To get ALL the news from the Edge of the Frontier, subscribe to NORTHERN HERALD. Details on Home Page: http://northernherald.com ****************************************************************** Copyright (c) 1995, 1996, 1997, 1998, 1999, 2000, 2001, 2002, 2003 by Northern Herald and Northern Herald Publications, Inc. MEDIA AND OTHER USERS: See Copyright Info and Limited Permission to Use - Revised 9/6/97 - at the end of this file. ****************************************************************** THE LIBRARY - VOLUME 7 - 09/29/01 through 07/27/02 THE NORTHERN HERALD LIBRARY OF ARCHIVED ISSUES ************************************ FULL TEXT FOLLOWS TABLES OF CONTENTS ************************************ There is no index, nor is one needed. If you are researching a particular subject, or person, use the FIND utility in your browser's EDIT menu (at top of your screen) to locate stories dealing with your topic. Contents are in order - are not hypertext - just SCROLL DOWN to find what you want - this file is cumulative and voluminous - you may find it expeditious to FIND (from your EDIT menu on Explorer and certain other browsers) for a keyword in the headline (as listed in these Contents), or to download and then search): CONTENTS - BY ISSUE (DESCENDING): ------------------------------------- ISSUE OF 07/27/2002 - VOLUME 7 NO. 9 ------------------------------------- Leading Edge Journalism GRAHAM, BENSHOOF TO JOUST NEVIS ADMINISTRATOR MAUREEN CIRKS RESIGNS The $600 Billion Lawsuit EIGHTH CIRCUIT DISMISSES BEMIDJI CITY APPEAL MOONDANCE 2002: STARS & STRIPES FOREVER! Leading Edge Journalism-Follow Up NEW HELICOPTER FRAUD ALLEGATIONS SURFACE AGAINST BEMIDJI POLICE CHIEF PREECE Hennepin County Attorney's Office Takes Interest Bemidji Police Commission Claims "Didn't Know" Upcoming Events BACKUS CORN FEST: 8/9-8/11 JACOBSON FIRE DEPT. FEED REMER: 9/11 DAY; HARVEST FEST NEWMAN CLAIMS CONTINUED HARRASSMENT BY BEMIDJI PD -- A NORTHERN HERALD BOOK REVIEW -- If You Want Something Done Right, Do It Yourself HOW TO SUE THE BASTARDS Installment 6 - Execution and Appeal. HUGE CROWDS FLOCK TO MOONDANCE 11 THE MANY CORNERS OF MOONDANCE Moondance Talent - Interviews: GARY PUCKETT PAUL REVERE Photo Caption: MEAT LOAF Photo Caption: THE NORTH CAMPGROUND! -- A Northern Herald Restaurant Review -- BRUNCH AT CHARLIES! ------------------------------------- ISSUE OF 06/01/2002 - VOLUME 7 NO. 8 ------------------------------------- Leading Edge Journalism LONG WAITS IN HOT SWEATY CARS GREET TRAVELERS TO BEMIDJI THIS SUMMER CITY OF BEMIDJI, THORSON, MNDOT SNARL CITY TRAFFIC BLACKDUCK, U.S. 71, DETOURED TOO DAHL, LOSH, FACE OFF IN LEECH LAKE RBC DISTRICT 2, TUESDAY, JUNE 11TH NOTICE OF 7-WEEK ISSUE BAGLEY TO HOST HIGH PLAINS RENDEZVOUS JUNE 22-23 MISCONDUCT CHARGE AGAINST NEVIS MAYOR DISMISSED Leading Edge Journalism - Follow Up STATE APPEALS COURT WON'T REOPEN GAST DEATH GRAHAM TAKES WOMEN'S SHELTER DISCRIMINATION SUIT TO FEDERAL APPEALS COURT PAPER THIEF CHARGED At Backus - The Hub of North Central Minnesota! ALUMNI PROM HIGHLIGHTS BACKUS OLD-TIMERS' DAYS IN FOCUS - NORTHERN ARTISANS At Bemidji KILDE'S AUTO & EXHAUST CENTER AKELEY AUTO IS NEW TO TOWN - BUT NOT OWNER SCOUTON MOONDANCE 2002 TO FEATURE NEW ATTRACTIONS If You Want Something Done Right, Do It Yourself HOW TO SUE THE BASTARDS Advertisement ADAM STEELE - CANDIDATE FOR STATE REP - DISTRICT 4A NEIGHBOURS COME TOGETHER TO CONFRONT CRIME AT FEDERAL DAM Photo captions (photos are not included in The Library edition): THE EMMAVILLE STORE AND CAFE NEW PRINCIPAL AT THE BUG-O-NAY-GE-SHIG SCHOOL IS JOE HUNDEBY THE WALK FOR MOTHER EARTH'S SAKE ------------------------------------- ISSUE OF 05/04/2002 - VOLUME 7 NO. 7 ------------------------------------- Leading Edge Journalism ----------------------- At Bemidji - High Corruption Marches On! BEMIDJI POLICE CHIEF PREECE IMPLICATED IN ALLEGED HELICOPTER PONZI Purchaser Says $295,000 Missing; Manufacturer Pulls Preece's Franchise Leading Edge Journalism EIGHTH CIRCUIT COURT ORDERS BEMIDJI TO SHOW CAUSE Leading Edge Journalism NEVIS COUNCIL CALLS SPECIAL MEETING TO INSULT MAYOR CASS COUNTY TRANSPORT OFFICER CHARGED For Accountants Only ATX/SABER - A MIXED BLESSING by Adam Steele, CPA ART STUDENTS INVITED TO APPLY AT MACROSTIE ART CENTER At Backus - The Hub of North Central Minnesota! OLD TIMERS' DAYS MAY 25-27TH COPS 2002 --------- WANTED: RETIRED LAW ENFORCEMENT OFFICERS! PIZZA, WITH OR WITHOUT SMOKE, IN THE NISSWA-PEQUOT LAKES AREA Consumer Corner THE OFFICE MAX REBATE SCAM - INVESTIGATION RESULTS ROCK SENTENCED Letters to the Editor MEDIA LIES ABOUT SECOND-HAND SMOKE LUEBEN NAMED 2002 FRIEND OF THE ARTS VOLUNTEERS NEEDED FOR WHITE OAK RENDEZVOUS If you want something done right, do it yourself. HOW TO SUE THE BASTARDS PART 1 - THE SMALL CLAIMS, OR CONCILIATION, COURT INSTALLMENT 4 - DOCUMENTARY AND OTHER EVIDENCE. ------------------------------------- ISSUE OF 03/23/2002 - VOLUME 7 NO. 6 ------------------------------------- Leading Edge Journalism GRAHAM ASKS STATE APPEALS COURT TO REOPEN GAST DEATH AT BRAINERD Leading Edge Journalism STATE AUDITOR CITES IRREGULARITIES AT NEVIS A NEW WAY TO TEACH HEARTLAND WOMEN TO PRESENT PRESTON AT PINE RIVER BRUNCH H. S. INVITATIONAL AT BEMIDJI ART CENTER ARMY RESERVE ENCAMPMENT AT EELPOUT! TALENT GRACES STAGE AT LAPORTE Editorials - Opinion HOW HIGH SHOULD PHILLIP HARRIS HANG? -- ADVERTISEMENT -- It's time for a SMOKERS' BILL OF RIGHTS PAPER THIEF NABBED A NOTE TO BAGLEY READERS: A GOOD MEAL DEAL on E. 4th St., Grand Rapids If You Want Something Done Right, Do It Yourself HOW TO SUE THE BASTARDS Good Living - Food & Wine JEAN DUREE CABERNET SAUVIGNON (PAYS D'OC, FRANCE) BAREFOOT AND PREGNANT Contemporary Ladies' Perspective, Advice and Tips by The Lady Steele HOUSEHOLD HINTS - Fresher Lettuce NOTICE OF OPENING OF INVESTIGATION Office Max - Rebates WAL-MART OPENS AT BEMIDJI THE SESSION ------------------------------------- ISSUE OF 02/16/2002 - VOLUME 7 NO. 5 ------------------------------------- Leading Edge Journalism ----------------------- A Tale of Two Neighbors ROCK: PARK RAPIDS POLICE INACTION LED TO SHOVEL JUSTICE John Rock says PR police wouldn't act to protect his family from harassment. NEVIS MAYOR RECEIVES SPHERES Leading Edge Journalism ----------------------- POOR SERVICE, POLICIES AT AMERICINN, BLACKDUCK, MAY HAVE CONTRIBUTED TO PATCH KILLING BCA Investigation Reports Tell Story Leading Edge Journalism ----------------------- NEVIS: ATTORNEY GENERAL ACTS Council Rescinds Illegal Acts, Restores Mayor After Hatch Inquiry; Graham Asks Grand Jury Investigation of John Masog In Focus BSU JAZZ FEST STARS STEVE WRIGHT, KIM PARK SNOW OR NO, IT'S BACK TO HACK ! It Happens to the Best of Us, We Suppose BEMIDJI POLICE OFFICER BIESE CHARGED WITH OPEN BOTTLE Editorials - Opinion GETTING BACK TO NORMAL AT NEVIS Letters to the Editor CARVELLI: STATE SHOULD BUY AMERICAN HERALD NO LONGER AT HACK JUNCTION Foxes Watching The Henhouse WHAT A LETTER FROM LPRB LOOKS LIKE WHEN YOU CALL CELLULAR 2000 CUSTOMER SERVICE A SPECIAL MESSAGE FROM THE FIRM OF C.N. AMBLE, LANCE & CHASE ------------------------------------- ISSUE OF 01/15/2002 - VOLUME 7 NO. 4 ------------------------------------- Leading Edge Journalism CORRUPTION TO RULE NEVIS 'TIL 2003 Rural Hubbard Co. City May Surpass Bemidji as State's Laughingstock NEVIS MAYOR TO PRESENT STATE OF THE CITY NEVIS POLICE CHIEF ON DUTY 24 HOURS NEVIS RETAILERS HALT HERALD Leading Edge Journalism SCHIEFERDECKER LOSES BELTRAMI BOW CASE Still, Administrator Does Not Predict Shortage In Focus A PORTRAIT OF TWO ARTISTS Family Brings Classic Painting to Bemidji In Focus THE PLACE TO BE ON NEW YEAR'S EVE BIELOH'S BIG GAME FEED -- AN OBITUARY -- Editorials - Opinion LOOK TO TAX "WELFARE" TO CURE SHORTFALL by Adam Steele, CPA, Editor WHAT READERS SAY Consumer Corner SENIORS MUST CONSIDER FULL POTENTIAL RAMIFICATIONS OF REAL ESTATE TRANSFERS by Adam Steele, CPA and former referral accountant to Senior Financial REMER SCHOOL INVESTIGATION OPENED If You Want Something Done Right, Do It Yourself HOW TO SUE THE BASTARDS Part I, Installment 2 brought to you by the firm of C. N. AMBLE, LANCE & CHASE BAREFOOT AND PREGNANT Contemporary Ladies' Perspective, Advice and Tips by The Lady Steele TRAVEL TIPS SHOPPING HINTS ------------------------------------- ISSUE OF 12/08/2002 - VOLUME 7 NO. 3 ------------------------------------- Leading Edge Journalism NEVIS COUNCIL REFUSES TO FOLLOW LAWFUL PROCEDURE TAXPAYERS' COST OF ADMINISTRATION - MINNESOTA CITIES CIRKS IDENTIFIED AS THIEF MASOG RESIGNS CORRECTION (no, not even we are without sin) Leading Edge Journalism BEMIDJI SCHOOLS WILL TRY TO SQUEEZE TAXPAYERS AGAIN SMILES ABOUND AT BIG DENTAL CLINIC IN SMALL NORTHERN CITY In Focus GAME FEED AT BECIDA Letters to the Editor MANTRAP BOARD STEAMROLLS OVER LONG-TIME PROPERTY OWNER CONSUMER CORNER CAUTION URGED WITH DENTAL LABS ANOTHER ALTERNATIVE TO QUEST(R): US LINK BAREFOOT AND PREGNANT Contemporary Ladies' Perspective, Advice and Tips by The Lady Steele HOUSEHOLD HINTS How To SUE THE BASTARDS (Part 1 of an ongoing series, brought to you by The Firm of C.N. AMBLE, LANCE & CHASE) ------------------------------------- ISSUE OF 11/03/2001 - VOLUME 7 NO. 2 ------------------------------------- Leading Edge Journalism ----------------------- City Council Deposes Lawfully Elected Mayor HIGH CORRUPTION ERUPTS AT NEVIS Bemidji Corruption at Its Best STATE AUDITOR FINDS FORMER BEMIDJI MAYOR DOUGLAS PETERSON WRONGFULLY RECEIVED CITY FUNDS MERITCARE REFUSES TO TREAT ANTHRAX-LIKE SYMPTOMS Part 3 of a multi-part series resulting from our continuing investigation of health service practices in Northern Minnesota Photo caption: VETERAN'S MEMORIAL AT BIGFORK LISTENERS, DANCERS, REMEMBER WHEN GAME FEED AT BECIDA In Focus MICHAEL DOUCET & BEAUSOLEIL BAREFOOT AND PREGNANT Contemporary Ladies' Perspective, Advice and Tips by The Lady Steele From the Jury Room PLEA CARRIES UNSTATED CONSEQUENCES We Paid the Price - Might as Well Print the Story N. HERALD TO RELEASE OBIT Follow-Up BULLOCK PLEADS TO CHARGE LETTERS TO THE EDITOR FASHION FORECAST CROWDS GATHER FOR BENEFIT CONSUMER CORNER $15 TOWING Dead Issues SENIORS MAY WANT TO TAKE MONUMENT DELIVERY BEFORE NEED --------------------------------------------------------------- ISSUE OF 09/29/2001 - VOLUME 7 NO. 1 - SIXTH ANNIVERSAY ISSUE! --------------------------------------------------------------- Leading Edge Journalism DNR BUSTS SUNSET VIEW Grand Rapids Contractor Thomas Hammerlund Issued Cease Order for Multiple Environmental Incidents at Deer River Resort Trouble in Paradise - More Dogs Can Mean More Problems NEIGHBORS CLASH OVER DOGS AT FEDERAL DAM CAMPBELL BENEFIT A SUCCESS FOOD, FUN FOR ALL AT HUBBARD POSSE B-B-Q, TURKEY FEED AND DANCE OVERCHARGES, "BAIT-AND-SWITCH" CONTINUE AT MARKETPLACE, BEMIDJI Walmart Grocery expected to arrive February, 2002 -- A Northern Herald Restaurant Review -- **** Four 4-Star Brunches **** in the Lake George-Park Rapids Area Editorials - Opinion SOLVING THE AIR TERRORISM PROBLEM Photo Caption: THOSE TURKEYS FROM REMER WHITE OAK BURGLARIZED LAST TWO WEEKS FOR FALL CRUISE! IMPROPER EXPECTORATION BY FAIRBANKS CLAIMED Photo Caption: ETHNIC FEST DANCE BRINGS FRENCH CAJUN TO WALKER Consumer Corner - PENNYSAVER Unadvertised good deals that can save you money HALF & HALF COPENHAGEN(R) & COUGAR(R) SNUFF LOCAL HOME TELEPHONE SERVICE RATE COMPARISON - BEMIDJI AREA -- Advertisement -- DOES CELLULARONE TURN YOU OFF? YOU MAY BE ABLE TO RECOVER DAMAGES Photo caption: "CASS LAKE UNITED WE STAND" GUN CLINIC AT GRAND RAPIDS ****************************************************************** TEXT OF ARCHIVED ISSUES BEGINS: ------------------------------------- ISSUE OF 07/27/2002 - VOLUME 7 NO. 9 ------------------------------------- Leading Edge Journalism GRAHAM, BENSHOOF TO JOUST BEMIDJI -- Two of Northern Minnesota's best legal minds are at war. Apparently, the Honourable Paul Benshoof, Judge of the Ninth District Court, has claimed offense by the knightly legal scholar and author, attorney John Remington Graham, and has demanded satisfaction; - a joust before the Lawyer's Professional Responsibility Board (LPRB). The matter arises in the aftermath of the case of Phillip Harris, Mayor of Nevis (See NH of 06/01/02, in this Library volume, post.) That matter, involving a charge of Misconduct of a Public Official (MPO), which Graham has repeatedly said was a subterfuge by the Nevis City Council, with the cooperation of Asst. Hubbard Co. Atty. John Masog, to remove Harris from office for political reasons, was resolved in May; with Graham and conflict prosecutor Mark Hanson, who took over after Masog was removed from the case, agreeing to drop the office-threatening MPO charge, in return for a guilty plea to a charge of Disorderly Conduct. But shortly after the disposition, the Honourable Judge Benshoof filed against Graham before the LPRB. LPRB complaints are not public, so the actual allegations cannot be reported verbatim here. It is known, however, that the complaint primarily alleges that Graham represented himself as Harris's attorney prior to Harris "hiring" him (in this case, there was no retainer paid - Graham, who was in Quebec at the time, took the case pro-bono, with only a loose guarantee of his travel expenses, because, in his words, "most people may not care that lawlessness has been allowed to run riot in the City of Nevis, but no patriot and statesman will countenance such a situation for a moment."); and that Graham attempted to represent Harris, in a telephone conversation, before filing a certificate of representation with the Court. Graham has countered that the certificate of representation is not required prior to appearance (in