Show Page 2 - Millard I Count) Glmnnuntte The Iasi time left olf my column was going to try dieting Well it fizzled found when try to diet eat even if I’m not hungry Then went to Washington DC to the annual National Newspaper Government Affairs conference and I came home three pounds heavier was a little surprised during the flight to learn that passengers are now subjected to commercials The flight gives little pitch for the mileage club and then passes out literature DC had 70 degree weather the day arrived ast year we were practical-Isnowed in the W’hite House It cooled down for a couple of days to the 50s and then was going back when came home was in a heat wave but thought the people from southern Calif thought they had been dropped olf at the North Pole had an early morning committee meeting Wednesday and then nothing else scheduled until 5:(X) so went to the Smithsonian Museum of Natural History and looked at Grandpa’s artalked to Dr Collier and he thropod showed me the still unfinished section Then toured the American Indian section It is pathetic Part of it is closed off and in the picture section one Thurs Mar SPS - - Hi 14 1985 U TO THE It i' I dian has his picture displayed three times and with three different tribes inquired around and finally talked to a very nice lady She told me that the original exhibit had been housed elsewhere and there was a fire or something and then they moved it to the Natural History building In the move items had gotten confused and had over also 250000 they many not identified photographs As ft ntastic as the Smithsonian is it is a shame to see that section not up to stanu rd hope that soon changes A 5:00 we went to the National Press Club to hear an address by Postmaster General Paul Carlin He promised great and glorious things which from the postal department thrilled a lot of publishers who are havunbelievelable ing problems getting their papers delivered told him have no complaints with the way our paper is being delivered in Millaid County After the briefing we went to a Congressional reception but not to many showed But that is congressionals typical particularly as this is not election year Next week Sen Dole President Viet Nam Jack Anderson Reagan Memorial and the $21528 Pentagon held in one hand parts EDITOR Bewildered by Sutherland Bridge cutoff Just a little bewildered! Why a detour to Hinckley just to get to Delta? was told the new Upon question bridge could not be built to the side of the present one or even east of it Either would give us the old bridge as a bypass because of the expense of an environmental impact study appreciate the tight vestedness of our elected officials with taxpayers money but what about we who have to go the long way to Delta? W'hat about our costs? Fertilizer grain seed to be haulfeed cattle machinary-a- ll ed around believe that we in the North Tract Area pay as much tax as Deseret Yet they have a bypass bridge and their detour to Delta would have been shorter The County Sheriffs Department is pouring salt in the injury by ticketing people who are still crossing the old bridge even though the construction company isn’t working after hours and Saturday and Sunday etc As rough as the approaches W Clyde has made to the old bridge are it’s smoother than the detour around the reservoir Come on County If we have got to be without a bypass let’s at least work 6 days a week and double shift It makes me wonder sometimes if things have to be as difficult as we make them It doesn’t make sense to spend millions on the new IPP Jones Road and not thousands on a bypass bridge realize that we’re just a bunch of farmers out here but if we don’t count why do you tax us? A long way around Thayne llenric Delta City responds to IP’s letter Mayor Grant S Nielson has asked respond to the letter by S L published in the March 7 1985 edition of the Millard County ( The Honorable Sidney L Young signed his letter as “S L Young Delta Jusice of the Peace” Mr Young is in fact the Millard County Justice of the Peace for the Delta Precinct of Millard County The Honorable Stanley K Robison is the current Delta City Justice of the Peace and has served in that position 1983 Mr Robison was since July appointed after Mr Young resigned effective June 30 1983 when the Delta ( its Council declined to grant the salary increase requested by Mr ) oung Mr Robison has served since then at the same salary that was being paid to Mr Young at the time he resigned Mr Young’s letter is unfair in its presentation of some facts and simply incorrect in others For instance Mr Young also made reference to “some hefty lawsuits pending against Delta City and its is just this kind of police work that got them there” Two lawsuits have been brought against Delta City