The Times-Bulletin du lieu suivant : Van Wert, Ohio • Page 1

Signatures Sought To Place Airport Issue On Ballot A group of citizens, opposing the enlargement of the Municipal airport in its present location, plans to place the issue on the ballot. At 10:25 a. m. today, Harvey Hyman of Paulding, attorney for the group, filed a copy of an initiative petition with City Auditor John A. Jones.

A committee is to start at once to obtain enough signatures to place the issue on the Nov. 6th ballot. The law requires that the petitions must have valid signatures of at least 10 per cent of those voting in the last gubernatorial election in order for the issue to be on the ballot. According to County Director of Elections Arthur Grove, 4,090 persons voted for governor in the city. Therefore at least 409 valid signatures would be required.

Citv Solicitor Charles E. Baldwin indicated that in all probability only residents of the city would be eligible to sign the petitions and vote on the issue. He is expected to make a ruling on the situation as soon as possible. If the issue is placed on the ballot and is approved by voters, the initiative petition would repeal the ordinance and all legislation passed by City Council authorizing the appropriation of additional real estate to enlarge the airport. "It is deemed to the best interests of the citizens of the City of Van Wert that the Municipal Airport be not extended and enlarged," the petition states.

The committee listed as seeking the initiative petition are: Eugene Straw of 340 W. Crawford David S. Wallace of 616 N. Market Robert A. Decker of 686 N.

Walnut Joseph City Brief Defends Appropriation Of Land For Airport Atty. Robert Koch and City Solicitor Charles E. Baldwin filed a brief Monday in the Court of Common Pleas in the appropriation case where the city seeks to condemn land for expansion of the Municipal Airport. The property is owned by Katherine M. Mounts and others of Pleasant Township.

The counsel representing the City of Van Wert filed a memorandum brief in support of the plaintiff's action and in rebuttal of the defendant's brief and motion filed March 19. The plaintiff states in the brief that the case deals with the simple matter of the appropriation of land by the city for the purpose of extending the existing airport runway. Between Us By I. Van Wert JUST BETWEEN US, it was quite a day yesterday as we published the first edition in our new home with all the new equipment. One of the things that threw us was that one of the computerized type setting machines refused' to compute.

It probably got a little dust up its snoot. We notified the next" of kin right away. The doctors were in first thing this morning to get it well. When it came time for the press to roll, everyone dropped what they were doing and came to watch. It turned out there was quite a crowd in the pressroom.

It was exciting. At the old plant, when the press would roll you couldn't hear yourself think. Not only that but the whole building would almost shake. Not so with the new press. It runs fairly quiet.

In fact, when it first starts, bells ring so that you know it's rolling. When the first newspapers came sliding out, the crowd burst into applause. We took one look at one of the first newspapers off the press and decided that it was a boy. After that, we had several delays. The web of paper broke and wrapped around one of the rollers and there were other problems causing shutdowns.

We're sorry that your newspaper was late and we hope you understand. We're trying and learning. It'll probably take us a while to get everything down to a science so that it will fly. Again, thank you for being patient AS A RESULT of the move from S. Market we are still finding things we didn't know we had.

One of the items we came across was a copy of the extra edition The Times- Bulletin put out Aug. 14,1945 when the Nip War Lords tossed in the sponge. According to the newspaper, all bedlam broke loose when President Truman made his announcement of Japan's surrender. The streets of Van Wert filled with people, auto horns were tooted, church bells rung, factory whistles blew and firecrackers cracked. The governor ordered the taverns closed at once and they remained closed the next day.

Despite the impediment in the flow of juice, the stores and factories also closed the next fiy so that citizens could vent their feelings. It was a whoopee time for one and all. WE SEE by the newspapers that Marlon Brando boycotted the Oscar ceremony. Said he was needed more at Wounded Knee. Funny thing though, the Hollywood shindig seemed to move along pretty well without him.

