The Mail-Journal, Volume 15, Number 31, Milford, Kosciusko County, 23 August 1978 — Page 12

12

THE MAIL-JOURNAL — Wed., August 23, IO

Nine swim across Lake Wawasee for cystic fibrosis Saturday

Rain and high waves hampered nine swimmers crossing Lake Wawasee Saturday, but Lance Lantz, 10, son of Sherry Lantz, 103 Cherokee Road, Syracuse, along with five other finishers, climbed up on the pier at Wawasee Prep after a one-hour, 15 minute swim. Lance and the other swimmers were participating in the Lake Wawasee Swim-Along to raise money for cystic fibrosis. Kay Hare, co-chairman along with Cyndi Thornburg, reports approximately $l,lOO was raised. Swim-Along was sponsored by Epsilon Sigms Alpha. Syracuse Third Time In Event For Lance, who crossed the iake first, this was his third time in the event. The past two years, he swam 25 laps at the Wawasee High School pool.

JUL, /I 1 jjl r B/ J Bftf- -ii ■ ts Ii i| j 1 (HI tar* r ’lf • Mr I ■Rr<; 4 -t It ir ■ hL i J iK't Ji r SWIM FOR CYSTIC FIBROSIS — These swimmers participated in the Lake Wawasee SwimAlong last Saturday, and helped raise $l,lOO for cystic fibrosis. In front, are: Tad Berkey. 10. 420 W. Green Street, Bensenville. III.: Josh Lantz, eight, r 1 Cherokee Road, Syracuse: and Lance Lantz, 10, r 1 103 Cherokee Road. Syracuse. Swimmers in the rear, from left to right, include: Anita Berkey, 35. 420 W. Green St.. Bensenville. III.: Kay Hare. 30. r I Cromwell: April Newcomer. 25. r 3Sy racuse: Sherry Lantz. 34. r 1103 Cherokee Road. Syracuse: Mary Ellen Ryan 13. 4530 Dickson Road. Indianapolis; and Jacque Cronin. 13, 3720 Morrison. Indianapolis. Swim-Along was sponsored by Epsilon Sigma Alpha. Syracuse. Kay Hare and Cyndi Thornburg w ere co-chairwomen.

Injunction against Byrd

A permanent injunction against Donald G. Byrd, Chester and Carol Elder, air of Syracuse, has been granted in United States District Court, Northern District,

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A student at Syracuse Elementary School, he will be attending the fifth grade this year. Coming in behind Lance, was Kay Hare, 30, r 1 Cromwell. Other finishers included: Anita Berkey, 35, 420 W. Green St.. Bensenville, 111., third; Jacque Cronin, 13, 3720 Marrison, Indianapolis, fourth; Josh Lantz, eight, 103 Cherokee Road, Syracuse, fifth; and Sherry Lantz, 35, 103 Cherokee Road, Syracuse. Also swimming in the event were: Tad Berkey, 10, 420 W. Green St., Bensenville. 111., April Newcomer, 25. r 3 Syracuse; and Mary Ellen Ryan. 13, 4530 Dickson Rd., Indianapolis. Over Two Miles The distance from Lake Vue

South Bend, by Judge Robert A. Grant. The judgment, made July 25, 1978, prohibits the parties “from placing any fill or other material of any kind into the waters or the adjacent or contiguous wetlands of Lake Wawasee, Indiana, until such times as a valid permit is issued by the United States Army Corps of Engineers.” The injunction was first sought in 1976, when in June of that year, the waters of Lake Wawasee came under the Corps of Engineers’ jurisdiction under the Federal Water Pollution Control Act. The Corps of Engineers ordered Byrd and the Elders to stop filling in Johnson’s and Conklin’s bays. A temporary injunction was issued August 13,1976. Prior to this, hearings were held at which the federal government charged Byrd and the Elders with filling without permits. The defendants sought to prove the areas involved were not wetlands. An on-site inspection was held by the court at the request of the government. Judge Grant visited both the Byrd and Elder sites before issuing the temporary order. Rights Were Violated Prior to the issuance of the permanent order, counsel for the defendants argued that their client’s rights under the Fifth Amendment were violated through the taking of land without just compensation. They also said that restraining the use of their land without permits denied their 14th Amendment rights of equal protection and that the statutes under which the government wei e proceeding

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Cottages to Wawasee Prep, the Swim-Along course, is estimated to be about two and one-half miles, by Dale Sparklin. from the Kosciusko County Sheriff's Department. Sparklin, along with Dick Waterson, of the sheriff’s department, cruised across the lake with the swimmers in the sheriff’s boat to ensure safety. Each swimmer was accompanied by a boat during the swim. Lap swimmers were also scheduled to participate in the Swim-Along. but only a few swam at the Wawasee pool. The amount of laps each swimmer completed could not be obtained. Both women felt the SwimAlong was a success. Last year, the venture raised $1,500. Mrs. Hare added that no other money-making venture for cystic fibrosis is in the works.

were vague and should have no force and effect as a denial of due processof law. Judge Grant’s order found there was no “taking" of the defendant’s land and the statutes neither denied equal protection nor were unconstitutionally vague. In making his decision. Judge Grant stated, "Defendants are not being deprived of all or most of their interest in the property. They are merely required to first obtain a permit designed to further the intent of the Federal Water Pollution Control Act.” Alleged violations to be investigated The Pubic Service Commission will hold a public hearing on August 29 at 10 a.m. (EST) in room 907 of the state office building at Indianapolis to investigate alleged violations of the Indiana “Full Crew Law” and the “Hours of Service Law” by the Norfolk and Western Railway Company. The PSC is ordering the company to present its records pertaining to these laws for the period of July 3 through August 21,1978. On July 14, 1978, the commission was notified of the alleged violations by the protective committee of the Brotherhood of Railway, Airline, and Steamship Clerks in Fort Wayne. The commission is required by statute to investigate any unsafe operation of a railroad, and to enforce the crew and hours of service laws.

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