in which allegations were made against the Delta Police Department One alleged that a police officer physically abused a prisoner That case was settled out of court for less than 3ro of the amount claimed The settlement was described by the defense torney as being the “nuisance value” of the case The second case was brought by a former Delta police officer who claims among other things that he was wrongfully discharged by Delta City and that his civil rights were thereby violated There are no lawsuits pending or resolved against Delta that Young Judge Young explains venue 2 When two or more persons are jointly and severally bound in any debt or contract or otherwise jointly liable in the same action and reside in different precincts or different cities of the same county or in different counties (it may be tried) in the precinct or city in which any of the defendants reside 3 In cases of injury to the person or (it may be tried) in the property precinct or city where the injury was committed or where the defendent resides 4 If for forcible entry forcible detainer unlawful detainer or for the forclosure of enforcement of a hen (it must he upon personal property tried) in the precinct or city in which the property or some part thereof is situated or if there is no justices' court for such precinct or city in any other precinct or city in the county 5 If for the recovery of personal or property or the value thereof damages lor taking or retaining the same (it may he tried) in the precinct or city in which the property may be found or in which the property was or in which the defendant taken resides 6 When the defendant is a nonresident of the county (it may be tried) in any or city wherein he may be found 7 When the defendant is a nonresident of the state (it may be tried) in any precinct or city in the state 8 When a person has contracted in writing to perform an obligation at a particular place and resides in another precinct or city (it may be county tried) in the precinct or city in which such obligation is to be performed or in which he resides 9 When the parties voluntarily appear and plead without summons (it may be tried) in any precinct or city in the slate In all other cases (it must he 10 tried) in the precinct or city in whuli the defendant resides Note: words between () added for clarity As you can see for yourself strong It is certainly gratifying to have had favorable from the response udders of my last letter to the editor It is good to know that there are many coiiverned citizens willing to come forward and volunteer to do all they can in help There has also been some concern over knowing what rights we the peowill try to exple have under the law plain some of the rights you have relative to venue irst venue is a French word meanOur founding neighborhood ing fathers in their wisdom provided that we have the right to be tried by our peers in our own neighborhoods Under present Utah law title cnue by Prosecution by Information ex“Any prosecution by information cept in the case of a felony or class A misdemeanor shall be commenced before a magistrate in the precinct of the county or municipality where the offense was alleged to have been committed except as otherwise provided by Mivli law” The passing of a landmark West Millard is losing one of its Jacob Hawley’s teresting landmarks big red bain is giving up the roof caved in by the heavy snows of 1984 Built in 1913 on Jacob Hawley’s road it has farm on the stood 71 years filling its need The top level was a hay loft The hay was put in by a big hay fotk pulled by a team of horses The bottom was for cows and horses a work shop and a shed on the north side for a car There were stalls lor horses and a place to hang their harnesses doors on each end so that a wagon could be driven thiough It was always a busy place It was built tor a time of busy farming with horses with many kinds of livestock a time of promotion and a great future ol this valley for agriculture of alfalfa seed sugar beets and grain and hay and the crops were good Jacob Hawley was a man of great ability and common sense He was dedicated to the good ot this valley He was born December 26 1858 in fillmore Utah He filled a mission for the IDS Church in 1907 He married Victoria Regenia Moody on Oct 4 1888 in the Manti Temple He was a successful farmer and took great pride in his crops his land and surroundings He owned many farms He was a contractor and builder Jacob and Regenia both held many positions in the LDS Church He was m the Bishopric lor many years and she was in the presidency of the Relief Society They built the first fine brick home in the area in 1912 the first telephone the big bathtub the first bathroom standing on four legs is still in the home today