, charging that Associated Credit Bureaus violated the 1933 antitrust decree by coercing its members to boycott the competing firm. The decree prohibits monopolization of the credit reporting business. , Canada Leads World in Life Policy Owners NEW YORK (ACCN) Canada continues to lead the world in life insurance ownership, the Institute of Life Insurance reports. The United States ranks second, followed by New Zealand, Sweden, Japan, Australia, the Netherlands and the United Kingdom. These eight countries are the only ones in which the lives of residents are insured for more than the annual national income and five of the eight countries are English-speakin- g. The standings are based on the ratio of life insurance in force to national income for 1970, the latest year for which figures are available. Canada, whose total life insurance ownership was $130 billion, had the best ratio: $2.00 of life insurance protection for each $1.00 of national income. The United States followed with $1.76 of protection to $1.00 of income, while New Zealand ranked third with $1.71 The figures for the other countries were: Sweden (somewhat older data) $1.54, Japan $1.31, Australia and the Netherlands $1.22, and the United Kingdom $1.13. Of the 23 countries surveyed only two Ecuador and Finland showed a drop in the ratio of life insurance to national income in the period from 1965 to 1970. The highest gain over the five-yeperiod was registered by Japan with an increase of 40 percentage points, going from $.91 to $1.31 of life insurance ownership for each $1.00 of national income. ar Other impressive gains were recorded with New Zealand picking up 35 percentage points, Australia and the United Kingdom each 27, the United States 17, Israel 16, Sweden and Denmark each 15, France and Brazil each 10, Canada 9. In 1970, total life insurance in force in the United States ammounted to $1,403 billion. |