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Show cl3rinl (rJ.r 'f Univ?r?..ity fait L!:key 0 '( .ji !.; . Utvh i tv ',h -- .112 Diversity of utab USRARiSS 1 MAY 1 61973 KR1ALS ORDER SALT LAKE CITY, UTAH VOLUME 17, NUMBER 93 Shoplifting) Cose Divides Utah's Supreme Court On False Arrest Complaint Denyse A. Davis, Plaintiff and Appellant, Counsel: Jones. Waldo, Hollbrook & TUESDAY, MAY 15. 1973 Floating Currencies, Investment Curbs, Upset 'Gnomes of Zurich By Norris Willatt Financial Times UPI LUGANO, SWITZERLAND -Swiss bankers are taking a dim view of current goings on in the international monetary .field, and especially the measures which have been taken to calm the situation. London McDonough, 800 Walker Bank Building . They are against floating currencies and reject any proposal to substitute other commodities, such as special drawing rights, as a measure of value in place of gold. The reason for this is that the Swiss bankers, often termed the v. Zions Cooperative Mercantile Institution, (ZCMI) Defendant and Respondent. Counsel: Worsley, Snow & Christiansen, Justice F. Henri Henroid wrote the majority opinion. i Appeal from a summary judgment dismissal of a false arrest complaint. Affirmed, with costs to defendant. The uncontradicted facts in this case developed in the discovery process under the rules indicate that plaintiff and her sister went to defendant's store, looked at dresses, took four into a dressing room, where her sister stole one and shoved it into a bag, returning three to the clerk, making the mistake of leaving the hanger of the fourth on a hook, which an alert clerk noticed. The latter called a female security guard, who accompanied plaintiff and her sister to another part of the store, confronted them with the evidence and finally.had both arrested for shoplifting. The sister was convicted and paid a fine. Plaintiff throughout said absolutely nothing to indicate she was not particeps to the theft until after she and her sister were booked in jail. They were released in less than an hour on bail, without any protestation of innocence. Under these facts the plaintiff asks 8180,000 on the basis of an affidavit and some rather ambulatory answers in a deposition, which were not material or e. T1 legislation not found guity, as was the case here CONCURRING: . A.H. Ellett, Justice Gnomes of Zurich, though they flourish in other Swiss cities, too, fear for their traditional image in an environment in which uncertainty threatens to replace certainty as a way of life. If there was one certainty in the world of finance until fairly recently, it was that the best haven in a time of crisis for anyones money was a bank in Switzerland. This still holds basically true, no doubt, but Swiss banks are not,, perhaps, as safe as they were, using .the term in its broadest sense. With their huge reserves, end their conservative policies, there is no likelihood of the big and prestigious Swiss banks going broke. But that is not the point. The paint lies in the fact that new foreign clients are now charged a negative interest rate of 8 per cent per an- num. Also the banks are not allowed now to invest such clients deposits, or those of existing foreign clients, in. Swiss securities, unless someone rise sells such and hot at all in real estate in Switzerland. Both types of investment have traditionally been a favorite outlet for funds coming into the country from abroad. These . J. Allan Crockett, Justice Titles 32, Utah Code Annotated 1953, ( 1971 Pocket Supp. pp 2. 55 Minnesota Law Review 825 ( 1971 ); State v. Eastmond, 28 Utah 2d 129, 499 P.2d 276 ( 1)72); Dillon v. Carrington, 455 P. 2d 201 (Colo. 1969). 1. 77-13-- 30-31- ). JUSTICE R.L. TUCKETT, (Dissenting) dissent. The plaintiff was detained by employees of the defendant pursuant to the provisions of Section U.C.A. 1953, which reads as follows: I various, measures, which the government has taken to dampen 0, merchant, a merchants employee, servant or agent, who has reasonable and probably ground for believing that goods held or displayed for sale by the merchant have been taken by a person with intent to steal may, for the purpose of investigating such unlawful act and attempting to effect a recovery of said goods, detain such person in a reasonable manner for a reasonable length of time. A peace officer, or a Chief Justice C.J. Callister concurs in the dissenting opinion of Mr. Justice Tuekett, , , ,, mm M - (ACCN) - U.S. Disl Herbert J. Stern, was the guest luncheon speaker at the kick-of-f meeting here of New Jersey business leaders organizing to combat crime and delinquency and to improve the criminal justice system throughout the state. The meeting, which was held at Newark's Essex Club, April 25, New launched the Jersey Executives Committee of the National Council on Crime and Delinquency, the first- - statewide group of businessmen and members of other professions organized to Atty . comnat crime and delinquency arid to effect meaningful and lasting changes in the states criminal justice system by coupling corporate-citizen effort and know-howith NCCDs technical assistance and expertise. The New Jersey Executives' - w Committee of NCCD will consist of task forces organized to accomplish specific assignments such as stimulating changes in the states sentencing laws and practices, community based alternatives for the disposition of offenders, ahd the fragmented system of law en NCCD. forcement. cooperate and work with Chairman of the meeting was Each task force will consist, of is-2- 0 Robert