The Cincinnati Enquirer from Cincinnati, Ohio • 41

Friday, August 50. TUF. CINCINNATI KNgi IRFR I I 1" 1 t1 I i Defend Constitution Might To Take High Voltage Line Easements HT It i tive action as members of the ciliens committee opposing construction of the transmission line. The companies charged that undue delay of the transmission line project could cost the companies and consumers a great deal of money, result in future power shortages and have a detering effection on the utilities' willingness to investigate sums of money "for the future needs of the people of Ohio." THE COMPANIES asked that, the property owners' motion for summary Judgment be Stnled. The proposed transmission linp would be installed on high steel towers extending from Miami Fort Station at Cleves to Seven Mile where it would interconnect with The residents of the area have suggested consideration by given to placing the lines underground or to following existing lines along highways instead of using the proposed steel towers.

A hearing on the dispute is scheduled for 9:30 a.m. Thursday before Judge Robert L. Marrs. possessed the power to appropriate private property did so according to the provisions of Chapter 2709. "Thus, what the legislature accomplished with the passage nf Chapter 163, was the merger into one statute (with the exception of highway appropriations under certain condition) of all appropriations for the public use whether by a public or by a private agency," the companies contended.

The companies further contended that in modernizing eminent domain procedures the legislature retained at least one concept "sanctioned by age and authority," that of placing (he burden of proof on the landowner in a public appropriation to show that some abuse of discretion has occurred. The companies called the defendants' argument that the 15-day time period allowed by Section violates constitutional due process was entirely academic," contending the defendants had been preparing for the suit long before it was tiled and were plaintiffs in a prior injunc Carta and have quoted hoary, but little used Latin phrases, and yet through It all they have failed even to so much as mention, let alone analyze, the one important authority that is directly in point with the issues they raise." The suit filed by Mr. and Mrs. Davies and Mr. and Mrs.

Nieman against the appropriation of an easement through their lands for the purposed transmission line is part of a fight by a "citizens committee to preserve our historic and scenic area" against construction of the line. The committee contends the line would unreasonably affect the health, welfare and safety of persons residing or working in the area and would devalue and detract from their properties. The companies charged that prior to the enactment of section 163.09 of the Ohio Revised Code public bodies could appropriate private property for public use and the only litlgable Issue was the question of compensation and that corporations such as utilities which By JOHN CLARK Hamilton Bureau Chief HAMILTON, Ohio The Cincinnati Gas Electric Co. and Dayton Power Light has defended the constitutionality of the statutes under which the two power companies are seeking to appropriate easements for a proposed high voltage transmission line through Butler County. In a memorandum filed in Butler County Common Pleas Court opposing a motion for summary judgment filed earlier by Mr.

and Mrs. Joseph N. Davles, 3070 Layhigh and Mr. and Mrs. John T.

Nieman, 3215 New London charging unconstitutionality, the power companies contended the statutes in question "represent a patently rational and valid exercise of legislative discretion and are based on sound legislative experience and Judgment." THE POWER COMPANIES charged that Mr. and Mrs. Davies and Mr. and Mrs. Nieman in their motion for summary judgment have "relied on precedent going back to the Magna Union Twp.

Board Opposes Park Plans Woodlawn Okays Advertising For Bids On Swimming Pool By ROLF WIEGAND Enquirer Reporter WOODLAWN-Council this week authorized advertising for bids on an outdoor swimming pool to be built Into the 58-acre park where the municipal building and other recreational facilities are located. Woodlawn Boulevard, running from Grove Road to a dead end at the MuniciDal Building, is presently being extended so it will run through to Kiddle Road. "II will be a big savings to the poliee and ambulance services," Mayor James D. Keels said of the extension. "It given the police and the citizens better access to the park and to the opposite sides of the community.

"It will tie the community together," he continued, "allowing the police to cross Woodlawn without using Springfield Pike." Council authorized purchase of four stop signs for the intersection of Grove and Riddle Rds. Grove Road has rectntly been widened and resurfaced. Advertisements for bids on a project to complete the blacktop sidewalks on Marion Road were also authorized. A lake previously kept the sidewalks from being put In, according to Mrs. Kay Spraul, temporary administrative secretary.