hearing) before the Court. As it is understood, central to the complaint are the events on or about February 22nd, 2002, when Graham contacted Judge Benshoof in an attempt to set a date for motions; following which, per Graham, Judge Benshoof telephoned Harris directly to notify him of a trial date on which Graham could not appear. Graham, who later had the trial date reset, has charged that this would have forced Harris to jury trial without counsel. Harris, who fired public defender Darrell Carter after Carter suggested to Harris that he quell the controversy by resigning as mayor, said that, as of February 22nd, he had asked Graham to represent him. ----------------------------------------------------------- NEVIS ADMINISTRATOR MAUREEN CIRKS RESIGNS NEVIS -- After 30 years as City Clerk/Administrator, Maureen Cirks has resigned, effective August 6th. Reportedly, she will be taking a job as Administrator for the City of East Gull Lake, near Brainerd. In recent years, under Cirks's administration, and under former Mayor Melander, Nevis has suffered severe cost overruns, and its General Fund, this year, has had a deficit balance. A recent State Auditor's report cited 24 deficiencies in Nevis's financials and accounting procedures (NH of 03/23/02, available at website below). Cirks, who asked for, and got, a deputy clerk to work under her, drew a salary, with benefits, of $35,000 a year, in this city of 364 people. It's total administrative cost for 2000 was $60,449, or about $166.07 per resident - one of the highest in the state. In October, 2001, after newly elected Mayor Phillip Harris tried to study city documents in an effort to put the city on sounder financial footing, Cirks sought a Harassment Restraining Order against him, on grounds which later proved to be baseless, barring the Mayor from City Hall. At Nevis, Cirks is expected to be succeeded by Nevis Deputy Clerk Carol Fridgen. Note: For earlier, detailed reports on recent corruption at Nevis, see High Corruption Erupts at Nevis, Northern Herald of 11/03/01, (vol. 7 no. 2) with follow-ups in vol. 7 nos. 3-8, in this Library volume, post. See also related story, "Graham, Benshoof to Joust," this issue, ante. --------------------------------------------------------------- The $600 Billion Lawsuit EIGHTH CIRCUIT DISMISSES BEMIDJI CITY APPEAL ST. LOUIS -- The United States Court of Appeals for the Eighth District, on June 28th, 2002, dismissed an appeal, by Defendants, The City of Bemidji, two of it's officers and 3 police officers; in the suit brought by Northern Herald editor Adam Steele for encroachment of First Amendment rights. The filed complaint states that, in 1998, when Steele was distributing the Northern Herald on a public boulevard in Bemidji, Bemidji Police Dept. Sgt. Michael Porter, ordered Steele to stop, or Porter would, "Take you to jail, today." Porter's action was ratified by City Attorney Alan Felix, and, until the federal District Court issued a restraining order in late 1999, Northern Herald could not be sold or given away on Bemidji public streets or sidewalks, under threat of jailing. In 2001, the federal Appellate Court found the conduct and two ordinances of the City of Bemidji (the City) to be unconstitutional, and remanded the matter back to the U.S. District Court for trial. Accordingly, the District Court dismissed the City's motion for summary judgement, earlier made. But although its actions were found unconstitutional, the City tried to escape paying damages by advancing a claim of qualified immunity, that is, that the City employees, including City Attorney Alan Felix and the police officers, didn't know that they were breaking the law, and were just doing their jobs. On this they asserted an appeal, back to the Eighth Circuit Appellate Court, of the dismissal of their motion for summary judgement. Generally, non-dispositve action on a motion is not appealable, until a final disposition of the case. When ordered, by the Appellate Court, to show cause why their appeal should not be dismissed for want of jurisdiction, the City cited certain authorities to the effect that where the case turns on a question of qualified immunity, there may be jurisdiction to hear the appeal. But the Eighth Circuit, in its ruling, said that the City had filed no intervening motion based on qualified immunity, and the order of the District Court did not mention same. The matter, thusly, remains pending trial before the United States District Court. For earlier coverage, see "Eighth Circuit Orders Bemidji To Show Cause," NH of 05/04/02, in this Library volume, post. ------------------------------------------------- MOONDANCE 2002: STARS & STRIPES FOREVER! WALKER -- A tribute to this great nation and support of our brave men in Afghanistan was the theme and spirit of Moondance 2002 - the 11th Moondance Fest. Many campsites were decorated in the Red, White and Blue, many moondancers waved full-sized flags in the audience during concerts, and an award was given for the best campsite in the patriotic theme of this year's fest, from July 10th through the 13th. Thursday evening, Moondance producers Kathy and Bill Bieloh took the stage personally, joined by a flag-bearing honour guard from the Walker-Hackensack-Akeley schools to explain to the crowd that one of the things freedom means is the liberty to assemble and be there then. In many countries, that couldn't happen. Then, to a rousing round of applause, the Bielohs announced Moondance support of Operation Hometown Proud, inviting people to join his Hometown Proud Army by contributing to send food and other products to the U.S. Army division in Afghanistan in which Walker area resident, and the Bielohs' nephew, Neil Nelson, is serving. The packages include things that most Americans take for granted, but are hard to come by in the war zone - things like box cereals, candies and snacks, other foods, stationary, personal hygiene items and AA batteries. Bieloh set a goal of $10,000 to be raised; by Saturday, about $4,000 of that had been donated, and the following week the first packages were sent. Bieloh said that flags, with poles, would be given to those contributing at least $20 at Moondance; and, as it turned out, many in the crowd could be seen displaying those flags proudly during the remaining 3 days of the fest. Then, Moondancers got a special treat. As they watched slides of local serviceman Neil Nelson on the big Moondance monitor, two military aircraft dispatched by the Air National Guard, out of Duluth, did a fly-over, performing acrobatics and making two passes over the Moondance grounds in honour of Nelson and the seven others from the Walker area currently serving in the War on Terrorism. The fly-over was arranged with the assistance of state representative Larry Howes, U.S. Congressman Vin Weber, and the Pentagon. Operation Hometown Proud was established in Walker on July 4, 2002 by Kelly and Jeanne Nelson to support Neil Nelson's regiment. Said Kelly Nelson, "It started because my son [Neil] was being sent to Afghanistan ... and I wanted to do something to support him and his unit." So Mr. Nelson took the idea to the American Legion, which "adopted" all of Company B. From there, community response has mushroomed. "What's happening is, people in the community have rallied around this ... there's a lot of patriotism," Nelson said. Walker Rotary Club has adopted two squads of soldiers, including Nelson's; First National Bank of Walker adopted two squads, contributing $500; other sponsors include Cass County Health & Human Services, Highway Dept.; and Ah-Gwah-Ching, and about a dozen people have adopted individual soldiers. Write to a Serviceman. To date, most of the money raised has come from Moondance patrons. Nelson stressed that the commodities help the soldiers a lot, and he's also interested in people adopting individual soldiers, with or without monetary contribution, for correspondence with those troops. "That's more important to us than anything else ... it shows the men over there that we're proud of them and we're supporting them," he said. Persons who do contribute $20 or more can pick up a big flag, already mounted on a strong wooden pole (better than the ones you buy), as thanks for their support. Said Nelson, "This started because of my son, but there's about 140 guys over there [in that company] and each of them is somebody's son." Persons, businesses, and groups who want to support Hometown Proud and the American effort overseas either by adopting a squad of servicemen (about 12 to 14) or letting an individual soldier know that his hard work and bravery in fighting to keep America free is appreciated here, are encouraged to contact Kelly and Jeanne Nelson at 218-547-2222. Editor's Note: Your editor is pleased to be a contributor to Hometown Proud. If everyone reading this gives 50 cents, the total would be over $3,000. That pays for a lot of commodities. This is not another Viet Nam (where, regardless of the purpose of the war, our soldiers did a good job too). Here, our shores were invaded and we were attacked. If having American freedom is worth half a buck to you, please use the contribution coupon on page 4 (print edition only). It's less than you'd pay for a cup of coffee, and it's a lot cheaper than replacing buildings. -- Ed. Picture Caption (photos are not included in The Library edition): Moondance producers, Bill and Kathy Bieloh, joined by honour guard from Walker-Akeley-Hackensack schools, salute America and its flag, and announce Hometown Proud, a fund to send support packages to our troops in Afghanistan, as military aircraft dispatched from the Duluth Air National Guard approach the big video monitor and make two passes over the Moondance grounds. ----------------------------------------------------------- Leading Edge Journalism-Follow Up --------------------------------- For original detailed report, see NH of 05/04/02 in this Library volume, post. NEW HELICOPTER FRAUD ALLEGATIONS SURFACE AGAINST BEMIDJI POLICE CHIEF PREECE Hennepin County Attorney's Office Takes Interest Bemidji Police Commission Claims "Didn't Know" BEMIDJI -- New accusations have arisen, from several sources, including those who had direct dealings with Bemidji Police Chief Bruce Preece's Helicopter Flight Inc., operating at the Crystal, Minn., and Moorhead, Minn. airports. To date, however, the 3-person Bemidji Police Civil Service Commission (the board that hires, fires and disciplines police officers in Bemidji) has yet to act, and the 2 commissioners contacted (Palmer Berg and Doug Deblieck - the commission is chaired by Bill Batchelder) denied knowledge of the Chief's alleged business wrongdoings. The matter was widely publicized on the front page of Northern Herald of May 4th, 2002, but as yet, to our knowledge, has not been covered by any other area paper. Many of the papers in North Central Minnesota are owned by a single interest: The Fargo Forum. The matter, however, has drawn the interest of the Hennepin County Attorney (where Crystal, near Minneapolis, is) and persons with information are encouraged to contact Pat Diamond, of the white collar crimes unit, at 612-348-8406. Nature of the beast. Most of the allegations center around sales or lease-backs of helicopters. These are about $300,000 items, but titling and documentation, controlled by FAA, does not appear to be nearly as strict and tight as it is, in Minnesota, for motor vehicles. It is here that Chief Preece seems to have seen opportunity. In early 2002, Preece's Helicopter Flight Inc. (HFI) was a franchisee for the Torrance, Calif. firm of Robinson Helicopters, which custom-builds each bird, until Robinson pulled the franchise for Preece's misdealings with customers. Robinson requires that all manufacturing funds paid by customers be immediately turned over to Robinson; this appears, here, to not have been done. As earlier reported (NH of 05/04/02), in January, 2002, Preece sold a helicopter to Jim Bult, owner of a trucking company near Chicago. Per Bult, Preece requested payment in full (about $320,000), in order to procure rush delivery by February 15th. Bult wired the money. But the representation was intrinsically false - Robinson Helicopters could not have built the bird before April, and, in fact, scheduled it to be released April 5th, notifying Preece accordingly. Of the $320,000. paid to him by Bult, Preece paid Robinson the minimal $25,000 deposit to start manufacturing of Bult's bird. As to what happened to the remaining $295,000, a credible source close to the story said, "He was either using it for personal gain, or to put into his business - pretty much anything other than use it for what the helicopter buyers were assuming it was used for," and that Preece intended, in a kind of ponzi scheme, to use the money from future helicopter sales to cover the old contracts. This scheme, of course, fell apart when Robinson canceled the franchise - there were no future helicopters to sell. April came and went, Bult still didn't have his bird. It was built and sitting at the Robinson hangar awaiting payment. In early May, in interview, Preece said that he had dispatched two pilots to California to pick up and deliver Bult's bird. This also proved false. He may have sent pilots, but as of the following week, Bult still didn't have his bird. He didn't get it until mid-July, when Bult had to pay, a second time, and this time directly to Robinson, the balance owing - another $295,000, approximately. As of late July, Bult said that, in aftermath, Preece offered him a promissory note wherein Preece had agreed to repay the amount, to Bult, by August 11th, and Bult accepted same. It is not presently known whether Preece will perform