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Show uDmJ Pariuli. fr.l.r Jr tr;:- lV;j Univsrsiity :f Ut'h Fait LukeCity, lit WESTERfi fM12 sh SALT LAKE CITY, UTAH VOLUME 17, NUMBER 68 Utah Supreme Court Decision - TUESDAY, MARCH 27, 1973 Nixon Death Penalty Plan Captols NO VERBAL CONTRACT AFFIRMED ADA F. NUHN, By Norman Kemps ter - The defendant was less than 18 WASHINGTON (UPI) The years old. Administration Wednesday His capacity to appreciate the presented Congress with President wrongfulness of his conduct or to Nixon's legislative proposal to make his conduct conform to the restore the death penalty for such crimes as aggravated homicide and wartime treason or espionage. Attorney General Richard G. Kleindienst, filling in details of the measure Nixon outlined last week in Plaintiff & Appellant, v. J.R. BROADBENT, Defendant & Respondent DEAMER FINANCE & THRIFT CO., Voting Rule Plaintiff & Appellant v. J.R. BROADBENT, Defendant & Respondent Trial Court: Two separate actions Tiled in lower court for recovery of money claimed due on oral contracts. . . .found in favor of defendant. .Supreme Court: Affirmed. The record also failed to show any prejudice resulted to plaintiffs by reason of delay of the trial following three days of hearing. Plaintiff counsel: Mark A. Madsen 320 S. 5 E. Defendant counsel: Milton A. Oman 7th Floor. Continental Rank Bldg. UTAH v. WILSON ' ' David S. Young David Irvine Defendant counsel: Myrna Mae Nebeker 4 Discrimination Contractors WHAT HAPPENED? The junior college president proudly announced the receipt of a multimillion dollar federal grant to build a new library. The college invited contractors to bid on the construction project and published notices saying it would accept the lowest bid. The notices requested the contractors to guarantee a certain percentage of minority workers, as required by the federal grant. Reliance Contractors submitted the lowest bid for the plumbing work, and then the trouble started. We cant guarantee we'll have Negro apprentices," said Reliance's owner. But we can promise to make every reasonable effort to hire Hegro apprentices." "That's no guarantee," replied the college president. "We reject your bid." The college then awarded the contract to the second-lowebidder, a firm which guaranteed to hire a certain percentage of Negroes. "We're taking you to court for breaking your promise to accept the lowest bid," said Reliance's lawyer. st WHO WON? Reliance loses-t- he library will be built by the second lowest bidder. The judge ruled that the government's rule was more important that the college's promise to accept the low bid. " It is entirely proper to enforce the policy of the Civil Rights Act through the awarding of public contracts," ruled the judge. This is simply part of the strong moral commitment of federal and state governments to stop By Phone Tracing Gear Held Reliable TRENTON, N.J. (UPI) application. In his message, Nixon said his plan would be an effective deterrent against specific crimes." The bill faces an uncertain future in Congress, even though many members agree with Nixon on the need for tougher anti crime legislation. Some influential Democrats have objected to the death penalty proposal as regressive and proven to have been ineffective. Under the measure, the death penalty would encompass murder of a law officer, assassination of a foreign diplomat, killing for hire, and homicide resulting from an airline hijacking or a kidnaping, certainty making such a call. The division noted that the lower court found the tracing equipment used by the N.J. Bell Telephone Co. . is reliable and accurate. We are satisfied that the trial court's findings and conclusions are fully supported by the record," the court ruled. TEST DRILL SUCCESSFUL SALT LAKE amounts of oil and natural gas with no water were recovered from the sample chamber of the test tool used during the drill-stetest of the Weber formation at the Brady Unit No. 2 well in Wyoming, it was reported by Mountain Fuel Supply CITY-Signific- ant penalty should be imposed. In the penalty hearing, the defense would have the burden of proving mitigation to lessen the sentence; of proving the prosecution for execution. sufficient aggravation The bill would allow the prosecution to waive the penalty hearing if it acknowledged mitigation in the crime. Five mitigating factors would be allowed, and if proven to a jurys satisfaction would bar capital punishment. In the absence of mitigation, establishment of one or more of 14 aggravating factors would make death mandatory. The mitigating factors: - Bell Telephones tracing equipment is accurate enough to uphold the. conviction of a man charged with making an obscene phone call, an appeals court ruled Monday. The Appellate Division of the Superior Court upheld the conviction of William Hibbs on charges of south-wester- n un- in determine whether the death discrimination in employment." (Rased on a recent Ohio Supreme Court case as retold by John Ritter and Paul Levine of the University of Miami School of Law. ) m unconstitutional because of To Water Unit along with espionage and treason. In such capital cases, the first phase of trial would be merely to determine guilt or innocence. If a conviction was handed down, a second phase would be held to 212 Phillips Petroleum Bldg. See detaUi pace Not Pertinent a State of the Union message, sent the draft legislation to the House and Senate with a declaration it will meet objections the Supreme Court cited in ruling capital punishment -- FORGERY CHARGE HOLDS Plaintiff counsel: Vernon B. Romney AMERICA Congress Presented: tywtiimHfgiM . - Clifton, N. J. Management Data Processing