B. Clark, President, representatives of the corporate Inc. Milton G. community to develop strategies Rector, NCCD's President, also and to carry out an action plan to addressed the group. achieve immediate objectives The objective of organizing New within a specific period of time. Jerseys business leaders is to Chairman of the task forcctis Jtohq ., 4 L Kidde, Vice President, Walter Kidde & Co. NCCDs National Executives' Committee, under the chairmanship of Robert Stuart, Board Chairman of ;theJalonaLJCpriration, persuasion, of every economic That is why all the restrictions which bother them have theorty. down imported inflation, makes been invoked. Swiss banks rather less attractive to foreigners than before. ' However, these practical handicaps probably seem less onerous than the psychological one created by the decision to float the Swiss franc. As bankers, the Swiss have always, prided themselves on the stability of the national currency, which has been one of their main selling points. Now, anyone who puts his money into a Swiss bank has no means of knowing ahead of time how many francs he will get in return for the currency of his own country. STONY STRATFORD. Worse still, he has no idea what he ENGLAND (UPI) Court officials will get back in the latter of he wants and magistrates have admitted that to withdraw the funds again, three, they were guilty of breaking the law. six months, a year, some years, in Clerk Richard Lovell said the the future. offense dated back to April 20, Good The float also hinders the acFriday. tivities of the Swiss bankers in adOn that day. Lovell said, ministering the assets entrusted magistrates arrived before he had them for more permanent in- time to check the Justices Manual vestment, which with good reason,! and a man charged with assault they claimi- is their.. principal appeared in court, where he was ordered held for trial. All One When the man appeared again, Lovell noticed that a law stipulates (UPI) Despite their many that courts do not convene on Sundifferences, hairs are made of the same kind of material that forms days, Christmas Day and Good Ruling Stands - m Jersey Business Organizes For Justice Reform NEWARK -- Wrong Day But . Lukas v.J.C. Penney Co., (Ore.) 378 P. 2d 717. business. Swiss bankers are not so obtuse as to deny file necessity for emergency measures to meet the latest international currency crisis. Nor are they so shortsighted as to oppose the decisions of the Swiss government to meet its own particular emergency, including holding off from joining the joint float of the German mark, Franch franc and other strong European currencies, even though the Swiss franc at the moment is about the hardest of them all. They know that the probable result of such a step would be that the hot money which stampeded into West Germany prior to the dollar devaluation in February, and most of which is still there, would take off for Switzerland once a parity between the currency of the two countries . was fixed. It was to prevent just that, that the Swiss franc originally was floated. Swiss bankers deplore the whole business, asa vicious and dangerous interference with free market forces. If they had their way, they would undoubtedly come up with some tired and true conservative aphorisms, with one or two novel, twists. For example, they would exhort thr United States to clear up its balance-o-f payments problem, and they would urge die world to return to gold as the only reliable standard of value for the long term. There is one thought that sustains Swiss bankers mightily. People still want to entrust their money to the bankers of Switzerland, people from all backgrounds, of every political Hold Court on It would appear that the sole ground for detaining plaintiff was the fact that she was in the company of her older sister who admittedly was guilty of shoplifting. Investigation by the defendant's employees should have made them aware of the fact that their detention of Denyse was on tenuous grounds. I perceive there are issues of fact as to whether or not the defendant had reasonable and probably ground for the detention of the plaintiff, and whether such detention was carried out in a reasonable manner and for a reasonable length.of time.l I am of the opinion that the plaihtiff is entitled to have her case submitted to a jury fo44 their determination and the court erred in granting summary judgment. 1. COS ac- tively participates in efforts to inform and involve other members of the business community in combating crime and delinquency and supports that fight with their financial support. The National Council on Crime and Delinquency, founded in 1907, is nonthe nations major governmental agency dealing with the entire criminal justice spectrum from police to courts to Corrections working to prevent and control crime and delinquency by citizen and frilly utilizing professional involvement. The Councils national offices are in HpcftWack, N.J. . - Substance hoofs, claws, fingernails, snake scales, and National says Geographic. Island Widening Earth fractures from the Ridge cut across Iceland, adding nearly an inch a year to the island's width, says (UPI) Mid-Atlant- ic National Geographic. Friday. I had to tell the bench and the solicitor about the man in the dock, Lovell said. It was very embarrassing. We decided the best thing to do was to forget all about it, he said. After all, there wasnt really anyone we could report ourselves to and there was no way of undoing what we had done. The decisions taken do, of course, stand. I . . |