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Show In ft1 n 1 V o o o A1 T" Iv mux? p v:i i I El i ,r '7 J strollin-' strollin-' round town DELTA. UTAH Population 1703 Elevation, 4,649 City Water and Sewer Electric Service Surfaced Streets Churches, Civic Clubs, Bank Veteran's Groups Hospital, library Municipal Airport Municipal Swimming Pool FAA Station Volunteer Fire Department MILLARD COUNTY Population 7,877 Grazing and Industrial Lands Alfalfa Seed, Honey Poultry and Turkey Raising Stockraising, Dairy Farming Ducks, Geese, Pheasants Deer, Cottontail Rabbits Trout, Bass, and Catfish Mountain Recreation Boating, Picnic Facilities A Great Place To Live I WEATHER Low temperature for the week was 15 recorded on Nov. 17 and 18. A high of 66 was recorded November Novem-ber 14. .60 of an inch of precipitation precipita-tion was measured at the Delta FAA Station out of 2 inches of snow over the weekend. SATURDAY SCHOOL The students of Delta High will be attending school Saturday, Dec. 7 and Saturday, Jan. 4 to make up the two days that they were unable un-able to attend while the building was being repaired. Students and parents alike are urged to mark these dates on their calendars. BAZAAR AND DINNER Delta Second Ward's Annual Bazaar Ba-zaar and Dinner is slated for Friday, Fri-day, Nov. 22, with serving to begin be-gin at 6:30 p.m. sharp. Charge for the dinner is $1.00 for adults and 50 cents for children. The sale of the many beautiful and useful bazaar ba-zaar items will begin immediately after the dinner. CHRISTMAS CARD FUND Area res'dents are reminded that plans are being formulated for the giant Christmas Card published i it:ii a r .. i . eacn year uy me iviuiaiu vuumy Chronicle. Doners to the West Mil- j lard Hospital fund will have their. names published m the Christma edition. All contributions are voluntary volun-tary and residents are urped to st-iiu greeungs lu uieir menus in this manner and build up the hospital hos-pital fund at the same time. More details will be published soon. Six dollars was donated Tuesday afternoon to the fund. HOSPITAL NOTES Hulda Anderson, surgery, admitted Nov. 13. i Hyrum Cahoon, medical, admitted Nov. 16. Annie Bishop still hospitalized. John DeLapp, surgery, admitted Nov. 17. Roy Hilton, medical, admitted Nov. 15. Owen Childs, accident victim, admitted ad-mitted Nov. 20. Dean Willden, son of Mr. and Mrs. Earl Willden, should have been Included in last week's list of hospital patients. NOTICE! County Treasurer Sill Mitchell reminds Mil'.crrd County Taxpayers Tax-payers the! the deadline for paying taxes is Nov. 30, 1963. Saturday noon. 38 of the taxes have been paid to date. School Board members Alta Ash-by, Ash-by, Delma Jean Galli and Jack Nelson voted to move the Millard County School District offices to Delta for the following reasons: (1) Due to the poor hot lunch facilities for Fillmore Elementary School, which are presently located on the second floor of the administrative admin-istrative build'ng, and due to the obsolescense of said building and the crowded condition of the playgrounds play-grounds surrounding the Fillmore BULLETIN! The Millard Coun'y Board of Education met ;n executive session ses-sion Wednesday afternoon to consider the act'on brought a-gainst a-gainst the board by a citizens group from east Millard County. The meeting was held at the offices of-fices of Crafts and Waddingham. Attorneys-at-law. Attorneys Thorpe Waddingham and Richard Rich-ard H. Nebeker of Salt Lake City have been retained by the school board for the action. Board M Civil Action was i led by a citizens citi-zens group from east Millard County in Fifth District Court Monday regarding the controversy contro-versy over a Millard Coun'.y Eoard of Education decision to move the school d strict office to Delta from Fillmore. As a public service feature, the Chronicle publishes the entire complaint. COMPLAINT Civil No. IN THE FIFTH JUDICAL DISTRICT COURT IN AND FOR MILLARD COUNTY, STATE OF UTAH S. G. RICKER, EUGENE Mc-) BRIDE, CARL PROBERT, JAR-) OLD ROBISON, JOYCE WHAT) COTT, VIRGE CHRISTENSEN, ) MAXINE L. ROR'SON, JESS C.) BENNETT, MAUREL J. WARN-) ER, GRANT BRUNSON, ) Plaintiffs, ) -V9- ) THE BOARD OF EDUCATION) OF MILLARD COUNTY SCHOOL) DISTRICT, Millard, Utah, J.) CLIFTON BECKSTRAND, ALTA) ASH BY, JACK NELSON, DEAN) C. EVANS, DELMA JEAN GALLI.) Members of the Board of Educa-) tion of Millard County School) District, and EDWARD L. BUR-) TON & CO., ) Defendants. ) COME NOW the plaintiffs above named, and for cause of action against the above named defendants, defend-ants, complain and allege: First Cause of Action 1. All of the plaintiffs are residents resi-dents of Millard County, State of Utah and of the Millard County School District, Millard County, State of Utah, and are now and at all times herein mentioned have been taxpayers within said Millard County School District. 