Systems announced It acquired Titan Actuarial Services' Data Processing Division as of March 1. The deal Involves an undisclosed amount of cash and stock. Switzerland Litton Industries, Inc., completed the sale of its three 8touffer food products and services divisions to Nestle Allmentana 8.A., the two firms announced. The deal for the three Stouffer divisions, which had sales of about $124 million In fiscal 1972, Involved an undisclosed cash sum. He was under unusual duress although not enough to constitute a defense to the prosecution. His participation in a crime actually committed by another was relatively minor. He could not reasonably have foreseen that his conduct would place the life of another in danger. Aggravating factors for treason or espionage would include creation of a grave risk to the national . brought by landowners, a lessee and resident of the area. v In ruling against diem, the court said that the activities of the water district fall so disproportionately on land owners as a group as to make the district an exception to the one man, one vote principle. The opinion, by Justice William H. Rehquist, noted that the district has some governmental powers but provides none of the general public services ordinarily attributed to a governing body. He said weighing the vote according to the assessed valuation of the land does not violate the principle that wealth has no relation to Toltec Watershed Improvement District where only landowners vote and the vote is weighted according to acreage. We cannot agree with the dissent's intimation that the Wyoming Legislature has in any sense abdicated to a wealthy few the ultimate authority over land management in that state," the court said in a brief, unsigned Vevey, an insanity naping. The victim was the President or and Vice President of the United States, California, the court said the restriction does not violate the one ,the visiting head of a foreign man, one vote" principle established igovernment, a foreign diplomat in for elections generally. Justices the United States on official William 0. Douglas, William J. business, a Supreme Court justice, a Brennan, Jr. and Thurgood Mar- federal law enforcement officer or shall dissented on grounds that the prison guard. corporate voter is put in the saddle. The defendant either hired The enormity of the violation of someone else to do his killing for him our environmental ethics, or committed the murder for pay, represented by state and federal The killer knowingly created laws, is only increased when the grave risk or death to another ballot is restricted to or heavily person in addition to the victim. weighted on the behalf of the few The killing was committed in who are important only because an especially heinous, cruel or they are wealthy, Douglas said for depraved manner." the dissenters. The defendant had been conThe California case concerned the victed previously of a federal or Tulare Water District, established to state crime for which he could have acquire, store and distribute water been sentenced to death or life in for farming in the Tulare ' Lake prison. Basin. Only landowners are The defendant had been conqualified to elect the board of victed previously of two or more directors, with votes apportioned on state or federal crimes punishable the basis of the assessed evaluation by more than a year in prison inof the lands. infliction of serious bodily A law suit to test the voting volving injury upon another person. formula was several value. The Wyoming case dealt with the Chamberlain Elmhurst, 111. Mfg. Corp. announced It had bought the Mayfair Division of Whittaker Corp. for an unrevealed amount of cash, Mayfair makes aluminum windows. defense. owners. In cases from Wyoming case is proportional to the assessed Panhandle Eastern said Co. Line Its capital outPipe lays tills year will approach $150 million, np from $90 million In 1972. The higher outlays will be for new gas supplies under the Gulf of Mexico, In the Rocky Mountains and elsewhere. enough to sustain security. WASHINGTON (UPI)-T- he For murder, the aggravating Supreme Court ruled 6 to 3 Tuesday factors would be: that the right to vote in a water The killing was committed storage or water shed improvement airline hijacking or kiddistrict can be limited to property during an voter qualifications because the expense as well as the benefit in this Houston requirements of the law was significantly impaired, ' but not opinion. In his California dissent, Douglas also argued that residents who are not landowners and are denied the vote face all the perils of flood which the district is supposed to control. Governor Will Name 2 to Top Jersey Court TRENTON (ACCN) Gov William T. Cahill has given notice of his intention to nominate State Appellate Division Judge Mark A. Sullivan and Cahills chief counsel, Pierre P. Garven, to fill two vacancies on the New Jersey Court created by Supreme retirements. Judge Sullivan, 61, is Presiding Judge of Part C of the Appellate Division, and has been temporarily assigned as an acting Associate Justice of the State Supreme Court since last September. He has been a member of the judiciary for more than 27 years, the last 20 as a Judge of the Superior Court He was assigned to its Appellate Division 14 years ago and reassigned each year thereafter. He is a graduate of Georgetown University and Harvard Law School, was admitted to the Bar as an attorney in 1936 and as i counsellor in 1939, and was named ludge of the former Second District 3ourt of Jersey in 1945 and Judge of :he Hudson County District Court in 1949 before his elevation to the Superior Court in 1953. i i. 4. A x A A x- |