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Show rtfP-.ri- f University f Ut;Jh LQkeCity, U:,n t oj 2 2 WESTERN AMERICANA VOLUME 16, NUMBER 207 SALT LAKE Five Times Since 1943 flpmlf NUMEROUS BAD CHECK AMENDMENTS BY LEGISLATURE CAUSE PROBLEMS OF INTENT AND MEANING UTAH v. RICHARD B. DOLAN Trial Court: Convicted on felony charge and sentenced to term not to exceed five years after serving 90 days for misdemeanor pleading. We think it Supreme Court: Affirmed. No double jeopardy. (legislature) intended to permit prosecutors to proup checks . written within a period and thus secure a felony conviction rather than proceed on numerous misdemeanor charges." Justice A. H. Eilett in writing the majority opinion noted: The critical problem before us is a determination of what is meant If such by words series of the same." (Section check, draft or order or a series of the same . . .). Since 1943 the legislature has amended the statute on bad checks five times, to wit: In 1945, 1953, 1955, 1965 and lastly in 1969. It is difficult to determine the legislative intention when amendments are so often made. State counsel: Vernon B. Romney, David S. Young, Wm. T. Evans Defendant counsel: Florence & Hutchison, John B. Hutchison, Rita G. James, 818 26 St, Ogden See details page 3 .... six-mon- th Mint Making Less Coins - The U.S. NEW YORK (ACCN) Mint says it is going to turn out 224 million fewer coins than it did last year but by so doing it figures to ... Consumer Rating More Optimistic For 3d Quarter ANN ARBOR, MICH. (UPI)-Consu- mer became attitudes more optimistic during save the taxpayer an estimated decidedly the third quarter of 197$, according $400,000, notes Tax Foundation, Inc. to the University of Michigan's Production of 8.4 billion coins Institute of Social Research. (dimes, quarters, nickels, etc.) will The latest index of consumer cost an estimated $14.9 million in determined by the fiscal 1973 as against the $15.3 sentiment, Research million cost of turning out 8.6 billion University's Survey at stands Center 94.0, or or 4.7 (SRC) coins in F.Y. 1972. The Bureau of the than in the second Mint's spokesman says that of the points higher 8.4 billion to be made in F.Y. 1973, quarter. Three consecutive quarterly gains the number of silver dollars (188 added almost 12 points to the have million) will be the smallest. The since late 1971, so that nearly Index largest drop will be in the production all of the deterioration in sentiment of pennies, from 6.5 billion to 6.3 during 1969 and 1970 has now been billion. But on a unit cost per 1,000 coins recovered. . by denomination, only the pennies will be cheaper to produce, Mint estimates indicate. Pennies will be about 6 cents less per unit of 1,000 to turn out, $1.30 vs $1.36, whereas production of silver dollars on a unit basis will go up by 7 cents, from per 1,000 to $10.37. In a before testimony Congressional committee, a Mint (UPI)-T- he WASHINGTON representative told of a new smoke let stand, October 24, wash" procedure designed to cut air Supreme Court Maritime ComFederal pollution at the Philadelphia mint. a This word of a Federal agency mission (FMC) ruling which trying to avoid pollution, recalls, disapproved a contract system by says the Foundation, that Federal members of a steamship conference Reserve banks are disposing of old, serving trade between the Pacific used dollar bills by other means than Coast and various Latin American $10.30 - 1 incineration. The banks are now grinding up the bills to sell the resultant fine, light green fluffy material for com-Ij- j g mercial use. One is this at product company buying ton for its a $10 reportedly drilling operations. The Bureau's report to the com- mittee showed that money in cir- culalion (paper currency) outside the Treasury and Federal Reserve banks has gone up in every category over the past ten years. The figures by selected fiscal years end (in millions of dollars) : j well-drillin- 'jj :j I I I countries. The U.S. Circuit Court of Appeals for the District of Columbia on May 10, 1972, upheld the commission decision affecting the Latin American Pacific Coast Steamship Conference. The order lets ocean shippers and receivers contract separately for the carriage of goods under preferential rates in each of five trade areas served by the conference. It limited a dual rate contract system by which shippers promised to transport all of their cargo between ports within the scope of a steamship conference agreement aboard vessels belonging to members of the confemece. The Commission modified the contract system on grounds the dual rate system was counter to federal antitrust laws. i .. States' AGs Want Death Penalty Back WASHINGTON (UPI)-T- he has declined to Court Supreme review the controversial question of whether marijuana may be legally classified as a narcotic drug. In a brief order without comment, the court, October 24, denied an appeal by singer Paul Lorin Kant-newho was convicted under t Bv Douglas Stanglin A OKLAHOMA CITY (UPI) committee of slate attorneys general has recommended that the death penalty be reinstated for murder but not for skyjacking. There was no expression for reinstatement (of capital punishment) except in murder cases, said Larry Derryberry of Oklahoma, who headed the two-da- y conference, October - r, Hawaii law of unlawful possession of a narcotic drug because he had marijuana. Under federal laws revised in 1970, marijuana is classified as a dangerous drug rather than a narcotic. But a growing body of expert opinion recommends it be legalized at least for private use. The National Commission on Marijuana and Drug Abuse called last March for dropping all penalties for private possession for personal use of marijuana, and recommended much lighter penalties for public possession, distribution of small amounts and public use. A public opinion survey by the commission found that 24 million Americans had used marijuana at least once but that only 500,000 persons used it heavily. President Nixon is strongly opposed to legalization of marijuana, but Sen. S. his McGovern, George Democratic opponent, has proposed reducing its possession from a felony to a misdemeanor. The Hawaii Supreme Court on Jan. 