KANSAN
THE UNIVERSITY DAILY
Tuesday, June 28,1977
The University of Kansas—Lawrence, Kansas
Vol.87,No.151
gain right to advertise
WASHINGTON (AP)—In a decision the Supreme Court said would extend lawyers' First Amendment guarantees of free speech, the court ruled yesterday that lawyers may advertise fees for routine services such as uncontested divorces and drawing up will
The 54 ruling struck at one of the legal profession's longest-standing and most sacred traditions—that lawyers do not handle their services in the marketplace.
The decision could bring about major changes in the practice of law and in the medical profession, which clings to similar traditions and rules against price ad
The ruling overturned an Arizona Supreme Court rule prohibiting lawyers from advertising. Virtually all states have passed laws forced by state courts and bar associations.
The court majority opinion stated that the constitutional issue "is only whether the state may prevent the publication in a newspaper of the attorneys' truthful advertisement concerning the availability and terms of routine legal services."
To ban such advertisements violates the First Amendment guarantees free speech, the Court has ruled.
Writing for the majority, Justice Harry A. Blackmur stressed that the decision applied only to the narrow area of advertising fees for relatively simple legal work.
"The only services that lend themselves to advertising are the routine ones: the uncontested divorce, the simple adoption, the uncontested marriage, the change of name, and the like." he wrote.
The court will wait to consider whether broader types of ads, such as boasts about the best service in town, might be banned, be added. Blackmun suggested that "such claims may be so likely to be misleading as to warrant restriction."
State Bar opinion
JUNCTION CITY (AP)—The president of the Kansas Bar Association expressed disappointment Monday with a Supreme Court ruling that gives lawyers the right to advertise for routine services, following a 69-year ban on advertising.
This service, Howard Harper, the president, said, is "really not a saleable item." It's something personal, like hiring someone to work on a project of turning the practice of law into a business operated by a retail business. I guess I'm just too old-fashioned.
Harper said he doubted that the price of legal services would be reduced if advertising of fees began. He stressed his belief that people hire lawyers not on the basis of prices, but professional reputation.
Justin A. Stany, president of the American Bar Association (ABA), said the court's action "might well be a good thing." Most attorneys who decide to advertise or engage in working in legal care or are engaged primarily in routine legal services, he said.
"I shouldn't think that lawyers that
attended it indicated matters would
advertise," he said.
State courts and the organized bar will retain the right to police legal advertising and punish lawyers who make false or misleading claims, the court said.
Casting its decision as a boon for consumers, the majority said the advertising ban had made it difficult for shoppers to purchase their goods and accepted service at the lowest cost.
The prohibition "likely has served to burden access to legal services," Blackmun刀
Poor people sometimes have greater access to lawyers than middle-income persons because of legal services programs by federal and local governments, he said.
"Advertising does not provide a complete foundation on which to select an attorney." Blackmun said. "But it seems peculiar to deny the consumer at least some of the relevant information needed to reach an informed decision."
The court said there was no proof that legal fees would increase if lawyers were allowed to advertise, and there's much evidence to suggest that the opposite would
Once lawyers begin to advertise, they
may charge clients for clients by
cutting their fees, the court told.
"Where consumers have the benefit of price advertising, retail prices are often dramatically lower than they would be without advertisement," Blackmun said.
"It is entirely possible that advertising law provides the assurance, the cost of legal services to the community."
Justice William H. Powell, a former ABA president, complained in a dissent that allowing lawyers to advertise fees would be misleading to the public.
"Some lawyers may gain temporary advantages; others will suffer from the economic power of stronger lawyers, or by the subtle deceit of less scrupulous lawyers," he said. "Some members of the public may benefit marginally, but the risk is that many others will be victimized by similitic price advertising."
During the past few years, consumer groups and the Justice Department have waged increasingly strong attacks on addictions, the legal, medical, and other professions.
Building of controversial tower to begin soon
By CHRIS COX
Staff Writer
Construction of a controversial 180-foot communications tower for the Emergency Operations Center (EOC) will begin the second week of July, according to Travis Brann. Douglas County emergency preparedness coordinator.
The tower and its radio equipment may be in operation by mid-October. Brunel
The tower will be in the parking lot south of the Douglas County, Idaho and Law Enforcement streets. The radio equipment will be housed at the EOC in the law center's
THE COMMUNICATIONS equipment will complete what county officials have called a "total emergency preparedness package" to serve as a backup radio communications system if normal police and fire operations are knocked out during a disaster.
Bram said normal police and emergency communications would be tied into the EOC and if they failed, the EOC would take over and enable dispatchers to continue normal
operations from the main communications
center.
Installation plans for the tower ran into difficulties last April when the Lawrence-Douglas County Planning Commission and the county commission approved the county commissioners' request to build the tower. The debate was continued until a detailed review was submitted by the county commissionors to be constructed so close to South Park.
IN THE FOLLOWING WEEKS, downtown residents complained that the tower would be an eyecon and that they didn't understand the structure overlooking their neighborhoods.
