The Cincinnati Enquirer from Cincinnati, Ohio • Page 22

C-2 METRO THE CINCINNATI ENQUIRER Tuesday, June 5, 1984 Judge Requests More Information On Athletes' Ban fill ming pool that could not be filled until put in as much water as it would hold The Cincinnati EnquirerJ.D. Scott' repairs were made. They iust and enjoyed the sun. the Westview Condominiums, a solution for a leaking swim- Victim Finds Goods from outside their legal or traditional turfs. "This was a rule that the member school wanted to prevent recruitment," Healey told Spiegel.

Recruiting athletes for high schools in Ohio violates association rules. It is impossible to prove that students have been recruited, Healey conceded, but some coaches believe private schools do it because they can accept youngsters from anywhere. REGARDLESS OF whether the students are recruited or drawn by the chance to play on state championship teams, this advantage jeopardizes fair competition, Healey continued. "It only takes one or two nonresident student athletes to make a difference." Moreover, out-of-state athletes displace Ohio youngsters, he said. The previous rule, requiring a transfer student to wait one year, didn't work because so many sat out ninth grade and still had three years of play, he added.

"There Just wasn't any means short of this rule." Richard Armstrong, commissioner of the Ohio High School Athletic Association, said the bylaw was approved by 2-1 majority of the approximately 800 member schools. About 200 are private, he added, and the rest are public. Healey rejected Randolph's argument that the government has a fundamental interest in such bylaws, saying that if courts have ruled that education isn't a fundamental right, how can extracurricular activities meet that criterion? RANDOLPH ANTICIPATED this, saying that not only is there a fundamental interest in seeing that states treat each other's citizens equally, but the Ohio bylaw must meet three tests to be valid: Is there a problem or evil that Justifies action? Are the persons discriminated against the source of the evil? Could the law be more closely tailored to the problem? Randolph said the bylaw barring out-of-state athletes failed all three tests. There is no proof of recruiting, Randolph said, with grudging agreement from Healey and Armstrong. There is no proof that putting out-of-state athletes off limits will end or control recruiting if its exists, Randolph continued.

Moreover, the bylaw is too broad and there must be better ways to deal with the problem which really troubles the coaches, that is, the sense that private schools have a competitive BY BEN L. KAUFMAN Enquirer Reporter Judge S. Arthur Spiegel Monday sent attorneys back to their homework in the case of four Kentucky boys barred from inter-scholastic high school sports in Ohio. Spiegel wants to know how other states, especially Michigan, Indiana, Kentucky, West Virginia and Pennsylvania, treat out-of-state athletes. That's important, the judge noted, since the constitutional issue before the U.S.

District Court focuses on how states treat each other's residents. AT THE end of the three-hour hearing, the lawyers packed their papers and one of the youths, Dennis C. Alerding, rushed from the courtroom to take his final exam in religion. "I missed it this morning to testify," Dennis said. The four youths Alerding and David, Douglas and Gregory Moellering are students at St.

Xavier High School in suburban Cincinnati. They and their fathers are suing the Ohio High School Athletic Association over its 1979 bylaw banning out-of-state athletes. They claim the ban illegally discriminates against them simply because they live in another state. They say the bylaw denies them the opportunity for a "total education" which includes the benefits of interscholastic sports if they can make the team. Those benefits, Alerding and his father testified Monday, include a more impressive college entrance application and social professional contacts that are invaluable in the Cincinnati area.

Their attorneys, Jerome C. Randolph and Harold Simms, said the bylaw created a constitutional issue under the "privileges and immunities" clause of Article 4.2 of the U.S. Constitution. THE GOVERNMENT has a fundamental interest in maintaining "comity" or equal treatment of residents among the states, Randolph argued, and bylaws such as the one challenged Monday undermine that goal. That's not true, Roger W.

Hea-ley, attorney for the association, said. There was no such issue in this case, he said, asking Spiegel to sustain the association and the bylaw. State courts did that, he noted, deciding not to intervene so long as the bylaw was equitably applied. The bylaw was approved overwhelmingly, Healey explained, to prevent schools with winning traditions from gaining further advantages by attracting students LOW TIDE: Several residents of 2500 Warsaw Price Hill, found 2 Arrested BY DAVID WELLS Enquirer Reporter Two Mount Auburn men charged with receiving stolen property were caught by police after they allegedly tried to sell a burglary victim some of her own furniture. Andrew Griffin, 19, and Jerome Benson, 20, both of 301 Seitz were arrested May 16, when they pulled up in front of Evelyn Bas-kins home at 338 McGregor St.