2. The defendants, the Board of Education of the Millard County School District is the duly consti-. tuted and appointed governing body of said Millard County School Morn The State Attorney General's office of-fice has reaffirmed an earlier opinion opi-nion that school boards and school superintendents are not county officials of-ficials and therefore do not have to maintain headquarters at the county seat. The new opinion by A. Pratt Kessler, Attorney General and written writ-ten by T. Quentin Cannon, Deputy Attorney General, was issued in reply to a request from Milton A. Melville, Millard County Attorney. In answers to questions as to whether, since the school board has always met in Fillmore, it should not continue there and whether school board members and supts. are county officials, the opinion said no and cited a Nov. 4th opinion opi-nion on the same problem sent to Mr. Melville. Furthermore, the latest opinion holds that a simple majority of a school board is all that is required to move the board headquarters except where a school site or building build-ing is going to be sold or conveyed, in which case a majority is required. ((((( ))))) Mr. Milton A. Melville, County Attorney Court House, Millard County Fillmore, Utah Dear Mr. Melville: Receipt is acknowledged of your letter of November 12, 1963,. relative rela-tive to the maintenance of offices in Delta, for the deputy sheriff, the county agriculture agent, the weed control man from the State Department of Agriculture, and the Justice of the Peace of Delta Precinct. Pre-cinct. The question is raised as to whether whe-ther or not the county may maintain main-tain an office for said officers at akes Statement Elementary School, the State Board of Education has recommended that the administrative building be torn down. (2) The offices can be built within or adjacent to the new Delta Jr. and Sr. High School building build-ing with a substantial saving being be-ing realized in designing, plumbing plumb-ing and heating. Or the administrative adminis-trative offices can be moved to an abandoned school building in the Delta area which the District owns, thus eliminating the necessity neces-sity of purchasing a site in Fill more and using funds to construct a new building. (3) Located in the Delta area, the offices will be more nearly located lo-cated in the center of the greater portion of the school population. According to the 1962-03 enro.l- Cont-'nued on back page) MAIL DROP BOX The mail drop at the corner of Mercer's Drug Store will be ready for use Monday, announces Postmaster June Black and Mayor May-or Ned M. Church. District. The defendants, J. Clifton Beckstrand, Al a Ashby, Jack Nelson, Nel-son, Dean C. Evans, and Delma Jean GaJi, are the duly elected, qualified and acting members of the Board of Education of the Mil-l?.rd Mil-l?.rd County School District. The defendant, Edward L. Burton & Co., is a Utah corporation, organized and existing under and by virtue of the laws of the State of Utah, and having its principal place of business busi-ness in Salt Lake City, Salt Lake County, State of Utah. 3. On or about the 19th day of July, 1963, the Board of Education of the Miliard County School District Dist-rict by Resolution directed the holding of a bond election among the qualified voters of the Millard County School Dislrict for the approval ap-proval of the issuance of $1,950,-000 $1,950,-000 in bonds of the Miliard County School District to be used for the purpose of certain capital improvements improve-ments of the schools in said Millard Mil-lard County School District, said capital improvements being des-j cnbed in a brochure issued ana circulated by the Millard County; School District among the voters of said Miilard County School District. Dis-trict. 4. Said bond election was conducted con-ducted on the 9th day of August, 1963 and upon a canvas of the votes cast in said bond election, it was determined by the Board of Education of Millard County School District that the votes cast in favor of the issuance of said bonds exceeded the votes cast a-gainst a-gainst said issuance by 244 votes. 