The Mail-Journal, Volume 28, Number 40, Milford, Kosciusko County, 15 November 1989 — Page 4
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THE MAIL-JOURNAL — Wed., November 15, 1989
Editorial
State code in need of new translation Four years ago a court case involving a motorist who passed a school bus while its arm signal device was extended was dismissed. Defense attorney David Kolbe, Warsaw, remembers the case, noting that precise safety requirements for the signal device were not met. ' ’ Last week Kolbe used that knowledge to argue a case involving an area driver who was accused of passing a stopped school bus on the right hand side. The attorney argued that the white band outlining the octagonal stop sign on the bus arm was not one-half inch wide, as designated by the state school bus committee. Rather, the band was 15/16 of an inch wide, allowing for dismissal of the court case on the grounds that the bus did not measure up to state code. However, if Kolbe was aware of the discrepancy earlier, why didn’t he bring it to the attention of legislators at that time? Rather, after using the wording in the state code to defend his client, hb met with State Sen. Robert Meeks to ask that the law be changed. Koble reasoned that the legislators could change the wording in the law from “in compliance” with the stated measurements 4 to “in substantial compliance.” One wonders if a child had been struck by a passing automobile if Kolbe would have used the same reasoning; that the border on the signal arm did not meet exact specifications. Kosciusko County Judge James Jarrette said he had no choice but to dismiss the case, following the letter of the law. The flaw comes in the wording of the law. The school bus in question had been approved through an Indiana State Police inspection, which should say that it meets proper requirements. A master work leader of the motor carrier inspections for the state police noted, “In 22 years I never remember measuring them (white borders on the extended arm)/’ Rather, the operation of the arm, the lights, and reflectiveness of the sign are examined. It seems that if the reflectiveness (which includes the white border) had been approved, the state was saying that the arm was clearly visible. One may wonder if Kolbe could argue a case involving the disregarding of a stop sign. Afterall, the white borders on all stop signs may not meet exact state regulations, while a few stones may have nicked some of the reflective white away. If all this sounds ludicrous, it’s in keeping with the current translation of the Indiana Administrative Code. A unique opportunity Moving the Warsaw Amtrak stop to Syracuse would not only prevent a great loss in tourist revenue but could prove a great boon to the town of Syracuse as well. According to local estimates, 10,000 riders — half county residents, half not — generated $3.5 million in tourism dollars in 1988. That’s assuming that some of those out of county riders stayed in Kosciusko and spent money. Naturally, the county stands to lose that potential spending money if Amtrak ceases to stop anywhere in the county. Should the stop be moved to Syracuse, the potential for even greater tourism in an area abounding with recreational opportunities is tremendous. Syracuse residents and business people are eager to take advantage of the unique opportunity a stop would present. Particularly as the goal of the Syracuse Beautification Project is to renovate the town depot. A Ball State survey of Syracuse chose the depot area as the center of town, linking the uptown area to the village. A newly renovated working depot would surely be a community asset. The project, which will require the much-hoped-for cooperation of CSX rail line officials in the purchase of the depot, would dovetail nicely with major renovations planned for the Henry Ward Park (across the street from the depot) in 1990. Moving the stop and renovating the depot will take dedication on the part of the Syracuse community at large and especially its leaders. Already, property owners from around the area lakes have expressed their support. It is hoped many others will do likewise. Full moon fever Last Friday night’s savage stabbing of a Syracuse man is the kind of incident that brings the cliche, ‘ But that sort of thing just doesn’t happen here.” It did. Perhaps we could blame it on the moon. It was nearly full on Friday night. Kosciusko County Sheriff Ron Robinson confirms that a full moon brings “a lot more activities.” 