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Show Univraity eg V.--- N I'- - ? IlMo Or1:r Ferial Uth of Ut'h It LkeCity, SALT LAKE CITY, UTAH 2t!- Utah Supreme Court Decisions Capsule - Reverses Assessment TAX COMMISSION MISAPPLIED PROVISION OF STATUTE ON EXCISE TAXES ATLANTIC RICHFIELD, COMPANY, Plaintiff STATE TAX COMMISSION OF UTAH, Defendant Tax Commission: Levied assessment for of excise taxes. (Plaintiff failed to report gallonage of motor fuel exported from Utah in monthly reports.) non-payme- Supreme Court: Reversed. 1) It is quite clear from the language of this section (Sec. that motor fuel exported from the State is not subject to the excise tax. 0) Plaintiff counsel: Gustin & Gustin, Walker Bank Bldg. Harley W. Gustin, Frank J. Gustin Defendant counsel: Vernon B. Romney, G. Blaine Davis, Gregory D. Farley See details page 4 , Supreme Court Will Hear Carrier Case Rehearing On Abortion Case Sought By to The Daily Journal SAN FRANCISCO-T- he State Attorney General has filed a petition for rehearing on the recent abortion decision of the California State Supreme Court in the case of People v. Barksdale. 3 decision issued In its November 22 the court voided two provisions of the California Therapeutic Abortion Act. The court's decision ruled that the medical criteria required to obtain an abortion w ere unconstitutional because of vagueness. The decision made it possible for a woman to obtain a legal abortion if it is performed by a licensed doctor in an accredited hospital. The Attorney General's petition 4-- claims the court erroneously immunized (the) defendants prosecution for violating a from clearly-prohibite- d and constitutional .act." provision of the.. The petition said the doctor had violated even the portions of the act . which the court had upheld. Citing Dennis v. United Sates, the petition stated that the U.S. court had rejected "the claim that the statute was too vague to be applied to the defendants because the defendants Suppose a newspaper reporter had clearly intended to violate a. obtains information for a news which article he is writing from a person provision of the statute clearly proscribed their conduct. who asks that his name be withheld. Do you think that the reporter should Briefs . . . or should not be required to reveal Legal the name of his man if he is taken to court to testify about the inSOUGHT formation in his article? The poll asked. WIIAT HAPPENED? An analysis of the findings showed that the amount of education a execMcGowan, a $60,000-a-yeperson has was the only significant utive with General Motors was factor influencing his answer. about to fulfill his lifelong dreams. Almost seven in 10 persons with Retirement was near, and soon some college education supported he'd be tramping through the wilds the newsmans right to protect his of Africa, rifle in one hand, movie sources, whereas 48 per cent of those camera in the other. For McGowan with only a grade school education e hunter, longed to be a thought the opposite, the poll film. on to his heroics and capture showed. off was Retirement came, and he Dr. George Gallup said the subject y on a had become a national issue with the tiger hunt in India safari in Africa. and a recent jailings of New Jersey shot 40,000 feet he the newsman Peter Bridges and Los Along way, film of and pieced together a perAngeles reporter William T. Farr for protecting their confidential sonal saga entitled, Bold Journews sources against judicial ney. For a small fee, McGowan inquiries. one of the key issues showed the film to P.T.A. groups Gallup said involved was freedom of Uie press and Kiwanis Clubs. He also lecto do its own investigative reporting tured about chasing the wild water versus the governments duty to Buffalo and tracking the elusive investigate crime fully and the cheetah. courts' responsibility to enforce the At the end of the year, McGowan law." had spent $29,000 on his trips and Among (hose interviewed was a had earned $900 from his film and reporter whose response lecture tour. He tried deducting the expressed fear about confidential difference from his income for the news sources vanishing. A year. newspaper reporter should not be Not so fast," said the I.R.S. forced to divulge his sources. If he agent You cant deduct the cost has to he wont be able to get ahy of your vacation." inmore inside confidential But that was a business trip, formation. The information he protested McGowan. provides is more important than the WHO WON? person who gave it,' anyway. So why McGowan gets no tax break for should the courts insist on names. Bold his On the other side of the issue was a Journey. To get a business deduction, banker who said: If a the taxpayer must be engaged in newspaperman is going to offer the business for profit, said the he to be able to information, ought back it up and reveal his source. Here, the taxpayer was judge. How else can the courts tell if his only continuing a lifelong hobby of information is true or not? hunting and photography. He didnt care whether or not he made a profit. TRENTON, N.J. (UPI)- -A New (Based on a recent federal appeals Jersey appellate court has ruled tha court decision n Illinois as ntcld the state has the right to tax the Lcsine of by John Ritter and services of mail order advertising c? the University ftv.jirii School of Public Backs Press Silence. Poll Indicates PRINCETON, N.J. (UPI)-- A Gallup poll released, December 10, indicated most Americans believe the courts should not compel newsmen to disclose their confidential sources. In a recent nationwide sampling of 1,462 adults 18 and older, a per cent margin supported the 57-to-- reporters right to protect the confidentiality of his sources. TAX BREAK FOR SAFARI ar Anti-Obesit- y Drugs Facing FDA Crackdown big-gam- - WASHINGTON (UPI) The government is planning a crackdown on widely prescribed antiobesity drugs, charging that recent studies indicate they are almost worthless and are dangerously habit forming. Dr. Henry L. Simmons of the Food and Drug Administration