5. The Millard County School District made arrangements for the sale of said bonds through the de- , f endant, Edward L. Burton & Co., , the said Edward L. Burton & Co. has secured a commitment for the ' purchase of said bonds as quickly I as all of the necessary conditions precedent to the valid issuance of ' said bonds are met. The name of I the prospective purchaser of said 1 bonds is unknown to the plaintiffs. 6. After the vote upon the issuance is-suance of said bonds, the Board of ; Education of the Millard County , School District caused the said Delta, Utah, when the county seat is in Fillmore. The answer is certainly. cert-ainly. The county sheriff is empowered to place his deputy sheriffs in such locations as he, in his discretion, ! finds proper to perform the obligations obliga-tions of his office. The county sheriff sher-iff is as much affixed to the entire county as he is to any particular part of the county. As an example, in Salt Lake County, there are deputy de-puty sheriffs located throughout the county. This provides a much better protection to the people of the county and also law enforcement. enforce-ment. ' The county agricultural agent is Services for Emma Sfrafton Held In Hinckley Chapel j Funeral services for Emma Strat-i Strat-i ton were held Monday at 11:00 ' a.m. at Hinckley Ward Chapel. Bishop Karl Workman officiated. Preiude and postlude music was by Roma Ekins. Erma Cropper, accompanied by Roma Ekins sang "Wonderful Mother Mo-ther of Mine". Randle P. Swensen gave the invocation. Speakers Walter Ekins and Arthur Arth-ur H. Reeve spoke of the hardships of early pioneer life and the sterling ster-ling qualities of honest, thrift, de pendability and love. Charles Strat ton, who preceded Mrs. Stratton in death, was Bishop of Hinckley Ward for 17 years and under his leadership during the depression, Hinckley's beautiful ward chapel was built. Ruth Talbot played organ melo dies followed by "In the Garden" sung by Cluff Talbot and Blaine Spendlove. They were accompanied by Ruth Talbot. Karl Workman made closing re marks. Alma Western offered the benediction. Burial was in the Hinckley Cemetery Cem-etery where the grave was dedicated dedi-cated by Kerl Workman. Pall bearers were grandsons of Mrs. Stratton's. All the children were here for the services. "SERVING Volume 54 Number 21 ey General bonds to be issued. The plaintiffs are not aware whether said bonds have been delivered to Edward L. Bur on & Co., but are informed and believe and therefore allege that' sa d bonds have not been delivered to the ultimate purchaser as of the date of the filing of this action. 7. The said bonds have been illegally and unlawfully issued and do not constitute valid obligations of the Millard County School District Dis-trict in that the list of registered voters prepared at the request of the Board of Education of the Millard Mil-lard County School District for the conducting of said election was hastily and improperly prepared with the result that there were included in the list of qualified voters the names of persons who were not in fact qualified to vote at said bond election, and that there were emitted from said list of qualified electors the names of electors who were qualified to vote in said election. As a result of the improper preparation and distribution distribu-tion of said list of qualified voters, persons who were not qualified to vote in said election were allowed to and did vote in favor of the issuance is-suance of said bonds and persons who were qualified to vote in said election and who presented themselves them-selves to the polls for the purpose of voting against the issuance of said bonds were denied the right to vote in said election. Excluding from the vote tally those individuals individ-uals who voted in favor of the issuance is-suance of said bonds and who were not eligible to vote in said election, and including in said vote tally persons who were entitled to vote, and who presented themselves to the polls for the purpose of voting against the said bond issue, but were denied the right to vote, the majority of the votes cast in said bond election were not in favor of the issuance of the bond, but rather rath-er the majority were against the issuance of said bonds. Second Cause of Action Plaint ffs adopt as a part of their Second Cause of Action paragraphs 1, 2 and 3 of the First Cause of Action. not a county officer, even though the name would so indicate. The county agricultural agent is a mem ' ber of the staff of the Utah State University with professional status. He is hired by the university. Each state has a land grant college, and each of the land grant colleges have three divisions: 1. the college; col-lege; 2. the experiment station, and; 3. the extension service. The director of the extension service at the land grant college appoints the county agricultural agent. He is a member of the staff of the university and of the extension service. He is paid his salary by the university, even though some of the money may originate from the United States Department of Agriculture. Agri-culture. In cooperation with the county, an agreement is entered into whereby the county provides the secretarial service for the county agricultural agent as well as travel expense and office space. This is an agreement entered into between the county and the Utah State University or the land grant college. At the time the agreement; .