The Mail-Journal, Volume 9, Number 35, Milford, Kosciusko County, 27 September 1972 — Page 1

Phones: 658-4111 & 457-3666

VOLUME 9

Ardor Os Annexation Opponents Dimmed

Residents in the area where annexation is being proposed by the Milford town board have a dim chance of winning a remonstrance suit, according to Warsaw attorney Richard Sands. Sands told a group of 72 men and women meeting at the Milford fire station Monday night they would need a “war chest” of $3,000 before he would take their case, adding the attorney fees would be at the rate of S4O per hour to handle their case. Os the 72 attending the meeting, not all were against annexation, it was noted. On Monday, Sept. 11, the Milford town board passed Annexation Ordinance 72-1 which would annex, a tract of land principally south, west and north of the town of Milford, practically doubling the land size of the town of Milford. The ordinance, published in The Mail-Journal September 13 and 20, gave rise to the Monday night meeting. The meeting was called by John Perry, Milford druggist, who moderated and who took a neutral stand on annexation. Perry owns the Walter Drug Store in Milford, but resides in the area to be annexed. Hie entire meeting was conducted with consideration for all points of view. ‘Chances Small* Attorney Sands told the group, “Your chances of succeeding (in winning a remonstrance suit) are small.” He said, “Before the last child bom to anyone in this group graduated from college you’ll see a giant megapolis, and Milford is right in the center of it.” „ He said the state is cracking down on areas without "sewage treatment plants, adding that Turkey Creek just south of town is polluted with detergents. Attorney Sands told the group that if they were serious about filing a remonstrance, they should begin at once. He said all work should be completed by November 17. He told them to organize, elect a chairman and treasurer. He added they would need signatures of 51 per cent of all homes in the area to be annexed (one signature per home), or signatures of owners of 75 per cent of the taxable valuation in the area. If there are sufficient signatures on the remonstrance, after all names have been certified, the burden of proof rests with the town. The conditions to be met are: 1) that three persons per acre average reside in the proposed annexed area, 2) that one-eighth of the annexed area coincide with the old town’s boundaries, and 3) that the town develope a fiscal plan to furnish services similar to those in the town to the annexed area. Attorney Sands pointed out that inasmuch as the town does not have sewer lines throughout the town, bringing sewer lines to the annexed area is not a requirement. He added that if the town can show it needs the additional area for future development, the presiding judge • can allow annexation anyway. Talk of Annexation Dr. T. A. (“Al”) Miller, Milford town board president, told the group he has lived in Milford 13 years and has heard talk of the need for annexation all this time. He said there is a need for a plan of growth and told the group of the sewage problem and what the town is doing to solve it. He said, “And now is time.” He said annexation has been planned “in two steps,” assuring his listeners that other parcels would be annexed when the town felt it could furnish services to the new area. He said he and the two other board members — Norman Lovell and Bessie Sunthimer, who were also present — shared full responsibility for the annexation ordinance as advertised. Miller said be would like to see

MailSdouriial JSc

Consolidation of THE MILFORD MAIL (Est. 1888) and THE SYRACUSE - WAWASEE JOURNAL (Est. 1907)

the town of Milford attractive to young people. Milford’s town attorney, William I. Garrard, carried the burden of the town’s argument at the meeting, stating the town stands an excellent chance of getting federal funds for the extension of its sewer lines and a treatment facility. He said the town should be thankful that they have had the $1 comulative sewer levy on for a number of years, pointing out that residents in the annexed area would share in this fund, since it frould be used to extend sewer lines into the annexed area. He added that steps are being taken to increase the town’s

Lakeland Youth Center Gets United Fund Grant

The Lakeland Youth Center at Syracuse, effective in 1973, will receive $5,000 funding from the United Fund to supplement the Youth center budget. In June of 1971 a committee was selected to appear before directors of the Kosciusko county United Fund to apply for financial aid to the center. The application was studied and recently approved. A yearly budget of approximately $12,000 is currently raised by donations and yearly fund raising projects such as the October 6 chicken barbecue dinner, the luncheon and style show in the spring and the auction. The board of directors this week expressed a desire to expand the activities and recreational equipment for the center. History Mi’s. Elmo Niccum conceived the idea of a youth community center for the young people of Syracuse and surrounding communities, and enlisted the aid of then Syracuse high school principal Paul Moore in selecting the first board of directors. Selected were Mrs. Niccum, Mr. and Mrs. Harry Alfrey, Mr. and Mrs. James Stucky, Mr. and Mrs. Paul Moore, Mr. and Nfrs. Robert Reed, Mr. and Mrs. Jack Wells, Mr. and Mrs. Jay Peffley, and Mr. and Mrs. John Kroh. This interested group laid the ground work for the youth center including a location, and with the aid of local contractors and interested citizens, overhauled the old bowling alley location in the basement of the Pickwick block.