Keels says the weed and trash ordinances are due for "more heavy enforcement," adding that "if the people don't comply with the law, they will be cited to Mayor's Court. "We are determined to keep the community nice and clean," Keels said. North Bend Delays Water Line Bond Decision NORTH BEND-A decision to sell a $7000 bond to assist one of the village's residents with the cost of putting in a water line has been delayed because of the smallness of the amount Involved, Mayor Charles Lehring says. The water line, to be extended 1100 feet from Addyston, should cost about $10 per foot. Three residents will benefit from the line, but one has to put up most of the costs, the mayor explained.

If the bond is sold, the water line can be put In and the residents can enjoy the water service. The resident for whom the bond was sold will pay the cost of the line by installments added to his tax bill, Lehring said. Village Council this week authorized advertising for bids to blacktop two sections of roadway, one on Shady Lane and the other on Harrison Pike in the village. "We thought we could get a better deal if we advertised the two Jobs together," Lehring said, "but the situation on Shady l.ane is holding us up. "There was a landslide up there.

It was recommended to us that we put pilings 19 feet into the ground on the right hand, uphill side of the road. "We're going to have to put pilings two feet In diameter on five-foot centers 150 to 175 feet up the road. That's going to trouble the cost of the work easily," the mayor said, adding that the pilings would cost $35,000. Lehring ays he expects the county to assist In financing the work, since Shady Lane Is "primarily a county road anyway." He says some funds will be taken from the $5 road tax fund. Council has discussed having the worn down curbing in the village spot-fixed, but Lehring says the problem is that many contractors don't bid on such small jobs.

Council might attach the curb work to the Shady LaneHarrison Pike projects. The county is in the process of fixing 1200 feet of Brower Road from Harrison's tomb to the village line. Lehring says the road has been "sinking for years and years." He san the county is going to relocate the road next to the old one on Its landward mde. The original cost of the work was $66,000, but Lehring figures it will cost closer to $80,000 with the general increase in the cost of everything. Even though, as with Shady Lane, Brower Road is used "90 by county Lehring says he has "high hopes that it won't sink again." By CLIFF WARD Batavia Bureau Chief MT.

CARMEL, Ohio-Union Township trustees have joined Clermont County commissioners In opposing the Hamilton County Park District's plans to extend their Southwest Regional Park into Clermont County. In a letter to the Ohio, Kentucky, Indiana (OKI) Regional Council of Governments, which has been asked to review the plans for the two-county park, the Union Township trustees said they "unanimously endorse the Clermont County commissioners in their efforts to stop Hamilton County from expanding their park into Clermont County." Trustees Rocco Spinclli, Thomas Clepper and Kenneth L. Zitt first noted that "we already have a vast number of acres in the Cincinnati Nature Center in Union Township open to the public, and we will have approximately 11,000 acres of parkland in Clermont County surrounding the East Fork Reservoir." No Public Testimony At En vironmen Airing Petal Miss Hostetler at her stand; customer Ginger Rutshaw, Walnut Hills, inspects wares Street Selling Exciting, City Flower Lady Says Woman Nominated Mrs. Neiheisel CHEVIOT-fhe motion to appoint Mrs. Dorothy Neiheisel, widow of Councilman Norbert Neiheisel, to succeed him was made by the only other woman member of city council, Miss Inez Gingerich, at this week's session.

Neiheisel, who died July 26, had served as a Democrat councilman in Cheviot for 10 years. He had also been a trustee of Green Township for 12 years. Miss Glngerlch's motion was followed by one from Paul Dorenkemper, asking council to appoint Kenneth McDowell to the Vacant seat. Dorenkemper, a Republican, was seconded by Joseph Griener, the only other Republican on council. Dorenkemper's motion was defeated by a 4-J' party-line vote.

Mrs. Neiheisel was confirmed to council by the same tally. Expressing her gratitude for the appointment, Mrs. Neiheisel said, "I hope I can do as good a job as Norb did." She then Introduced about 10 members of her family that had been in the audience for the occasion. If Mrs.

Neiheisel is to fill the posts her husband held for the. remaining 16 months of his term, she will be a member of the Finance, Sewers, Schools, Traffic Transportation and Fire Police Protection Committees as well as chairing the Annexation and Lights, Streets and Sidewalks Committees. Bids Opened For Delhi Radio System DELHI opened bids for a Local Government Frequency radio system, to be used by the maintenance department at this week's meeting. A $12,000 bid from Motorola was Trustee W. Emerson (Dusty) Rhodes says that the radio system could be used by township police, if trustees and representatives of the Hamilton County Communications Center do not agree on a rate to be charged for emergency dispatching service.