Just thought we'd mention it The Weather OHIO Cloudy with a chance of showers tonight and tomorrow. Lows tonight from 33 to 40, with highs Wednesday in the 40s to the low 50s. The questions which the defendant land owners raise permits them to contest the action by raising three questions: necessity for the appropriation, right of the city to make the appropriation and the inability of parties to agree. The plaintiff claims the statute places the burden of proving the city's action wrongful on the land owner. Since the only evidence produced concerning the matters was testimony of Mayor A W.

Schult who stated that local industry had requested a longer runway; and there being no showing that the city would not have the right to make the appropriation, and it being assumed that the parties cannot agree since the city offered $1,100 an acre for the land and the defendants wanted $1,800 an acre, the plaintiff claims the defendants failed to sustain a burden of proof necessary to dismiss the action. The brief states the courts have repeatedly held they will not substitute their judgement for that of a legislative body unless there is a clear showing of an abuse of discretion. The term "abuse of discretion" implies an unreasonable, arbitrary or unconscionable attitude and connotes more than, an error of law or of judgment. The city stated in its brief that the defendants have failed to sustain the burden of proof and have failed to show and abuse of discretion on the part of the city. In the matter of appropriation the brief alleges that the pertinent part of this action reads "make any contract or give an order involving the expenditure of money." The brief states that now it is elemental that no contract can be made unless there is a meeting of the minds of the parties.

There was no meeting of the minds between the land owners and the city or this action would not have been filed. The second part "giving an'order involving the expenditure of money" would mean after the parties had determined what was to be done and what was to be paid. "It is utterly impossible for the city to enter into a contract or give an order involving an expenditure of money until they know what money is to be spent. Therefore at this time a certificate would be a meaningless gesture," the brief said. The plaintiff also states in the brief that "There is another reason we believe the certificate is not required and that being the money being expended here is not from the General Fund of the City of Van Wert but from the Capital Improvements Fund which money is raised by the city income tax." The testimony of City Auditor John A.

Jones showed that there is sufficient money in this fund, unincumbered, to pay any amount found due by a jury. "A further reason we feel a certificate is not necessary is that after final determination of the cause, if the city desired to abandon the proceedings it could do so within 90 days by payment of witness attorney fees and other actual expenses." The hearing on the airport land matter was heard by Judge Dan Batt of the Defiance County Court of Common Pleas. Olberding of 669 S. Washington St. and Charles R.

Clifton of 1017 Pearson St. THE to enlarge the airport to accommodate jet aircraft and to make other improvements. City officials filed a suit to ap- propriate land owned by Katherine Mounts and others. The case is pending in Common Pleas Court. City officials also planned to appropriate land owned by Francis Allen in order to extend the runway.

The case is being heard by Defiance County Judge Dan Batt due to the fact that Judge Eugene McNeill stepped down from the bench in the suit. McNeill lives within the flight pattern of the airport. A number of residents of both the city and county have been opposing the airport enlargement contending that flight patterns would be over a church, school, hospital and other populous areas. City officials, however, noted that in all probability commercial jet aircraft would not be using the field but the majority of jet planes would be the smaller type used by industry. THETBIES-BULLETIN Vol.

127--No. 267 Tuesday, April 3, 1973 Van Wert, Ohio, Zip Code 45891 20 Pages 10 Cents Court Rules Fund Freeze For Highways Not Legal Foundation Scholarships Are Bequeathed The will of Constance G. Eirich has been admitted to probate in Probate Court setting up scholarships at Wittenberg University, Ohio Wesleyan University and the University of Michigan The board of directors of Wittenberg University, Springfield, was willed an 80-acre farm in section 36 of Union Township. The board also received authority to sell the tract of land at its discretion and use the proceeds for a revolving loan fund to be known as the Rev John Conrad and Margaret Eirich Scholarship Loan Fund in memory of her parents Her personal property was given to Alice Ruth Douglas, who made her home with Miss Eirich. All of the remainder of the estate -goes to the Van" Wert County Foundation, for a scholarship trust fund for deserving girls attending Van Wert City and County schools The scholarships are for Ohio Wesleyan University or University of Michigan and shall be known as the Laura and Constance G.