under the note. Since our first reporting, new, similar, cases, involving apparent financial misdealings by Preece and HFI, have come to light. One of those was with Twin Cities area resident Leonard Busch. Because aircraft are expensive, and generally aren't used every day by the owner, often, aircraft ownership involves an arrangement where the owner allows the aircraft firm at the airport (here, HFI) to rent or lease the aircraft to others, in exchange for a portion of the lease proceeds. Per Busch, in July, 2001, he purchased, through Preece, a used Robinson R-44 helicopter, tendering full payment of about $235,000. Busch bought it with the provision that Preece would resell it (presumably at a profit) within eight weeks; and, should Preece fail to so resell it, Busch would get full title, and $15,000, and any lease payments which accrued from HFI leasing the bird to others. Per Busch, though, Preece failed to resell the bird, failed to pay the $15,000, put 120 hours flight time on the helicopter, and Busch has yet to receive a cent of lease payment. Preece also failed to deliver title to Busch. In February, 2002, Busch demanded title to the $235,000 bird and received it in March. But he also found out that Preece had pledged the bird as collateral for debt with Security Bank USA (managed by John Baer, a relative of former Bemidji attorney Carl Baer), and had encumbered the title with about $150,000 of outstanding debt. Before long, the bank contacted Busch and told him that they wanted the chopper back for the debt, and in approx. May, 2002, Security Bank served papers in a replevin (repossession) action upon Busch. That matter is presently pending trial. Busch noted that the bank lien on the bird wasn't recorded with FAA until after the bird was transferred to Busch. Also pending trial is a suit, by Busch, against Preece for the $15,000 promised, and $16,000 in lease payments due, and for alleged fraud in Preece's mortgaging Busch's helicopter. Busch claims that since buying the helicopter (FAA Reg. No. 144GH) from Preece, he's been contacted by a man from North Dakota, who claimed that he (the ND resident) owned it, having paid Preece for it. Said Busch, "I don't even like to call Bruce Preece because what he says doesn't make any sense - it's seldom truthful." Asked if they would be concerned by the Bemidji Police Chief's apparent lack of integrity in his dealings, the two police commissioners contacted declined to make any substantial statement. The Bemidji Police Commission can be disbanded by action of the City Council, or by petition of 25% of the city's voters (M.S. 419.16). In that event, control (i.e. hiring, firing, discipline of personnel) of the police dept. would revert to the City Manager, who serves at the will of the City Council. ------------------------------------------------------ Upcoming Events BACKUS CORN FEST: 8/9-8/11 At the hub of North Central Minnesota, Backus, it'll be a special Corn Fest as the Backus Centennial is celebrated. There are many activities (see ad, p. 5), and a lot of people come for the corn, which is grown, each year, specially for the fest and is some of the best tasting around! ------------------------------------------------------- JACOBSON FIRE DEPT. FEED Jacobson FD will hold it's BBQ Pork Roast dinner Sat. Aug 24th from 4 to 7 pm. Suggested donation is $8 for adults, $5 for kids under 12, with age 5 and under free. It's at the Jacobson (just SE of Grand Rapids) Fire Hall, at Hwys. 200 & 65. Matching funds (to $400) provided by Warba AAL branch 10024. -------------------------------------------------------------- REMER: 9/11 DAY; HARVEST FEST Remer will hold a special day of remembrance of 9/11/01, on that day this year, starting with the pig roast at 5 pm. Remer's Annual Harvest Fest will be August 9th & 10th, 2002. ---------------------------------------------------------------- NEWMAN CLAIMS CONTINUED HARRASSMENT BY BEMIDJI PD BEMIDJI -- Turtle River resident Tom Newman is a man who believes in standing up for his rights. So he and his family spend a lot of time in Beltrami County courtrooms. His 19-year old son Ryan's court file record reads like a laundry list, with "no convictions on case" annotated to many of the entries. Ryan may not be exactly a saint, but his biggest crime seems to be being at the wrong place at the wrong time - at a place where Bemidji PD can cite him, whether or not he did anything. The latest charge against Ryan (case no. T-02-2684) alleges that on 05/30/02, while at a friend's residence near 6th & Irvine Ave. in Bemidji, he kicked in the door of a truck belonging to one Paul Swan, and then got into the truck and assaulted Swan. The charge stems from a complaint made by Paul Swan at the Bemidji Law Enforcement Center (LEC). Police were not on site at the time of the alleged incident. But in this matter, witness Sarah Steiner said that Ryan didn't kick the door - that she did, because Swan had been (nonconsensually) pawing her friend Melody Matheney in the truck. She said that Ryan was never in the truck and never assaulted Swan. "Paul Swan had Melody Matheny in his truck, and she accused him of trying to do things - touch her, whatever, and ... [they] showed up at Pat Bailey's house, where me, Ryan Newman and a few other friends were. She got dropped off there ... I was friends with Melody, and I used to be good friends with Paul. And everything got out of hand, some people got ... [aggravated] off over the situation - I did - I ended up hitting the truck; ... Paul Swan does not like Ryan Newman, which is why he accused him of doing it." Asked why she kicked the truck, Steiner said, "to just get him to leave; let her get out of the truck and just to leave...." Nonetheless, Steiner said, when she tried to make this statement to Bemidji Police, she was rebuffed by investigating officer D. J. Regas, with no record made. "They did not copy it down ... or anything ... the police tried to tell me ...[that] I didn't know what I was talking about," she said. Steiner said that she gave a written statement to County Attorney Tim Faver, but, per Tom Newman, "He's still prosecuting Ryan." Per Ryan Newman, after Swan left, and without provocation, another acquaintance there, Hank Vold, 18, brandished a box cutter and assaulted Newman. "Hank swung at me with the box cutter. I brought my arm up to block it and he sliced the bottom of my upper arm open. ... I defended myself ... I hit him and he kinda spun around and hit the ground and then he got up again," Ryan Newman said. He said that the others there restrained Vold, who still had the box cutter. When they let go of him, "He took off," Newman said. Newman said that he reported the box cutter incident to investigating officer Regas, at LEC, but was told that there was nothing they could do about it. To date, no charges are known to have been filed against Vold. Ryan's next court appearance is August 13th. ------------------------------------------------------ -- A NORTHERN HERALD BOOK REVIEW -- The book we review this issue is very old. Old enough to be reprinted in several editions and versions; it has been reviewed before by others, still, its significance seems to warrant the ink here. Some view it as a storybook, some, a self-help book, actually, it is both. The teachings of the book are, generally, cumulative. When the reader has mastered one principle, (s)he is ready to go on to the next. Unfortunately, there are no tests in the book; but they occur daily. If one is failing, it becomes self-evident. When one has fully mastered the entire first volume, and their life is 100% perfect under it, there is a second, newer, one to which some may then want to go on. At the very outset of the first volume are the most fundamental principles, necessary, to master all that follows. Although it is very old, it is not the first writing. Over the years, there have been many writings, dating back to sandscrit. Most of these writings, however, have not been preserved - they have been lost to the ages. For a literary work to survive the test of time, its quality and lessons have to be very substantial, it has to be valid, applicable to many, and timeless, that it is worth reprinting and passing on, being read by many in subsequent years. If a work maintains its popularity for 150 years, such as the works of Mark Twain, it is probably highly valid. Great statesmen, though relevant in their time, haven't done as well. The book we review today has been reprinted in virtually every language on the globe, and passed on in every continent. It has been preserved, reread, and remained popular for about 3,000 years. Its relevance is thus proven. Appropriately, the very first chapter of this very proven work defines the most important thing to all societies - the relationship of men and women. It is this relationship which forms the basis of all societies, past and present. In this, the book answers a lot of questions that recur, in one form or another, daily. It answers them in elementary terms that most can understand, and in two simple non-technical principles. It explains to the reader that woman was created as man's helpmate. It also explains the life-shattering devastation that can occur when the woman follows, not the man's guidance, but her own whim guided by questionable sources, to which, created as a woman, and due to her inherent nature, she is susceptible. Again, this chapter alone, the very first chapter of one of the world's oldest, time-proven and surviving literary works, answers many questions that recur today. When the lessons of this very basic chapter are not followed, the results ruin people's lives, marriages, their children's lives, and their businesses and financial livelihoods; as well as being detrimental to society in general. Indeed, today, when these very basic lessons are not followed, it can be very much like having had the Garden of Eden, and having been kicked out of it. The book, as a whole, is essentially a collaboration - the works of many authors, compiled into its two volumes. The first five chapters (known in the volume as the Books of Genesis, through Deuteronomy) of the first volume - were written by the same obscure author, who is known today only as "Moses." Contemporarily, there are some who believe that his work is dated - it was written, after all, about 3,000 years ago. But these beliefs are in error. The work is essentially about people. People have not changed substantially, either by their physical makeup or constitution, since the work was first published. It is still highly relevant, which is why it has withstood the test of time - why it has been preserved, in one edition or another, by readers in all societies, worldwide. Many homes and readers already have a copy of this book, as it has been a major seller on the stands. Those who don't might find it interesting and informative. Unfortunately, we can't tell you the title of the book. That is because, over the years, certain religions have come to use this book in their practices, and, in fact, certain religions have been founded around it. So, although the lessons of the book, itself, as a literary work, are as relevant to atheists as to others, our recommending the book, by name, could be construed, by some, as respecting an establishment of religion. As Northern Herald is used in certain public schools, we can't do that. God has been expelled from the public schools. So totally, that, generally, students and teachers can't even speak his name. This is more than what would be done in the case, say, of a delinquent student who had to be expelled. God must have done something really bad. It is OK to speak of the teachings of Adolf Hitler in the public schools, and to cite him by name, but not God. So, if the book interests you, just go to your local bookseller and ask for the world's oldest and most read book. He'll probably know which one that is. It's also available, free, in many editions, on the net. ----------------------------------------------------------- If You Want Something Done Right, Do It Yourself HOW TO SUE THE BASTARDS The material presented herein is strictly for the sake of stimulating discussion - it is not to be taken to apply to any specific case, nor is it to be taken as legal advice. Not being lawyers, we are not permitted to give legal advice - we can only give the illegal kind. For legal advice, readers should contact an attorney, if they can find, and afford, one. PART 1 - THE SMALL CLAIMS, OR CONCILIATION, COURT Installment 6 - Execution and Appeal. Earlier installments may be found at The Library at northernherald.com Execution of Judgement. Following the trial, the parties will be notified, usually by mail, of the judgement. If the plaintiff prevails in a suit for money damages, they will be awarded, generally with court costs included in the total amount of the judgement. Having the judgement, however, does not automatically mean that the plaintiff will be paid. If the defendant fails to voluntarily remit the amount of the judgement to the plaintiff or to the Court, it is up to the plaintiff to collect the judgement by way of execution of judgement. Simply put, this is where an officer, usually the county sheriff, satisfies the judgement from the assets of the defendant, sometimes holding a sale at auction, and remitting the money, up to the judgement amount, to the plaintiff. Normally, the Sheriff will charge a fee for this, which may have to be prepaid by the party seeking the execution, and which normally will be added to the amount to be collected from the defendant and remitted back to the plaintiff. In Minnesota, a plaintiff generally has ten years in which to collect the judgement. In