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Show Page Eight FRIDAY, OCTOBER 30, 1970 - i Gateway Amendment To Utah Constitutional (Continued from page 1) judges. New Jersey adopted a new constitution in 1948 with emphasis on improved efficiency and economy in government. In the 1950s both Alaska and Hawaii upon admission as states commenced statehood with modern constitutions. In the 1960s Michigan was the first state to produce a new constitution. Under the leadership of George Romney as chairman of the constitutional convention a modern constitution was drafted and submitted to the voters who approved the document in November 1962 by the razor thin margin of 50.2 percent in favor. Today serious studies on constitution improvements are being conducted in most of the remaining states including the large states, Illinois, Ohio and Texas and our mountain neighbors, Idaho and Montana. Let us consider now our Utah situation. Why is the Gateway Amendment needed? Briefly, at present we can proceed with the tedious section by section amendment of each article or call a to convention constitutional write a new constitution or make sweeping changes to the present document. There is no intermediate tool available to the people. The Gateway Amendment provides this tool for an article by article revision by broad subjects such as the legislative, executive or judicial branches and education or natural resources. It permits the electors to make significant decisions without imposing too wide a span of attention and too heavy a burden at one time. The first portion of Proposition No. 1, the Gateway Amendment, repeats the exact wording . is Key Gains of the present constitution. The last sentence of Article XXIII Section 1 concludes as follows: If two or more amendments are proposed, they shall be so submitted as to enable the voters to vote on each of them sepa- rately. The Gateway Amendment substitutes for this sentence the following: The revision or amendment of an entire article or the addition of a new article to this constitution may be proposed as a single amendment and may be submitted to the electors as a single question or proposition. Such amendment may relate to one subject, or any number of subjects, and may modify, or repeal provisions contained in other articles of the constitution, if such provisions are germane to the subject matter of the article being revised, amended or being proposed as a new article. Although the above quoted language the present constitution is capable of a broader interpretation, the Legislature, starting with five amendments in 1898, has usually included only one section of one article in a proposed constitutional amendment. Courts in other states having a similar constitutional provision have imposed a narrow interpretation of what is one subject. For example, the subject could be the legislature or travel allowances or length of session. The more restrictive interpretation of subjects has been folof lowed. Consequently a proposal to amend the constitution to increase the length of session with a proportionate increase in pay to legislators would require two amendments, with still more amendments if other features of the legislative article were in- - VOTE FOR THE MAN WHO DOES JOB THE THE SALT LAKE TIMES m Merit Selection Policy Endorsement Dianes Day BY DIANE WEILENMANN It has been generally recognized nationally and in Utah that a political election to fill the office of Judge has proved to be unsatisfactory and has not induced the best qualified lawyers to seek judicial office. Likewise, experience with the headless ballot system of judicial elections previously in effect in Utah is almost unanimously conceded by the bench and bar to have worked unsatisfactorily. Furthermore, experience has shown that a qualified candidate is reluctant to leave his practice and assume the bench and periodically engage in a political contest to remain there. Through the combined efforts of the Utah Bar, Legislative Council, and the Legislature, an alternative was devised and enacted into law by the 1967 Legislature which we believe can and will work to obtain the most qualified candidates to fill judicial vacancies. Under the law, judicial nominating commissions are stablished for each of the seven judicial districts in the State, and one for the Supreme commisCourt. These sions are composed of seven members, two appointed by the Governor, two appointed by the Utah State Bar, one by the House of Representatives, and one by the Senate. The seventh member is the Chief Justice of the Supreme Court. When a vacancy occurs in a district court or in the Supreme Court, the appropriate nominating commission selects three qualified lawyers to fill the position and submits their names to the Governor. The Governor must appoint one of the three. The Utah Constitution provides that the appointment be made solely upen the basis of qualification and not political affiliation. After a Judge is appointed, he must periodically go before the voters unopposed on the question as to whether he should be con