Eirich Memorial Fund. David L. Brumback Jr. has been named executor of the estate. DRESS 'REHEARSAL--The cast of the Van Wert Civic Theatre's "See How They Run" have a dress rehearsal slated for Wednesday night.

Shown in the scene above in the hilarious comedy are, seated from the left, are, Clive (John Stevens), Humphrey (Ralph Speer) and Lionel (Jack Paullus). Standing, are, left, the sergeant, Irvin Williams, and the bishop, Richard Gansert. (Staff photo) Absentee voting Merchants Take Step Begins Monday On JOWOfd InCOrpOfatJOn 7 Statewide Issues Absentee voting will begin Monday and continue through May 3 Van Wert County, according to Jeanne Van Wynsberghe, deputy director of the local board of elections. A special May 8 election is planned throughout the county on seven statewide questions and issues. The only local primary election will be in the five Delphos precincts of the county.

The board of elections will be open from 8:30 a. m. to 4 p. m. Mondays through Fridays and 9 a.

m. until 12- noon on Saturdays. Ohio Youth Succumbs To Accident Injuries DAVENPORT, Iowa (AP) An Ohio youth and a Polk County man were killed Tuesday when the truck they were in hit a pillar of the Stockton overpass bridge on Interstate 80 west of Davenport. The victims were Tom Wilcox, 17, of Findlay, Ohio, a passenger, and Michael Martin, 24, of Grimes. Members of the Van Wert Downtown Association took another step toward incorporation today at a meeting held at Colonial Restaurant.

Organizations To Sell Tickets For Home Show Merle Brady, co-chairman of the Home and Recreation Show, reported today that organizations wishing to sell advance tickets for the event may do so. The organizations will receive 25 cents for each ticket sold. The prices of tickets are: $1 for a single admission, S2 for a family ticket, and 75 cents for students 12 to 18. Organizations wishing to sell tickets should contact the Chamber of Commerce office. The Home and Recreation Show is scheduled for April 26 through the 29th at the fairground.

A committee headed by WilJiam Derry was selected to meet with attorney Robert Young to determine the costs and procedures involved in forming a downtown corporation which would seek to purchase property for additional parking spaces in the central business district. Committee members include John Maney, Merle Brady and Tom Lawrence In other business, the association agreed to a request from the Van Wert County Ministerial Association asking that area merchants close their stores from 12 noon to 3 p. m. on April 20 in observance of Good Friday The request is also being sent to major merchants of the Summit Shopping Center. Maney, president of the Downtown Association, also read a letter from the local YMCA, thanking the association for its donation oi $2,000 to the YMCA's building-expansion program.

Columbus Man Killed CIRCLEVILLE, Ohio AP) John H. Morris, 23, of Columbus, was killed Monday when his car and a truck- trailer collided on U.S. 22 about six miles west of here, Pickaway County Sheriffs deputies said. Brother To Donate Kidney For Transplant PENNY BURNETT NEWSPAPER! Doctors at University Hospital in Columbus have reported they have stopped the spread of the deadly Good Pasteur Syndrome disease for Penny Burnett and that her iungs are now clear. They have also reported they have accepted her 27-year-old brother as a kidney donor and that the transplant will take place in the next two or three months at the hospital.

Miss Burnett, a member of the Lincolnview senior class, is now permitted to stay at her home in Venedocia, but must return to Columbus every fifth day to be placed on the kidney machine for six hours to purify her blood Her brother, Ted, who is stationed with the U. S. Navy in San Francisco, is home on a mercy leave and has been accepted as the donor after extensive examinations. He is married and his wife, Sharon, and their five-month-old daughter are slaying wilh her parents at Roswell, N.M., during the transplant period. The kidney donor will remain at the Burnett home and will return to University Hospital two weeks in advance of the transplant.