addition to being executable, the judgement may be reported to various credit bureaus and may affect the defendant's credit. Modes of execution vary by state. Depending upon where the action is brought, common modes may include wage garnishment, bank levy, till tap (at a business), auto or personal property levy, and real estate levy. Minnesota exemptions. In Minnesota, a base amount of wages are exempt from garnishment (having the employer withhold them) - only the part over that may be garnished; but once the earnings have been deposited in a bank, they may become fully subject to bank levy after 20 days from deposit (M.S. 550.143). Generally, all relief based on need (i.e. welfare) is exempt, even if it has been deposited in the bank, as are all of the earnings of the recipient of relief based upon need. Also in Minnesota, a base amount of equity (generally $2,000; M.S. 550.37) in one vehicle is exempt, as is, generally, homesteaded real estate (limitations on the amount of exemption apply, but this usually precludes levy on the home where the defendant, now termed the judgement debtor, lives). There are certain other exemptions which may be found in the law library (Minnesota Statutes Annotated - chapters 510 and 550); and the court clerk or Sheriff may be able to assist in determining which assets are appropriate for execution. In all cases, it is up to the judgement creditor (plaintiff) to locate the assets and instruct the Sheriff as to what is to be executed upon, and where it is. For wage garnishment, the judgement creditor must provide where the judgement debtor works; for bank levy, the name and address of the bank; for personal property, auto or real estate levy, what and where the property is. Discovering the assets of the debtor is often essential to collection - in professional circles, i.e. collection agencies, etc., to avoid wasting time only to receive an uncollectible judgement, suit will often not be commenced unless some executable assets of the debtor are known to exist. In suing a business or rental property owner, this is less of a problem; if suing an individual, it may be more difficult, and some individuals are "judgement-proof." Even if a person, such as a welfare recipient, is judgement-proof now, their circumstances may change within the 10-year life of the judgement, and it may be possible to execute it at that time. Execution procedure. To execute, after the statutory time to appeal the judgement (this will usually be shown in the judgement as a stay) has expired, 1) the judgement must be transcribed to the District Court. The Clerk of Court will do this for a small fee - usually about $7.50 - which will also be added to the judgement. 2) The judgement creditor must procure a Writ of Execution from the Court. Again, this is done through the Court Clerk, generally for a small fee. 3) The judgement creditor takes the Writ of Execution to the Sheriff's Office (civil division) and provides the Sheriff with instructions as to how to execute the judgement (i.e. what type of levy or garnishment, what and where the property is). Appeal. In Minnesota, if either the Plaintiff or Defendant is not satisfied with the judgement, they may appeal it within statutory time, usually shown on the judgement document (stay date). Forms for appeal from Conciliation Court are generally available from the Court Clerk. There is a higher fee for this (about $132.) and if the party appealing the case does not prevail in District Court, the Court may award $50 to the other party as costs. Appealing the case will result in a trial de novo before the District Court. This is a totally new trial, requiring representation of all evidence and argument before the Court, as if the original Conciliation Court trial had never happened. The trial may now be by jury (a higher fee will apply), if requested by either party; and either (or both) party(ies) may now (but is not required to) be represented by an attorney, at their own cost. If one requests a jury, he might also want to have an attorney. He might know some of those people, after all, so he wouldn't want to make too much of a fool of himself. Additional Resources: A very excellent source for direct answers to many questions regarding conciliation court is the Hennepin County Conciliation Court website: http://www.co.hennepin.mn.us/courts/ConcCt/ccmain.htm Although this is posted by the Court at Minneapolis, a lot of the information provided is applicable throughout the state. Fees may vary, somewhat, by county. Editor's Note: This installment concludes Part 1 - Conciliation Courts of this series. Watch for upcoming parts in future issues of Northern Herald. This column, "How to Sue the Bastards," is brought to you by The Firm of C. N. AMBLE, LANCE & CHASE ------------------------------------------ HUGE CROWDS FLOCK TO MOONDANCE 11 with editorial commentary by Adam Steele, Editor WALKER -- It could only happen in America. With an estimated attendance of somewhat over 20,000 people, this year's Moondance Red, White and Blue theme reflected appreciation for that, and for the men who keep America free. American liberty is truly unique. While most equate loss of rights only with third-world, fascist and communist nations, some Americans are alarmed to find that their familiar rights, based upon our unique Constitution, don't exist in most other western civilized nations either. Talk show host Bill Maher was surprised to see his political monologue censored in Britain. Even if an assembly such as Moondance was permitted elsewhere, one might not want to go there, due to security concerns. Here, in America, we're lucky enough to have not only national defense, but law enforcement to protect everyone's right to unfettered equal liberty under the Constitution. When you think about it, that's what law enforcement's job really is - to uphold the Constitution and prevent others from encroaching upon one's Constitutional liberty, particularly the right to be secure in one's person, home and effects. It is only by the coordination of over 200 private employees, deputies, police and other security personnel that everyone can feel comfortable and have a good time at Moondance. But that's what the Bielohs and their staff, with the cooperation of Walker, Cass County and various agencies have done and it worked great, again this year, for the 11th time! All those involved deserve heartfelt thanks! Even though an American city can't legally prevent a gathering such as Moondance, some may not particularly want it to happen for the problems it may bring. Another nearby Northern Minnesota community is known to have it's courts packed with drunk driving cases after its fests, and sometimes there have been reports of violent crimes. Moondance, conversely, is living proof that it is possible, year-after-year, for a huge bunch of people to get together for a few days, being free to enjoy themselves, without causing community problems. And although most attendees are Moondance veterans, every year we interview people at Moondance for the first time, who say they're going to stop going to the other fest and come back here instead because it's simply more fun. The reason may lie in the basic organization and management. Unlike most other fests, which may be run by a disinterested corporation, Moondance is primarily a family operation. Only this year did it become apparent to this reporter how much Kathy Bieloh, who also runs the Moondance Ranch and Adventure Park, has to do with making this happen. Bill Bieloh has long been involved with the Walker community. A grocer and strong supporter of the Walker Fire Department, only two evenings before the Moondance opening, he was volunteering time to coach little-league baseball, which he does on a regular basis. We don't know when they find time to sleep, but somehow they do, and they also find the time to be on the grounds throughout the 4-day fest to organize, meet daily with staff to discuss any problems, put out any "fires" that may arise and, mostly, make sure everyone is having fun! The theme of this year's Moondance was well placed. We must never forget Sept. 11th. It is important to remind ourselves of it from time to time; to show films of it to children too young to remember, much as our generation learned what happened at Pearl Harbor; what can happen if we take our freedom for granted and let down our guard. There are about 6.5 billion people in the world. About 265 million of them are Americans. One's chances of being born an American are about 1 in 24. In this lottery, if you're reading this, you probably won. And this, too, means that there are, in the world, many who don't share our liberty and love for it. There are some who are envious of it; some who hate us for it; and, even here, some who would deny it to others. Eternal vigilance is the price of liberty. (paraphrased from a speech by John Philpot Curran, 1790; Bartlett's Familiar Quotations) Picture Captions (photos are not included in The Library edition): Moondancers gather near the stage to hear Dio, Saturday evening. Grace Lake's Ron Boock sips a cool Tropical Sno-cone at Moondance. Getting Above it All! These Moondance staff members found a shady place to perch - right on top of the privies! Must be good visibility from up there, but we're not sure the atmosphere is as ambient as we'd like for long-term viewing. --------------------------------------------------------------- THE MANY CORNERS OF MOONDANCE Much more than just the main stage, the many nooks and crannies of Moondance have something for just about everyone! (Note: This article was primarily pictoral - photos, however, are not included in The Library edition.) Amusements Ride 'em Cowboy!! For those seeking to have some fun between the sessions of fun, Moondance features many amusements, including the mechanical bull (it's where the bull throws the person, for a change), trampoline, paintball shooting gallery with prizes for sharpshooters, and other games and activities. Photo Caption: Get High at Moondance? Sure! One can be blasted almost into outer space on the Rocket Rush Ejection Seat, by the East Gate. The Shops & Food "Cuban Seed" cigars? Well, they're alright, but Moondancers are used to the real thing. And they found it - real vintage Havanas - at Jim Flesch's Open Water Cigar Shoppe at Moondance. These smokes were from stock purchased pre-embargo, so smoking them is no less American than apple pie. Flesch also featured a special Nicaraguan cigar made exclusively for Moondance 2002 by Perdomo, and they were good! Open Water also served as the jam's Relief Center, with things like aspirin, sunscreen, and last-minute items like batteries. The rest of the year, Flesch runs his cigar and men's gift shop, also known as Open Water, in downtown Walker. Many of the Moondance shops are, like Flesch's, distinctive, often with unique merchandise and stuff that would be hard to find elsewhere. From clothing, to sunglasses, to jewelry, to even tattooing, unusual imports and woodwork, There was plenty of interesting merchandise to peruse between shows. Photo Captions: Jim Flesch lights a customer's cigar and at right, displays his special box of cigars autographed by Styx. You can't jam without food! And a wide variety of foods was available, from Santa Lucia's Mediterranean cuisine (fast and to go, of course) to Minnesota Elk, to brats and dogs, lemonade and Oof-Da tacos. Minnesota Wapiti was run by Scott Salonek, of Dayton, Minn., and featured elk burgers and elk steak sandwiches Kwame Turkson displays his wares, clothing directly imported from Indonesia, at his Moondance store, known simply as Kwame. Turkson sells only at shows and fests. This was his first Moondance. Will he be back next year? "Definitely," he said. The Rhinestone Cowgirl Sue's Mini-Donuts The Talent This year, Moondance hosted over 44 bands, 20 of them on the main stage, and only a few of which can be recounted here. Music ranged from the timeless hits of Gary Puckett, and Paul Revere, to the newer-wave sounds of Dio, and the Scorpions, to the unique presentation of 70's artist Meat Loaf. Other major names included Blondie, Journey, The Little River Band and Styx. (Puckett & Revere interviews: this issue, post) Photo Captions: Gary Puckett on the Main Stage Paul Revere and the Raiders at Moondance 2002 The RiplFX Saloon & Regional Stages Whether one was feeling romantic, like Marty and Chandra, of Breckenridge, Minn., or just feeling mellow like the gentleman at top left (photos in print edition only), the relaxed environment of the Regional Stages in the Budweiser Tent and the RiplFX Saloon could be just the place. Coming to the Saloon to hear the band, Search for George, Marty said the environment was "Excellent!" with its own dance floor, a place to sit down, and "plenty of room for everybody." Joe Whitman, of Underwood, Minn., said of Moondance, "Love It! It's a ...