The Eugene Guard from Eugene, Oregon • Page 13

I Section until City News LANE COUNTlrtS HOME NKWSRUER, EUGENE, OREGON, FRIDAY, NOVEMBER 1, 1963 By Sacred Heart Proposed Extension Contested Maylower Pearl St. Trial Begins Purchased By DAVE EMERY ot th Retliler-Guard The long-awaited legal collision on Pearl Street occurred in a crowded Lane County Circuit courtroom at 11:17 Friday with no immediate casualties. At stake is extension' of Pearl Street skirting Amazon Park to link the downtown Eugene area with the Suth-Avenue route to Interstate 5. Calvin Crumbaker and William Williamson, two Eugene residents, are demanding that the city abandon the Pearl Street link unless the project is approved by voters. The road already is graded and awaits paving.

Crumbaker and Williamson want the road filled in again so that the divided park will be whole again. More than 40 persons many of them under subpoena to testify filled the courtroom of Judge William Fort for the start of the trial. A central issue in the case will be the question of whether the six-block extension of Pearl Street from 24th Avenue to 30th Avenue is a "controlled or limited-access highway." An amendment to the Eugene City charter, endorsed by Crumbaker and Williamson and approved by voters in 1960, requires the city to submit any proposal for construction of such a limited access road to a public vote. In an opening statement to the court Friday, City Atty. Herman Hcndershott declared that the city and other defendants will try to prove the 1960 amendment is unconstitutional and invalid.

In the initial 45-minute session attorneys posed these additional questions for the court: Do Crumbaker and Williamson have legal standing to bring suit against the city over this issue? ress Fund is "neutral" In the matter of whether the road should be built and denied the allegation that the Century Fund and the city engaged in any kind of illegal conspiracy. Attorney Tom Brownhill, representing Wildish Construction said the contractor takes the position that the city did have legal authority to contract for the work, and that the contract is valid. As first witnesses in the trial Hillier called Harold D. Robin, son, assistant manager of the Lane County Title and Lynn McCready, charter president of the Century Progress Fund. The non-jury trial was to continue Friday afternoon, and, if necessary, Saturday morning.

Judge Fort will resolve the legal controversy after the trial ends by deciding whether permanent injunction to prohibit construction of the road is justified. Is the exchange of deeds under which the city is paying $51,000 to get land-use restrictions removed by the Amazon Park donor legal? Do city councilmen and other municipal officers bear legal responsibility as individuals for the city's acts? Defendants in the suit are the city; Wildish Construction which has a contract to build the road; the Century Progress Fund which donated Amazon Park to the city, and a number of city officials. Judge Fort dismissed the complaint against one defendant, Mayor Edwin Cone, when the plaintiffs' attorney, Ralph Hil-lier, reported that the sheriff had been unable to serve Cone with a copy of the complaint. (Cone is on a trip around the world and will not be back until later this month.) Attorney John Luvaas told the court that the Century Prog The purchase of the Mayflower Theatre Bldg. at 788 E.

11th Ave. was announced late Thursday by Sacred Heart Hospital Sister Theodore Marie, administrator, said the hospital paid $106,000 or the theater and will use It ultimately as an auditorium for the hospital's school of nursing and for medical staff programs. Besides the theater itself, the building contains 10 apartment units and two office spaces. These will continue to be used for rental purposes to hrlp pay off the cost of the building. The theater portion is under lease until 1974 to the Western Amusement Co.

Unless the hos pital and theater agree to a mutual cancellation of the lease, the theater could continue in opera tien until that time. "This purchase wa sa difficult decision to make at this time," Sister Theodore Marie said, "since every dollar we can possibly raise is going into the hospital construction program. However, it would be impossible to build a facility of this type for that price, and the property is necessary for the future development of the hospital." The Mayflower Theater is immediately north of the present hospital. Sister Theodore Marie emphasized that none of the funds raised during the recent community-wide, hospital construction campaign was used for the Mayflower purchase. "We made a small down payment from our property acquisition budget," she said, "and the income from the building will make the contract payments." i i ml Weatherman Hazy Board OKs Bailey Hill School Plan It Might Rain At UO Game -T 1.

1 Architect's plans for another new junior high school to aerv the rapidly expanding south On River Road All the Eugene weatherman would say Fri Tell-Tale Signs Of Goblin Antics west portion of the Eugene day about the possibility of rain during Satur I day's University of Oregon-San Jose State football game in Eugene is that "it could be wet," School District were approved Thursday by school board members. It is the Bailey Hill Junior Lane QroupsNix Commercial Zone On the other hand, the weatherman continued, it might not rain during the game. High, to be built off Bailey Hill Road about 2,000 feet east of the present Bailey Hill Elemen tary school. Future plans call for a high school on the same site. The weatherman's prediction of a high temperature of 55 degrees tor Saturday puts topcoats on the recommended list for the game, along with umbrellas.

