The Herald-Palladium from Benton Harbor, Michigan • 19

Thursday, March 27, 1986 THE HERALD-PALLADIUM, BentVn Barter -St. Jeseph, Michigan PAGE NINETEEN State Urged To Move On Speed Rail Line High- velopers interested in such a project. Under the current plans, the line would go through the Niles area. At a July 1985 public hearing in the Berrien County city, the plan drew mixed reactions. Township offi- From The Associated Press LANSING, Mich.

A state House panel is recommending that Michigan move toward installing a high-speed passenger rail line between Detroit and Chicago, and wants to hear from any private de nances would affect the proposed rail. The committee, chaired by Rep. Richard Fitzpatrick, D-Battle Creek, was formed in March 1985 to study the feasibility of a high-speed rail between the two major metropolitan areas. Fitzpatrick has said he believes such a system would provide thousands of jobs, stimulate local economies, save money for travelers and increase tourism. "It is accurate to say we are intrigued by the exciting possibilities such a system can offer for the state of Michigan and its citizens," the committee report, released Wednesday, said.

The panel held a series of public hearings across the state, traveled the route on two existing rail services and met with local officials from the communities that would be affected by a high-speed rail. One proposal reviewed by the cials and property owners said they were worried about the costs of closing crossings and access to property split by the proposed rail line. Among other things, the House Ad Hoc Committee on High Speed Rail called for: Legislation setting up a tri-state commission to evaluate proposals from interested developers. Indiana and Illinois should be encouraged to enact similar legislation. An independent study commissioned by the Department of Transportation to determine potent tial ridership based on current travel conditions.

A survey by the state attorney general's office to determine what existing laws, rules and local ordi committee foresees several trains a day in each direction by 1995, making the 280-mile trip in less than three hours at speeds of up to 140 mph, with stops at Ann Arbor-Ypsilanti, Jackson, Battle Creek, Kalamazoo, Niles and Gary or Hammond, Ind. About 13 million people live along the corridor, which would follow Interstate 94 closely, according to the Transportation Department. The agency also has studied the possibility of a higher speed rail. The committee said it would like to hear from private developers interested in being involved in such a project, as it likely would be built mostly with private funds. However, it noted more information is needed regarding safety matters, traffic in cities with rail stations, access and financing.

TTTT Sl)e erald'PaUoduun rea Jill ig'h lights Kin mjij.) fi iJgMi 'ill ypw pg Tt Judge Sews Shut 'Deep Pockets9 Lawsuit By STEVE JEWELL H-P Staff Writer Calling the case an example of "the old deep pockets theory," Berrien Circuit Judge Ronald Taylor has dismissed the River Valley School District from a suit by a student injured in a motor vehicle accident at River Valley High School. Christopher Scameheorn of Three Oaks sued River Valley and seven other defendants, including four current and former school district employees, over injuries he allegedly sustained when a motorcycle on which he was a passenger collided with a pickup truck on a sidewalk next to the school parking lot. The suit, filed by attorney Bruce Conybeare, claimed the district and its employees were negligent because they failed to keep students from driving on the sidewalk to avoid "speed bumps" installed in the parking lot to deter speeding and reckless driving. "This is certainly the type of action which causes the furor that currently exists in the press and in the public's mind about where the limits ought to be" in civil liability cases, Taylor said in dismissing River Valley and its employees from the suit in a hearing Tuesday. "It's very obvious to this court that the main reason the school district is in this case as a defendant is the old deep pockets theory," he said.

"There is ho doubt that these various students who decided to drive on the sidewalk and ran into one another can sue one another. "(But) the bottom line is that students don't have much money, and therefore it is in the interests of the that the deep pockets of the school district may be involved in this lawsuit." Taylor cited governmental immunity in granting defense attorney L. David Lawson's motion to dismiss River Valley and the four employees Superintendent Charles Williams, high school Principal Donald Bussler, business manager David VanGinhoven and former business manager Steven Lenar. The judge said the district acted in good faith in installing the speed bumps. He said the claim that the district should have known students would risk injury by driving on the sidewalk to avoid the bumps is "a very difficult concept to come to grips with." Conybeare's associate, attorney John Johnson, argued Scameheorn case during the hearing, according to court records.

The suit claims Scameheorn's right leg was caught between the vehicles in the April 29, 1985, accident and he suffered a serious cut and a fracture that extended into his ankle joint. Scameheorn is a 1985 River Valley graduate. Remaining defendants are Robert L. Bucks identified as the driver of the motorcycle on which Scameheorn was riding; Tammy Briese, identified as the motorcycle's owner; and Douglas J. Hauch, identified as the driver of the pickup truck.

gan Supreme Court. Highlight will be presentation of Liberty Bell Award to a non-lawyer for outstanding contribution to administration of justice. Service clubs including Rotary, Kiwanis and Lions, along with Bar Association members will be in attendance. Public is invited. Meal tickets may be purchased at door, but resevations must be made by April 14 by calling Peterson at 983-1541.