7 In older times, people, those judged both simple and wise, blamed a full moon for the savage, crazy, inexplicable behavior of themselves and others. Lunacy, lycanthropy (werewolfism) and just plain moodiness were tied to the waxing of the moon. Friday night’s alleged attack appears to have been senseless — just one of those weird, terrible things. The kind of thing that just couldn’t happen here but did. The fact that the victim received help at the trailer he found after dragging himself across a field comes as much less of a surprise in a small community A spirit of concern for the victim has sprung up throughout the community since residents got word of the alleged attack. That’s no great surprise either. Concern for others is hardly confined to towns but it is usually easier to find — as it is this week of the full moon. Life would be more enjoyable if you tried to enjoy it. Never offer advice; unsolicited, it goes unappreciated, unheeded. Family life In a survey commissioned by a New England life insurance company just completed, it was found that most Americans believe the greatest threat to family life is the inability of parents to spend enough time with young children Sociologists agree, generally, that children benefit from being with their mother (or father), rather than in a child care center. Nevertheless, there seems to be little disposition on the part of most Americans to sacrifice income and a better lifestyle in order to spend more time with their children. • This is only one of the cold realities of modern American civilization, when carries with it consequences in so many fields. It is a problem U.S. society must sS to cope with; a change in the pattern doesn't seem likely. That calls for increased attention on finding ways to reach and train youngsters and influence their behavior in day care centers, schools, kindergartens, church schools, etc. Though not the best or the traditional way of instilling values, it may be the only realistic course remaining, in the absence of traditional parental care and
I Change signs or change the law! Court news
City Court The following fine has been levied and paid in the Goshen City Court: Violation of seat belt law — Charles E. Hart. 44, Milford, $25 County Court The following persons have paid fines and costs in Kosciusko County Court. Judge James Jarrette presiding: Speeding — Christopher A. Schwartz, 18, Milford, $65; Joseph J. Morris. 23, North Webster. S6O; Michael S. Shepherd. 17. North Webster, $80; Angela R. Rogers. 22. Syracuse. $65. Expired Plates — Richard Rager, 18. Syracuse. S6O. Failure To Stop — James Thompson. 37. Syracuse. S6O. Failure To Yield — Melissa Conroy. 17. Syracuse. S6O. Disregarding Approaching Train — Richard E. Bellman, 18. Leesburg. S6O. Unlawful Taking — Scott A. Hoffacker. 25. Leesburg, slls plus S2O replacement fee. Hunting Waterfow l. Possessing Lead Shot — John J. Rinker. 58. Syracuse. slls. Illegal Consumption — James Jared Hampton. 25, North Webster. $163 No Financial Responsibility — Jose C. Oviedo, no age. Milford. 5163. driver s license suspended 90 days. Marriage Licenses The following couples have applied for marriage licenses in the office of Kosciusko County Clerk Jeanne Weirick: Hapner-Woods Joe I. Hapner. 45. rural rouse. Syracuse, and Lotta J Woods. 49. Ligonier. Smits-Whitridge Robert Alan Smits. 28. rural route. North Webster, and Brenda Sue Whitridge. 20. rural route. Leesburg. The follow ing couples have ap plied for a marriage license in
Phend and Brown awarded sidewalk construction bid
Construction of an asphalt sidewalk from the SyracuseMilford Road to Wawasee High School, on the west side of the road, awarded to Phend and Brown. Inc., Milford, last even ing (Tuesday), during the regular meeting of the Wawasee Community School Corporation Board of Trustees. The bid was for $32,400 Original bids were sought on a seven-foot wide concrete sidewalk, in which Phend and Brown was the low bidder. They submitted an alternate bid on asphalt with the stipulation it could not be installed below 40 degree weather. Completion would be within 30 days of stalling.
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Elkhart County Court, Goshen Division: Fooshee-Aguilar Audie Lee Fooshee, 19, US 6E, Milford and Soila Ramirez Aguilar’ 21, P.O. Box, Leesburg Mahaffa-Ball Kelvin Andy Mahaffa, 24, CR 127. Goshen and Shanda Rae Ball, 20. P.O. Box. Syracuse Superior Court The following petitions have been filed in Kosciusko Superior Court, Judge Robert Burner presiding: Complaint Augsburger’s Super Valu versus Deborah A. Seymour. Warsaw. Petitioner seeks $375 plus $55 in court costs. Complaint Augsburger’s Super Valu versus Dale R. LeCount, Warsaw. Petitioner seeks $356.61 plus $55 in court costs. Complaint Augsburger s Super Valu versus Harry V. Hixon. Ligonier Petitioner seeks $420 plus $55 in court costs. Complaint Augsburger’s Super Valu versus Jerry Renz, Cromwell. Petitioner seeks $589.36 plus $55 in court costs. Complaint Augsburger s Super Valu versus Debra A. Geisleman, Syracuse. Petitioner seeks $625 plus $55 in court costs Complaint Augsburger’s Super Valu versus Jacqueline Barrone, 'Cromwell Petitioner seeks $377.04 plus costs. Complaint Augsburger s Super Valu versus Cindy J. Poe, Syracuse. Petitioner seeks $759.59 plus $55 in court costs. Complaint Augsburger’s Super Valu versus Nancy L. Troup, Cromwell. Petitioner seeks $432.69 plus $55 in court costs Complaint Augburger’s Super Valu versus Shellie Jones. Syracuse. Petitioner seeks $1,595.76 plus $55 in court costs.