Officially, the Eugene-Springfield ares prediction calls for cloudy 'skies tonight with occasional periods. DeNorval Unthank, of the ar chitectural firm of Wilmsen, Endicott and Unthank, went over plans Thursday with the Cause ol the uncertainty concerning the timing of Saturday's precipitation is a storm front with lots of potential for rain! How school board members. Several changes suggested at a preliminary review of the plans have been incorporated in the final drawings, he said. The school board set Dec. 5 It was, perhaps, how the average pioneer looked after an Indian trick-or-treating party.

Someone took the Halloween occasion Thursday night to decorate the Pioneer Father statue on the University of Oregon campus. Arrows "protruded" from his body and a tomahawk was "imbedded" in his head. The statue, photographed by UO student Jim Lowell, was expected to survive the attack with no ill effects. Meanwhile, Register-Guard photographer Phil Gren-on found something new on the Halloween scene that confronted trick-or-treaters at 3511 Wood Ave. in the Bethel-Danebo John Perin, who lives there, rigged up this giant Jack-o'Lantern man on his front porch and wired it for sound.

So when youngsters like three-year-old Patty Bank, daughter of Mr. and Mrs. Jim Bank of 3450 El-mira approached the Perin porch, they were greeted with a booming voice from the pumpkin man. The pumpkin man explained his flashing orange-light nose by saying he'd borrowed it from Rudolph. much rain and when it falls depends oh how fast this storm front passes over the as the date to open bids on the new school.

It is to be ready for use next fall. Initial plans call for construc tion of facilities capable of handling 300 to 400 students'. More units will be built later Emerald Empire, the weatherman said. Five-day forecasts indicate that precipitation could continue in Western Oregon for the next five days, with the heaviest rainfall on the coast. Eugene weather records show that a trace of rain had been recorded at the U.S.

Weather Bureau station at Mahlon Sweet Airport from midnight Thursday to 10 a.m. Friday. Thursday's high temperature was 56 degrees, and a high of 58 degrees was expected Friday. Friday morning's low was 39 degrees. for an eventual student enroll ment of 800 or more.

The school district has $660,000 in its budget for the initial construction phase. Funds will come from a bond is sue already approved by tha voters. The Initial construction proj Says Mrs. Charles Michel The line will be held against creeping commercialism along River Road, Lane County Commissioners and the County Planning Commission informally agreed Thursday. The two governmental groups sat down over lunch in the courthouse to discuss the future of River Road.

The meeting was spurred by a request by the Truax Tire Store, Inc. of Salem for rezoning a B60-foot stretch of land along River Road between Horn and Hillcrest lanes. Truax wants the property changed from residential to commercial zoning, and thereby hangs the issue. Will "ribbon" commercial zoning be allowed to spread along the length of River Road, or will it- be contained in specific areas? There seemed no question after Thursday's meeting that commissioners and planners alike will follow the latter course. The commissioners, in fact, indicated that they plan to deny Truax' formal appeal of a planning commission denial of its rezoning request The action is expected to come at the next regular meeting of the commissioners on Wednesday.

"If a person starts out River Road and you ask them to form a mental impression, it's just a lot of signboards," said Steve Ford, planning commission chairman. "But a few times here lately I've observed it, and there are some beautiful homes out there. "In these days of urbanizing I think we should strive for patches of green among the cold, urban development." But Ford warned that the planning commissioners and commission must have the support of people in the area for their ideas. "We're in here and doing this with the consent of the people in this area," he said. "If we can't sell people on this sooner or later we're going to get booted out." Commission Member Keith Skelton, himself a River Road area resident, said, "I think the policy is a good one.

I know it's the policy that the people in the area want." Skelton told the group, "I think this business is a test for us. I think every single property owner on River Road is watching us to see what we do with this thing." Ford urged a master development plan for the area. This idea was supported by Frank Hruza of the Central Lane Planning office staff, who said, "I'd like to see the planning commission go out on a limb for a five-year period by designating the areas where the commission would entertain requests for commercial zoning." Along with this, Hruza said, the commission could consider what the best possible residential use would be for the noncommercial areas along the heavily-traveled road. "What better place for apartments?" he suggested. Figures compiled by Gerald Attig, county public works director, show a 57 per cent increase (from 7,450 to 11,700 cars a day) in traffic along the road in the past five years.

But Howard Buford, director of the planning office, said this is not an argument for more commercial zoning. "Twelve thousand a day is not very high when you compare it to metropolitan area traffic," he said. ect includes an area of 52,651 square feet. A total of 19 classrooms or teaching stations -will be provided. Grand Jury Returns Five Eugene Firm Low Bidder Also included will be a multi True Counts Contribution to Community Fart of A Worker's Life For Road Job purpose unit for the cafeteria, auditorium, band and vocal room; a unit for the library, administration offices, and materials center; and a unit for arts and crafts, homemaking and shops.

