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Show mMlL Fa rial, Onj'.r University nf Uth Fait LukeCity, Ub'h t'312 SALT LAKE CITY, UTAH VOLUME 1$. NUMBER 201 Supreme Court Rejects Challenge To Vietnam War Constitutionality By Charlotte Moulton been in effect in numerous instances since June 15, 1971. Refused to disturb lower court decisions that an army regulation which allows base commanders to control distribution of publications on their installations is constitutional. The latest unsuccessful Vietnam war challenge originated in a Los - The WASHINGTON (UPI) 2 in vote a Court Monday Supreme rejected one more in a long series of legal challenges that the Vietnam war was unconstitutional. Justices William 0. Douglas and William J. Brennan Jr. dissented vigorously, saying no declaration of war had been made by Congress and that the question really was the Angeles Federal District Court where three men claimed that of 7-- "a presidential constitutionality war." The court acted in a case where three Californians who claimed Congress illegally delegated its war declaration powers to the President in 1961. It takes the vote of four justices to place a case on the courts docket for a hearing and an ultimate formal decision. In another action, the court declined to hear an appeal of an antiwar group against the use by the government of the 1917 Trading with the Enemy Act to prevent the distribution of unsolicited material mailed the group from North Vietnam. In other major actions, the court: Refused to delay a lower courts order calling f or busing of about 14,000 public students in Memphis next January, and also refused to speed up consideration of a busing case from Richmond, Va. Declined to review lower court rulings from Ohio which exempted the auto insurance business from federal antitrust laws on grounds the state exercises regulatory powers in the field. The unsuccessful challenge of the exemption was brought by the Ohio AFL-CIAgreed to hear a Georgia case to decide whether the 1965 voting rights act protecting political rights of O. Congress grant the governments request for an injunction against the Courier but did rule that the law does apply to newspapers and is constitutional, The 4th U.S. Circuit Court of Appeals upheld the lower court ruling April 29, 1972. Hunter argued that the 1968 law owners, only dwelling brokers and lending institutions. He said the courts interpretation of the racial minorities applies to state law means newspapers must publish at their peril, undo: the legislative reapportionments. At advertising burden of making instantaneous issue was the right of the Justice on whether or not the ads judgments Department to veto such in Georgia and other are discriminatory. states with past records of low voter "It is forced to make judgments about an advertisers intention on participation. Let stand lower rulings that it is pain of suffering protracted constitutional for persons entering litigation with the Justice DepartU.S. Courthouses to be subjected to ment, Hunter argued in papers searches for gins and explosives. filed with the Supreme Court. Placing the newspaper in this George Barrett, a Nashville lawyer, challenged the practice which has position as the Justice Departments enforcement arm creates a subtle reap-portionme- said it was the same as requiring a publisher to judge whether or not a product ad is misleading or false, a situation in which newspapers now are relieved of responsibility for "false advertising. He so-calle- d unconstitutionally delegated its war powers to the president when it passed the Foreign Assistance Act in 1961. The court also refused Monday to disturb a lower court ruling that newspapers are subject to the 1968 Fair Housing Act ban on publication of racially discriminatory real estate or housing advertisements. The court vote was 8 to 1 with Justice William 0. Douglas wanting to hear the case. It was brought by Bill R. Hunter, publisher of the Courier, a weekly newspaper in Silver Spring, Md., just outside Washington. The Justice Department sued Hunter in 1970 in the first action of its kind when he ran two ads for apartments which said they were in a "White Home. U.S. District Court Judge Roszel C. Thomsen of Baltimore refused to covers and impermissible inroad on a free and untrammeled press, Hunter added. nt Utah Supreme Court Decisions See page 4 A CITY CANNOT ANNEX ADJACENT TERRITORY LYING IN ANOTHER COUNTY. Opinion prepared by Vernon B. Romney, Attorney General and Homer Holmgren, Asst Attorney General. Question raised by David E. West, City Attorney, North Salt Lake. See details page 6 . Banker Sees Radical Change For Business ANGELES (ACCN)-T- he question is not will industry and institutions change in the 70s? but LOS Margol, vice of Security Pacific how?, Irving president National Banks Manpower Planning and Development Division, told participants at the 23rd annual Western Systems Conference here, October 10. MEETING OF NEW CORPORATION By James W. Freed I will not say anything about bylaws except to note that every corporation should have a set The primary purpose is general corporate housekeeping setting forth any committees created and their responsibilities, fiscal year, annual meeting, officers, etc. The next step is the organizational meeting of the Board of Direc-tor- s. This is, very important and the minutes should be drafted by a lawyer. V. Check List for Contents of Minutes of Organizational Meeting of the Board of Directors. 1. Copy of Articles introduced and placed in the Minute Book. 2. Presentation and adoption s. of 3. Nomination and election of officers. 4. Salaries and other compenBy-Law- sation. May either set 5. amounts or delegate that authority to certain designated officers. Adoption of form of stock certificate. Specimen in Minute Book. 6. Adoption of form of seal. 7. Establish bank account, ne- cessary signatures, and insert form of bank resolution. fees. 9. Issuance of stock and report on receipt of consideration for stock, a. Establish value of stock. 10. Resolution and plan for Section 1244 stock. 11. Selection of CPA 12. Resolutions for any necessary tax elections. 13. Authorize payment of expenses and fees incident to organization of corporation. Next Preferred Stock of a New Corporation. 