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Show ASTERN AMERICANA Forial. f'M.r University rf UUh Fait Lt:keCity, 112 lit h SALT LAKE CITY. UTAH VOLUME 17, NUMBER 69 By September Local Credit Bureau Utah Supreme Court Decision Five Year Agreement Automates Files SUMMARY JUDGMENT AFFIRMED IN PROPERTY LEASE CASE By Daniel K. Cunningham Daily Record Columnist SALT LAKE CITY, UTAH Of $300,000, the Credit Bureau of Salt Lake City is auto- - J. B. WALKER and MARY GOFF WALKER, At a cost v. mating its credit reporting services, The bureau will utilize a time- sharing computer based in Ana- helm, Calif, when the automated system goes on line in early Sep- ember, r e p o rts Clyde Tooman, manager, As part of its Plaintiffs & Respondents ROCKY MOUNTAIN RECREATION COUP. (formerly Old Mill) and J. DOUGLAS BOWERS, Defendants and Appellants Supreme Court: Notice provision of Rule 56(c), URCP is not jurisdictional. 1) 2) Where a contract provides for the payment cf money simply, a stipulation to pay a fixed sum in case of default is usually construed as an agreement for a penalty, and not as a covenant for liquidated damages. However, the asserted principle is inapplicable in the instant action." Plaintiff counsel: Henry S. Nygaard Defendant counsel: Ronald C. Barker (See details page 6) Golden Eagles Enter Patrick Cup Playoffs For First Time... Open Semi-FinDenver Wed. Series VS. al & For the first time in their history, the Salt Lake Golden Eagles will be entering Lester Patrick Cup playoff action. e finish in reg- With a ular season play, the Eagles host Denver Spurs in the the of their semi- two games opening final series this Wednesday and April 1 1 and 13. The next games will be played on Den-- , ver ice April 18 and 20. Game 5, if necessary will again be at the Salt Palace Saturday, April 21, 6 in Denver on the 22nd and the seventh and deciding game, if necessary back in Salt Lake on the 24th. All Salt Lake home games will 2nd-plac- 4th-pla- ce WEDNESDAY, APRIL 11, 1973 Fri. begin at 8:00 p.m. Reserved seat tickets for the first two games are now on sale at the Salt Palace Box Office. Ticket prices are $5.50 and $4.50 for reserved seats and $3.50 for general admission, Individually, several Golden Eagles had banner years. Ron Spike" Huston tied Phoenix o ray Heatley for the WHL ing leadership with 42. His late goal Saturday vs. San Diego also tied WHL record for and e viost Goals by Rookie. (The of Baird nal record holder was Jim Huston also Vancouver, 1961-62- .) book for record WHL entered the Rookie (2), Most Hat Tricks by Baird. set also originally by Mur-Frida- y, goal-scor-tw- orig-gam- expansion au pro- gram, the bureau will also move from the third floor of the Felt Mr. Cunningham Building into new quarters at 165 W. 2950 South. Mr. Tooman said the decision to automate was based on several factors, including the healthy expansion of business in Utah and the federal recommendations that individual files be updated periodically. Costly Manual Job The updating of files alone Jersey Orders Public School would have been a tremendously costly job if done manually. There is no way in the world a manual operation could do it. And we would have to double employment just to keep up with the expansion," Mr. Tooman noted, The bureau selected TRW Credit Data to supply and install the data processing equipment, a task which began early this month. To accom-- t plish the changeover, 20 temporary employees have been hired to sist an equal number of TRW personnel who will be here for at least another month. In addition to the temporary work force, the bureau has employees who issue 1,500 credit reports a day to 1,100 member firms. Three Times Faster Smaller companies using the credit bureau services may obtain a credit report printed on a cathode ray tube. Firms requiring 300 or more reports a month will be able to use a teleprinter console which will process almost any number of names. And the information will be given two or three times faster than before," says Mr. Tooman, who 110-full-ti- ' Repayment Now PHILADELPHIA Funding Changes TRENTON N.J. (UP I) --The New Jersey Supreme Court, ruling that local property taxes fail to provide financial base for thorough and efficient education, 99 has mandated a change in the states system of funding public schools. The court, in its landmark 0 decision, did not rely on the familiar argument that a system based on the 7-- property tax discriminates against the poor. It ruled on the theory that (UPI) - The federal government, citing in- tervening events in Washington, has told a federal judge it opposes a Penn Central Railroad plan to repay $287 million owed to 49 banks. James Doud, a U.S. Justice Department attorney, cited a recent U.S. Transportation Department proposal to reorganize operations of several bankrupt railroads on the East Coast. U.S. District Court Judge John Fullam, who is overseeing Penn Central reorganizations, said he would rule shortly. SUPREME COURT OF THE UNITED STATES SAN ANTONIO INDEPENDENT SCHOOL DISTRICT et al. i). RODRIGUEZ et al. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR WESTERN DISTRICT OF TEXAS No. 71-13- 32. Argued October 12. 