City approval for the tower was granted in May after city officials decided the structure compiled with Lawrence's comprehensive land-use plan.
Brann said the EOC would have radio transmitters and receivers to cover all public radio systems used in Douglas County. These systems include the local police, fire departments, Douglas County ambulance service, the local city and county government communications, the KU Police Department,
the University of Kentucky Authority and the Kansas Highway Patrol.
AMATEUR RADIO EQUIPMENT also will be part of the ECAN, Brann said, and will be used by Douglas Community volunteer radio ground stations in storm watch and emergency programs.
The tower, as well as the necessary antennae and radio equipment, is part of a $63,602 contract with Motorola, Inc. of Topeka. Actual cost of the tower is about $14,000; the remainder of the money is for equipment and installation.
Douglas County will pay one-half the
construction costs and the remaining amount will be covered by federal funds.
The tower will require no supporting wires. Buried in an 18-foot or deeper concrete base, the galvanized steel structure will be mounted on a mill-hour winds according to Motorola.
A GENERATOR WITH ENOUGH fuel to last two weeks also is part of the backup system and will operate the EOC if commercial power is lost in a disaster. Brann
When completed, the EOC will be one of only two communications centers in Kansas capable of withstanding blackouts caused by nuclear fallout.
"I've gotten 16 calls since June 6 from students who want to know if the sweepstakes are legitimate." Kroger, Duke director, of the Consumer Affairs Association, said yesterday.
The sweepstakes-by-phone approach is the way Tangleweed, a Memphis-based land development company, has introduced University of Kansas students and Lawrence University faculty to participate in the game.
A caller who says she's calling for Lucky Sweepstakes tells you that if you answer the question correctly, you win two prizes. The prizes available are the following: a color TV, a Florida Sun Coast vacation, a California vacation or $750 cash, a $500 savings bond, a microwave oven and a freedom collection package.
The Lawrence office places calls, but a receptionist there refused to give the local address. She only gave directions to the property.
Connie Nusser, graduate student from Syriac, said the caller asked her to identify from three names given her, which was president was assassinated before John F. Kennedy.
"The impression people have been getting is that they could inspect Tanglewood and then select two prizes from the list," she said, "but numbers on the letter indicate the prizes."
She said the prizes listed were available, but that most people win a freedom collection package and a Florida vacation. The package consists of reproductions of American historical documents, she said, and the Florida vacation pays only for accommodations for two nights in an unpaid motel or hotel.
Lucky Sweepstakes no buyer's bonanza
Kroger said each winner had received an Express-O-Gram from a Memphis address that lists prizes and gives directions to Tangwell lake property. The winner must agree to look for the prize before the deadline.
Nusser said the caller told her she had won two prizes and would receive instructions next week about how to pick up the prizes.
Kroger said that if the winner takes the vacation she must pay the tax on the hotel bill, and pay for his food and travel expenses.
You answer the question correctly, and the two prizes are yours. You'll receive instructions later this week about how to pick up your prizes, the caller says.
"If five people who have winning numbers don't show up to collect the big prizes," Kroger said, "the people who have come to see the property have their numbers put in a box."
She said she had no reports of high-pressure selling tactics from salesmen
But one Lawrence resident who visited the property with her husband said that there's more to buying lake property than many people realize.
Margaret DR. R. 2, said and be husband, James, had found that buying one of the 2,500 lots and building on it would mean that they would have to cut down trees, install a fireplace, replace the roof and do some other work.
Dixon said the sales representatives were vague when they were asked when telephone lines would be installed. She said they told her they would have to wait to see how many
Dixon said they were told that residents would have to take their trash to a pickup place in another town.
"All water had to be hauled in," she said, "and there was no mail service and no phone connections.
"There are a lot of things you don't think about." Dixon said, "and salesmen can be very persuasive, so you don't have time to think of questions."
The salesman asked her and her husband whether they would like to live there and whether they would sign the papers that day. They refused, she said, and the officiant told them not to attend. The man with the affidavit was
In use the old idea I want to wash my hands. She said that the salesmen promoted the development as "a place to get away from it all."
They so sent a few dogs, at six o'clock in the morning. They were curious. She and her husband were skeptical before they went, but they were curious to see what the property was. They had to talk about two weeks ago when they saw the dog's owner, who was very nervous.
The rainy season in Lawrence seems to have subsided, for at least a couple of days. The National Weather Service in Topeka predicts only a 30 per cent chance of rain this morning and the weather in the mid-80s. Tomorrow, temperatures again will be in the mid-80s, with no chance of rain.
Weather
School board approves new classrooms
He said he was convinced that this delay would not significantly increase the risk of cancer for those individuals who believed they must consume saccharin.
Tom Copeland, chief of fire protection for the state fire mansal's office, said the cell
COLUMBIA, Tenn. (AP) - Arson investigators said yesterday that the thick smoke that killed 42 persons in the Maury County nail apparently contained cyanide.