[heck] of a lot better than We Fest!" Photo Captions: The Benders entertain in the Budweiser Tent Dancing to Search For George on the Regional Stage in the RiplFX Saloon. There was almost continuous entertainment by24 different bands on the two Regional Stages Budweiser's Beer School Almost like a tour of the brewery, but on a smaller, portable scale, Moondancers could come here for a very informative 35-minute classroom-style presentation, and come away knowing not just how beer is made, but what makes the taste of different beers distinctive, and how best to serve it (no, one shouldn't tip the glass - the trapped carbonation gives it a bitter taste - it's better poured straight up with a big head, releasing the CO2 ). The presentation, before a 3-D model of the brewery included video, an interactive seminar and sampling so that students could taste the things that affect beer. The yeast used by Budweiser is descended from the original yeast used by founder, Adolphus Busch. -------------------------------------------------------- Moondance Talent - Interviews: GARY PUCKETT Opening Moondance's first day, Wednesday, July 10th, Gary Puckett, formerly of Gary Puckett and the Union Gap, pleased the immense audience with many of his classic hits, including Young Girl, There's Just No Getting Over You, Will Power and many others. Mid-set, Puckett performed Larry Collins's and Mac Davis's Home, dedicating it as a special tune to honor the veterans of the United States military. "It's because of you that freedom lives," said Puckett from the stage. In interview, Puckett said that after the hits of the Union Gap, "throughout the 70s, I really didn't work publicly; I studied dance, I studied music ... I did a lot of writing ... got into some film stuff and things like that." He said that, when, in the 80s, "all the radio stations started to play all the music of our era, I found myself, finally, out on a Happy Together tour in '84," with the Turtles, The Association, and other major musicians. Several more major tours ensued, "And [since] just been traveling a lot and doing our thing ... doing some CD work - I did an album [entitled 'In Europe'] in Germany not too long ago ... we've got the Live CD, we're, you know, just working on stuff, so, life has become a good one." Of the old Union Gap, Puckett said, "they went on to do their own careers," mostly in music; one, a teacher, now directs an academic institution's music department. Exciting on his current horizon, Puckett said, "We're working on a new CD project, ... we've got some neat things in the plans ... doing some symphony dates - those are always great; working [in] the corporate world ... sometimes, I think the most exciting thing is going home again ... I live in Florida so we have alligators and egrets and storks in our back yard." Concluding the interview, Puckett, who hails from Hibbing, Minnesota, said, to fans, "Just keep love in your hearts. I'm glad to be a Minnesota boy; I would hope to see you guys soon in the future, and I thank you for all the support over the years, because without you, where would I be?" Puckett's current tour schedule can be found at garypuckettmusic.com Photo Caption (photos are not included in The Library edition.): Gary Puckett autographs CDs at Moondance PAUL REVERE With a record-setting turnout for the opening day acts, Paul Revere and The Raiders performed a particularly spirited set at Moondance, Wednesday, July 10th. They played their classic hits, such as "We Gotta Get Out Of This Place" and new material, on a variety of instruments including conga drums, and Paul's trademark keyboard made to look like a Ford Mustang front end. In addition to their excellent distinctive sound, Revere and the Raiders delighted the audience with a variety of choreographed on-stage antics and dancing. True to his name, Paul Revere is, above all, an American patriot. After the show, he explained that his band is on the road about 200-250 days out of each year. For the last two years, Revere has been promoting, at each show and "anywhere that I can," their new album entitled Ride To The Wall, dedicated to Vietnam Veterans, with all of the net proceeds from the album going to the Ride to the Wall Foundation (ridetothewall.org) to help veterans of all wars. Said Revere, "If you know a Vietnam vet, give him a hug, welcome him home - you might be the first one to do that; 'cause they did not get a welcome when they came home." "Not only do we sell the ... CD, we also ride [motorcycles] to the Wall every year, ... from the west coast to the east coast and we join up with Rolling Thunder ... [which has] been going to Washington D.C. every Memorial Day weekend for the last 15 years to bring attention to the POW/MIA issue," he said, adding that there are still over 2,000 unaccounted for from Vietnam alone. At the Vietnam Wall, they perform a free concert , "this year we had 400,000 motorcyclists - we filled the Pentagon parking lot...," Revere said, "People give me names... to get a rubbing [from the Wall]... or ...[something to leave] in front of somebody's name. There's a lot of vets that haven't been able to bring themselves to go there, ... especially those that have had close friends whose name is on that wall." Fans can check upcoming performances, or buy a personally autographed CD, at paulrevereandtheraiders.com Photo Captions (photos are not included in The Library edition.): Paul Revere wears a vest emblazoned with the pins, military medals, and other keepsakes that are en route to the Vietnam Wall. People all over the country have given him these items to deposit there on his annual ride. Revere's Rolling Thunder vest Photo Caption (photos are not included in The Library edition.): MEAT LOAF's rough language and surly manner on stage was just part of his shtick, but from comments afterward, a lot of the audience didn't take it that way. ----------------------------------------------------------------- Photo Caption (photos are not included in The Library edition.): THE NORTH CAMPGROUND! Some of the best camping at Moondance is to be found in the newly expanded north campground. If one gets their site early, they can camp in the best rustic forest environs near the heavily wooded road and pond. *Ray, from Merrifield, Minn., flies colours on his new Indian motorcycle. *Camp chef "Grubby", whips up vittles for friends Brian Nelson, Badger, Mialee Selen and Gary Joyce, Roseau, and Mark Butler, Salol, MN, at their tiki-light decorated sites. Said Joyce, for whom this was his 3rd year at Moondance, "It's awesome, this experience - the whole atmosphere - it's so relaxing and it's just everybody being friendly and casual and enjoying the music." *Trevor Larson, Nisswa, Dace and Tracy Juilfs, Baxter, Sharon Hagen, Amy Spartz, Wadena. *Vickie, of Wahpeton, at the umbrella-tented site, liked Styx best. She's joined by Patrick Ray, Keith, Nancy and Paul, Fergus Falls. Paul has been coming to Moondance for six years now. *At the roof party, from Mahnomen, Bagley, and Canada are Christy, Bunny, Tyler, Connie, Bellange and Matt. *The Baudette Whisky Pigs' site. *Marsha Sjolie, Fergus Falls, Carey Thompson, Wapeton, ND, Monica Perleberg, Jamestown, ND, and Scott and Kim Eggum, Fergus Falls. Said Scott, of his 4 days at Moondance, "It was awesome!" His favorite band? Indigenous. Coming back next year? "Absolutely!" *Trevor Larson putts at his site's private golf course. ------------------------------------------------------------ -- A Northern Herald Restaurant Review -- BRUNCH AT CHARLIES! * * * * (Charlie's is rated four-star. They are hospitable both to those who smoke & those who don't.) A great way to start the Moondance morning was with brunch at Charlie's restaurant, just down the road at the Y of Hwy 371 & 200. The brunch was available through the fest, and was so well received that Charlie is continuing it every Sunday morning from 8 to noon. Here, you could fix your own Bloody Mary, and enjoy all-you-can-eat of eggs, with or without a generous lacing of fresh cheddar, hot cakes, french toast, lots of bacon and link sausage, ham, hash browns, biscuits and gravy, toast and a variety of fresh fruit. --------------------------------------------------------------- ------------------------------------- ISSUE OF 06/01/2002 - VOLUME 7 NO. 8 ------------------------------------- Leading Edge Journalism ----------------------- LONG WAITS IN HOT SWEATY CARS GREET TRAVELERS TO BEMIDJI THIS SUMMER City of Bemidji, Thorson, MNDOT Snarl City Traffic BEMIDJI -- One of the largest ill-conceived road atrocities to have happened in Northern Minnesota is now underway, and will be through 2004, at Bemidji. Simply put, this project will spend millions of dollars of public funds for the dubious purpose of converting six of the city's busiest North-South artery lanes, to only four. And those four will further inconvenience shoppers as they'll be only one-way, with superfluous, obstructive and costly curb bulges, and no parking, but with very fancy light posts. This is clearly the most ludicrous, and ghastly expensive (your tax $$s, of course) thing that Bemidji has ever done. It far outstrips when, a few years back, Bemidji spent over a million dollars to tear out the long-standing rustic and distinctive log-sided tourist center, to replace it with something that looks like a convenience store, displacing the historical society in the process. The new road is part of an apparent Bemidji City agenda to make travel more difficult, with less parking; to destroy, as much as possible, the country rusticity of the town; to reduce affordable housing (mostly by tearing it down); to reduce conveniences to visitors, as well as residents (e.g. US West - the ones that work - public pay phones used to be everywhere in Bemidji, now they're practically nowhere); all in all making Bemidji a more hostile place to visitors or people planning to move here, and a less convenient place for residents. The only real beneficiaries of the current road destruction, with it's behemoth price tag, is the Thorson Construction Co., which has long been reputed to be in bed, so to speak, with the Bemidji Mayor, Council, and administration. And as it happens, for the next 3 years, MNDOT will have fun with the traffic, as they seem to have done everything possible to stop, slow and impede it. Tourists, this will be an interesting summer! The project will take the busiest 4 lane, 2-way thoroughfare in town, Bemidji Avenue, also confusingly known as Paul Bunyan Drive; and the also the parallel Midway Drive, which until last year was two wide lanes, also two-way, that many people used as a quick route to downtown, thus reducing traffic on Bemidji Ave.; and convert these six total north-south lanes into two narrow "corridors," each two lanes, one-way, for a total of four north-south lanes. Due to geography, the south side of Bemidji consists of a narrow strip of land (see map) between Lake Bemidji and Lake Irving. The two arteries, Bemidji Ave. and Midway Drive, as well as Gemmel Ave. (a 2 block residential street) share this strip with a row of businesses and the railroad tracks. It is due to this positioning that there's no other direct route from downtown Bemidji to the south side, and why Bemidji Ave. is already crowded at rush hours; the loss of two lanes of travel will make it more so. And in the interim, construction (or should we say destruction?) zone closures of lanes have produced lines of stopped southbound traffic sometimes extending from 1st St. almost to the Mississippi River bridge, with similar delays on the northbound side. The only logical detour around this mess - for traffic en route to or from Washington Ave. and Hwy 71 south - was to use Gemmel Ave. and the short dirt road extending from it. To further obfuscate traffic, though, The City of Bemidji and Thorson Co. (the road contractor) blockaded that dirt road at the start of this year's work forcing all of the traffic onto Bemidji Ave. at the 1st St. destruction site, and resulting in the traffic jams. In addition to the slowdown at 1st and Bemidji Ave., there is also a bottleneck by the Mississippi bridge, from about 2nd & Bemidji, where destruction is also under way. Bemidji City Manager, Phil Shealy, said that these traffic tieups will continue through the project period, into 2004, and that they will get worse. MNDOT District Director, Wes Gjovik, said that Thorson crews were working on half of Bemidji Ave. at a time, and that traffic at the 1st & Bemidji Ave. site would continue to be delayed "most of the summer." He said that in 2003 & 2004, work would be done on other nearby parts of the project, but he anticipated that traffic impediment would be less than this year. He said that the decision to blockade the road leading from Gemmel Ave. was "strictly a City [of Bemidji] decision." Finally, Gjovik said, regarding motorist's dilemmas, "We would encourage people to ... use the bypass to get around, unless you live in that area. If you don't need to go in that area, best to stay away from it, and make sure ...