Rhodes, who complimented the service offered by the Center and said the idea of centralized dispatching was a good one, nevertheless said that the service should be paid for out of county tax revenues. He says Delhi has never been charged for the service before. Mariemont Village Council this week approved new rates for the dispatching service by the Center, providing those new rates, which are based on the number of times a given community's emergency equipment is dispatched, are approved by the Hamilton County Commissioners. Delhi trustees plan to write the Hamilton County Heali Board about a vacant tenement building at 4200 Delhi Pike which neighbors say is infested with rats. The neighbors fear that when the building is torn down, an event scheduled for the near future, the rats will scatter into the neighborhood.

Rhodes says the trustees, "one way or another," will work to solve the problem. Trustees said extending Southeast Park into Clermont County "may well hinder the reality of the badly needed Nine Mile sewer project." "We believe, as the Clermont County commissioners, that if this, land Is turned over to the Hamilton County Park Board, the board may well have the authority to prevent our sewer lines from going through their park, and in doing so, prevent, many of the people of Union Township from obtaining the much needed and deserved sewers." Trustees said the park in Clermont County also could possibly stop the proposed Nine Mile connector which, in their opinion, is needed. The park district has submitted its application to obtain a 50 grant for acquiring about 121 acres of the Clermont County land it wants, for review and comments of the OKI council. Altogether, more than 600 acres in Clermont are in the proposed 2200-acre Southeast Regional Park. mobile may well have to be established.

Increasing information tends ti point to the automobile as a prime factor in suspended particulate matter concentrations in urban areas such as Cincinnati." Lack of funds for enforcement is a problem, Ermenc said. "While the AQMA concept is meritorious, a number of shortcomings are apparent, and the most apparent Is lack of funds to make the concept viable. The future even looks dimmer as further budget reductions possibly may take place." Written comments on proposed local AQMA designations will he accepted until September 25 at the U.S. EPA Region office, 1 N. Wack-er Chicago, 111.

60606. Lor eland Gets Gift: A New Flag Enquirer Batavia Bureau LOYKLAND It was only natural that a Lovelander as knowledgeable about flags as retired apt. Howard A. Miller of the Air Force, should use his knowledge to benefit his city. He did just that, and accompanied hy former Mayor (ieorge Anderson, presented the flag he has designed to the city council at its session Tuesday night.

it is a red, white and blue Hag divided into two triangles to represent the three counties Clermont, Hamilton and Warren into which Love-land is divided. A big red heart in the center represents Love-land, the land of love, and in the heart is the date 17 when the community was first established by Col. Ramsay and Col. Paxton. Above the heart, in the field of white, is a Buckeye leaf to represent Ohio.

Council adopted the design as Loveland's official flag. Miller presented council with two three-by-five-foot flags, one of nylon to be displayed on the inside of the new City Hall rearing completion, and the other of bunting for hanging outside the new City Hall. Miller is known throughout the Cincinnati area for his collection of flags and for his historical narrative about the Flags of the United States. He makes his home at 1224 Sunrise Loveland. "One night when I was very frustrated and depressed, I said Jokingly that I would take up street peddling for money.

And the next morning, surprisingly, I went down to City Hall and bought a peddling (street vendor) license," Rosalea Hostetler said. She has a small cart at Fifth and Vine from which she sells fresh flowers and imported trinkets. "As an artist, I needed money to continue my work. I couldn't find a job in Cincinnati that paid me what I was worth for my talents. I decided to work as a street peddler at my leisure with my own hours," Miss Hostetler said.

Despite her attempts to abide by the city ordinance concerning street peddling. Miss Hostetler said that when she first started working she was harassed by merchants and frequently checked by police. "I try to abide by the rules of my license but I have had some problems," she replied. Iack Of Support Cited By JO-ANN ALBERS Enquirer Reporter There was no public testimony given at the U.S. Environmental Protection Agency's (EPA) hearing at the Hotel Terrace Hilton earlier this week.

