THE BATTALION
WEDNESDAY, JUNE 7, 1978
Page 5
*\Utah physician accused of supplying,
Howard Hughes with codeine
United Press International
^ OGDEN, Utah — A Logan,
r J'i l ^tah, physician was indicted Tues
day on a charge that he illegally
supplied Howard Hughes with
5,500 units of codeine during the
last 20 months of the billionaire’s
ife.
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A federal grand jury handed up
e indictment against Dr. Wilbur
S. Thain after a year-long investiga
tion by the Federal Drug Enforce-
itapijlinent Administration. Two other
Hughes aides were indicted on simi
lar charges in Las Vegas, Nev., in
March — John Holmes, a vice pres
ident of Summa Corp., and Dr.
Norman Crane.
Max Wheeler, assistant U. S. At
torney for Utah, said Dr. Thain “or
dered and delivered’’ 5,500 doses of
codeine phosphate, the liquid in
jectable form of codeine, to Hughes
from August 1974 until Hughes’
death in April 1976.
“The law says a doctor can only
distribute drugs if he does so pur
suant to a legitimate medical pur
pose,’’ Wheeler said. The evidence
showed, he said, that there was no
legitimate medical purpose in this
Thain, 53, is currently director of
the Exceptional Child Center at
Utah State University in Logan, but
was formerly under a five-year con
tract to Summa Corp., as a medical
advisor and consultant. He is a
brother-in-law of Bill Gay, who was
on the board of directors of Summa
and became president of the corpo
ration after Hughes died aboard an
airplane en route from Mexico to
Texas.
The indictment charges Thain
with making deliveries of the drugs
to Hughes in Acapulco, Mex., and
the Bahamas.
Conviction could bring a
maximum penalty of 15 years in
prison and up to a $25,000 fine.
Wheeler said a summons would be
issued for Dr. Thain. >
Carter’s hospital bill plan
before Commerce Committee
Supreme Court hands down ruling
that local governments maybe sued
United Press International
WASHINGTON — Overruling a
; 1961 decision, the Supreme Court
I” piled 7-2 Tuesday that local govern-
Lm bodies may be sued under a
; Reconstruction-era civil rights law
"or depriving people of their con
stitutional rights.
irmancfl Speaking f or the majority. Justice
William Brennan said such suits
bv 18,1
, . nay be brought against local gov-
, ore< \| irnments — and local officials in
'' y their official capacities — where the
!<) . jl slaimed unconstitutional action car-
a e5 ° ies out an officially adopted policy,
icrant )rc }j nance or regulation.
1 * In addition, the opinion said,
1 " e ,l m ocal governments may be sued for
3'P™ images and injunctions because of
| R )I1 denials of rights arising from gov-
;mmental “custom,” even though
he practice has not received formal
vvi approval.
/II Dissenting Justice William Re-
tmquist, speaking for himself and
Chief Justice Warren Burger, pre
dicted Congress will have to act to
overcome the effect of the ruling.
The test case was brought by
■ .some New York City employees
'to vho were forced by the school
^ board to take unwanted leaves of ab-
rnaiional sence during pregnancy. The policy
insurell now has been changed,
er tliai The women invoked the 1871
i Indepe Civil Rights Act, which punishes
arled q4’“any person” who under color of
rs on spt fstate law deprives another of his
sandsei constitutional rights.
| In 1961, the court ruled that cities
hemselves cannot be sued as “per-
for damages. The cbm-
ilainants argued that officials may
both cities and officials may be sued,
but cities are not responsible for acts
of their employees which are simply
wrong and do not arise from a law or
a policy.
School boards may not be distin
guished from other governing
bodies, Brennan said.
Rehnquist said the court’s deci
sion that a city is not subject to lia
bility as a “person” has been in ef
fect for 17 years, and that Congress
has not seen fit to change it. The
court itself has affirmed the princi
ple three times, he said, but now
abandons it on the basis of the same
background it had in 1961.
“Only the most compelling cir
cumstances can justify this court’s
abandonment of such firmly estab
lished statutory precedents,” the
dissenters said.
“The doctrine of municipal im
munity enunciated in (1961) has
protected municipalities and their
limited treasuries from the conse
quences of their officials’ failure to
predict the course of this court’s
constitutional jurisprudence.
“None of the members of this
court can foresee the practical con
sequences of today’s removal of that
protection. Only the Congress,
which has the benefit of the advice
of every segment of this diverse na
tion, is equipped to consider the re
sults of such a drastic change in the
law.
“It seems all but inevitable that it
will find it necessary to do so after
today’s decision.”
United Press International
WASHINGTON — With HEW
Secretary Joseph Califano cautiously
! predicting victory, President Car
ter’s plan to limit the increase in
hospital bills to 9 percent a year
went before the House Commerce
Committee Tuesday.
Califano said recently that hospi
tal costs rose an average of 17 per
cent between 1975 and 1977 and
warned the inflationary trend must
be stopped.
Chairman Harley Staggers,
D-W.Va., indicated the panel will
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take up several major amendments
during debate on the bill, which is
opposed by most of the nation’s
7,000 hospitals.
Despite claims by the the Ameri
can Hospital Association that its
members already have begun cut
ting costs on a voluntary basis,
Califano said Monday he felt the bill
will pass Congress.
“I think the situation is improv
ing. I believe we will get it,” said
Califano after a Cabinet meeting at
the White House. He predicted the
vote would be close due to strong
lobbying on both sides.
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In today’s opinion, the court said
mencans
eat out
\ more by 1980
jasic sli
er we c
fter,” I
rested ilf United Press International
inf tesli ‘ DES MOINES, Iowa — By 1980,
1 if a tea Americans will be spending half
nightk 'their food dollars in restaurants, a
with fill estaurant association official said
the tiw today.
irprise i Between 35 and 37 percent of the
food dollar at present goes to meals
anythi»*eaten in restaurants and that
on, a i amount is growing, Peter Canakes,
the 90-t'‘executive director of the Iowa Res
taurant Association, said.
morninlB Canakes said rising food prices
e among the main reasons for the
irojected increase.
“People are finding it as cheap to
:e their family out as it is to go to
he supermaket and buy a roast,” he
said. “So when this occurs they are
often going to the easier alternative
— taking the family out.”
Canakes said families with several
children are finding they can eat out
for less than it would cost to produce
a similar meal with all the trim
mings.
But the growing number of cus
tomers does not mean a sudden
boom for the restaurants, he said.
Some restaurants will not be able to
survive.
“On the contrary, there will be
some closures,” he said. “I wish this
Srst tes 1 weren’t the case.
irea ]lej The fast-food restaurant is tops
use today in family eating with the
supper-club atmosphere right be-
jj p r ,ii hind for couples.
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“This is when you consider your
deadli^ avera g e eating habits,” Canakes
iiderali j ( said.
f the f When mom and dad are taking
^ jg'i the kids out, they want a good deal
nd coi" ' for their money and a lot of food,
nmittf' We will be seeing more and
4.3 Jl more fast-food restaurants springing
jnU j U (j] up around the country,” he said,
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