When Theft with a van load of furniture, police said. The furniture had been taken from Mrs. Baskins' home on May 11, police said. Benson was convicted of receiving property valued under $300 last week, and will be sentenced by Judge J. Howard Sundermann on June 26.

Griffin was bound over to the grand jury Monday on the more serious charge of receiving property valued over $300. Lexington Might Lose Spot On Jackson's Concert Tour LEXINGTON, Ky. (AP)-Pop music star Michael Jackson and his brothers have waited so long to sign a contract with the managers of Rupp Arena that a planned June 22 concert here is probably impossible, a Lexington Center official said Monday. Time has just about run out for managers of the arena to arrange mail-order ticket sales and advertising, Lexington Center official Bill Pickett said in an interview with WKYT-TV. "I'd say that is a fair statement," Pickett said.

"The following weekend is still possible." Jackson's mother announced two weeks ago that the six brothers would open their much-anticipated summer concert tour June 22 in Lexington. But Rupp Arena operations director Bill Humphrey said the arena still had no contract Monday afternoon with the Jacksons or their representatives. "Nobody has put their money down or signed a contract," Humphrey said. "I spent two hours on the phone with them this morning and talked to them late last night. Your guess is as good as mine." Teach 1 i i The task force thinks those statements should be eliminated from policy and recommends giving the teacher the authority to make those decisions on an individual basis.

Another complaint by teachers addressed in the report is that they are not given adequate time to prepare their final course grades. For nearly all the schools in the district, the last day of final exams is only one or two days before grades are due. With less than 48 hours grading time, teachers say they can't give students long essay exams. Irene Thorman, who teaches English as a second language at Withrow High School, said her final exams are given on Wednesday and grades are due on Friday. However, on Thursday, classes will meet as usual, preventing her from using that time for grading.

"I ASKED the principal, 'What do I do with them? They will be done with their tests, I won't have anything to And he told me he hopes I know hqw to tap dance," Thorman said. The report recommends that teachers be given at least five school days after the final exams to prepare their grades. The school board has not had time to study the report but will probably address it at their meeting at 7 p.m. Monday, task force members said. Parents and teachers from the group will attend the meeting.

James Jacobs, superintendent, requested a copy of the report and said the Marking Practice Committee of the school board will evaluate the recommendations made in it. CONTINUED FROM PAGE C-l trying to retain too many students, administrators assume she may not be performing well," Jones said. "The principal will call her in and say, 'You want to retain students? Pick It's not so much a quota for promoting students as it is against retaining them." THE TASK force report recommends leaving the decision to pass or fail a student up to the teacher alone. According to the report, current policy states, "More than two years in a given grade should never be required" and "Repetition of two successive grades should be avoided." finally agreed check for it." to give them a HOGAN DECIDED to send Griffin's case to the grand jury after hearing several prosecution witnesses; including the suspect's own mother. Mrs.

Mary Griffin, a tenant of Mrs. Baskins, said she became suspicious of her son after the burglary "because I heard my other son, Anthony, bragging about certain things." Funeral Home, 345 W. McMillan St. Burial, St. Joseph New Cemetery.

Mrs. Remilda C. Holt- meier, 84, of Madisonville, died Monday at Christ Hospital after a brief illness. Mrs. Holtmeier was the widow of the late Anthony (Tony) Holtmeier, for many years a plumbing contractor in eastern Cincinnati.

She Is survived by two daughters, Betty Snow and June Grunkemeyer, sons, Donald, Thomas and Jerome, all of Cincinnati; 26 grandchildren and 24 great-grandchildren. Mass of Christian Burial, 10 a.m. Wednesday at St. Margaret of Cortona Church. Burial, Gate of Heaven Cemetery.

No visitation. Gilligan Funeral Home handling arrangements. Memorials, St. Margaret of Cortona Church. William Hofmann, 89, of Norwood, a longtime custodian in the Norwood School District, died Saturday at Riverview Care Center, Delhi Township.

Hofmann worked more than 30 years for the Norwood School District as a custodian. For 63 years, he was a member of both the Norwood Eagles Aerie No. 499 and the Norwood Lodge No. 576 I He was in the Scottish Rite, Syrian Shrine, and formerly with the Color Guards. He was past patron of the Order of the East- em Star No.