Rep, Mauzy Discusses Five Constitutional Amendments

State Representative Thames Mauzy, Warsaw, called for careful and thorough consideration to the five (5) pending State Constitutional amendments on this years ballot. “Often such amendments go unnoticed by the voters; resulting in a vote which does not reflect the true intentions of the general electorate.” It is the duty of every voter as a citizen to consider carefully what is involved in each amendment make a decision based on the merits of each. (1.) Shall the Constitution of the State of Indiana be amended to permit the general assembly to establish the method of selection and tenure of the State Superintendent of Public Instruction? The Superintendent of Public Instruction is currently elected by the voters of the state for a two (2) year term and may serve an unlimited number of terms. “This amendment would allow selection by a method other than

water rates so water services could be increased. Attorney Garrard said “there will not be all the difference in tax rates between what residents are now paying in the annexed area and what they will be paying.” He said the new assessment will go into effect March 1,1973, and the new rate will not be payable until May 1974. Garrard said the town’s new citizens would get a franchise to vote in the town’s affairs which they do not have now. He said they should be interested in a viable community, one that can support a grocery store, a drug store, and other businesses. (Continued On Page 8)

This was the beginning of Lakeland Youth, Inc. In February of 1964, the doors were opened to the youth with F. A. (Bud) Smith, Jr., named as full time director to run the facility and see to the many activities. In the first year of existence, $13,000 went into the set-up and operation of this organization. Os this amount, $6,000 was taken in at the facility, $1,200 from memberships and the remainder from the initial endowment of SIO,OOO by Mrs. Niccum. New Home Sometime later Mrs. Niccum came forth with an offer to build a new home for the youth and on February 25, 1968, the new building was shown to the public in an open house, and located at its present site at the south edge of Syracuse. A number of directors have passed through its doors, with Jerry Thornburg as the present overseer, in addition to the WAWA Skiers, sponsored by the youth center. Presently serving on the board of directors for the center, each couple with three year terms, are Mr. and Mrs. Donald Deck, Mr. and Mrs. M. D. Umbaugh, Mr. and Mrs. Harry Lemberg, Mr. and Mrs. Smith, Mr. and Mrs. Fitzhugh Turner, Col. and Mrs. Joe Gray, Mr. and Mrs. Ernest Rogers, Mr. and Mrs. Walter Miller, and Mr. and Mrs. Robert Willits. Current officers are Don Deck, president; Mrs. Willits, vice president; Mrs. Turner, secretary; and Mrs. Rogers, treasurer.

election; appointment by the Governor or by statewide board of election are two of the major possibilities.• Continued election is a third possibility.” (2.) Shall the Constitution of the State of Indiana be amended, to permit the Governor to serye eight (8) out of any twelve (12) years? Under the current provisions the Governor is limited to one (1) term (4 out of 8 years); the Lieutenant Governor may serve an unlimited number of terms. “The amendment would allow the Governor to serve two (2) complete terms (8 out of 12 years), beginning with the Governor elected in 1972. (3) Shall the Constitution of the State of Indiana be amended to permit the Governor seven (7) days in which to veto legislation and to clarify certain procedures for handling vetoed legislation? At present the Governor has 3 days during the session and five (5) days after adjournment to act

WEDNESDAY, SEPTEMBER 27, 1972

NO REMONSTRANCE BEING CIRCULATED No remonstrance to the Milford town board’s annexation ordinance is being circulated, as near as could be learned by Mail-Journal reporters today. However, Stanley Custer has expressed an interest in circulating a petition to see what sentiment is behind a possible remonstrance, with an accompanying request that signers make a cash pledge towards legal costs involved in fighting the annexation ordinance.

Milford Firemen To Sell Tickets This Friday Members of the Milford fire department will canvass the town of Milford on Friday beginning at 6 p.m. selling tickets for the annual chicken bar-b-q. Local Girls Publish In FUN Journal The 1972-73 annual edition of “Pomary FUN Journal” contains poems and a story written by two local girls. Kay Kammerer has a story “Animal Problems” and Rene Lindzy has two poems “American is Beautiful” and “The Flower Garden”. These articles were written while the girls were in third grade in Mrs. Joan Folk’s room at the Milford elementary school. Time has passed, both girls are now starting fifth grade. To Retire From NIPSCo Delbert Spicher, Nappanee, has announced his retirement from Northern Indiana Public Service Company, effective October 1, following 27 years of service. He has been a groundman operator with the utility’s Goshen district for the last four years. Bom in Milford, Spicher joined the utility in 1945 as a boiler operator. In 1966, he was promoted to switchboard operator, and two years later to groundman operator. He and his wife, Eva, are the parents of a daughter, Marilyn, 17. They attend the First Church of God, Nappanee.

on legislation. “This amendment would allow the Governor seven (7) days to act upon legislation. If the Assembly was in session, the Governor would be required to return a vetoed bill on the first day following the veto. When the assembly is adjourned, vetoed legislation would be filed with the Secretary of State for presentation on the first day of the next session. The pocket veto would still be invalid. (4.) Shall the Constitution of the State of Indiana be amended to permit county officers to serve x an unlimited number of terms instead of two (2) and making the county coroner a statutory officer rather than a constitutional officer? The amendment concerns only constitutionally created county officers — such as clerk, auditor, recorder, treasurer, sheriff, coroner and surveyor. Currently the surveyor may serve more (Continued On Page 8)

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ANNEXATION MEETING — The top photo shows the- roomful of Milford area residents who attended the annexation meeting at the town’s fire station Monday night. There were 72 present. In the photo on the right Milford town attorney William I. Garrard is addressing the group on the problems the town has been facing with growth problems, and citing reasons Annexation Ordinance 72-1 was passed September 11. On the right is Norman Lovell, Milford town board member, and on the left is Warsaw attorney Richard Sands. Only partially seen is John Perry, moderator at the meeting.

