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Show uaivt,'t.V rttn robrrt iu,r.r,; rchnl-- t 1... li 1v', cit7- V3t r-U- r.f u ntph- pj P . ,f 31iU2 WESTERN AMERICANA' SALT LAKE CITY, UTAH VOLUME 17, NUMBER 134 Legco Aid. Staff I Lawyers Strike In New York Utah Supreme Court Decision Sales Tax on Tires TAX COMMISSION EXCEEDED STATUTORY POWER (UPI)-T- he strike by for Aid the attorneys Legal Society, which represents indigent defendants in the city, has been described by the society as grossly un- NEW, YORK Ken Holt Company, Plaintiff, v. State Tax Commission, et aL, - Defendants. and' professional Any Federal tax assessed against the tangible personal property is to be excluded in determining' the purchase price against which the state tax is to bn calculated. Plaintiff counsel : Kenneth L. Rothey 422 East 5th South Defendant counsel: Supreme Court: Vernon B. Romney Bruce M. Hale Robert Kasanof, acting chief , . attorney for the society,' told a news conference, that The union action in abandoning the clients of the society is not merely irresponsible, but, as attorneys, grossly un The Association (UPI) Attorney F. Lee enormous amount of gold in his Bailey contacted forma1 Atty. Gen. possession and would like to make John N. Mitchell on behalf of un- an arrangement with the governnamed clients hoping to sell 100 tons ment whereby the gold could be of gold buried in New Mexico to the turned over to the government federal government, the Boston without the client being prosecuted Globe has reported for holding the gold. But the newspaper said Bailey Bailey told the Globe, however, denied trying to work out a deal that his clients had done nothing under which his clients would escape illegal and would have ho problem prosecution on federal statutes with the antihoarding law. prohibiting the hoarding of gold. They can't be prosecuted Former White House Counsel John because theyre not holding the W. Dean m, in testimony before the gold, the newspaper quoted Bailey Senate Watergate committee, as saying. quoted Mitchell as saying during a Im sure that John will recollect luncheon meeting earlier this year: that when I talked to him my conBailey has a client who has an cern was not immunity," Bailey BOSTON Guilty Verdict WASHINGTON (UPI)- -A federal judge has reaffirmed a guilty verdict he handed down against the the Finance Committee to President (CRP) for not reporting a $200,000 contribution from financier Robert L. Vesco. Committee lawyers had asked for a claiming they had found a new point of law which made it legal for the committee not to have reported the contribution after a new federal law went into effect Re-Ele- ct April 7, 1972. Lawyers for CRPs finance committee said a section of the law they had not considered previously made it legal not to report the source of a contribution promised before April 7 if the amount was included in d a report. A committee lawyer, Kenneth W. Parkinson, said the group had complied with those requirements. Judge George L. Hart ruled, July 9, that the committee's argument was faulty because such promises had to be in writing and the Vesco promise was made orally. He then reaffirmed his guilty verdict. On June 20, Hart found the committee guilty of violating the new cash-on-han- ' of Legal Aid the Attorneys, representing lawyers, struck July 2, following the expiration of its contract with the Society, and an unsuccessful bargaining session. The association Bailey Denies Seeking Deal On Gold Clients Nixon Committee without legitimate grounds. See details page 4. Judge Affirms said. Bailey said he first contacted Mitchell in March because he was an experienced lawyer who knew his way around the White House, the Globe said. The gold, estimated to be worth about $250 million, consists of bars, coins and artifacts, some of them old Mexican, Spanish and Indian, and is buried on land leased to the army and owned by private and public interests, Bailey said. He said his- group of about 50 clients contend they have a right as finders to sell the gold to the federal government at a profit. Bailey said the gold was buried in the 1930s. But, he said he did not know how it got there, who buried it , or how his clients learned of its location. DETROIT (ACCN) Sharp criticism of lagging criminal and civil caseloads in Michigan courts as well as wide sentencing disparity among some judges, has been voiced by Supreme Court Justice G. Mennen Williams according to an article in The Detroit Legal News. n former Williams, a governor of Michigan spotlighted statewide financing of all Michigan courts as an important help to a solution to these problems, The Legal News said. Only such financing, he stressed, could provide equal justice for all through a one court of justice system as provided for in the State Constitution. His plea for support of the well-know- . statewide court financing plan, details of which are being worked out by a committee comprised of key members of the Governors Office, the Legislature and the Supreme imposed a $3,000 fine. Hart ruled that the committee should have reported the cash contribution from Vesco because it was delivered after April 7, even though it was promised before that date. - Vesco and former Nixon cabinet officers Maurice Stans and John N. Mitchell are under indictment in New York on charges of obstructing an investigation by tin. securities and exchange, commission into Vescos finances, in was involved. which the Caseloads, Kasanof said, have been reduced to manageable levels, adding the society could not ailow every attorney to decide