bi-par- ty MIDI AND ME In 1947 Christian Dior dropped his collections hemlines with results felt around the world on the back of every lady's calf. The War was over and the ban on fabric usage was lifted. The couture celebrated by presenting women with huge Bertha collars, big puffed sleeves, yards and yards of ruffled skirts and sashes that wrapped the waist several times, made a large bow, and still touched the end of the skirt. Another hem change will take place in 1970. Everyone wont drop their hems immediately, but they will begin seriously considering it! No one can afford or wants to discard a 10 year collection of shorter skirts, so well have to clever in altering our shorter clothes into a longer life. Before you get upset for the longer hems, consider: Solution No. 1 for a short-skirtedress is to wear it as a long top over a pair of smashing pants; Solution No. 2 for a short-skirte- d dress is to add cuffs and a new width at the bottom in a matching or contrasting fabric; Solution No. 3 for a short-skirte- d dress is to separate the bottom and add a new empire waist and fitted section around the hops, then rejoin the skirt. While you're at it, add a darker color for the waist it will make you seem smaller; Solution No. 4 for a short skirt is to invest in several long thick tops, then remove your waist bands and add a new yoke to fit around your hips and wear your new tops over the alteration. Solution No. 5 for owning a new midi wardrobe is to lengthen the hems you didnt cut off back as long as theyll go. Solution No. 6 in midi wardrobe planning is to dig deep into your closet and drag out all the old rags you never did hem up, clean them, buy a pair of boots, and behold the new you! d non-partis- an an tinued in office. If at any such election a majority of the electorate vote no, then his judicial office becomes vacant and the appointing process begins anew. It is the philosophy of the law that an honorable and able Judge is entitled to remain in office when he has maintained a record of integrity, diligence, and has demonstrated a judicial temperment. The Utah plan is basically the one recommended by the American Judicature Society, and adopted in several states, sometimes referred to as the Missouri Plan. It differs slightly, however, from the Missouri Plan in one ifportant particular which seems to have caused confusion, especially with some of the news media. The Utah Legislature thought it desirable to permit any lawyer to run against the Governors appointee at the next general election following his appointment, or upon the expiration of his term, and added this provision to the bill originally proposed. Opinions differ as to the wisdom of this variation, but it is the Bar Commissions position that the right of any lawyer to run against an appointee should not be extended further than the law now provides, for to do so would seriously weaken the merit concept of the plan and return us to the unsatisfactory headless ballot system of a few years ago. The new Utah law has not been in effect long enough to fairly or accurately determine whether or not it will accomplish the desired result. The Utah Stale Bar Commission, however, is thoroughly convinced that over the long pull this law offers the best method of obtaining able, judicious and experienced judges yet enacted in the State of Utah. Holidays are a lot of fun. Do not spoil them by not concentrating on your driving. Vacationing is only fun if you get there. volved. If voted on separately the electors could vote to increase the length of sessions but vote down any increase in pay to legislators for their prolonged period of service. The Gateway Amendment would permit one integrated proposal relating to the legislature to be approved or rejected by the people. Federal Bar Assn. Elects Kesler To Succeed Mock We know W. Sterling Evans. His record as County Clerk is above reproach. His office is run efficiently, honestly and courteously. We are supporting him to continue as County Clerk. We urge our friends to vote on November 3rd for W. STERLING EVANS TO CONTINUE AS COUNTY CLERK Oscar McConkie, Jr. Henry D. Moyle, Jr. Richard Howe Herbert B. Maw Richard Bird Peter Leary Ollie McCullough Irene Warr Bryce E. Roe Mark Eggertsen Paid Political Advertising W. Sterling Evans Comm. Utah Chapter, Federal Bar Association, has elected A. Pratt Kesler, an assistant U.S. attorney and former Utah attorney general, as president. Mr. Kesler succeeds H. Byron Mock. Mr. Kesler currently is chairman of the judicial council of the Utah State Bar and chairman of Utah Commissioners on Uniform State Laws as well as being a past president of the Utah State Bar. Other new officers of the Federal Bar Assn, are Harvey C. Sweitzer, Department of Interior, legal department attorney, first vice president; A. Reed Murdock, civil division attorney, Hill Air Force Base, second vice president; and Delano S. Findlay, Securities and Exchange Commission attorney, Make your choice a change. CarlK. VOTE COUNTY TREASURER DEMOCRAT Paid advertisement by Volunteers (or Black welder Committee |