8. Directors v management from industries Southern California professionals AND ORGANIZATIONAL S Colorados Problem Could Be Utahs Gain in 76 By Daniel K. Cunningham Daily Record Columnist A few years ago Utah failed to win the U.S. nomination for the 1976 winter Olympic site. And, on the surface, there was some weeping and gnashing of teeth. "But Utah wasnt really trying to win any-waThe state ; did it for the only publicity," says a tourist i n dustry who executive, adds: "If wed won, where would all those people stay?" And he has a Mr. Cunningham point. Colorado, according to The Wall y. Economic Periscope ByLeeRuwitch Miami Review PRESENT SHOCK. Thumb back a moment. Ten years ago who among Systems BY-LAW- THURSDAY, OCTOBER 19. 1972 us would have predicted that Richard Nixon-a-s President would be offering cordial toasts in Red China, and seeking a mutually agreeable accommodation with communist leaders in Russia? The pace, the scope and depth of change in our nation today are creating present shock. In this climate, business leaders need to un .erstand and adapt to the changes that are remaking our physical, social and economic worlds. In a rapidly changing business environment, where our choices are anything but clearcut, this much at least is certain: If you cant fight it, you had better join it. JOB HOPPING As the economy moves closer to its maximum output in the business expansion during 1973, demand pressures will intensify for labor where shortages exist. The demand for specific skills will lead to shortages in some sectors of the economy. Then look for massive job hopping, if wage hikes are curtailed by the Pay Board. This will result in gross inefficiency and frustration and lower overall productivity. throughout attended the conference. POLITICAL POWER v. THE "In the midst of this change, only PRESS The traditional adversary three things remain certain about the future: (1) it will appear relationship between government radically different from the past; and the press is easy to explain. (2) it will seem somewhat different Every party in power comes to from the present; and (3) it will believe that it has the right and the responsibility to manipulate the develop differently from the exadministration people in the pected, continued Margol. national of shift will a cause This change interest, as the administration defines that interest. emphasis in some departments of corporations which in the past Broadcasters depend on government license to operate, a situation shows. represented "one-ma- n that permits leverage by the White become will These departments team efforts in which all the House and Congress. While these members work according to their individuals believe in a free press, abilities and potentials. they question the right of the press to criticize The principal purpose of the major national policies. Thus the continuing conflict. conference sought the advancement of the systems management Objectivity in reporting is difficult. There is bias and inprofession through the comd munication of systems-relatecompetence in journalism as there is ideas, concepts, techniques and in every profession. Then add the educational information to the element of secrecy surrounding business community at large and governmental operations and those professionals engaged in the journalists become skeptical as the and struggle between government and development systems the press continues. management field. Street Journal, expects some 91,000 visitors for the 76 Winter Olympics. Fearing environmental and economic damage, Colorado liberals, fiscal conservatives and environmentalists have banded together and forced an upcoming referendum election on the Olympics. Gazing across the Rockies at CfoloraAeontmversy, Bill Sayler, acting direnotw fIVeLU tah, commented: , "We are trying to, promote 'SkF Utah in 76fWhy? Because its go(oVer .there. ing to be Mr.fSavler hopes alotM affluent sKb&tljeschedule their annual trips fo"Aspe(Mjid yell and visit Utah instead during tfte Olympics. "The average skier doesnt care about crowded hills but he doesnt want to be with 91,000 people." (Writers note: In the competition for the ski dollar, Colorado doesnt concede Utah anything. Protest signs in that state read: Ski Kansas.) Overall, Mr. Savler sees a bright future for Utah tourism and economic growth. He lived in Arizona for 10 years and noted that it was the fastest growing state in the nation in the 60s. "Why? Where else could people go that wasnt already developed? "Our (Utahs) time is coming. It will take five more years to become readily evident hut its starting to happen now." Mr. Sayler named a list of new motel chains in the Salt Lake City area. "This represents a thousand more rooms in just four years. The scene is changing. One reason is the Salt Palace." But, he said, there is another side to the coin. "Now that were starting to get into the hotel and convention business, we may create a problem that never existed before in this city we may be actually overbuilt." This problem if it does become me would result in a displacement The smaller ma and pa" motels would be replaced by the franchised motor hotels. There should be a gain in employment however. The Royal Inn, for example, employs 75 to 100 people. And though some of the profits are lost to the franchisor, there is a corresponding benefit from the payroll a large motel generates. "One of the toughest problems is trying to educate people as to what the tourist dollar means. But theres been a turn around in attitudes at such towns as Richfield, Salina and Gunnison," Mr. Sayler concluded. y7' Otau a4ni Capsule Comment As for the future, Utah presumably will continue to promote itself by seeking winter Olympic nominations and hoping it doesnt win. - WASHINGTON (UPI) Attorney General Richard G. Kleindienst said Monday in the first Justice. Department review of federal law enforcement activities that there were indications crime is declining. Kleindienst submitted the review, which was originally scheduled for 1971, to Congress as required under the 1970 Omnibus Crime Control Act. e The review lists major laws passed in the last decade and 542-pag- describes the law enforcement activities of all departments and agencies of the federal government In addition to the Justice |