Bids were opened at 11 a m.. Monday, Nov. 13, -and tabled. Submitting bids on the concrete sidewalk were Phend and Brown with a base bid of $40,400 and Summit Construction, Fort Wayne, with a base bid of $48,900. Both companies provided bids on a four-foot wide sidewalk, calling for a deduction in cost of $3,500 and $5,000 respectively. The start of construction can begin immediately on the easement. There will be a median between the Syra-Web Road and the sidewalk as well as an entrance way off the Syracuse-Milford Road to detour someone from mistaking the walkway as a road.
Scott Fox K 1 Box 118-A Warsaw, Ind. 465X0 James Moore R 1 Box 148-C Milford, Ind. 46542 Philip Kern 1495 Eddy St. Merritt Island, Fla. 32952 Ronald J. Tobias R 5 Box 344-C Syracuse, 1nd.46567 B. J. Bailey 7731 Acroconia Dr. Hanover, Md. 21076 Tony Gammiere R 2 Box 26 Syracuse. 1nd.46567 Norma Bishop R 4 Box 45 Syracuse.lnd.46s67 Kim Endicott R 5 Box 240 Syracuse,lnd.46s67
"CRUZIN AROUND 'COSE"
■■ NEW BANNERS are slowly going up in Syracuse. Work began on installing the J Kosciusko County banners, 50Tn. all. Saturday, Nov. 4. Following several hours of work, approximately one dozen had been placed in the uptown area. The remainder Will be pul up in the near future. Strong winds hampered the progress. Shown in the photo is N'evil Spicher, Nappanee, who assisted in putting up the banners. Working with Spicher were Mike Tallon, Jerry Rumple, Jim Caskey, Bob Troutman and Kip Schumm. DRIVERS, LOOK out. Workers from Michiana Electric have been working, periodically, since last Friday installing the new stop light at SR 13 and Chicago Street. The light will be up, hopefully, before Thanksgiving. According to Gary Ludban. Indiana State Highway Department project supervisor, the bids were let less than one month ago and work officially started Wednesday, Nov. 8. a Before the light goes into operation, the telephone company will have to check telephone lines and possibly relocate them. The height of the lines may obstruct the view of the light. A NUMBER of people seem to have had a problem in locating the door to the large recycling dumpster at Thornburg Drugs. Several bags of newsprint have been tossed on top of the dumpster. According to Bob Knudsen, who is responsible for bringing the dumpsters to town, the container will be moved around so the door opening will be easier to locate. Preliminary reports show there has been a good response and use of the dumpsters. —O’CHAMBER OF Commerce members who are working on getting Amtrak to stop in Syracuse, have been marshalling the local resources and are working hard and fast The possibility of the train service is coming faster than anticipated LOCAL BUSINESSMAN, Ed Leamon of Leamon Electric, 448 Parkway Drive, Syracuse, was recently issued an electric license by the Goshen Board of Works. The license is needed by contractors doing work within that city. According to Building Commissioner Gorden Engstrom, Leamon received one of the highest marks on the town's test, since the test was required. Leamon also has a license for work within
Letters to the editor
Dear Editor: I’m writing regarding the school bus passing incident. I think congratulations are due all involved. To the Honorable Judge Jarette: You made a technically correct decision. You’re safe. Your decision won't be overturned. Os course, in the next election, some people may feel you hid behind a technicality and set a guilty person free but, hey. don’t worry. In your retirement, you’ll know you were “right!” To Attorney David Kolbe: You won the case against all logical odds. The driver was wrong. There were witnesses. The driver admitted to the offense. But you. got him or her off. You found the loophole in the law —a onesixteenth inch loophole! Your business should take off like a rocket. There are probably a few people picked up in the recent drug raids who would love to find a slick lawyer with loopholes in hand! . To the parents of the driver: You taught your son or daughter a very valuable lesson — “Don’t worry about right or wrong, as long as you/we can afford a slick lawyer.” To the student: You lucked out You broke the law, got away with
7»" loophole!