[to] watch for signs, watch for workers, drive appropriately." Editor's Note: It is not anticipated that publicizing of the massive destruction that road mismanagement has brought to Bemidji will bring any change - the project has gone too far - now we can just watch the waste, for the next 3 years. We print this mainly for proactive benefit. That other po-dunk towns may realize what havoc sweetheart municipal relations with construction companies, willingness of the taxpayers to let their money go for naught, a corrupt* mayor and council, and too-easy availability of grants and funding can wreak. * our opinion Photo & Illustration captions (photos and illustrations are not included in The Library edition): Mixed up priorities - Gemmel Avenue would have been the only logical detour, during the destruction at 1st & Bemidji Ave., to siphon off the many motorists to or from Washington Ave. south., thus reducing delays and traffic through the destruction zone. Locals, in fact, have used the dirt road at the end of Gemmel (at its cul-de-sac) as a shortcut to Washington Ave. for years. Many motorists trying to avoid the long delay on Bemidji Ave. come down Gemmel, turn around and come back again, as they're surprised to discover the blockade that Thorson Co. and the City of Bemidji placed on Gemmel at the start of this year's destruction. The reason? City Manager Phil Shealy said that the blockade was placed because a few residents with children had complained that cars were using the street. (We had always thought of this as population control - anyway, with a park right on the block, if safety was a concern, one would think they'd tell their kids not to play in the street, which has historically been primarily for vehicular traffic, rather than to inconvenience all of Bemidji and its visitors. -- Ed.) MNDOT officials have suggested that city traffic detour using the bypass; notwithstanding that this would add many miles to what would routinely be a quick trip across town. Curb bulges. These costly items which serve no purpose whatsoever, other than to confuse traffic, narrow the driving area, and occasionally brush someone's tires, were installed last year on Bemidji's Midway Drive as part of the 3-year destruction project. The only purpose they might serve would be to define a parking lane; but as is apparent, as a further inconvenience to motorists and visitors to Bemidji, parking has now been eliminated along the full length of the street. Prior to last year, Midway Drive was a wide, straight, adequately lit and very useful street, with parking on both sides, and still more than adequate width for two-way travel. Aside from seasonal potholes, there was nothing wrong with it. Many used it, instead of the busier Bemidji Ave., as a fast route to or from downtown with easy left turns. The project removed the old street lights, installing the new, more ornate fixtures (these are incredibly expensive) again without need or apparent substantial purpose. Making a mess of the Mississippi. 3 high cranes augment the flow - of public cash into someone's pocket. Two one-way bridges will replace the present, adequate and sturdy, 4-lane bridge, which, of course, will be torn down. This inlet used to be a favorite fishing dock. HOW TO AVOID THE BEMIDJI MESS. Vacationers camping at beautiful Lake Lomond in Bagley; or staying at Lake George, Emmaville and Park Rapids, all proximate to Itasca State Park; at Cass Lake; or on the lakes of Akeley and Nevis, and of course, Walker - the primo vacationer's delight, right on the many bays of Leech Lake, may have cause to wonder, "so how do we go to Wal-Mart without getting caught in the Bemidji mess"? It's easy! Just take the 2 & 71 bypass around Bemidji, jump off at the Hwy 71 exit on the north side of town, do your shopping, and jump right back on to go back to your home away from home in any of these fine lake resort communities! ------------------------------------------------ BLACKDUCK, U.S. 71, DETOURED TOO Travelers to points north on U.S. 71 will find that road closed from Turtle River to Blackduck, with a circuitous detour, and should plan on at least an extra 1/2 hour for that, otherwise, 15 mile stretch. Wes Gjovik, MNDOT District Director said that the work was to have been completed, by Thorson Co., within 30 days from starting, but has fallen to delay and the completion date is uncertain. Illustration captions (illustrations are not included in The Library edition): AVOIDING THE DETOURS. MNDOT has a surprise in store for travelers on U.S. 71 headed to Blackduck and points north, including Funkley and International Falls. But they can avoid some grief by taking the scenic Co. Rd. 39, which runs north from 2, just east of Cass Lake. ------------------------------------------------------ DAHL, LOSH, FACE OFF IN LEECH LAKE RBC DISTRICT 2, TUESDAY, JUNE 11TH BENA -- Leech Lake voters will go to the polls June 11th to decide several offices, including the Reservation Business Committee (RBC, sometimes known as RTC) seat for the 2nd District which encompasses the central part of the reservation, including Bena, Federal Dam, Sugar Point, Smokey Point and Kego Lake. The seat has a four-year term. This election pits Cara Dahl, a resident of Bena, presently an accountant for the Leech Lake Band of Ojibwe, at Band Headquarters at Cass Lake, against incumbent Lyman "Dee Dee" Losh. Despite several attempts, Losh could not be contacted for interview. Cara Dahl, who has worked for the Leech Lake Band for 18 years, emphasizes in her campaign the issues of job training, quality education, health care and elder care. She respects traditional wisdom, writing, "During a time of many tragedies in this world, what better time to bring back values placed upon us by our parents and grandparents." Dahl has been married for 7 years to Bruce Dahl. She is the daughter of Leech Laker, Carol White and Ervin Sargent, a White Earth enrollee. Dahl's grandmother and great-grandfather were from the Sugar Point-Federal Dam area. In interview, Dahl said, "I want to be a voice for the people. I want to stand up and bring things back to District 2. Currently, we have no ENP (Elderly Nutrition Program) people who are working 5 days a week." Dahl spoke of the need for a medical clinic or facility in the Sugar Point area, "we have the Kego Lake/Smokey Point area that is extremely far from the hospital here in Cass Lake. We need more over in that area for medical ... elder[s] ... youth.... In my eyes, we're being ignored [in those places]." She said that for youth from Kego Lake to go to a movie, or to a gym for basketball, it might involve an hour to hour and a half round trip. As regards athletics, such as basketball, "there's nothing in District 2 for this type of activity," she said, "It's a good thing that we do have youth groups on the Leech Lake reservation, but they're not servicing all the children." Dahl said that economic development presently focused on 3 major businesses in Cass Lake and Walker and that she'd like to see something in District 2, possibly at Bena. "Even if it is a ... day care ... that's going to generate dollars" as well as convenience for area working parents. Dahl believes that those who farm wild rice for a living should be eligible for the same crop insurance and disaster relief as other farmers, and would be willing to lobby at St. Paul for this. Dahl said "In the last ... four years, (Losh's term) I haven't seen anything thrive in the District 2 area." ---------------------------------------------------- THIS IS A 7-WEEK ISSUE Here at Northern Herald we are very old. We do everything the young whippersnappers do, we just do it slower ... and better. Upcoming is the midwest's greatest annual musical event - Moondance 2002. In order to properly cover and bring you news of this outstanding blowout, the next issue of Northern Herald will be July 20, 2002. ----------------------------------------------------- BAGLEY TO HOST HIGH PLAINS RENDEZVOUS JUNE 22-23 BLAINE -- High Plains Rendezvous, a trip back to the days of pre-1840 plains fur trade, will visit the Bagley area June 22nd & 23rd. Hours are 9-5 and admission is free. The Rendezvous site is 4 miles S of Bagley on Hwy 92. Demonstrations will include hawk & knife throwing, and muzzleloader shooting. --------------------------------------------------------- MISCONDUCT CHARGE AGAINST NEVIS MAYOR DISMISSED BEMIDJI -- The potentially office-threatening charge of Misconduct of a Public Official (MPO) (Hubbard Co. case no. K2-01-914) against Nevis Mayor Phillip Harris was dismissed May 21st, 2002 before the Honourable Judge Benshoof, at Bemidji. Many allegations, by Nevis city staff politically opposed to the Mayor, and contributing to the charge, had been previously found by Judge Benshoof to be without merit, and the case rested, at this point, on whether Harris's displaying his finger to a contemptuous city employee, at a council meeting, rose to the level of the gross misdemeanor charged. A display of the wrong finger is usually charged as simple disorderly conduct, if at all, but former Nevis City Attorney John Masog, who had advised the Nevis City Council last fall to take unlawful action usurping the Mayor's powers, filed the more severe, although possibly unfounded, gross misdemeanor MPO charge, for conviction of which the Mayor might have been removed from office. Former defense attorney Darrell Carter, of Bemidji, acting as public defender, rather than to vigourously defend the Mayor against the questionable charge, had suggested, to Harris, that he resign to quell the controversy. It was then that Harris fired Carter. The dismissal was by agreement between Harris's attorney, legal scholar and author John Remington Graham, and the prosecutor, Mark Hanson, who is the Wadena City Attorney, handling this case due to conflict of interest by former prosecutor John Masog, who was, earlier, removed from the case. The agreement to dismiss came moments before Graham was to have argued for a court-ordered dismissal. As part of the agreement, Harris pled guilty to the lesser offense of Disorderly Conduct and was sentenced to pay $243 as fines and costs, with 30 days jail time stayed. Said Graham, after the hearing, "This case was never more than a simple matter of Disorderly Conduct at worst; and if it had been a normal case would never ... [have been charged as more than that]. But they [Masog and the Nevis Council and Administrator] tried to frame it into a larger statute that raised very serious Constitutional questions; and was going to become the basis of removing the Mayor from office, and all of which was based on political motives that were quite transparent." Harris has claimed from the start that the display of his finger, given the heated context of the situation, was a lawful expression, but Graham said, "It would have been a rather heated and unpleasant trial, and it will be a lot cheaper to dispose of it this way, ... a small fine and the matter will be done...." Harris said that he was satisfied with the outcome of the long matter which can no longer distract from his mayoral duties on behalf of the people of Nevis who elected him, "Yes, it's over and done with and I'll settle for that." (For earlier detailed reporting on this matter, including the Attorney General's action against the Nevis Council, and the State Auditor's Audit Report re: Nevis; see NH, Vol. 7, Nos. 2, 3, 4, 5, 6 & 7, below, on this Library web page.) Photo captions (photos are not included in The Library edition): Nevis Mayor, the Honourable Phillip Harris, left, with attorney John Remington Graham, emerge from the Beltrami County Courthouse after dismissal of charge, May 21, 2002. ------------------------------------------------------------ Leading Edge Journalism - Follow Up ----------------------------------- STATE APPEALS COURT WON'T REOPEN GAST DEATH ST. PAUL -- The Minnesota Appeals Court, on May 21, 2002, refused to reopen investigation into the 1992 death of Brainerd law enforcement drug informant William "Blue" Gast, which many citizens believe was erroneously termed a suicide. Gast had provided information to (then) Crow Wing County Attorney John Remington Graham detailing the trail of cocaine through north central Minnesota. (See Snow Not Just Outside, in the Living on the Edge section at northernherald.com) In an unpublished opinion, on May 21, 2002, by Judge Peterson, writing for Judges Halbrooks, Peterson and Huspeni, In the Matter of the Death of William Gast, Sr. (appellate case no. C4-01-1814), the Minnesota Court of Appeals affirmed a ruling of the Crow Wing County District Court which ruling denied a petition, brought by members of an ad hoc citizens committee, represented by attorney John Remington Graham, requesting the appointment of a special prosecutor to bring the evidence surrounding the death before a grand jury to determine if the death may have, in fact, been homicide, and indict accordingly. Graham has maintained that Crow Wing County law enforcement, investigating the death, in 1992, immediately classed it as a suicide to prevent investigation and cover up the actual details of the informant's death, possibly to protect persons connected to the drug trade, and Graham asserted, before the Appeals Court, that it would have been physically impossible for Gast to have committed suicide with the weapon found, producing the head wound observed. But the Appeals Court concluded that the Petitioners "did not make the strong showing required for the appointment of a special prosecutor," and affirmed the lower court decision denying the petition. For further details on this matter, see "Graham Asks State Appeals Court to Reopen Gast Death at Brainerd," NH of 03/23/02, at northernherald.com --------------------------------------------------------------- GRAHAM TAKES WOMEN'S SHELTER DISCRIMINATION SUIT TO FEDERAL APPEALS COURT ST. PAUL -- Noted Minnesota Attorney John Remington Graham appeared May 13th, 2002, to argue a landmark case, dealing with equal protection issues, before the 8th Circuit United States Court of Appeals, the Honourable Judges Wollman, Gibson and Bright, sitting at St. Paul. If successful, the suit could strip all public monies from women's shelters, or at least require that similar monies be put to men's shelters, or organizations that benefit both genders without discrimination. Previously reported events have shown that some of the women's shelters have assisted cases against men involving perjury, and sometimes have even aided kidnapping (See past articles under The Women's Shelters... in the Living on the Edge section, at northernherald.com). Simply put, the suit, entitled Scott Booth, [et al.] vs. Sheryl Ramstad Hvass, [et al.] (federal District Court no. 00-CV-1672 MJD/JGL) claims the obvious - that the misnamed Minnesota Battered Women's Act, which funnels public money to women's, but not men's shelters and legal advocacy organizations, putting men who cannot afford an attorney at a legal disadvantage, patently violates the equal protection clause of 14th Amendment to the U.S. Constitution. (For further details, see Men File