Three men were indicted on HELENA IUPD Earl L. Mc- A gymnasium will be in charges of assault with a dangerous weapon FriJay, each accused, of threatening people with a knife. her community service as an es-1 "One major drive is so much sential ingredient in her life. more efficient. Everyone bene- Nutt Co.

of Eugene, with an offer of $1,301,453, was apparent low bidder Friday for reconstruction of 16Va miles of Montana Highway 287 damaged cluded in the bid call as an alternate. If enough funds are available the gym will be built now. If not, the' multi-purpose By MARVIN TIMS Of the Reslater-Guard You will never find a more The three indictments were "Service helps the community I this We approacn, among five true bills returned modest person than Mrs. Charles room will have to serve as a and it helps our country. It is a necessary part of living.

No one can really live apart." gym temporarily. by the 1959 Madison Canyon earthquake. by the Lane County Grand Jury. Tht jury also approved 18 secret indictments which will be revealed as the accused persons are arrested. Engineer James Balshizer Michel of the Danebo area.

She feels the thousands of hours she has devoted to community service is "really nothing at all." Mrs. Michel, who has knocked McNutt's bid, one of five on on a lot of doors in her United the U.S. Bureau of Public Roads At present, she's chairman for Appeal work, says people for said a 1.8-acre lagoon is contemplated to provide sewage treatment facilities for the school since the State Board of Health will not permit a septic tank project, was nearly $300,000 be Charged with assault are: George Washington Smith, the United Appeal campaign in low government estimate. the Clear Lake area west of the most part are kind and thoughtful. "I have only had a few slam the door in my face." The project extends from 41, of 328 Willamette Eu old Highway 99.

Her workers Quake Lake, which was creat ed when the earthquake sent a gene, accused of threatening Luella Archie, 18, of 342 W. Second Eugene, with a will be participating with hundreds of other volunteers, starting today, in making door-to- Likes People. "One reason I like community huge landslide into the narrow canyon, to the Duck Creek in knife Oct. 12. door solicitations in the greater system there and no sewer lines are available.

He said it appears that the earliest prospect of obtaining sewer service in event of annexation to Eugene-would be three to five years. However, the Bailey Hill area it not in the Bethel-Danebo boundaries now being considered for annexation to Eugene. Eugene area. tersection seven miles north of West Yellowstone, Mont. It John Nickey Luttlo, 20, of work is because I love to meet people.

Where else can one find such an opportunity to see new faces?" goes around Hebgen Lake. In a way, Mrs. Michel is symbolic of the hundreds of women 2440 Tyler Eugene, accused of threatening Stevens Kendall, Vital Statistics The project will complete Married to an optometrist who are now taking time from 26, of 448 W. 12th Eugene, with a knife Oct. 8.

who has participated in Boy restoration of the highway through the Madison Canyon Scout work for the past 17 '7 VMHHNnaasWHH Eugene. Gene LeRoy Cartler. 21. Weitflr, Roy Henry Catlett, 35, of their families to raise funds for the United Appeal campaign. To her, community service is just a part of her life and it is nd Kathleen Marl Ruaaell, It, earthquake area.

The big quake took at lust 31 lives and caused years, Mrs. Michel feels the "united way" of raising funds far superior to the system of David Randall Brooka, 21, 341 E. 328 Willamette Eugene, accused of threatening Sam Reynolds, 207 High Eugene, with extensive damage. not done to achieve special rec 13th Eugene, and Betty Lou Young, 11, 4800 Center Way, Eugene. a few years ago when numerous ognition.

Ag Group Seeks Tax Initiative The Oregon Agricultural Tax a knife Oct. 10. fund-raising campaigns were UCI. JV, HU Larrv Wilbur Lvona. 1S W.

ISth Also indicted were Fred San MRS. CHARLES MICHEL conducted in Lane County, Committee Asks Eugene, and Penny Jean Dau, A life-long resident of the Eugene area, Mrs. Michel, who has a grown son and daughter, said 1683 cnarnelton Kugene, ootn BIRTHS SACRED HEART HOSPITAL Eugene Not. 1, IMS HENTON Mr. and Mri.

Paul Hen-ton, 4240 Ktncald St, Eusene, daughter. PETTIE Mr. end Mra. Robert Pett tie, Rt 1 Box 11M, Eujene, a daughter. KELLY Mr.

'Si Mra. Donald Kelly, 11M Water Springfield, daughter. WOOD Mr. and Mra. Melvtn Wood, 1510 City View St, Eugene, a daughter.