-- -iil.i.u lull, iiic uuaiu jl tuuJl" ty commissioners work out with the director of the extension division divi-sion of the land grant college, where the proper offices for the agricultural agent should be. It is my understanding that you have two agricultural agents in Millard County, one with headquarters in Fillmore, Utah, and the other with headquarters in Delta, Utah. The Weed Control InsDector is generally appointed by the State Department of Agriculture and is Harold Gottfredson. a state officer. In some counties,! Bishop Ned Church gave the however, the entire expense of the opening prayer followed by a la-Weed la-Weed Control Officer is carried by dies trio, Thelma Black, Deonna the county and in such instances Black, and Betty Turner singing he would be a county officer. In ".Invocation". They were accom-other accom-other areas, there may be a Weed panied by Elaine Robison. Control Officer who will supervise! Talks were given by Dudley a d'strict which consists of more Crafts and Dr. M. E. Bird. They than one county. That is deter-'spoke of Mrs. Warnick's sterling mined by the State Department of qualities as a wife, mother and Agriculture, or between the two counties, who may engage the1 Weed Control Inspector. Oft times, the Weed Control Inspector also works under the direction of the Crop Jmprovement Organization. I The Crop Improvement Organiza- tion is headed by Mr. Golden Stok- er, or tne utan state university. The Utah State Department of Ag- THE PEOPLE OF DELTA Thursday, November 21, 1963 1. The said brochure which was issued by the Millard County School District and circulated a-mong a-mong the voters in said Millard Coun.y School District represented that from the proceeds of said funds an amount of approximately $1,250,000 was to be expended for the purpose of constructing a new Junior-Senior High School in Delta, Utah; $75,000 for the construction and equipping of a new farm shop at the Miilard High School and approximately ap-proximately $80,000 for a remodelling remodel-ling project at M Hard High School. The brochure further provided, a-mong a-mong other things, that a portion of the funds would be used for constructing and improving elementary ele-mentary school facilities in the Eastern portion of Millard County. The sa d brochure further represented repre-sented that the existing and antiquated anti-quated District Administrative office of-fice in Fillmore would be dismantled disman-tled and a portion of the funds be used to construct a new district office in Fillmore, Utah. Said brochure bro-chure constituted a representation to the electors in Millard County School District that the funds from said bonds issued would be used in the manner stated and said brochure bro-chure constituted an agreement by the Board of Education of the Millard Mil-lard County School District that said funds would be used. 2. Notwithstanding the representations represen-tations in said brochure, the said Board of Education of Millard County School District on or about the 7th day of November, 1963, adopted a Resolution to the effect that the new school district offices should not be constructed in Fillmore, Fill-more, but should be constructed in Delta, Utah. Plaintiffs are informed in-formed and believe and therefore allege that it is further the intention inten-tion of the members of the Board of Education of the Millard County School District to divert from said bonds issued for the construction of the Delta High School substantially substant-ially more than the sum of $1,250,-000, $1,250,-000, and to divert funds over and above that amount from the proceeds pro-ceeds of said bonds to the construction con-struction of the Delta High School o riculture and the Crop Improve ment Organization then work together to-gether in determining the proper place for the inspector to be re-sidenced. re-sidenced. If this burden of expense is carried entirely by the county, then