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Show Hdut o WESTERN AMERICANA Faria lb Ord:r Department , University of Utah Fait LokeCity Utah 0112 SALT LAKE CITY, UTAH VOLUME 16, NUMBER 154 Utah Supreme Court Decisions m New York City For Apprentice Barbers tcun of specialists has recommended that a single adNEW YORK (UPI)- -A IMMEDIATE SUPERVISION DOES NOT IMPLY CONSTANTLY AT HAND management IGNACIO JOHN SALAZAR and JOSEPH FELIX FRANCOEUR, Plaintiffs and Appellants v. FLOYD W. McGINN, Director, Department of Registration, Business Regulation, State of Utah, Defendant Trial Court: Suspended barbering licenses of plaintiffs. Supreme Court: REVERSED . . . We do not believe that the legislature intended that the phrase immediate supervision required that the master or licensed barber be required to remain constantly at hand while the apprentice was administering to the needs of the customers. Plaintiff counsel: Galen Ross, 731 E. S. Temple Defendant counsel: Vernon B. Romney, Verl R. Topham, Grant Kesler Sea details pags 4 Creditors Seek Foreclosure Of Penn Central Rail Road PHILADELPHIA (UPI)-- A petition urging the federal court to put the interest of creditors of the bankrupt Penn Central Railroad ahead of the trustees desire to revive the railroad as a viable property has been filed here by 20 large creditors. TTie plaintiffs include eight of the nations biggest banks and 12 major insurance companies. All are secured creditors. The trustee of the New Haven Railroad also is a plaintiff. The petition charged that the preliminary reorganization plan for the Penn Central recently proposed by the trustees was overly optimistic about the railroads long-rang- e prospects. The plaintiffs were particularly pessimistic about the trustees' belief that expanded piggyback freight traffic can solve the line's problems. They said they feared the trustees were establishing n rates for this business and were spending too much money to attract it and serve it. The petition implied that the Nader Proposes Voting Be Made Mandatory major secured creditors do not believe the railroad can be reorganized as a viable enterprise. The petition said bluntly that once it becomes dear that the railroad cannot be reorganized on the basis of earnings, there no longer is any legal basis for the further erosion of creditors security nor for the further suspension of creditors rights. Connecticut Now Bases Welfare On Family Size conHARTFORD (UPI)-T- he troversial Conneticut family assistance plan, or flat grant, welfare payment system went into effect August 1, after weathering court challenges to its constitutionality. The plan bases payments to recipients in the Aid to Families 4 ministrative judge supervise both the criminal courts and the criminal divisions of the State Supreme Court in New York City as a means of dealing with the enormous case backlogs in the courts. The study, released by Presiding Justice Harold A. Stevens and Samuel Rabin of the Appellate Divisions First and Second Judicial Departments, Mid the administrative judge should be nominated by and report directly to the Appellate Division. The judge would take over the function of assigning judges to cases which is currently being done by the Appellate Division. The study .also calls for consolidation of clerical support and administration of security services into a single system to serve the Supreme Court criminal branch and the Criminal Court for the City of New York. It was recommended that the court calendaring functions of the district attorneys office be transferred to the darks office of the Supreme Court. combined The number of Court Supreme Court-Criminparts, staffed by Criminal Court al Judges designated as Acting Supreme Court Justices,, would be increased under the proposal. In a statement accompanying the study, Stevens and Rabin said we intend to give these recommendations our most careful consideration and wherever practicable and legally permissible, we hope to extent of implementation will depend on adequate funding wherever necessary by the fiscal authorities." The study into felony case hanthe Supreme Court was dling sponsored by the economic Development Council of New York whose earlier recommendations for the Criminal Court were credited with helping reduce tiie Criminal Court backlog from 59,000 cases to 17,000. While the Criminal Court backlog was being reduced, the Supreme Court backlog was growing. "The growing number of felony City, with Dependent Children category defendants awaiting disposition of solely on a familys size, rather than their cases by the Supreme Court on individual needs. has become the primary cause of Its advocates have maintained the of detention overcrowding system will induce financial facilities, the study said. responsibility in redpients, leaving them to manage their budgets rather than depend on die state . welfare department. But, groups of recipients who challenged the plan in U.S. District Court in Hartford as well as Hartford Superior Court claimed it is Jersey to Let Women Try Fire, Police Tests unconstitutional. WASHINGTON Originally designed to take effect New Nader has proposed that voting in last November 1, the plan was TRENTON, N.J. (UPI)-T- he national elections be made man- blocked three days before by a Jersey Civil Service Commission federal court injunction, later lifted has announced that it has recondatory. women on June IS. of Addressing a league sidered its men-onl- y policy and The plaintiffs in the federal action decided to allow women to file apvoters meeting here, August 2, Nader also proposed that election had objected to a provision to base plications, take examinations and payments on 85 per cent of actual be appointed as regular police and day be scheduled for Veterans Day. he most need, a IS per cent reduction. But the important step, fire officers. After the injunction, the state, at make to voting In the past, the Department adsaid, would be asked and of the court, ministered separate examinations mandatory. In Australia, where it is, the direction the voting percentage readies 92 got approval of the