Cyanide suspected killer in Tennessee jail disaster
New saccharin risk studied
Tuesday
The legislation would establish
saccharin should remain available for any purpose." Kennedy said.
From our wire services
The Lawrence Fire Department has discontinued its search for three boys who reportedly disappeared in the Kansas River Sunday. The search was conducted between Lawrence and Eudora, about eight miles upstream.
In addition, the sweeping bill would establish a new office within the Justice Department to investigate corruption by government officials and disclose by high-level federal officials; place restrictions on former employees of the executive branch in dealing with the government; establish an Office of Government Ethics and Social Services; and establish an Office of Congressional Legal Counsel.
Search for boys discontinued
The boys, who appeared to be 12 to 15-year-olds, disappeared when their raft spilled over the Bowersock Dam just
WASHINGTON-President Jimmy Carter considers legislation to authorize a special prosecutor to root out Watergate-type crimes and to require financial disclosure by top government officials a matter of interest. The Senate agreed and approved a broad-ranging government ethics measure.
The administration's strong support was spelled out in a letter from White House counsel Robert Lipshut to committee leaders as the Senate opened debate. In addition, the government last year, but it was approved late for the House to act.
WASHINGTON—The Food and Drug Administration (FDA) is considering a complete ban on the sale of saccharin.
FDA Commissioner Donald Kennedy told a House subcommittee that the agency might prohibit all sales of the artificial sweetener because of a new Canadian study that shows an increased evidence, and an increase in the number of bladder cancer men whose use saccharin.
procedures for the naming of temporary special procedures to investigate and bring to trial high-level government vice president, and vice president, Cabinet members.
north of the downtown district, witnesses said.
POLice said yesterday that they had received no reports of missing youths from the eastern part of the state or locally.
A fire department spokesman said, "We are not even sure we are looking for anyone."
The Unified School District No. 497 Board of Education voted last night to add two permanent classrooms to Schwegler School. The renovation, 202. Completion is projected for October.
He said the FDA was extending until Aug. 1, the comment period on the original proposal to ban the use of saccharin in soft drinks and foods but would allow the artificial sweetener to be sold to the public over the counter.
Carter supports ethics bill
"Our only purpose is to examine, in the light of important new findings, whether
Kennett E. Fisher, assistant superintendent for business and facilities, said the additions would provide room for students who will attend Schroeter next fall.
When enrollment in an elementary school reaches 350, Fisher said, district guidelines call for additional rooms to accommodate classes, special services and gym facilities.
Bill Bradley, board member, moved that the board authorize district administrators to visit the school.
west part of the district and begin plans to build a new school. His motion was defeated in a 3-2 tie, board members Gary Cordra and Larry Haffett joined Bradley to favor the motion. Julie Johnson opposed the motion. Charles Oldfather and Martha Masinion voted in opposition.
Hellen Gilles, board member, was absent from the meeting.
Fisher told the board that its guidelines opposed building a new school while other schools in the district had empty rooms. He said district predictions showed no projected growth in student population and fewer students, he said the district more space than it needed.
Fisher said, "Although 350 students is still the desired number in a school, we need
In other action the Board:
more room to do the same job. The numbers became more important because our philosophy has changed.
— Approved 1977-78 salaries of $36,672 for Carl Knox, superintendent of schools; $27,692 each for Fisher and Robert Taylor, assistant superintendent for instruction and personnel, and $10,737 for Joan Brown, board clerk.
- Approved a contract with Kelvin L. Dawson to a computer program for special education
- —Accepted a low bid of $0.829 per one-half pint from all礼士星 Dairy for two per person. —Accepted a higher price of $1.65 per one-half pint.
- Accounted bursal total for tuxedo
uniform bursal for food and drug
supplies
• Accounted bursal total for $38,707.24 from
Voss said Zimmer apparently was handed a cigarette by a visitor against whom, the district attorney said, charges also would be filed if he could be found.
He said researchers didn't know of the danger when the Maury County billhouse was built.
padding was polyvinyl chloride over foam plastic. Such substance is difficult to burn, because it absorbs heat.
Dist. Atty. Gen. Bob Gay said Zimmer would be charged with arson. Other charges may be filed if an investigation shows they are warranted, he said.
Sheriff Boss Voss said the Sunday afternoon fire that occurred during visiting hours, was set by Andrew Zinner, 16, of Superior, Wis, who was picked up Saturday morning, to be from Wisconsin to a house from a Wisconsin home for emotionally disturbed teenagers.
"We took blood samples from eight people and in three of them there were relatively high levels of cyanide," Copeland said. "All carbon monoxide levels and high levels of carbon monoxide."
in all, 34 inmates and eight visitors died in Sunday's fire. Most inmates were awaiting trial and had not been convicted of anything.
Sitting under dozes of job descriptions, Joe Willey, Shawne Mission graduate student, Service Center, 833 Ohio St., according to Edson Mills, manager. He predicted that 600 to 800 searches through want ads for summer employment. It's a typical scene in the Kansas Job people 21 and under would use the placement service during the summer.