160 Arra, past worthy shepherd of Calvary Shrine No. 39, White Shrine of Jerusalem, and a royal arch Mason. Hofmann also was active in the Salem Community Church of Christ, from its beginning; around the turn of the He is survived by his wife, Vir- ginia Volz Hofmann; one daughter, Marie Williamson, of Nor- wood; one son, George W. Hofmann, of California; a sister Clara Otting; five grandchildren and two great-grandchildren. Services, 10 a.m.

Wednesday at the Salem Community United Church of Christ, 2053 Courtland Norwood. Burial, Vine Street Hill Cemetery. Visitation, 6-9 p.m. today at the Naegele Kleb Ihlendorf. Funeral Home, 3900 Montgomery, Norwood.

Scottish Rite ring service and the Norwood Lodge" service, both at 7:30 p.m. Ernst "Ernie" Hanf-' bauer, 81, of Finneytown, died-Saturday at Providence He was a real estate sales agent-with Cold well Banker from 1955 until the time of his death. From. 1936 to 1955 he owned and operated Hanfbauer's Grocery in Finneytown. He was a member of College Hill Lodge No.

641, Scottish Rite and the Syrian Temple. He was a member of Matthew United Church of Christ, Winton: Place. He leaves his wife, Loraine. a daughter, Zita Oakley, Cincinnati; a son, Ernst Hanfbauer. Kennewick, a sister, Lena Hanfbauer, Winton Place, four grandchildren and six great-grandchildren.

Services, 10 a.m. Wednesday at Hodapp Funeral Home, 6041 Hamilton College Hill. Visitation, 4-8 p.m. today. Burial, Spring Grove Cemetery.

Memorials: American Cancer Society. District 4 Investigator Tom Mathes said he and other officers were waiting for Griffin and Benson at 335 McGregor because the two suspects had been negotiating the sale of the furniture with Mrs. Baskins for two days. "She had called us two days earlier," Mathes said during Griffin's preliminary hearing Monday before Judge Timothy Hogan. "They had tried two or three times to set up the sale with her.

She Deaths Regis C. Berning, 78, of the Western Hills, former chief auditor of Provident Bank, died Sunday at St. Francis-St. George Hospital. A 1928 graduate of Xavier University and former semipro baseball player, he had been associated with Provident Bank for 47 years.

He was affiliated with the Men of Milford for 15 years and an accountant for St. William's Keep Bingo Fund. Mr. Berning is survived by his wife, Virginia; three sons, John, vice president of J.A. Kindel Richard, St.

Xavier High School basketball coach, and Philip, a computer marketing consultant; two brothers, Ed, Cincinnati, and retired Navy Capt. John, Treasure Island, a sister, Jule Johannigman, Cincinnati; 13 grandchildren and one great-grandson. Visitation, p.m. today at Harry Meyer Geiser Funeral Home, 4989 Glenway Ave. Mass of Christian Burial, 10 a.m.

Wednes-day at Our Lady of Lourdes Church, Western Hills. Burial, St. Joseph (New) Cemetery, Price Hill. Bobby Lee Seabolt, 57, formerly of Cincinnati, died Friday at Flow Hospital In Denton, of injuries from a fall at a construction site. Mr.

Seabolt had moved from Cincinnati to New Whiteland, 15 years ago. Survivors include his wife, Virginia, New Whiteland; his mother, Margaret Seabolt, Oneida, two sons, Jerry, Norwood, and Harold Seng, New White-land; two sisters, Dora Seabolt, Oneida, and Helen Waters, Valley Head, and six grandchildren. Services, 10 a.m. today at Wilson-St. Pierre Greenwood Chapel, Greenwood, Ind.

Burial, Forest Lawn Cemetery, Greenwood. Olga F. Doll, 92, of Wyoming, Ohio, widow of the former president of Valvoline Oil died Friday at her home. Wife of the late Gus P. Doll, Mrs.

Doll was an honorary member of the Queen City Club, a member of the Wyoming Presbyterian Church and of the North Port Point, colony. She is survived by two daughters, Audrey Lippard and Dolores Stewart, both of Cincinnati; two grandchildren and two greatgrandchildren. No visitation. Services at the convenience of the family. Vorhis Funeral Home, Lockland, is in charge of arrangements.

Memorials, to Wyoming Life Squad or charity of donor's choice. Earl J. Hanschmidt, 74, Northside, died Sunday at Veterans Administration Hospital, Cincinnati. Mr. Hanschmidt was a retired expediter for the Continental Can Co.

During the big-band era, he played saxophone with Greg Gordon and his orchestra. Mr. Hanschmidt was a World War II veteran and a member of the U.S. Army Band. Survivors include his wife, Mildred, brother, Charles H.