Anti-Shelter Suit, NH of 08/16/00, in The Library at northernherald.com) There is little question that the premise of the suit is valid. It seeks to stop payment of public funds to four state agencies, for gender-biased purposes. The problem encountered at the District Court, requiring this appeal, is the technical legal matter of standing, which deals with the question of who may bring a suit. The District Court opined that, even though it may be unlawful to spend public funds for the discriminatory purpose, a mere taxpayer, whose funds are being spent, does not legally have standing to bring the action. Hence, even though states may pass clearly unconstitutional legislation, taxing and spending money for Constitutionally forbidden purposes, there's nothing a taxpayer, or citizen who is not more directly affected, can do about it. In considering the appeal, at the 40-minute hearing, Judge Bright commented that if taxpayers were allowed to bring suit for all unlawful spending of their money it might "open the door" to a plethora of cases. The Judge acknowledged, though, that that might not be a bad thing. The arguments heard before the Appellate Court, then, dealt not with merits of the suit, but whether or not it may be brought. Afterward, Graham said that if they have standing to sue, the case is won. Before the Court, Graham argued that the Crampton case (a precedent) openly spoke of suing state officers and officers of government, and that the decision of the Court in Flast v. Cohen allows suit by taxpayers to stop an improper appropriation. He said, "It must be shown that the enactment challenged exceeds the statutory limitations on taxing and spending powers, ... we hope that the taxpayer will have standing" in matters of taxing and spending. During his 20-minute allotted time, Graham also raised the precedents of Brown v. Board of Education, and Frontero v. Richardson (411 U.S. 677) which dealt with both taxing and spending, and gender-based discrimination. Opposing the appeal, Asst. Minnesota Attorney General Mark Levin countered that the cases cited dealt with spending, but not taxing. That they all involved direct injury to the Plaintiff, over and above mere taxation; and argued that a taxpayer, per se, doesn't have standing to bring a case based on taxing and spending where there is not direct injury to the Plaintiff as a result; and Levin said that these are political not judicial questions [i.e. if the legislature doesn't choose to follow federal law, the courts shouldn't be able to intervene -- Ed.] Levin said, before the Court, "If every taxpayer could challenge every spending law," that there would be many cases and this would impede the ability of the State to govern. Judge Bright questioned, though, that when the government spends public money in violation of the establishment clause (the First Amendment prohibition of spending public funds for religious purposes), a taxpayer is directly damaged by payment of the taxes - this applies to religion, why not equal protection? Having reserved some of his time for a concluding argument, Graham noted that equal protection as guaranteed by the United States Constitution, is a limitation on taxing and spending powers; that the spending of public dollars for gender-based education has been found in violation of equal protection, and that gender-based public spending on women's shelters is, too. He said that in a taxpayer case, other direct injury need not be shown. Following each of Graham's and Levin's 20-minute presentations, the Court took the matter under advisement, with decision pending. Editor's Note: Mr. Levin left a word out of his statement. The word was "unlawfully." He should have said, "If every taxpayer could challenge every spending law, there would be many cases and this would impede the ability of the State to govern unlawfully." -- Ed. ---------------------------------------------------- PAPER THIEF CHARGED PARK RAPIDS -- Timothy Parker has been charged with Misdemeanor Theft in connection with his apparent theft of stacks of complimentary copies of Northern Herald, marked "one per person." The prosecution is brought by the office of Greg Larson, Hubbard County Attorney. The issue allegedly stolen contained a story about Parker's alleged repeated harassment and intimidation of a neighbor, John Rock. ---------------------------------------------------- At Backus - The Hub of North Central Minnesota! ALUMNI PROM HIGHLIGHTS BACKUS OLD-TIMERS' DAYS BACKUS -- Backus held its annual Old-Timers Days and All-School Reunion May 25th-27th. The event, coordinated by Cloie Smith, of Backus, is a yearly reunion that, in addition to former Backusites, also draws visitors from all parts of the globe. This year's event featured lunches with old-time music, a horseshoe tournament, and, of course, photography of the alumni, by class, at the high school. This is Backus's Centennial Year, and as a special event to crown the annual fest, an alumni Prom was held at the old high school gym - just as many alumni might have remembered it from when they attended their first Prom! Photo captions (photos are not included in The Library edition): Prom hostess Cloie Smith presents Mr. Howe with a homemade wind chime. Susan and David von Doehren (class of '54); and Trudy Sheppard Ufford (homecoming queen of class of '54), and her husband, Dave Ufford (class of '53, at Kelliher). When the audience vote came for prom King & Queen, these couples were tied, so they both got the titles. Theodore Howe, on accordion below at far right, is of the Backus class of '35. He now lives in Minnetonka and came back to play for the prom. Talented on several instruments, Howe, 86, has been a musician for 70 years, and for 14 years has coordinated the Minnesota Accordion Jamboree. He authored the song, "Goose Plucker's Waltz." Below, local volunteer musicians Wayne Pryor, Harold Herboldt, and others entertain for the Prom. ------------------------------------------------------ In Focus NORTHERN ARTISANS (In Focus is primarily a pictoral feature. Photos, however, are not included in The Library edition) Here, in the Northland, arts can take many forms. We have many fine arts organizations; and we also have many accomplished tradesmen and industrial artisans. This issue, we focus on two, who, when one's car breaks down, he can be glad they've mastered their crafts. At Bemidji KILDE'S AUTO & EXHAUST CENTER BEMIDJI -- If you've been to another muffler shop lately, the conversation might have gone like this: Customer: "It's been making a little noise ...." Mechanic: "Yep. Whole system's gotta go." "You mean from the manifold, back ?!!?" "More like starting at the radiator cap." In the exhaust world, a breath of fresh air, so to speak, is found at Kilde's. The best thing about this shop is John Kilde, a master artisan of his trade, whose professional philosophy is simply, "I only fix what needs to be fixed." Kilde is a skilled arc welder, with the equipment for custom pipe bending and fabrication. Some (even major) shops no longer weld at all. Some can't bend or fabricate. That's why your only option, there, may be to buy a long stock section - often more than is really needed - of costly pipe which they then bolt in. Conversely, often, Mr. Kilde can quickly and reasonably manufacture the short length of pipe, splice, or patch to solve the problem; and securely and permanently weld it in. The result is a safe, quiet and legal exhaust, at a fraction of what many other muffler shops may charge. And if one actually does need a new muffler, Kilde's has them at very competitive prices. Kilde's (218-759-9777) is located at 800 Washington Ave., SE, Bemidji, right in the middle of the MNDOT mess. So, when Bemidji's road work tears off your muffler, you'll be right there. Asked how long he'd been in the exhaust business, Kilde only replied, "Too long." We've compared prices - Due to both price and quality of work, Kilde's is a Northern Herald Recommended business. Photo caption (photos are not included in The Library edition): John Kilde's art is pipe bending & fabrication - his medium is metal. AKELEY AUTO IS NEW TO TOWN - BUT NOT OWNER SCOUTON AKELEY -- Since just last year, an inventory of bright and sharp-looking used vehicles, and the office of Akeley Auto Sales, has graced the hillside - just across from Bunyan's - as one comes into Akeley from the east on Highway 34. Only the business is new; it's owner, Warren Scouton, explained that he was "born and raised in this town." Prior to opening the business, which also offers general auto service and a car wash, Scouton worked at the family business, Scouton Excavating at Akeley. Primarily a mechanic himself, in a small city where one would expect to see past customers on a daily basis, Scouton explained how he ensures quality control of his stock, "I've hand-selected all cars on the lot, personally; ... if I felt ... [there was] ...anything wrong with them, they wouldn't be here. "Where [at] other dealerships, a lot of the sales people wouldn't haven't even sat in the [driver's] seat before, ... I took time to pick 'em out [for] ...quality and value." Due to his mechanical knowledge, Scouton may be harder to please than the ultimate customer. He said that if a prospective car isn't "good enough for me, it's not good enough for anyone else." He said that he wants to give his customers, "A good ride and something ... reliable ... that they're going be happy with and safe... and then we can take care of them after the sale, also, with oil changes and tires - they know they can come back here and get a fair deal." Photo caption (photos are not included in The Library edition): Warren Scouton, in a service bay ------------------------------------------------------ MOONDANCE 2002 TO FEATURE NEW ATTRACTIONS WALKER -- In what promises to be the biggest and best Moondance ever, now in it's eleventh year, July 10th-13th, Moondancers will find several new attractions, in addition to continued easy access, and the safe and secure environment for which Moondance is known. It's not easy to host over 15,000 people a day and still maintain a clean and tidy site where everyone can be comfortable and have fun, but with no one intruding on the enjoyment of another. But that's just what Bill and Kathy Bieloh, Moondance producers, with the help of right-hand man, Mark Ricci, have done. It's more than just the music. They've made it a place where a person might come for a particular act - and afterward, just wants to stay - it's that good. It's the reason that more and more people, such as those interviewed at last year's blowout Moondance 10, said that they used to go to another fest, but now they're going to come here (Moondance) instead. Said Ricci, in interview, the level of comfort and safety is maintained by over 200 Moondance workers, including private help and Cass Co. law enforcement. This year, Moondancers can also watch for the citizen-based Cass Co. Mounted Posse, helping coordinate traffic on the roads and parking lots with the high visibility that only a horse affords. Still, the people who maintain safety are not intrusive - one usually doesn't know they're there, unless he needs assistance or directions. Ricci explained that, largely, the crowd polices itself. Said Ricci, "... our security isn't obtrusive - it's probably because our clientele isn't of that manner.... Basically, the environment lends a more relaxed security situation to the consumer - to the event-goer - but it's still top of my priority...." And unlike some other fests, producers Bill and Kathy Bieloh, who won't tolerate underage drinking, drugs or intrusion on another person, are always on premises to make sure that everybody can have fun. It's this personal involvement that probably makes a big difference. For improved accessibility and convenience to Moondancers, Ricci said that they've added more lights to the roads and front parking area, better walking paths, and as some of the Moondance campgrounds are sold out even before January, "they've created at least four or five hundred new sites." The new sites are rustic, wooded and by a pond, with a forest camping feel which, for many, is the best camping there. For those who park in remote lots, highly efficient shuttle service will run into the small hours of the morning - as late as these are people coming and going. In many cases, a person can shuttle from the remote lot, where an empty bus is often waiting while another fills, about as fast as walking to the gate from the main lot. New this year will be wine, by the glass, at all serving stations, a Bud School, which is like a miniature brewery tour with exhibits demonstrating how Budweiser is brewed, with sampling - like at the brewery; and the House of Jack which will feature, not only traditional Jack Daniels products, but also wine tasting from their Brown-Foreman wine division, which also produces Korbel brandy. Each morning, the Moondance Jam Saloon will feature bloody marys, by T.G. I. Fridays. The beverage tent and regional band stage has been enlarged and set in the middle of the concession area for easier accessibility, and so the sounds of the bands may be enjoyed while visiting the vendors. The VIP tent, which includes meals, will run 4 days, instead of 3, and the whole fest will get under way earlier, making Wednesday a full day from about noon. Campers may begin set-up Wednesday morning at 9 am. Moondance will feature its traditional amusements, and "You will see more things to do," Ricci said, who summarized by recommending, "What I noticed last year is, people really need to pace themselves..." there's so much to do, much more than many people expect, that one can get worn