A DRIVE STARTED in the Van Wert area March 12 to aid the Burnett family with their medical bills and $2,800 has been received at the Van Wert National Bank. Canisters have been placed in industrial plants and business places throughout the county where contributions can be made. The transplant will cost about $30,000. Mrs. Lloyd McHugh of 937 Kiger St.

and Mrs. Dolores Pete) Geisman of 936 Southway St. are co-chairmen of the drive. They are being assisted by Merlin Shade, principal at Lincolnview High School, and Luther Cox of the Van Wert National Bank, who is in charge of tabulation of the contributions. Campaign officials reported donations have also been received from Florida, Fort Wayne, Wapakonela and Harrod.

Those who desire can mail their contributions to the "Penny Burnett Fund" in care of the Van Werl National Bank. Those seeking additional information may telephone Mrs. McHugh at 238-4117, or Mrs. Geisman, 238-3724. A similar fund campaign is underway in Mercer County but the contributions will go to aid the Burnett family.

All donations received in Van Wert will go directly to pay for medical expenses. There are 12 members in the Burnett family wifh five children remaining at home. The youngest is eight years old. Penny's father, Maurice (Horsey) Burnett has a visual impairment that makes it impossible for him to work. He draws a pension.

Lincolnview and Spencerville High Schools have announced that proceeds from their senior class plays will go to the kidnev fund. Missouri Case Could Upset Nixon Strategy ST LOUIS (AP) The 8th Circuit Court of Appeals has ruled that President Nixon acted illegally in impounding federal highway construction funds appropriated by Congress. The ruling came on Monday as the appeals court upheld a decision by District Court Judge William Becker of Kansas City that the President could not withhold $89 million in road funds from the Missouri Highway Commission. In its 2-1 majority opinion, the Court of Appeals said funds appropriated by Congress "are not to be withheld from obligation for purposes totally unrelated to the highway program President Nixon has said he intends to curb inflation by holding federal spending at $250 billion. He has impounded some $15 billion appropriated by Congress for federal programs such as housing, rural conservation and highways.

A government attorney who had represented former Transportation Secretary John A Volpe, told the court in January the President is not obligated by law to spend money appropriated by Congress and that if such spending is to be mandatory, Congress must pass a law to that effect Judge Donald P. Lay said in the appeals court's majority opinion, however, that nothing in the 1956 Federal-Aid Highway Act "explicitly or imphedly allows the Secretary of Transportation to withhold approval of construction projects for reasons remote and unrelated to the act Concurring in the decision was Judge Gerald W. Heaney of Duluth, Minn. Lay, of Omaha, and Heaney were appointed to the court by former President President Lyndon B. Johnson.

The dissenter was Judge Roy L. Stephenson of Des Moines, Iowa, who was named to the appeals panel by President Nixon. In his dissenting opinion, Stephenson said his interpretation of the highway act was that Congress "made a deliberate choice to grant to the executive discretion in determining the extent to which apportioned funds will be made available for obligation." Sen. Sam J. Ervin and 19 other Democratic Senators had filed a friend of the court brief supporting the highway commission's contention that the money should be released Ervin had called the practice of impoundment "contemptuous of the role of Congress in our tripartite system." Missouri took the matter of impoundment to the federal courts last year after the administration held up money for the completion of 252 miles of interstate highways.

Five other states Florida. Arkansas. Oklahoma. Tennessee and Idaho -joined in the case as friends of the court in support of Missouri VO-Rehab Bill Veto Fought WASHINGTON (AP) President Nixon appears to have a good chance today to win the first test with the 1973 Congress over a vetoed spending- aulhorizalion bill. Al issue is a three-year extension of long-established vocational-rehabilitation programs to help the physically and mentally handicapped.

The first vote comes this afternoon in Jhe Senate, where Democratic leaders are cautiously optimistic they have the two-thirds margin to override. But in (he House, which plans to vote later in the afternoon if the Senate rejects the veto, the odds appear to be with the President Republican Leader Gerald Ford said "we are very optimistic" the veto can be sustained in the House. WSPAPfcRI.