certainly the county officers would have the right to determine where his offices would be. Section 78-5-1 provides that every ev-ery justice of the peace shall reside re-side in and shall hold a justice court in the precinct, city or town of wh'ch he is elected or appointed. The justice of the peace of Delta, is by law, required to be a resident resi-dent of Delta and to hold his court in Delta. Very truly yours, A. PRATT KESLER Attorney General T. QUENTIN CANNON Deputy Attorney General Funeral Services rAM I 11113 WSffllCK Held Saturday Funeral services for Mrs. Lula Warnick, 85, were held Saturday, Nov. 16, 1:00 p.m. in Delta Second Ward with Bishop Willard Stephenson Stephen-son officiating. Mrs. Warnick died Wednesday at the West Millard Hospital of natural nat-ural causes. Family prayer was given by friend. Other musical selections were "In My House Are Many Mansions" by David Church and "Jesus, Savior Pilot Me" by the ladies trio. Michael Gottfredson gave the closing prayer. Burial was in Deseret Cemetery where Marian Warnick dedicated the grave. Cjjpl I ci us AND THE GREAT PAHVANT VAZLEY" Delta, Utah Copy 10c and to abandon the plans for the improvement of the elementary schools and for further school improvements im-provements in eastern Millard County. 3. There exists within the Millard Mil-lard County School District strong rivalry between those persons residing re-siding in the Western part of Millard Mil-lard County, the commercial life of which centers around Delta, and those in the Eastern part, the commercial com-mercial life of which centers a-' round Fillmore. The majority of the members of the Board of Education Edu-cation of Millard County reside in towns and communities, the center of whose commercial life is the town of Delta. The decision of the School Board to divert funds from other purposes to the construction of the Delta High School and to move the District school offices from the town of Fillmore to the town of Delta has been arbitrary, unreasonable and has not been dictated by a consideration of the needs for educational facilities through the Millard County School District, but has been motivated by a desire to concentrate in and around the town of Delta school facilities superior to those in the balance of the county, and by a ' desire to punish those towns and cities in the eastern part of the j Millard County School District for ' a failure to vote more heavily Jn favor of the Issuance of said bonds. I 4. The decision of the Board of Education to divert funds from the I purposes stated in the brochure is j a violation of their official duties and a breech of the trust which they owe to the voters and taxpayers tax-payers in all pf Millard County and such diversion should be restrained by this Court. WHEREFORE, plaintiffs pray: A. That this Court enter upon an investigation of the tally of the vote in the school bond election ahoVA rpfftrrpH tn jimH that unnn j such investigation the vote of per-I per-I sons not entitled to vote be thrown out ana tnose entitled to vote be counted, and that upon such action it be declared that said school bond issue failed of passage. -By INEZ RIDING U u ! - j I imiirinr!, ji t am The snow was nice, wasn't it? During the past year, and espec-I espec-I do declare, it surely put me in ially during the discussions on the mood for Christmas along higher teacher salaries which per-with per-with our younger girls. We played meated the whole state of Utah, Chris. mas records all weekend! I'll not bore you with too many details on our cat, but he is warming warm-ing up. At least, he's more tolerant toler-ant of us than he was a week ago. The silly thing, he likes to be near us and likes to be stroked every once in a while but he REFUSES to be picked up and cuddled. The situation in M'llard County' regarding the school district offices, is shaping up to be quite a "thing' I've been paid quite a complement twice over the weekend by telephone tele-phone calls from east Millard residents re-sidents urging me to do everything that I could to patch up this difference dif-ference between the east and west side of the countyi Compliment? Yes, a compliment. They do me great honor by even suggesting that I have that k'nd of influence! Persons attending a school board meeting several months ago will undoubtedly recall my flipping at a remark about "forgetting east- side west-side differences". I do believe that I must have leaped to my feet and stated in no certain terms that I for one was through thinking east-west and that as far as I was concerned it was time to begin