1972 of poor" people or to occasion discriminations depending on the m THE Decided March 21, 1973 The financing of public elementary and secondary schools in Texas is a product of state and local participation. Almost half of the revenues are derived from a largely state-fundprogram designed to provide a basic minimum educational offering in every school. Each district supplements state aid through an ad valorem tax on property within its jurisdiction. Appellees brought this class action on behalf of school children said to be members of poor families who reside in school districts having a low property tax base, making the claim that the. Texas systems reliance on local property taxation favors the more affluent and violates equal protection requirements because of substantial interdistrict disparities in expenditures resulting primarily from differences in the value of assessable property among the districts. The District Court, finding that wealth is a suspect classification and that education is a fundamental right, concluded that the system could be upheld only upon a showing, which appellants failed to make, that there was a compelling state interest for the system. The court also concluded that appellants failed even to demonstrate a reasonable or rational basis for the States svstem. ed er-pu- pil Held: This is not a proper case in which to examine a States law's under standards of strict judicial scrutiny, since that test is reserved for cases involving laws that operate to the disadvantage of suspect classes or interfere with the exercise of fundamental rights and liberties explicitly or implicitly protected by the Constitution. 1. Pp. 14-- 40. (a) The Texas system docs not disadvantage any suspect class. It has not Ix'on shown to discriminate against any definable elass any district. And, insofar as those who, disregarding their reside in comparatively poor cannot be said to be suspect. relative wealth of the families in the financing system disadvantages individual income characteristics, school districts, the resulting class Pp. 14-- 24. system impermissibly (b) Nor does the Texas interfere with the exercise of a fundamental right or liberty. performed Though education is one of the most important sen-iceof is limited within the it recognot the rights category State, by nized by this Court as guaranteed by the Constitution. Even if some identifiable quantum of education is arguably entitled to constitutional protection tojnake meaningful the exercise of other constitutional rights, here there is no showing that the Texas system fails to provide the basic minimal skills necessary for that school-financi- ng s 5. purpose. Pp. (c) Moreover, this is an inappropriate case in which to invoke strict scrutiny since it involves the most delicate and difficult questions of local taxation, fiscal planning, educational policy, and federalism, considerations counseling a more restrained form of review. Pp. 35-4-0. 2. The Texas system does not violate the Equal Protection Clause of the Fourteenth Amendment. Though concededly imperfect, the system bears a rational relationship to a legitimate state purpose. While assuring basic education for even- child in the State, it permits and encourages participation in and significant control of each districts schools at the local level. Pp. 40-4-9. 25-3- 337 F. Supp. 280, reversed. Powell, J., delivered the opinion of the Court, in which Burger, C. J., and Stewart, Blacxmun. and Rehnquist, JJ., joined. Stewart, J., filed a concurring opinion. Brennan, J., filed a dissenting opinion. White, J., filed a dissenting opinion, in which Douglas and Brennan. JJ.,' joined.. Marshall, J., filed a dissenting opinion, in which Douglas, J., joined. adds that fewer busy signals" will-b- e heard by incoming callers as well. Updated Reports The new computer system will also result in constant revision of individual files, which currently can be up to two or three years out of date. In the new system, member firms will report daily as accounts are opened, paid off, or become delinquent No record will become more than 30 days old, he noted. And thats quite an achievement considering we have 350,000 ccn-sum- er files. Mr. Tooman also believes the automated system will result in greater accuracy, with fewer handwritten interpretations and typing errors. The system will automatically update files as member supply tapes with current account information. Files will also be weeded periodically in accordance with ACB, Inc. and federal guidelines. Better Management Control The automated system is also supposed to stabilize credit reporting expenses, which in turn will allow more accuracy in projection of future costs and profits. Automation also will expand member services and in turn increase bu- reau income. Other benefits ta the bureau itself are expected to be more effective utilization of employees, upgrading of the bureau staff and lower staff turnover. Legal Briefs International Lawyer WHAT HAPPENED? of Spain wanted to oust Great Britain from the tiny island of Gibralter. The British, meanwhile, were having their own problems in Northern Ireland. Besides the daily violence, a New York lawyer named Nelson was giving them fits by filing civil rights suits on behalf of the Irish in international courts. After learning of Nelsons work, the Spanish consul in New York hired him for a task of international intrigue. In return for $50,-00Nelson was to create worldwide publicity about Britain suppressing the people of Northern Ireland. That way, the consul explained, Britain will be forced to give up its colony on Gibralter because world opinion will be massed against keeping its Empire. Nelson began spreading the word; he lobbied in the United States Congress and in the United Nations, and contacted friends in the mass media. Finally, he asked to be paid. No pesos for you, senor, said Gcmero, the Spanish consul in New York. "The British are still in Gibralter. Why should we pay you? Then, Ill sue you in federal court, Nelson said. WHO WON? g The attorney loses from the immune is because Spain court ruled the lawsuit, A friendly foreign nation cant be sued in the United States for its official government acts, said the judge. The contract to generate adverse publicity about a foreign country is a strictly governmental act which entitles Spain to remain free from the suit under the theory of sovereign immunity. (Blued on a recent federal appeals court decision In New York as Tetold by John Riter and Paul Levine cf the University of Miami School of Law.) ,, For years, the government 0, globe-trottin- |