MARRIAGE LICENSES Oct. 2t, IMS Harlev Harold Brewer. It. Wert- ders, 413 Country Club Eugene, charged with passing a forged bank check; and Frank of legal age. NOT 50 SAT OUT THERE she feels "life would be some Mark William Tuttle.

20. 2470 MC- For Bid Rejection IKifiViHhi (JEll.houX DID IT 60 MUlan Eugene, and Carol Dee Wlthera, 20, 2535 Jackion St. Eugene. UNTIL FOUR O'CLOCK IN M0RNW6, Assn. has proposed that certain provisions of a sales tax ba written into the state constitution by initiative.

what useless if I did nothing for my community. I don't see how people can live in an area all Rejection of all bids for con BUT THE GREAT WWW NEVER came most Froze to lin J. Clingenpeel, of Salem, charged with being a convicted person in possession of a con-ccalable weapon. DEATHS struction of a caretaker's resi HOPPER Ellett N. Hopper, of their lives and not make some contribution." 44S W.

12th Eugene, died Oct. 11. Arrangementa are pending at dence and concession building at Orchard Point on Fern Ridge Reservoir was recommended Thursday by the Lane County Slmon-Lounabury Funeral Home, Ku Could Refuse aene. flr, and Claudia Jean Conn, 17, Oak- Tickets Available For SEHS Comedy Ticket" are still available for barnell warren Kioier Barney" Barnell. of 2ft Nelfon Parks and Recreation Advisory For the past 20 years or so Mrs.

Michel has participated in cancer and heart fund drives, ridge. Craig Stanley Jaeobeen. 21. Salem, nd Sutann Kay EUlt, 20, 1590 May wnAd Eueene. committee.

Lane, Eugene, died Oct 21. Arrangementa are pending at BueU Chapel, The low bidder on the project Springfield. Red Cross work, church activi Harvey Auguatua Kan, 29, Elmlra, rmtuilUN bona uorane rinn-aton. of 26 El Rancho 8prtng- nd Unca Alice ncn.ee, si, nea mnnd. tonight's and Saturday night's performances of "The Madwoman ot Chaillot" at South Eugene High School.

at $11,900 was Lee-Built Con struction Co. of Springfield tics, Grange projects, United Appeal, programs for retarded field, died Oct. 31. Arrangementa KftCfAlWWHENITHASBEEN Tommle Le McNatt, It, Junction Loren Smith of Corvallis, newly-elected chairman of the organization, said his group want to specify in the constitution tha rate of tax, certain exemptions, provisions for distribution of the revenue and limitations on the property tax to finance elementary and secondary education. "This would give assurance that these provisions could not be changed without a vote of the people," Smith said.

Oregon Agricultural Tax Assn. is an Informal organisation of 20 general farm and commodity groups which it working for salei tax initia- children, the Children's Hos re pending at BueU Chapel, spring' field. Tliree other bids ranged up to $1.5,111. The Lane County CHILLED WITH DISAPPOINTMENT I COESSAPlWrVINrATCH CAN B6 PRCTTV COCO AT FOUR. IN THE City, and Diana Lee unapman, ia, CreiweU.

Mark Eldred Ritthaler. It. June. pital School, and a host of other MILLER Fred Elbert Miller, 72, of Yakima. died Oct SO.

activities. tlon City, and Charlotte Elaine Parks Dept. had hoped to do the job for about $8,500 to Service! will be Monday at 10:36 a.m. In England Funeral Home, Eugene, with Interment In the Ma- Because she lives in a large dwelling on a 120-acre farm, she could have readily turned down The play is to be presented by the high school's drama department under the direction of Ed Ragozzino. Curtain time Is 8 p.m.

both nights. Tickets are $1. Tickets may be reserved by calling 3444321 until curtain Smyth, Junction City. Francla Lloyd Kennard, 21. Oak.

ridge, and Mary Madalyn Lamping, It, Oakrldge. Oct. 21, IM1 Burt Preaton. 67. Popular.

tonic Cemetery. Euiene. BENDSHADLER Beule L. Bend- (hadler. 73.

of 32SS Bailey Hill Rd community service assignments with the excuse that she is too $10,000. Committee members indicated they might try to re-bid the project at a later date. Action of the committee is subject to approval by the Lane County Commissioners. Euaene. died Nov.

1. Memorial aerv and Florence Beula Upton, 17, Col-taae Grove. ices will be Monday at 2 p.m. In busy. Our Alan Thompeon, II, 1(1 WIW time tonight and anytime after But Mrs.

Michel, who also taught for 12 yean, looks on Poole-Laraen Chapel, Eugene. Interment in Beet-Haven Memorial rark, 'oigene. 9 a.m. Saturday. Iom Eugene, ana Catherine Gayta Willie.

IS, WO E. Third Are,.