thinking west-east If my memory serves me right, the whole display of temper and near-tears was recorded. Anyway, telephone calls urging me to editorialize on the ruination of the county if the school board Droceeds to move the district of - fices result in NOTHING as far as I'm concerned. I think east Millard residents are missing the boat when they coo-tend coo-tend that our three board members are seek'ng "revenge". Retired school board members have often told me that the move of the district dist-rict offices should hare been made years ago. because of the larger school population. $4.00 a year in advance B. That upon the determination that said school bond vote failed of passage, the defendants be restricted re-stricted from any further action in the issuance and the sale of said bonds. C. That in the alternative if said bonds are issued, the Court make and enter its order requiring me Board of Education of Millard School District and the individual members thereof to expend said iunas in accordance with the representation re-presentation made in the hiwhnro described in this Complaint, and in particular mat the said Board be required: (1) Expend from the nroceeris of said bonds not more than ap proximately $1,250,000 for the con struction of a Junior-Senior High School at Delta, Utah. (2) Expend from said bonds a reasonable amount for the construction con-struction and improvement of the elementary school facilities in the eastern part of Millard County School District, and (3) Construct in the town of Fillmore a new District School Office. Of-fice. (4) In all other respects conform con-form to the plan of expenditure as set forth in said brochure. D. For, such other relief as the Court may deem just Including the costs of this action. A. Lee Petersen Attorney at Law Fillmore, Utah OF PUGSLEY, HAYES, RAMPTON & WATKISS 600 El Paso Natural Gas Building, Salt Lake City, Utah Attorneys for Plaintiffs Address of Plaintiffs: S. G. Ricker, Fillmore, Utah Eugene McBride, Fillmore, Utah Carl Probert, Scipio, Utah Jerold Robison, Flowell, Utah Joyce Whatcott, Kanosh, Utah Virge Christensen, Kanosh, Utah ' Jess C. Bennett, Holden, Utah Maxine L. Robison, Fillmore, Utah Maurel J. Warner, Fillmore, Utah i Grant Brunson, Kanosh, Utah 7i many words have been spoken and written comparing the operations of schools to businesses and farming. farm-ing. In managing either( business or farming) it has been pointed out that what you can't afford, you can't have, etc. Have you, you, or you not heard such conversa- I tions? All right, all right, school is business. Big business. Just where do businesses locate their base of operations? As near the center as possible. Why? To save money. In this instance of moving the district dist-rict offices, Mr. Taxpayer, it would be our tax money being saved. So, yep. I'm for the move. Not only would it benefit our side of the county but the whole county would be benefited in the tax money saved. Let's get back to this "revenge" idea. This whole trend of thought intrigues me. According to my dictionary dic-tionary revenge means "The act of doing hurt or harm to another in return for wrong or injury suffered". suf-fered". Our three west side school board members suffered no wrong nor Injury in the vote tally of the i bona election. They worked to get u Passea ana tney were success- I IUL H0W can their vote to move the district offices be construed as revengeful? Revenge against what, pray tell me? The idea that seems to be catch- ling on is this complete West Mil. iara ticket for the next county e-lection. e-lection. Several have commented very favorably to me since last week. I'll repeat what I said last week "County party officials will have their work cut out for them the next time around". What is needed at the Delta Post Off ce is a good old-fashioned housewanning! How's about it Cleo. Ed. Pearl and June? It has been dedicated, yes. but a house-warming house-warming is completely different. Our o'd post office had a real homey atmosphere, in the new one everything is too new and shinyl Anyway. I surely miss runn'ng into the pist office and growling at Cleo and Ed (and winking at Pearl in the only manner one female can wink at another when she thinks she's pulled a "funny" on a male!) I've never seen Delta Main Street look d:rtier than it did Tues day. The gutters had not been cleaned since the recent snowstorm. snow-storm. Parallel parking lost a few more boosters when they were trying try-ing to park on that dirty, icy nortn side of the street. All of us sidewalk lawyers and Cont'nued on back page) |