(Staff photo) LAW DAY PLANNERS: Berrien District Judge David Peterson (left) has been named chairman of the 1986 Law Day luncheon to be held Monday, April 28, at Lake Michigan College Community Center. His appointment was announced by attorney John Crow, (second from left), president, Berrien County Bar Association. Joining them are attorneys Mary Ann Pater and Robert Ehren-berg, co-chairmen of Law Day student essay contest. Keynote speaker for luncheon will be Justice Dennis Archer of the Michi Two Year PIC Program Draws Critic By STAFF Staff Writer The Private Industry Council Wednesday approved a two-year master program plan that drew opposition and then some compromises over such matters as what factors should be used in determining amounts of funding for upcoming programs. The opposition at the monthly council meeting was spearheaded by the Twin Cities Area Chamber of Commerce, which currently has PIC contracts to run small business assistance and government procurement assistance programs.

Marie Franz, PIC member and executive vice president of the Chamber, said programs that result in the retention of jobs should be one of the criteria of judging a program's success. But a PIC official said job retention has been withdrawn as a factor because it's too hard to evaluate. The directors defeated by an 11-8 vote a motion by member Loren Its master plan of all programs covers 1986 and 1987, but its annual fiscal year runs July 1-June 30. Funding is from state and federal grants. In other matters Wednesday, Mrs.

Franz said PIC should increase its proposed budget of $255,074 for job creation Considering that PIC serves three counties, that amount "is nothing" and falls short of the 15 percent of the total PIC budget required by the JTPA, she continued. Richard Dornbos, PIC executive director, said there would be some carry-over from the $130,000 bal- Act says job retention should be a factor in determining program funding, and other PICs across the state also use the factor, Mrs. Franz said. Jerry Sarno, PIC chairman, directed Gerber, Mrs. Franz, and member Ray Bierlein to develop performance and monitoring criteria for employment-generating contracts.

That criteria is supposed to be ready by next month. PIC was established in 1984 to administer job training programs in Berrien, Van Buren, and Cass counties under the federal Jobs Training Partnership Act (JTPA). ance from contracts that were not awarded last year. The board voted to approve an amendment to fhe program plan. to consider adding, additional funds to the employment generating activity part of the budget.

Alex Little, economic development director for the City of Benton Harbor, asked the board to approve a variance in its performance standards for Benton Harbor because of the city's economic problems. No specific variances were cited, but the board approved Little's request in a voice vote without dissent. Little is not a PIC member. Wednesday's meeting was held at the Captain's Table banquet room. 1 Gerber to amend the program plan to include job retention as one of the factors for program funding.

Gerber, vice president and controller of Auto Specialities Manufacturing also wanted PIC to continue to reimburse programs for expenses at fixed intervals, rather than switching to reimbursing them after job placement occurs. Gerber said that under such a system, agencies such as the chamber would suffer financially because of payment delays. It can take as long as nine months to get a government contract in place, he added. "You're shooting yourselves in the foot," Gerber said to other PIC directors. Gerber made his motion after Kathleen Terry, PIC deputy director, said job retention has been withdrawn as a funding factor because it's too hard to get information on actual jobs retained.

Mrs. Franz this morning gave the following example of a job retention program the chamber's government procurement assistance program helped Ausco to get a government contract for the manufacture of jacks. Because of that help, Ausco was able to retain a certain amount of jobs that otherwise might have been lost. The Jobs Training Partnership Bangor Man Finds Out His Brother's No Friend By STEVE OSTROWSKI Staff Writer John W. Kent of Bangor has been cleared of a drunken driving conviction because John Kent's name was used by his brother, Robert, during arrest and conviction last month for operating a motor vehicle under the influence of liquor (OUIL).

Sterling R. Schrock, Berrien County assistant prosecutor, said records have been amended to show that Robert Kent was arrested and sentenced Feb. 20 in Berrien District to pay $550 fine and costs, serve 15 days in jail on five successive weekends, and his license was suspended for six months. John W. Kent, 36, 120 Main Bangor, was not involved in the case, Schrock said Tuesday.

Schrock said Robert Kent gave John Kent's name when Robert was arrested by Coloma Township police on a charge of drunken driving and John's name appeared on the warrant. Meanwhile, a bench warrant has been issued for Robert Kent because he has not appeared at Berrien County Jail to start serving the sentence, Schrock said. The sentence was reported in The Herald-Palldium Feb. 22 under the name of John W. Kent which was the name listed for the man sentenced.

John W. Kent told The Herald-Palladium that he did not know of the mistake in identity at the time because he was in Grand Rapids and learned of it when he returned him and was shown the article. John Kent said he then contacted authorities. Merchant Hurt In Holdup Try By SCOTT AIKEN H-P South Berrien Bureau NILES Two would-be robbers drove off in a supermarket night manager's car after assaulting the man during a robbery attempt at a Niles Township bank branch Wednesday night, police said. Raymond Corum, manager of Save Mart Foods, South 11th Street, Niles Township, was hit on the arm by a club and knocked down while depositing money in a drop box at Michigan National Bank, 1903 S.