told a Senate subcommittee hearing, December 13, that starting in 600,000 FDA mid-Decemb- er drug bulletins are being mailed to the nations doctors, alerting them to risks and doubtful benefits of the drugs all of which are widely abused amphetamine stimulants. Following this, Simmons said, the diet pills will be placed under strict distribution controls. And their labels will be required to carry the warning: Amphetamines have a high potential for abuse and thus should be tried in weight reduction for patients in which alternative therapy has been ineffective... They may lead to drug dependency... The be should drug dispensed sparingly. Simmons testified before a Senate so-call- : small business monopoly sub- committee which resumed hearings in its continuing inquiry into the drug industry. Amphetamines are known as speed and uppers among drug abusers, who take them sometincs intravenously for the highs" they produce. ( intense 25-da- full-sca- le ld ul firms. Law. TUESDAY, DECEMBER 26, 1972 The challenge came on an appeal by the Commission after Pacific Far East Line (PFEL) and the Oceanic Steamship Co. submitted to the' WASHINGTON (UPI)-T- he Supreme Court has agreed to decide on a challenge whether the Federal Maritime has Commission over agreements jurisdiction providing for the acquisition an agreement providing for the sale and transfer to PFEL of four oceanic vessels in current operation and its interest fn Commission of assets of one carrier by another. The court will hear the case later this term and will follow with a written opinion. two ships under construction, plus personnel and related facilities. While all of its assets were included in the transfer, Oceanic, a wholly-owne- d subsidiary of Matson Navigation Co., was to retain its FTC Charges Xerox Guilty Of Monopoly corporate rights and was not The transfer agreement was submitted for the Commission to determine whether it was subject to the approval requirements and antitrust immunity of the 1916 - The WASHINGTON (UPI) Federal Trade Commission alleges Xerox Corp., Stamford, Conn., has shipping act. On Oct. 21, 1970, Seatrain Lines, Inc., protested approval of the agreement. Seatrain said it was operating in the Pacific shipping lanes, but it was hopeful of acquiring further business in the Far East and Australia. This would be jeopardized by the proposed expansion of the Pacific Far East Line, the protest said. On Oct. 27, 1970, the Commission rejected Seatrain's objections and approved the agreement. On Feb. 8, 1971, Seatrain appealed the decision to the U.S. Court of Appeals for the District of Columbia which held it is not the federal Maritime Commission which has the duty to approve or disapprove the type of contract made the subject of litigation. monopolized the $1.7 billion office copier market through antitrust practices that inhibit domestic and foreign competition. A spokesman for the FTC said Xerox had been under investigation for three years before the complaint was made, December 12. The FTC said into prohibited from other trades. Xerox Coast-Hawaii-Gua- m i has dominated the industry so much that Minnesota Mining and Manufacturing Co. ranked second with only 10 per cent of the sales in 1971. According to the complaint, the office copier market includes the$l billion plain paper copier Xerox accounted for approximately 95 per cent of all revenues generated by the about 60 per cent of all revenues in the overall office copier market and some 86 per cent of revenues from the lease and sale of The Commission argued the machines in the total market in 1971. shipping act gives it jurisdiction Xerox Chairman C. Peter over such agreements said the FTCs charges sub-marke- t. sub-mark- et, i Mc-Colou- gh were and without merit...Xerox will defend the action vigorously and will establish fully the correctness of its practices. The FTC alleged, that Xerox continued its domination of the domestic market by unfair acts, practices and methods of comed petition. The FTC further alleged that Xerox controlled the foreign market by its ownership of Rank Xerox Ltd., a British corporation, and by entering into agreement with Rank Xerox and Fuji Xerox of Japan which have effectively divided up the world market for plain paper office copiers. The FTC asked Xerox to divest itself of Rank and i her foreign subsidiaries. New Drilling Reported By Utah Dept, of Natural Resources CHEVRON OIL COMPANY Box 599 Denver, Colorado Uintah County Well No. Red Wash Unit Deep No. 44-- 2 1C, will be located 1057 FSL 6 473 FEL, NE SE SE, Sev 21, T 7 S, R 24 E, SLBM, Red Wash Field Deeper Pool Wildcat MOUNTAIN FUEL SUPPLY CO. Box 1129 Rock Springs, Wyoming Wayne County Well No. Dirty Devil Unit No. 4, will be located 623 FSL & 815 FEL, SW SE SE, Sec 15, T 30 S, New Field Wildcat. R 14 E, SLBM, Police Chief Blames On Criminal Justice :System Failure WASHINGTON (UPI) -- New York City Police Commissioner Patrick Murphy said December 10, that rising crime rates were not a failure on the part of policemen but of courts and correction systems. We as police are quite limited in what we can do. Police arent he said on Issues and failing. . The courts Answers" on ABC-Tand correction systems are failing. V. Murphy, appearing with Washington, D.C. Police Chief Jerry Wilson and Dallas Chief W. F. Dyson, also said the quality of the policemen in the United States must be upgraded." He said all officers should have a four-yecollege education. We need better police. . .although we have great police in America, Murphy said. Dyson agreed with Murphy and said that his department had a goal of hiring only college graduates by ar 1977. Dyson said, one of his departments major problems was narcotics. Survey after survey in city after city indicates that 20 to 80 per cent of all major crimes can be related to narcotics, he said. Murphy, asked about organized crime, said there was a strong link between organized crime and street crime. I think organized crime has been hurt in the last few years" more than ever before, h c said. |