plan from the for the position of policewoman, with and there is no big controversy Department of Health, Education the duties more limited in scope than and Welfare, which has supported it those of patrolmen. about the requirement in several states. in the We no longer can relax James A AUoway, Civil Service revised the system to Commission exstate The not we need that belief president, Mid the happy on 100 allocate computed payments in our voting preferences, policy was spearked by a change press to and the cent challenge need, to consider We've of women in Hoboken who said. per Nader got group the dismessed was the by plan filed applications to join the police our citizen obligations. federal court force as patrolmen. (UPI)-Ra- lph & Administrative Judge Urged for A ( FRIDAY, AUGUST 11, 1972 IRS Sets Hearing for Depreciation Rules WASHINGTON (AOCN) A public Commissioner of Internal Revenue, Attention: CC:LR:T, Washington, hearing on proposed regulations relating to depreciation based on class lives for property first placed in service before January 1, 1971, will beheld, August 24, at 10:00 A.M. D.C., 20224, or by telephoning in Room 3313, Internal Revenue Service Building, nil Constitution Avenue, N.W. Washington, D.C. . The proposed regulations under section 167 of the Internal Revenue Code of 1954 appeared in the Federal Register for April 22, 1972. The hearing is to be conducted under section 601.601(a)(3) of the IRS Statement of Procedural Rules. Copies of these rules will be furnished on request by writing to the . (Washington, D.C.) Under these rules, persons who wish to present oral comments, in addition to having submitted written comments or suggestions within the time prescribed invffir notice of proposed rule Rolling, should submit by Augugftl. 1972, an outline of the topicsarraijie time they to spend K&qtftbpicfihe o should submitted to the' missioher oftnternalitevenjfcat the above address. Persons who desirda copy of written comments, , suggestions or outlines and want to be assured of their availability on or before the BNDD beginning of the hearing should write to the Commissioner at the above address by August 16, 1972. In such a case, unless time and circumstances permit otherwise, copies are available only at the above address. The charge for -CWASHINGTON (ACCN) is 25 cents per page, subject was copies harges that the Unitedof States to a minimum charge of one dollar. 26 tons of duped in the burning in March 7, Thailand last opium have been denied by the Bureau of Narcotics and Dangerous Drugs -- Denies Thais Faked Opium Burning (BNDD). The charge was leveled, July 31, by columnist Jack Anderson who Mid the Thai government was victimized when "fodder with only a slight percentage of opium was burned by the Thais who hailed the destruction of the narcotics. Andrew C. Tartaglino, Deputy Director of the BNDD, termed Andersons charges irresponsible effort and damaging to the Thai-U.to crackdown on the flow of drugs to illicit world markets. He pointed out that two narcotics experts from BNDD were on hand at a military base near Chiang Mai where the opium was collected and burned. A senior forensic chemist for BNDD, Joseph E. Koles, and BNDD Southeast Asia Regional Director William T. Wanzeck collected samples at random and tested smears from each of the 319 bags of raw opium that was later burned by the Thais, Tartaglino told a press conference, August 1. Anderson had said that "either through corruption or stupidity, the Thai officials failed to test the huge mounds of opium before they soaked it with gasoline and put it to the torch. At the press conference, Tartaglino introduced films of the Thai opium burning which showed Koles and Wanzeck collecting and testing samples from the stacks of bags containing the raw opium. All the samples tested exhibited all the characteristics of genuine opium, said Koles, a forensic chemist since 1958 who has tested thousands of opium samples from all over the world. The opium was in individually wrapped balls weighing between 185 and 191 pounds. The balls were wrapped in leaves, paper and plastic and sealed in 319 burlap bags. Tartaglino reported the BNDD representatives sampled each of the bags by randomly cutting into each with a knife and withdrawing a small amount of the contents with a wooden applicator stick. Each stick was placed in a test tube and later examined under a microscope. S. Battle Turning On Tax Credits By Louis Cassels United Press International The Long and complex battle over public aid to parochial schools appears to have narrowed down to one question: Will the U.S. Supreme Court accept as constitutional a system under which parents are allowed to claim tax credits for part of the tuition they pay to private schools? Legislation to authorize such credits on federal income tax returns is pending in Congress, and has the backing of President Nixon. Meanwhile, several states with large Catholic populations are going forward on their own with laws authorizing parents to deduct from state income taxes some or all of their outlays on education. are Opponents of Parochiad gearing up to challenge these laws in the courts, and its just a question of time before the whole issue lands in the U.S. Supreme Court. Catholic leaders feel that a great deal is riding on this impending constitutional test. "If the tax credit proposal endorsed by President Nixon should be ruled uncons titutiohal by the courts, I can see little hope for public money, says the Rev. Ernest L. Bartell, a prominent Catholic school economist. Recent precedents do not offer Catholics much encouragement. Three-judg- e federal courts have struck down state laws in New York and Pennsylvania providing for direct reimbursement to parents of tuition costs. Some lawyers find it hard to see any basic difference, constitutionally, between a direct reimbursement and a tax credit. Other legal authorities point out, however, that the courts have never non-publ- ic objected to the long-standi- ng provision of federal income tax law which allows taxpayers to claim deductions for contributions to churches. |