11th, according to township police. Corum had dropped a bag containing cash and receipts into a deposit box moments before the 11:15 p.m. assault, officers said. Two suspects, who had masks over their faces, drove away in Corum's car, but the car was recovered later at an office building on South 11th Street less than one-half mile from the bank, according to police. Corum did not require hospital treatment.

The suspects were described as black, and in their late teens or early 20s, and wearing dark clothing. One was described as 5 feet 10 inches tall and weighing 150 pounds. The other was about 6 feet tall and 170 pounds. Fire Damages Retired Judge 9s Home In Niles By SCOTT AIKEN H-P South Berrien Bureau NILES A fire caused minor damage Wednesday morning at the home of retired Berrien Circuit Judge William S. White, 905 Topinabee, according to city firemen.

The fire, reported at 8:37 a.m., broke out in. a vacuum sweeper stored in a closet, firemen said. The fire was out when firemen arrived, but the sweeper was destroyed and the closet door and carpeting were damaged. The sweeper had been used earlier, firemen said, and a hot ember may have been picked up, causing the sweeper to catch fire. MDOT Plans Route Changes For Berrien By SCOTT AIKEN H-P South Berrien Bureau NILES The state Department of Transportation is considering changes in route number designations on several Berrien County highways.

According to David Geiger of the department's highway transportation planning section, the changes, if implemented, would go into effect on completion of the U.S. 31 freeway between U.S. 12 and Walton Road northwest of Niles. The MDOT has set a meeting with Niles-area transportation planning officials to discuss the proposed changes. The meeting will be held at 10:30 a.m.

April 2 at the South County Building in Niles. Geiger said the MDOT plans to erect U.S. 31 markers north along the new freeway and Walton Road to existing U.S. 31 northwest of Niles. Existing U.S.

31 signs would then be removed from U.S. 12, U.S. 12 Business Route, and U.S. 31-33S through the Niles area. The changes are anticipated on-completion of the U.S.

12-Walton-Road section of new U.S. 31 in late 1987. I At that time, the Michigan 14oS designation is to be extended from? its present end point at U.S. 3lf south into the city of Niles, alongi Front Street and end at U.S. 12BR (Main Street).

At the same time, all U.S. 33J markers will be removed from the existing route between U.S. south of Niles and Interstate 196 north of Benton Harbor. The Mich gan 51 designation would be ex-u tended south along present U.S. 33s to U.S.

12 in Niles Township. MDOT proposes a Michigan 63 route designation to replace the U.S. 33 number from U.S. 31 near! St. Joseph north to 1-196.

Geiger said changing the U.S. S3 signs to Michigan 63, a state route' designation, would eliminate "duelT signing," having two federal routes' through the same corridor. PIC HONORS MARIE FRANZ: Private Industry Council (PIC) Board of Directors Wednesday presented certificate of appreciation to Marie I. Franz, retiring council member. Presenting certificate is Jerry Sarno, board chairman.

Mrs. Franze represented Twin Cities Area Chamber of Commerce on PIC board and also is retiring from her post as executive director of chamber. Presentation was at monthly PIC board meeting. (Staff photo) Police Say Man Gave Salesman The Boot, Literally ship Police Chief Ivan Zimmerman, Minzghor said. With police cars converging from three directions, the suspect lost control of the car at the intersection of Warren Woods and Flynn roads, and the Corvette went into a corn field, hit a pole, rolled and ended up back on Warren Woods, Minzghor said.

The suspect then got out of the car and ran, but was cornered by officers on the lawn of a nearby farmhouse. A Berrien County Sheriff's deputy and an Amtrak railroad policeman also assisted in the chase. a high rate of speed, turned around and began pursuing it, Hawver is assigned to the White Pigeon post and was returning there after teaching a first aid class in New Buffalo, officers said. Hawver pursued the car at speeds exceeding 100 mph on U.S. 12 to Avery Road east of Three Oaks, where the suspect turned north after spotting troopers from the New Buffalo team setting up a roadblock.

Trooper William Minzghor said he joined the pursuit, heading west to try to cut the suspect off from a different direction. Also involved in the pursuit in other cars were Trooper Larry Boger and Chikaming Town $28,659 Corvette was a total loss. Niles Township acting police Chief John Street said the incident began at 4 p.m. when a man asked to test drive a Corvette at Tyler-Linville, 1810 S. 11th St The man and Bauernfeind drove off in one of the sports cars, and minutes later, the man shoved the salesman out of the car while it was moving a low speed near Third Street and U.S.

12, Street said. The suspect then headed west on U.S. 12 at a high rate of speed, the officer said. Moments later, Trooper Dan Hawver, who was eastbound on U.S. 12 near Red Bud Trail south of Buchanan, spotted a car traveling at By SCOTT AIKEN H-P South Berrien Bureau THREE OAKS A man who allegedly pushed a car salesman out of a new Chevrolet Corvette during a -test drive in Niles was arrested near here Wednesday when the car crashed during a police chase.

The suspect, a 20-year-old Niles man, was booked into the Niles jail for investigation of a charge of unarmed robbery, according to police. The salesman, William Bauernfeind, an employee of Tyler-Linville Chevrolet in Niles, received cuts and scrapes, but did not seek hospital treatment, officers said. The.