Jacob and Regema’s son I on and his wile Stella enjoy living in the home today still comlortable The neighbor kids liked to go to Hawleys and play in the big barn After the barn was no longer needed as a shelter tor the livestock and for stora place for the it became ing hav grandchildren and great grandchildren to play It was a place for swings for hunting birdnests for playing hide and seek and a good place for a rainy day hen the children came home for a visit they would try to see which one could see the big barn lirst Many people would stop and take a picture of the old barn as they traveled by It was the only big red barn in the valley Not so many of the early settlers built barns They were costly to build the winters were mild and the hay was stacked in the open in round topped stacks Jacob Hawley was a man of great public spirit He was forty five years old and the President of the Deseret rigation Company when the following important event took place "Iinally at a meeting held on August 25 1902 a resolution was passed to begin the construction of the dam That night Jacob C Hawley boarded the train at Oasis with his bicycle and rode to the Juab Station situated about ten miles north of the Sevier Bridge and posted the notices for the appropriation of the water and the selection of the reservoir site" Taken from the book “History of the Sevier Biidge Reservoir” by Dudley Crafts page 20 This filing is still in effect and is I known as “The Hawley iling” on the legal records The end of the old barn is just a symbol of the end of an era The real landmarks are the good men and women who pioneered this valley and made it the good place that it is today They built the early dams that kept washing out but stayed and built again They cleared the land of greasewood built the canals the roads the railroads the bridges and leveled the land the best could with horse drawn hand they scrapers The old barn going down just serves to renting us how well they built how they loved this valley and had faith in its future It is good to remember men like Jkob C elly Hawley Told to Mary Henrie by Stella 1985 Hawley February Chronicle Progress clarifies headline on on Delta judge letter The Chronicle Progress wishes to what may have been a clarify misleading headline on a letter to the editor by Justice of the Peace Sid Young in last week’s issue The headline (written by us) referted to Judge Young as the “Delta JP" He is more correctly the Delta Precinct JP and as such has jurisdiction over West Millard County distinction This is a significant because Stan Robinson is the Justice ot the Peace for Delta City only of interest the By way county has one other resident judge in Ron Hare of Fillmore Judge Hare is a law trained judge in contrast to Judges Young and Robison who are “lay” judges All three county judges are popularly elected However because of Judge Hare’s legal training he sits pro tern on the benches of all the Milliard County courts including Delta City Delta Fillmore City And rdlmore In addition he can handle preliminary hearings for the 9th Circuit Court Judge Stan Robison explained that because the Circuit Court is a court where testimoney etc is taken down many cases such as felony rests are referred to Judge Hare “II the prosecution is sensitive to appeal they will want a Judge Robison said leh “I Mar 4 H ive 14 - Mar 22 ents for Life" campaign caders Banquet 7 (K) p m Mar Reception for Suzanne Clark and Brian O Christensen Bird Center ML Delta 8 00 to 930 p m Tag deadline for sheep and swine for Millard County Jr Livestock show ard Party for singles 7 3() p m Howard and Marilyn Clayton residence Millard District Scout Recognition Banquet 6 30 p m Fillmore 1st 4'h ard Cultural Hall Mar 16 lub Dance Cellar freest vie Region Championship wrestling Della High School beginn mg 10 00 a m linic 10 0f a m AYSO oaches Millard School District Olfices 15 March 17 Dutson Marsha Sister mission report Leamington Ward 11 40 a m I Ider Aaron D Peacock mission 10 Ward Delta 2nd farewell 50am American Legion Post 135 Girls Slate and Gold Mother Tea 3 30pm Post Home (Rebecca odge) March 19 classes begin 7 (81 p m Public Health Office 252 W' Main Delta Mar 20 SI SC' Gasses begin in Outreach Delta Mar 21 xtended Care rts K Crafts lair Wine of West Millard Hospital March 22 Nielson Ron Barger Myreel wedding Sail ale Ssmpfionic ( hoir Delta ' Thanks Marge Dear Mrs Barton Thanks for letting us see how you make Newspaper and looking at the book when was born Your friend a visit to the Chronicle Progress office In Fillmore by Cub Scouts Bear Den 3202 we received the following letters After DIAL - A Coty Day MESSAGE - 864-387- 0 "The Road to Heaven Are You on It?” emphasis is placed on being tried in your own