for himself whether he is working too hard. No serious Judge Rejects Plea to Revive Radio Station (UPI)-- A petition seeking the reopening of conservative Minister Carl Mcln-tire- s radio station WXUR has been denied by a federal judge here. The station, located in Media, Pa., went off the air at midnight, July under orders of the FCC, which 4--5, charged it did not provide equal air time to persons of opposing points of view. The ruling by U.S. District Court Judge Clifford Green, followed testimony from only one witness. Mclntire, pastor of the Bible in Church Presbyterian he would said Collingswood, N.J., begin broadcasting from a ship in the Atlantic Ocean by months end ta escape federal regulations. He said the pirate station would be called Radi? Free America ; disruptions were the courts. About 150 reported aid legal attorneys and supporters rallied in Foley Square to dramatize their position. Kasanof said he knew of a number of legal aid attorneys who had ignored the strike call, but in he declined to specify how many. At the rally, Arthur Kinoy, a New York University law professor, said Busy, Busy! he was shocked to learn that many (UPI) A bee colony may fly legal aid attorneys represented 40 37,000 trips and log 50,000 miles to clients at one time and that many were paid less than $14,000-a-yeaproduce one pound of honey. What you are doing, he said, is in the proudest tradition of the American bar. r. The chief negotiator for the society, Robert Kasanof, said the strike is a disaster for the poor. Our clients are being abandoned. This is not a strike against the society but .against the rights of our clients. There are clients in jail today whose cases were scheduled to go to court but their lawyer was not there." The 400 striking lawyers are seeking higher wages and improved conditions particularly working the right to determine individual Court, came in a speech to attorneys attending the State Bar Upper Peninsula Legal Institute at Menominee. Justice Williams, The Legal News noted, also questioned whether equal justice for all Michigan citizens could be dispensed by a judiciary that was unequally compensated. He noted that the caseloads. The Legal Aid Society, funded e Probate Judges salary of ranged from $21,000 to $35,000; while through an $8 million contract with Circuit Judges' salaries ranged the city, represents 75 per cent of the defendants in thd city's courts. from $26,500 to $39,200. full-tim- The impossibility of obtaining timely transcripts for trial and appeal purposes; the tangle of local court rules in many jurisdictions, and, pressure by some county Board of Commissioners on judges to collect court costs (which than in the rather remain county) to the fines (which by law go library system) are other problem areas that can be remedied by a one court of said. he justice, Justice Williams added, according to The Legal News, that recently some trial judges told the Supreme Court that they would be comfortable' with a court rule requiring a six month cutoff point for jail cases and 12 months for bail cases. But, he noted, some other trial judges were reluctant to consider anything under one year and two years" for jail and bail cases. Compare this with the 60 days between arrest and trial that Chief Justice Burger sets as a standard, Justice Williams said. is no Incidentally, the unreachable star, he added. He noted that the 11th Circuit (Alger, Chippewa, Luce and Schoolcraft counties) averaged 1.3 months from filing to trial in criminal jury trials in 1972. Wayne County Circuit Court averaged two months from arrest to Law Professor Fears Society Run by Dossier OHIO (UPI)-Art- hur HAMILTON, R. Miller, Harvard Law School professor, has protested the starting of a dossier-oriente- d society through government use of state-finance- d, PHILADELPHIA federal election campaign act and wants higher wages, a reduced caseload, better facilities for conducting interviews, and a system allowing one attorney to follow a case through to its end. There is no legitimate basis for a strike," Kasanof said. He said the last salary offer made by the society represents an increase of nine per cent which, he said, would raise salaries to the level of assistant district attorneys, and that paid by many private law firms. Mennen Williams Gives (Michigan Courts Scolding - $200,000 TUESDAY, JULY 17, 1973 computers, data collecting and recording of information. The basic problem is not just the misuse of governmental resources of time and money, but what is really happening is that we are society, starting a dossier-oriente- d Miller said at the third in a six-pa-rt series on computers and privacy by Miami University and the Ohio Program on the Humanities. If a citizen knows he will be on 60-da- file, photographed or otherwise comes to the attention of authorities, it is not hard to believe he will become unwilling to engage in free speech, petition and dissent, which are the three rights expressly guaranteed in the first amendment trial in criminal jury trials. We don't have all the figures, yet, .. but obviously the people of Michigan deserve to know and must know. I wont even talk about sentence disparity, he said, which is So bad that not only Michigan newspapers but national papers talk about our problems. - of the U.S. Constitution. The law professor said the person with the most right to know what is in an individual file is the subject. There should be due process for him to see or to have access to that file on him, and the right to correct any misinformation : in that file, he 4aid. , |