Hanschmidt, and sister, Jeanne Dewald. Mass of Christian Burial, 10 a.m. Wednesday, St. Monica Church, Clifton Heights. Visitation, 5-8 p.m.

Bros. the Missouri and paddle 2,500 miles upstream to the headwaters of the Missouri in Three Forks, Mont. Campbell said from the Madison River in Three Forks, the two will cross the Continental Divide and portage about 25 miles to Henry's Lake, Idaho, the source of the Snake River. They hope to be out of the Rockies by September to escape the cold and snow. Once on the Snake River, they begin their last 1,500 miles and canoe downstream to the Columbia River, and finally, to Astoria.

He said the longest recorded canoe trip is 8,800 miles, from New Orleans to Nome, Alaska. To handle the rough rapids in the mountains some rated Class 5 on a difficulty scale out of a possible 6 the two will switch to a white water canoe towed to them by Campbell's father Howard. Canoe CONTINUED FROM PAGE C-l paddling 10 to 11 hours each day, Campbell said. The pair then portaged 30 miles over the Allegheny Front and the crest of the Appalachian Mountains so they could begin the downstream leg of west-flowing waters. The rivers they canoed included the Green-briar, the New, the Kanawha and the Ohio.

They have averaged 40 to 45 miles a day on the Ohio. At Cairo, 111., Campbell and Davis will take a right and paddle 220 miles upstream on the Mississippi River until they reach the Missouri River, just north of St. Louis, Mo. THERE THEY'LL hang a left onto the east-flowing waters of "WE NEED a different canoe because of the difficult water," Campbell said. "Class 5 is pretty rough; Class 6 rapids are a risk of life even when you're doing everything right." The shape and special plastic construction of the white water canoe will enable them to maneu-ver in the 15- to 16-foot high waves, Campbell said.

By enclosing the canoe with a spray skirt that snugs around their waists amd attaching a float cushion on top of the skirt, the two will turn the 15-foot, 75-pound canoe into a two-man kayak. If they should tip, they will spin around and pop upright. On calm waters, they use an 18'i-foot fiberglass flat-water canoe, which sits more deeply in the water. It is more difficult to maneuver, but it makes better time, Campbell said. CAMPBELL SAID it has rained about one out of every four days but that hasn't gotten the two down yet.

The only other trouble has been trucks. The two were hit by a semi tractor detached from its trailer while portaging through West Virginia. Davis was taken by ambulance to a hospital for observation, and Campbell was unharmed. He camped for the night, and the two resumed the trip a day later. "It came out of nowhere just hit us, boom.

If we'd been on bicycles we'd be dead," Campbell said. As they entered one of the busiest rivers Saturday, they had no qualms about barge traffic. "We start out in the current and just hug the shoreline if it gets busy. We're always watching, though," Campbell said. "We've met a lot of people; it's been real interesting." produce any kind of cloth product its stockholders choose.

Right now, however, the market is strong in pants. "We're producing pants a dollar cheaper than the old company did here in 1982," Gill says. "It's simply made off the people's backs, though. They're making a living, but I don't know how. I'm sure if you're used to nothing, though, one-half is better than none.

If and when we make a profit, we'll all benefit." Workers are most concerned about foreign-made garments. Even at $3.50 an hour, they cannot compete with pants made in China and other Far East nations. "The Chinese got to eat too," Gills says, "but we've got to learn to take care of our own first." MANCHESTER WILL get that chance. The company has already opened a room as a Plant CONTINUED FROM PAGE C-l then foreman, and finally chief designer. When the three-story plant closed and he was laid off, he and several other former workers decided to found Manchester Manufacturers.

What they had to offer was experience, not money; dependability, not orders. And faith. THE PLANT can now produce 4.000 pairs 3f polyester pants a week. Gill and others deliberately selected polyester because a market exists for it. Besides, they say.

it is perfect for capturing the small-store market across the nation. If the market changes, the company can factory outlet, and so far a number of local people have visited regularly to buy the firm's MMI Slacks. The product bears the logo of a steamboat. A steamboat was chosen because river packets, or steamboats, carrying merchandise to other markets once made Manchester a thriving little port. Gill says the company will survive because it will make high-quality clothing at an affordable price.

Nine salesmen scour the nation for buyers, usually small- and medium-size department and general stores whose customers fancy polyester pants. The large chains have already signed contracts with Farah. Levi Strauss, and other major companies, Gill says, but Manchester Manufacturers is searching for its small-town niche because therein lies the firm's survival, I.