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Show Psriulb Qvtizt University of utnh Felt lokeCity, 0112 Utnh i . i WESTERN AMERICANA i j i i SALT LAKE VOLUME 16, NUMBER 169 Friday; September i, 1972 CITY, UTAH ! j j 1 Utah Supreme Court Decisions . m U.S. Crime Rate U.S. Labor Costs Show ffllf Plenary Trial To Determine 30 DAY NOTICE REQUIRED WINGETS, INC., Plaintiff v. WASHINGTON one-thir- FRANKLIN BITTERS, MYRAL F. & JOCELYN BITTERS, PAUL C. TERS, Defendants and Appellants & ALAIN BIT Summary judgment against Bitters for $92,392.21 . . . balance due on contract price of $130,000 which seller declared "immediately due and payable' on grounds of default. Supreme Court: A genuine issue of fact raised . . . whether in the execution of the contract it was intended that if the seller decided to cancel out the rights of the buyers it was required to give a notice of 30 days to allow them to remedy any de- fault Justice (UPI)-T- he Department Monday reported a 7 per cent increase in all serious crimes last year, victimizing said Trial Court: nearly 3 of every 100 citizens, despite actual reductions in many big cities. first quarter of . . CERTIORARI TO THE UNITED STATES 'aTE2. 0 & OF AEBEAg$i!&R THE FIRST CIRCUIT No. FRANCISCO (ACCN)-Califo- mia the particular case so much as to the judges may now begin to general operation of the system. It is take on a new the here that the judge is as well qualified as anybody to answer the judicial system. Bert Ballard, director of the criticism." Conference of California Judges However, he said, "judges tend to "Project Benchmark" recently sent still rely on the traditional duty of a letter to presiding judges of all the the Bar to come to the aid of the state courts in California. Included judiciary." A high ranking member of the in the letter were a story and an editorial critical of the court, and a State Bar concurred, saying that the judge's reply which ran in the same Bar has come to the support of the courts many times when it conpaper. relations officer sidered criticism either unfair or Ballard, of the California State Bar, said the unanswerable. For example, he said, it is unfair articles were to serve as guides for when judges are attacked as they judges who desired to answer were after the recent ruling on the criticism. death penalty, by the people who On October 16, 1971, the Conference of California Judges adopted appointed them. There is also some criticism that a guide for judges in answering criticism. The guide set out what people in public office cannot afford sort of criticism should be answered, to respond to. because they would have to "fight it out in the gutter," how and when. Ballard said that his recent letter he said. However, he commented, there to presiding judges was a follow up; are many areas where judges can a way of showing the judges how it should reply. and should be done. He said this was the first instalment and other models would follow when they became available. The judges should know, he said, "that they have a perfect right so far as our Conference is concerned to go ahead and answer criticism on merit, especially if the attacks.. .are on the operation of the court system. We dont want diem to think that (UPI)-T- he WASHINGTON are helpless." they Administrations estimate that We used to think, he added, 300,000 new auto industry jobs would "that it was unbecoming of a judge be created by repealing the to defend his court. This usually automobile excise tax has failed to went to the matter of defending...a materialize, Rep. Charles Vanik, decision he had made. But in recent said Tuesday. years the criticism has not gone to Vanik said an analysis shows that the repeal costs the Treasury $2.6 billion in revenue since it was adopted, but did not increase employment. Vanik is a member of the tax-writing House Ways and Means Committee, which supported the Administrations proposal last year when it was presented by then Treasury Secretary John Connally. (ACCN)- -A WASHINGTON "At that time, Vanik said in a specially trained task force of Texas statement, "his specific promise narcotics officers operations in that was that 600,000 additional domestic state in an effort to prevent the automobile sales can be translated diversion of legally manufactured directly into 150,000 additional drugs to the street market. pilot jobs. As part of a three-stat- e The auto industry sold 8.5 million of32 of force program, an initial cars during the 1972 model year ficers from various Texas cities with 7.3 million for the have been formed into the first compared 1971 model year, said Vanik. The 1.2 Diversion Investigation Unit (DIU) million increase should have to take to the field to combat the flow 300,000 jobs by Connally's of drugs from the legitimate retail produced estimate. market to street pushers. Argued April 71-10- 17.. 19-2- 0, 1972 levels Decided Juno 29, 1972 ' A ! ex-pub- lic I i J i i Texas Drug Task Force Test Begun 1 I property Kilboum v. Thompson, 103 U. S. ICS; Dombrowski v. Eastland, 3S7 U. S. 82 ; and PoweU v. McCormack, 395 U. S. 4SG, distinguished. Pp. 2. The Speech or Debate Clause docs not extend immunity to the Senator's aide from testifying before the grand jury about the alleged arrangement for private publication of the Pentagon 7--15. Together with No. certiorari to tho same court. 71-10- 26, United States v. Gravel, also on 1 Papers, as such publication had no connection with the legislative 0. process. Pp. 3. The aide, similarly, had no nonconst itutional testimonial privilege from being questioned by the grand jury in connection with its inquiry into whether private publication of the Papers violated federal law. P. 20. 