neighborhood or enue if a justice court is there present It is not the intention of the law to have the officers nor prosecution determine the place of trial with regard to Justices’ Court will cite more Law: Utah Code tle Wrongful Commencement of Action in Justices' party to any suit or proceeding and any attorney or agent for the part who knowingly commences prosecutes or maintains any action suit or proceeding in any justices’ court other is than as provided by section guilty of a class B misdemeanor” May point out that the provisions were just set forth in the of foregoing paragraphs W e the people are being deprived of our rights by the prosecutors and officers who have chosen to violate the law by judge shopping to suit their own purposes have just begun to become aware of the scope of the injustice that is beam told that the ing perpetuated county is incurring a $1000000 per month loss of fine revenues that are going to the State of Utah because of the have been telling you very thing about Fines paid in justice court stay in the county I incs paid to the circuit court go to the state for one know that Millard County needs that money more than the state And for one am also going to do everything within my power to correct the situation regret that have permitted it to go on as long as it has We the people must regain control of our own government! Not primarily for monetary gain but to secure those “certain inalienable rights: life liberty and the pursuit of happiness" Sidney L Young Justice of the Peace Dear Marge Barton Thank you for spending so much time And letting us play the computor liked the old news papers the best from Brandon Jackson Bear Cub Scout Thank you for letting me type my name on the computer it was fun like the old newspapers It was fun You have a nice office Thank you Shane Crosland Bear Cub Scout Millard County Chronicle Progress The Suzanne's USPS Ice Cream & Goodie Shoppe the Ice Cream Parlor) (Formerly Publisher Susan Some pocket carrying an onion in the wards off disease say Community Calendar 22 An information is a legal document that sets forth the alleged violation the accuracy of which is sworn to by the complaining witness before the magistrate A citation issued by an officer of the law is treated as an information by the court even though it falls short of some of the legal requirements Namely that it’s accuracy has not usually been sworn to by the officer who issued it and that it is not a legal summons A summons can only be issued by the court The provisions in the law that alter the are found in Utah Code Title Where Actions Must Be in Commenced and Tried must commenced and courts justices’ subject to the right to change in the place of trial as provided by law must be tried: If there is no justice’ court for the precinct or city in which the defendent resides (it may be tried) in any city or precinct of the county in which he resides referred to in Mr ty on any subject Young’s letter The reference to “hefty lawsuits” in a Mr Young’s letter demonstrates of the facts complete lack of knowledge and a shameful disregard of judicial Mr of In Young’s view position ethics and the allegations made in his letter he has shown a very disturbing lack of Mr am surprised responsibility Young has shown better judgment than this in the past Full discussion and examination of local government actions are essential and healthy if the discussion is both informed and responsible Mr Young’s letter is neither We regret that he has of acted to tarnish the reputations himsell and others by this means Respectfully submitted Warren H Peterson Delta City Attorney In Pendray Plaza Editor Dutson Editorial Marge Barton Managing Editor Fillmore Mark Amott at Large Reporter Advertising Dennis WILL BE OPEN 7 30 p m High School Auditorium Mar 24 I ireside 00 p m Delta est Stake House Mar 25 Auditions tor iddler on the Root 7 no Delta High School Auditorium p m Mar 25 Singles I anuly Home I veiling Terrs Shields speaker HowarJanJ Marilvn lavton residence Mar 27 Blood pressure clinic kanush Town Hall 10 am to 12 noon Mar 27 Blood pressure clinic Meadow )S t p rn ( hurch’s east lover ' FOR BUSINESS March 15 NOON TO 1985 11:30 pm Ashhrook Sales Production Mallet Fillmore Lvelyn Deb Greathouse Riley Wood and Lunch: Soup du Jour Croissants Bagels Subs Sandwiches on French or Wheat Design legal Manager Receivable Billing Circulation Uard Julie Circulation Commercial Serving: Ice Cream Fresh Candies i Office Accounts Jane 'Comp Printing Beckwith Subscriptions advance year M 00 month year f months 00 county toi 00 out of county for Stngle Copy cents Send Address changes to 249 Deha Utah 84624 O Mvennmg Pd 44 JJl4 NEW OWNERSHIP: Suzanne Allen rxitttl sus4s Tiu'U Dutson ouned viuinm hi son |