it and didn’t injure anyone. Hope your luck holds out, because your common sense won’t help vou much. To the kids on the bus: You made it. You got to school without being hit by some idiot passing
Families are missing out
Dear Editor: I would like to bring to the at-, tention of the community an issue about which I feel very strongly - foreign exchange students. I have hosted students in the past and have learned a great deal. I have enjoyed the experience tremendously. Other families in the community are missing out bn an educational opportunity to learn more about a foreign culture. Plus, some foreign student will not have the chance to find out howterrific America really is. Perhaps you do not realize that, by hosting a foreign student, you can help bring the world a little closer together. Peace in our world can happen one person at a time. Many high school students from all over the world are hop-
the city limits of Nappanee. LAYOFFS AND slow production at Dana Corporation Spicer Axle Divisiqn in Fort Wayne will eventually affect the local plant according to a Dana official. At this time it is uncertain as to how the Syracuse plant will be affected. In Fort Wayne, the layoffs and slow production are due to the lagging economy and the fact that truck sales are down. JIM AND Jay Hughes spent two weeks in Hawaii recently, leaving on October 18. The Syracuse Town Board President and his wife went to the islands with three of her brothers and one of his brothers . The family spent three days in Honolulu. As an old Navy man, Jim said he wanted to see Pearl Harbor and to see the Arizona Memorial. The remainder of the vacation was spent on Maui. The Hughes’ stated the weather was beautiful and all had a great time. DON’T FORGET the Lakes Area Community Band will perform on the stage of Wawasee High School Auditorium on Sunday, Nov. 19, at 2:30 p.m. This appearance as well as involvement in the December 3 community Christmas at Lakeside park, will allow band members to show off their newly purchased uniforms. The group is establishing its 1999 schedule which envisions three concerts in the park, involvement in the July 4 and Flotilla festivities, two indoor concerts. Mermaid Festival involvement, and appearances at Goshen, Warsaw, Stones Trace and other community events. THE SYRACUSE-Wawasee Park Foundation and Syracuse Park Department are planning the first annual “Old Fashioned Community Christmas Concert” for Sunday evening, Dec. 3, at the Syracuse Lakeside Park. Concert entertainment will be provided by the Syracuse fifthgrade school choir, performing along with the Wawasee High School Varsity Choir and a portion of the Lakes Area Community Band. They will be doing songs individually as well as combined, with a sing-along involving the crowd. Lighted candles will be passed out for the last song, giving an oldfashioned glow and warmth to the event. Os course, the gazebo and post lamps will have their Christmas decorations on. Hot drinks and refreshments will be available, and Santa Claus will make an appearance. On that same Sunday, the Syracuse Merchants’ Association, along with the Lakeland Community Daycare Center, will be offering two free movies at the Pickwick Theatre at 12:30 and 3:30 p.m. Santa Claus will arrive there from 2-2:15 p.m. to spend a little time with the children. Participating merchants will have their stores open for shopping that afternoon. THE CAMPAIGN for United Way is winding down. By the United Way thermometers on the corner of Main and Huntington, we note that Kosciusko County met its goal of $670,000. According to Jeff Wells, chairman of the local fund drive, the Syracuse area gave 115 percent of the $9,000 goal. H E. “Red” and Rosemarie Long, of Ace Pest Control, recently attended the National Pest Control Convention in Seattle, Wash., for five days. They studied future effects and methods of protecting groundwater and the new application methods of pesticides and insect growth regulators. For another 12 days, they traveled the areas of Seattle. Vancouver and the Olympic Peninsula in the state of Washington. While there, Seattle was voted the Number One city to live in. “Red” said he agreed — it is a beautiful city. —o— NOBLE ROMANS recently donated pizza for the youngsters at the Lakeland Day Care Center. This proved to be a real treat for the youngsters!
the stopped school bus — on the right, yet! Please withhold my name because I might (heaven forbid) have to appear before Judge Jarette someday, and I probably couldn’t afford a slick lawyer like > Mr. Kolbe. Name withheld
ing to live and study in the United States, to learn about our country and way of life. Unfortunately, many will not be able to unless more families come forward to offer their homes and their love. If you cannot host for an entire school year, then share the experience with another family and host for one semester. There are students who need a home for only three months. The whole community gains from such an experience. Anyone interested can call me at: 317-489-5523, or can call “Open Door Student Exchange” at 1-800-366-6736. Let’s all work together to bring our world closer! Thank you for your help Sincerely ’ Marilyn Bell