About 30 people attended the hearing planned to gather comments on proposed designation of Cincinnati and Hamilton Middletown Air Quality Maintenance Areas (AQMA). The designation and special controls it requires are suggested because of potential for violating federal and state air quality standards in the 10 years following the July 1, 1975, deadline for meeting the standards. Cincinnati automatically will receive an AQMA designation because of already required transportation controls, AQMA guidelines dictate. E.D. Ermenc, superintendent, Cincinnati and Southwest Ohio Division of Air Pollution Control, agreed with EPA that particulate (dust and dirt) and ozone (photochemical oxidant) concentrations justify the AQMA designation.

He said it is doubtful that the Ohio standard for suspended particulate matter will be met, but said the lower federal standard will be met by 90. "The question of whether 90 compliance meets federal standards needs resolution and must be answered before AQMAs are established." he said. "If 90 compliance is inadequate, then a new particulate program revolving aroundthe auto Chief Quits In voting to accept the resignation, trustee David McGinnis commended Noland for building the Union Township Police Department "into a professional full-time department" while trustee Larry Gundler declared the township "has suffered a great loss." Raymond Rosenberger, third member of the trustee board, was absent. Noland made headlines in November, 1972, when he reportedly was drugged when off-duty and again approximately a year later when he was admitted to Bethesda North Hospital after being shot In his right temple. Trustees are expected to appoint a new chief at their September 10 meeting.

-Enquirer (Bob Lynn) Phcto Pusher "One day last spring, a merchant kicked over some of my flower pots." Besides being a street peddler and artist, she also owns, manages and runs a seasonal hotel In Kansas from May through Labor Day. "The hotel Is a funky sort of place which attracts people who like the unusual. It attracts creative people who want to get away from everything and go to a small town atmosphere," she explained. "In general, I have been successful and I do have some regular customers. People who travel a lot find street peddling very exciting.

It sort of reminds them of San F'rancisco, Miss Hostetler commented. "I make a point of getting fresh flowers every day and burning incense. "My selling day is as good as I make it, she said. "Some days I can do as well as a day behind a typewriter." from citizens of the area, lack of funds to hire sufficient manpower, continual harassment and slanderous allegations from the news media with no means of restitution, lack of co-operation from certain county law enforcement agencies "and no hope of bettering the department or easing the workload on the present employees for at least two more years and only then If the citizens finally become aware of the growing crime rate and need for adequate police protection." Noland said he leaves the department "with regret" and "in remorse for the chain of events which led to this final decision." He offered to serve on a part-time basis or as acting chief until a full-time chief is appointed if trustees so desire. Norwood Expands Fire Department NORWOOD-The city's fire department was authorized to hire two mors irelghters this week, raising the force to 70 men.

City council unanimously approved the new positions, after Vice Mayor William Cosgrove said improved vacation benefits granted to present members of the force made additional hiring necessary. In a related development council agreed to use $141,000 in revenue sharing funds for the police and fire departments. Norwood receives nearly $600,000 In revenue sharing monies from Washington each year, which must be earmarked for general purposes at the beginning of each quarter. The councilmen also had the first reading of an ordinance that would raise the salaries of non-union city employees between 10-14. There is continuing debate about the size of some of the raises, but it was decided this Meek that elected officials would not be included in the legislation.

Concerning the city's revised zoning codes which have been held up in committee for more than three months-Cosgrove said that the finished document will be placed on the agenda at the next meeting. Union Township Police Enquirer Hamilton Bureau WEST CHESTER Union Township Police Chief William Noland has announced his resignation, effective September 9, citing lack of support, harassment and slanderous allegations as the reasons. Noland, who has held the post since the township's full-time department began operation in August, 1971, Indicated he has accepted anoother position but did not disclose where or its nature. In his letter to township trustees, Noland said he had given deep thought to his resignation "and I feel it Is the only recourse open to me under (he circumstances." Noland said he was leaving his profession due to a lack of support Green Twp. Gets Bicentennial Honor GREEN Ryland, township clerk and chairman of the Green Township American Revolution Bicentennial Commission says federal, regional and state officials will present the certificate recognizing organization as an official bicentennial community at 8 p.m.

Thursday on the stage at the Harvest Home Fair. Ryland says the Green Township Commission Is the first in Southwestern Ohio to receive federal recognition. He says that while Cheviot and Delhi Township. commissions work with his organization, they are separate organizations..