20, 1972, affirmed Kantners conviction. Rehearing was denied even though Kantner requested it after a landmark Illinois Supreme Court ruling that the legislative classification of marijuana as a narcotic constituted a denial of equal protection of the law. Current federal law and the statutes of 42 states make possession or casual distribution of marijuana a misdemeanor. Under federal law, there is no minimum sentence for first offenders and the maximum penalty is one year in jail or a $5,000 fine. Competitive Shipping Order Sustained MONDAY, OCTOBER 30, 1972 f ... Passes Up Pot Ruling m 76-20-- 11 UTAH High Court Utah Supreme Court Decisions m city, 16-1- 7. Highway Deaths Mounting, Grim AH NEW mftPJSACCN) -Americans are killing themselves in nations much so so that last highways, year motor vehicJes caused more than nL&eeidentai' deaths of orhalf dinary life insurance according to the Institute of Life Insurance. Twenty-fiv- e years ago, motor greater rgtflljprij policy-holder- vehicle-connecte- . d s, policholder deaths represented a little less than one quarter of all accidental deaths. Natural causes, however, continue to claim most lives. In 1971, 1 death in 15 was caused by an accident, vehicular or otherwise. Nearly 3 out of 4 deaths of ordinary policyholders were due to two principal causes: cardiovascular-rena- l diseases and cancer. The percentage of deaths due to cardiovascular-rena- l diseases has declined somewhat in the past few years and accounted fra 51.7 per cent of deaths in 1971, compared with just over 57 per cent in the The percentage of all deaths due to cancer over the past several years increased to 20.0 per cent last year compared with 18.6 per cent in mid-1950- s. 1955. The continuing inability to achieve a major scientific breakthrough in the fight against these two major causes of death has held the average span of life at approximately 70 years throughout the last decade, according to the Institute. Florida Court Backs Split Jury Votes Aluminum The 11 member group deferred action on drafting legislation intended to comply with recent U.S. Supreme Court rulings until technicalities could be worked out. Derryberry, however, said there was no disagreement with the desire to reinstate the death penalty. There is little doubt that the death penalty is an effective deterrent to -- crime, Derryberry said. We believe something can be done to reimpose it, and I think those here hope it can." Most of the discussion involved capital punishment for the killing of law officers, prison guards, or killing by contract. Derryberry said capital punishment for skyjackers was favored only when the hijacking resulted in deaths. Derryberry said he did not believe the Supreme Court intended to ban the death penalty completely. I think if the court wantedto knock it out completely, they would have each cited cruel and unusual punishment. Since of the five (judges who voted to abolish) all four gave different reasons, it may there are alternatives. "We have a feeling we can fill a void left by the Supreme Court, he said. Attorney General Bill Baxley of Alabama said he was hopeful equitable model legislation would be adopted. I think we have a chance with the be decision they (Supreme Court) gave to come back and reinstate the death penalty, but after we do we must be careful not to let it be subject to abuse. Pension Costs Up for States, Municipalities NEW YORK (ACCN) - That government employee plans continue pension-retireme- nt to represent a rising cost of state-locgovernment is made evident in a new report for 1971, Tax Foundation, al Inc., notes. Three years ago a Foundation study pointed out that total stale-locpension receipts had risen rapidly during the sixties, reaching al TALLAHASSEE, FLA. (UPI) -The Florida Supreme Court has eliminated the need for unanimous verdicts in criminal court cases except when it involves the death penally. The new rule provides that defendants can be convicted or acquitted by 1 votes, beginning next Feb. 1. In Florida, only capital cases jury. The state require a in November to meets legislature consider restoring capital punishment for certain crimes. Under the October 17 court ruling, if the legislature reimposes the death penalty, a defendant could be convicted of a capital crime by a But under a jury vote of 10-with the same separate procedure 12-would jury, it require a 0 vote to impose the death penalty. . 5-- 12-m- an 2. Under Floridas constitution, procedural rules are set by the s court, but can be overturned by vote in each House of the legislature. two-third- Primary Output Up - NEW YORK (ACCN) The aluminum industry in the U.S. produced an average of 11,565 short tons of primary aluminum daily during September 1972, compared with an average of 10,859 tons a day in September 1971, and a revised 11,257 tons a day in August 1972, the Aluminum Association said today. The annual production rale for September was 4,232,948 tons. This compares with an annual rate of 3,963,353 tons for the same month last year. August 1972s production rate was a revised 4,120,003 tons. During the third quarter of 1972, a total of 1,044,428 tons was produced, compared with 988,669 tons for the same period last year. In September 1972, actual production totaled 346,962 tons. This compares with 325,755 tons for September 1971, and a revised 348,962 tons for August 1972. $7.6 billion by 1968, and projected further sharp growth in future years. By 1971, pension receipts of these units had climbed to $11.3 billion, a hike of nearly 50 percent in three years. The 1971 receipts from co- ntributions employees by governments and and from investment were about triple their earnings level a decade earlier. State and local governments contributed $5.2 billion, or 46 percent of the total. The rest came from employee contributions of $3.2 billion (28 percent) and investment earnings of $2.9 billion (26 percent). During the ten-yeperiod, notes the Foundation, government conar tributions nearly tripled (rising 190 percent), while contributions by rose employees themselves somewhat less rapidly, (155 perinvestment income cent); quadrupled. These increases reflect especially rapid growth after 1966. t 1 i t , .V. ' |