Charges Filed With State ABC Against Ole Hickory After Raid

Four charges have been filed against the Ole Hickory Corporation by the state excise department following a raid on the Ole Hickory Lounge in Milford at 10:30 last Friday evening. The lounge is owned and operated by Mary Liniger, president of the corporation. Charges include allowing minors to loiter; serving alcholic beverages to intoxicated persons; insufficient lighting; and violation of regulation 31 (dancing) section 6 (rules of conduct) paragraphs d (being vulgar or suggestive) and e (all persons must be properly clothed at all times.) These charges have been filed with the field prosecutor of the Indiana Alcoholic Beverage Commission in Indianapolis for his consideration and action. Also charged Were James Clay, Jr., Gosheh, for public intoxication; and Andres Hernandez, Milford, John Paul Wilson, Warsaw and Robert Hernandez, Milford, all minors, for being in a bar room. Clay was fined S3O when he appeared in justice of the peace Milo Case’s court at Warsaw. He spent two nights in the coimty jail for non-payment of the fine. Wilson payed fine and costs of S3O for entering a bar room as a minor while both Andres Hernandez and Robert Hernandez paid a total of $46 for entering the bar room as minors. Some 30 excise men, state police, Kosciusko county sheriff’s department officers and Milford marshal Don Drake took part in the raid. State excise men at Fort Wayne said they have had

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severe! complaints on the Milford tavern. Ownership Change At Laundromat An October 1 change of ownership is being announced this week at the Wawasee Laundromat at the south edge of Syracuse. Rodney and Frances Koontz of Syracuse, owners-operators for the past 18 years, have sold their business to Ronald and Caryl Vestal of 184 North Shore Drive, Syracuse. Mr. and Mrs. Vestal are gradual tes of Ball State and Mrs. Vestal, the former Caryl Sedgwick of Ligonier, is a reading readiness teacher at West Noble. Also a teacher, Mr. Vestal who hails from Alexandria, has been associated with his father in-law in laundromat operations since the end of the school year in June. Mr. and Mrs. Koontz are planning to do a little traveling and catching-up on things of interest, they might have missed out on over the years. Six Juveniles Arrested Six juveniles, all 17 years of age and from the Mishawaka-South Bend area, were taken into custody by authorities Saturday for illegal possession of alcoholic beverages. All six appeared in Turkey Creek j ustice of the peace court of Christian Koher to pay fines and costs totaling s3l each.

MAD Auction Set For 1 p.m. This Saturday The Milford Area Development council’s community auction will be held Saturday at 1 p.m. at the parking lot of the Walter Drug Company. O. A. Lambert will serve as auctioneer with proceeds going toward the fire department’s radio equipment. Items are still being accepted, and are needed, for the sale. Persons having items they wish to donate should call MAD members for pick-up. Telephone numbers and donation blanks are to be found in an advertisement appearing elsewhere in this issue. One Vehicle Mishap Sunday Syracuse police investigated a one-vehicle mishap at 9:10 p.m. Sunday as a Nappanee driver took his eyes from the road, rammed the curbing and sidewalk and struck a light post and sign at 413 South Main, Syracuse. Driver of the 1970 Ford owned by Karen Rose Weaver of Nappanee was Daniel Slabaugh, 18, who reported to officers he took his eyes from the road thinking he recognized someone and ran over the curb and sidewalk into the light post and sign at Harris funeral home. Damage was listed at $250 to the car and SIOO to the sign.

NUMBER 35

Registration Must Be Done In Warsaw Precinct committeemen in the Lakeland area have reminded potential voters who are not registered that they must now register at the clerk’s office at the court house in Warsaw. The last day for registering for the November election is Thursday, Oct. 5. Three Vehicle Crash Injures Three Monday A three vehicle crash resulted in the injury of two men and hospitalization of one. The vehicles involved were operated by Edwin Upson, 56, North Webster, Franklin Bushey, 47, Leesburg, and Lewis Wilson, 33, r 1 Pierceton. The crash occurred on state road 13 one mile north of Pierceton at 6:15 a.m. Monday. Upson was admitted to the Whitley County hospital for numerous lacerations and a possible chest injury. Bushey was treated and released at the Whitley County hospital for a forehead laceration. The accident occurred when a truck operated by Wilson would not start and was pulled off the road by a pick-up driven by Dale Bennett, 47, Pierceton. Both trucks were owned by Pierceton Trucking Co. Bushey, going south on the state orad, swerved to avoid the Wilson truck parked along the road. Bushey, however, struck the truck and skidded across the highway into the path of the oncoming northbound Upson auto. Damage was set at S3OO to the Wilson truck, $1,500 to the Upson car and $3,000 to the Bushey auto.