15-2- , of government. crimes burglary, Suburban areas recorded an average increase of 11 per cent and the rise in rural areas was put at 6 per cent. As expected, the greatest number of crimes were reported in the most heavily populated Northeastern and Western states. And as in the previous three years, firearms were the most commonly 4. The Court of Appeals protective order was overly broad in enjoining interrogation of the aide with respect to any act, in the broadest sense, that he performed within the scope of his employment, since the aides immunity extended only to legislative acts as to which the Senator would be immune. And the aide may be questioned by the grand jury about the source of classified documents in the Senators possession, as long as the questioning implicates no legislative act. The order in other respects would suffice if it forbade questioning the aide or others about the conduct Qr motives of the Senator or his aides at the subcommittee meeting; communications between the Senator and his aides relating to that meeting or any legislative act of the Senator; or steps of the Senator or his aides preparatory for the meeting, crimes. Pp. 20-2- 2. if not relevant to third-part- y used weapons accounting for 51 per cent of all murders and 25 per cent of the aggravated assaults. The FBI reports gave this breakdown for violent crimes: Murders rose 11 per cent to an estimated 17,630 for the year, with 44 per cent of them in southern states and most of the total committed by relatives or acquaintances of the 455 F. 2d 753, vacated and remanded. White, J., wrote the opinion of the Court, in which Burger, C. J., and Blacxmux, Powell, and Rehxquist, JJ., joined. Stewart, J., filed an opinion dissenting in part. Douglas, J., filed a dissenting opinion. Bkexxax, J., filed a dissenting opinion, in which Douglas and Marshall, JJ., joined. 1 larceny over $50 and auto theft and up 7 per cent from last year. The risk of being a victim of one of these crimes, according to the reports, rose 6 per cent during the year and stood at 74 per cent over 1966. Of every 100,000 Americans, 393 were victims of violent crimes and 2,514 of property crimes. For purposes of comparison, the reports said the overall serious crime rate had increased 11 per cent in 1966, 16 per cent in 1967, 17 per cent in 1968, 12 per cent in 1969 and 11 per cent in 1970. Kleindienst pointed out that improvement was particularly marked in the nations biggest cities, with 54 of them actually reducing their crime rate last year more than twice the 22 which saw decreases in 1970. And in the first quarter of this year, he said the figure had climbed to 80 cities with more than 250,000 residents. himself. D-Oh- i. United States Senator read to a subcommittee from classified documents (the Pentagon Papers), which he then placed in the public record. The press reported that, the Senator had arranged for private publication of the Papers. A grand jury investigating whether violations of federal law were implicated, subpoenaed an aide to the Senator. The Senator, as an intervonor, moved to quash the subpoena, contending that it would violate the Speech or Debate Clause to compel tho aide to testify. The District Court denied the motion but limited the questioning of the aide. The Court of Appeals affirmed the denial but modified the protective order, ruling that congressional aides and other persons may not be questioned regarding legislative acts and that, though the private publication was not constitutionally protected, a common-laprivilege similar to the privilege of protecting executive officials from liability for libel, sec Barr v. Matteo, 3G0 U. S. 564, barred questioning the aide concerning such publication. Held: 1. The Speech or Debate Clause applies not only to a Member of Congress but also to his aide, insofar os the aides conduct would be a protected legislative act if performed by the Member w Hailed Auto Job Rise Said Meager with a Only 20 per cent of all serious crimes reported in 1971 were solved and 68 per cent of those arrested for a federal offense had a previous criminal record. The FBI reports, based on nationwide police statistics, said a total of 5,995,200 serious crimes were committed last year. Of those, 810,000 were in the "violent category murder, rape, assault or robbery and 11 per cent more than total. The rest were 1970s SAN role-defen- ding indicated per cent increase over the same period last year being the smallest for that time frame in 11 years. But crime is still increasing, he said, and "this is a matter that must continue to be of foremost concern to law enforcement agencies at all Syllabus Defend Court System i 1972 continuing improvement, GRAVEL v. UNITED i But Attorney Genreal Richard G. Kleindienst noting that the rise was the smallest since 1966 and that 1971 was the third straight year in which the rate of growth had slowed said the administration was by the statistical "encouraged in the FBIs annual trend shown uniform crime reports. Moreover, he said records for the SUPBEME COURT OF THE UNITED STATES Plaintiff counsel: Louis Brent Hoggan, Logan, Utah Defendant counsel: Mann & Hatfield, Brigham City, Utah See details page 3 .! Attorney General NEW YORK (UPI) Unit labor costs in U.S. manufacturing industries last year rose by less than d the rates of increase in Canada, Japan and most European countries, the U.S. Labor Department's Bureau of Labor Statistics . victim. Aggravated assault cases increased 10 per cent to a total of 364,000, with volume again greatest in southern states (39 per cent) and, like murders, most incidents occurring within the family unit, among neighbors or friends. Forcible rapes totalled an estimated the year 41,890 up 11 , i Slowing, Claims Decrease TO REMEDY DEFAULT ON CONTRACT? i per cent for |