out from the fun before the 4-day event is over. "They get so active and so excited [the first days]... so pace yourself ... it's getting enough sleep, make sure you're eatin' a couple meals a day, not living like a wild person ... we need everybody excited all week long!" Photo caption (photos are not included in The Library edition): Byrds Celebration lead, Scott Nienhaus, at Moondance 2001 ----------------------------------------------------- If You Want Something Done Right, Do It Yourself HOW TO SUE THE BASTARDS The material presented herein is strictly for the sake of stimulating discussion - it is not to be taken to apply to any specific case, nor is it to be taken as legal advice. Not being lawyers, we are not permitted to give legal advice - we can only give the illegal kind. For legal advice, readers should contact an attorney, if they can find, and afford, one. PART 1 THE SMALL CLAIMS, OR CONCILIATION, COURT Earlier installments may be found on this Library page, post. Installment 5 - Trial & Judgement. On the assigned court date and time, it is important for the Plaintiff to be punctual. To be sure, he should be there at least 15 minutes before. Failure to be on time can result in dismissal of the action. The Plaintiff should, by this time, have all of the evidence he will need (including subpoenaed witnesses - see earlier installments) to prove his case. Generally, at trial, the judge will simply hear from both the Plaintiff and the Defendant, and will ask any witnesses to state what they know of the matter. Cross-examination (the questioning of one party or witness by the other party) generally is not done in conciliation court, as parties are not expected to be familiar with the rules of cross-examination, but some courts may, in some cases, permit it. After all of the evidence is heard, the Court will make its decision. Unlike on TV, usually, the Court will not announce it at the trial. The judge may need some time to consider all of the evidence, and do some research on its own. Generally, after the evidence is presented, the Court takes the matter under submission (advisement), and notifies the parties by mail of the judgement. If there is an award, the party receiving same has the responsibility of execution of the judgement in order to be paid, if the adverse party does not pay voluntarily. Some credit reporting agencies may pick up the judgement and carry it on the judgement debtor's credit report. In any event (in Minnesota), either party may appeal the judgement. See future installments for execution and appeal procedure. (Part 1 - Conciliation Court - of this series continues with Execution of Judgement, next issue) This column, How To Sue The Bastards, is brought to you by the firm of C. N. Amble, Lance & Chase --------------------------------------------------------- ADVERTISEMENT ------------- ISSUES IN 2002 1. STATE BUDGET. Budget cuts have to begin at the top, with legislative, Governor's and administrative salaries. Then the state will be in a position to ask other state employees and agencies to relax their ridiculous demands. As to the threatened state worker's strike, I would have just fired them all, saved some money and found some other people who wanted to work for what currently is a far more than reasonable wage. 2. MNDOT needs to be shut down, for now. Plain and simple. Some of the construction detours and effects this summer are ludicrous and dangerous. It is as if MNDOT plans its road work without giving a thought to what it will do to existing traffic. It's time for a road work moratorium until MNDOT can find a way to improve the roads without undue intrusion upon traffic flow. We'll save some $$$s here too! 3. TAX. There are far too many tax breaks for people with small kids. Thousands of dollars per return. This increases everyone else's tax, including seniors, singles and couples without small children. It is not the job of government and taxpayers to subsidize breeding. I would eliminate the misnamed Minnesota Working Family Credit, which benefits unmarried parents, and also eliminate the Minnesota state income tax on Social Security. 4. RIGHT TO ABORTION. For the first time in 25 years, the makeup of the federal government poses a threat to Roe vs. Wade. Voters can count on me to support, right down the line, this historic decision guaranteeing the right of people to the privacy to govern their own bodies and lives. I oppose any effort to erode private abortion rights, including subterfuges like mandatory waiting periods, etc. Further, State and federal medical assistance plans must include abortion, like any other medical service. Anything else would be discriminatory. And as concerns teenage and other unmarried tramping, well, it's a lot cheaper than welfare. 5. WELFARE. Mostly, needs to be turned off like a light switch. Welfare has converted what used to be the entry-level working class to the non-working welfare class. The thing that will most boost the Minnesota economy is getting Minnesotans back to work. I support the federal 5-year limit (which is too lenient, anyway) and support work compliance monitoring - coordinating employer reporting of those who refuse to work, so their benefits can be properly terminated. 6. SCHOOL LEVY REFERENDUMS should be voted at the General Election when everyone votes, not on some mid-winter special election date that school officials choose to prevent many taxpayers from voting. 7. UNICAMERAL should be put to a vote of the people. 8. PRESENT HOMEOWNERS AND LANDOWNERS RIGHTS supercede the interests of incoming land developers. The practice, by municipalities, of taking land by eminent domain, not for public purposes, but to turn over to other private developers, is poor public policy and runs counter to American notions of property ownership. I will support a Minnesota Constitutional Amendment prohibiting this. 9. CONSUMER PROTECTION - PRICE SCANNERS. Each year, negligent or unscrupulous businesses overcharge customers, in the millions of dollars aggregate, by misscanning prices at the cash register. This is theft, plain and simple. If the customer shoplifted the same amount as the individual misscan, hed go to jail. Scanners are for the convenience of the merchant, who has a responsibility to then see that the posted prices are charged. I support legislation requiring that, in the event of a misscan, 100 times the amount of error be credited to the customer. This would make stores very careful to not steal from their customers. 10. JUSTICE - POLYGRAPH EVIDENCE should be permitted in criminal trials. Its not perfect, but neither is the testimony of witnesses, particularly in a he-said, she-said type of trial. The jury should be able to see the polygraph results. There are too many innocent men in prison due to false and perjured testimony. 11. SMOKING - Its time for a Smokers Bill of Rights. Smokers are now treated like second-class citizens, while being asked to pay first-class taxes. Enough is enough. People who smoke are entitled to their place in restaurants, public buildings, stadiums, airports, and the workplace. 12. DMV - People who have an inoperative parts car should be able to tow it to the shop, or storage, without insuring and registering it; the insurance on the towing vehicle would cover any liability that might arise. 13. CONSUMER PROTECTION - CELLULAR PHONE companies need to be regulated, as the public utility that they are. 14. CONSUMER PROTECTION - INSURANCE companies require more stringent regulation to prevent them from denying coverage for reasons unrelated to the risk that they are asked to insure. Most everyone should be able to buy insurance to protect their property. Credit matters have nothing to do with it. 15. THE SECOND AMENDMENT means exactly what it says. 16. WOMEN'S SHELTERS - The best one is lifelong, committed marriage. That's the one the State should support. ADAM STEELE CANDIDATE FOR STATE REP - DISTRICT 4A (Parts of Beltrami, Cass, & Itasca Counties, including Bemidji, Cass Lake, Deer River & Remer) Prepared and paid for by THE STEELE COMMITTEE, P.O. Box 1535, Bemidji, MN 56619. ------------- ADVERTISEMENT ------------------------------------------------------------ NEIGHBOURS COME TOGETHER TO CONFRONT CRIME AT FEDERAL DAM SUGAR POINT -- Residents and neighbours on the beautiful Sugar Point, overlooking Leech Lake, just south of Federal Dam, convened May 16th, 2002, at Dennis Banks's House of Mahnomin, where he lives on the point, to address the problem of hate graffiti which has surfaced in their neighbourhood. As the meeting began, Banks spoke of the meaning of the swastika symbols cropping up on area roads and signs and questioned whether the vandals even know what they're painting. "Is it a prank? Is it a kid ... is it an adult playing a prank, or is it on a more serious side? ... We can't tolerate that kind of hate messages," he said. The vandalism was not necessarily aimed at the Native community; people of all races at the point have been affected. In the end, the neighbours agreed that they were dealing with a matter of crime - not of race, and to fight it as a neighbourhood united. At the outset, most thought the graffiti to have been painted by kids, but by the end of the meeting, this was uncertain. A resident offered that the root problem wasn't kids, but rather adults who were not getting along" and it's filtering down to the kids." Another said, "We've got to learn to live with everybody, no matter what." Many, at the meeting, offered input and information. Another neighbor expressed that, "There's no room for this in this community," and said that they need to do something before it goes any farther. Likewise, Bob Kvasnicka said that this sort of graffiti in the close and diverse Sugar Point community, where neighbours sometimes have disputes anyway, was like throwing gas on a fire and that it needed to be nipped in the bud. After sharing many positive ideas, the group adjourned, planning a future follow-up meeting and forum; that was originally scheduled for May 24th, but Banks did not show up to chair it, and a new date has not been set. After the meeting, the law enforcement officer who was present suggested that one way to combat the graffiti would be to make it ineffectual, such as is done in cities, by volunteers removing the messages as soon as they are observed. Photo captions (photos are not included in The Library edition): Photos presented at the neighborhood meeting depict the type of hate vandalism that has been occurring: A red swastika is painted on the road, and appears to be signed either "Mr. C" or "Mr. G" (it was raised at the meeting, though, that a lone perpetrator might not be likely to sign his own nickname to his work). The Leech Lake welcome sign also bears a swastika in red paint. Bob Kvasnicka tends draught horses at the maple farm - Indian Mission Enterprises - that he and his wife, Corrine, operate at Sugar Point, overlooking Leech Lake. The Kvasnickas, too, have been the targets of vandals and are part of the neighborhood effort to stop it. Dennis Banks, concerned Sugar Point resident and wild rice processer, convened the meeting at his residence, known as "The House of Mahnomin" The Honourable Judge Michael Haas, also a neighbor at Sugar Point. Another resident expresses concern. ------------------------------------------------------------- Photo captions (photos are not included in The Library edition): THE EMMAVILLE STORE AND CAFE (218-732-4858) - It's the place where most people shop, when they're in Emmaville! When Cal Jensen left us, he left some big shoes to fill. Mr. Jensen's art and wit has for many years made Emmaville, Minn. (population 4) the great and entertaining place it is to stop in, get gas, groceries and supplies, have lunch, or stay over at the motel and cabins. Now, Emmaville has found new owners, and we welcome Joe and Kay Knuth (shown above) and James & Jennifer Raper who have taken over Cal's work, keeping Emmaville the Biggest Little Town in the World! The Knuths said they'll continue to feature their great Sunday Country Breakfast Buffet and the Tuesday AYCE taco night; additionally, Mrs. Knuth's traditional German home recipes will bring brats with her special sweet Bavarian kraut, made with caraway, and German potato salad, to Thursday night for $5.95. The cafe is open for breakfast and lunch everyday, and dinner Tuesday (tacos), Thursday and Friday, when the special is hot (bottom round) roast beef sandwiches. Thursday and Friday dinners are available with Mrs. Knuth's homemade pies, cakes and desserts and a different homemade cheesecake each week! ------------------------------------------------------------- Photo caption (photos are not included in The Library edition): NEW PRINCIPAL AT THE BUG-O-NAY-GE-SHIG SCHOOL is Joe Hundeby, who came to the school in May and will administer grades K through 12. Hundeby brings 13 years' educational experience to the job, 7 in teaching and 5 in administration. He's served as a principal, dean, athletic director, and coach, as well as a math teacher. "I think that the school represents an excellent opportunity to work with culture, I understand they have an excellent staff here, and community, and students; and I just want to be a part of that," he said. ---------------------------------------------------------- Photo caption (photos are not included in The Library edition): THE WALK FOR MOTHER EARTH'S SAKE, a 500 mile run/walk to promote environmental awareness, continues on Hwy 2, just east of Cass Lake, May 20th, 2002. The walk, from Roseau River in Manitoba to Wisconsin's Bad River Reservation, is being conducted by members of the (Canadian) First Nation Band of Ojibwe. Bearing the staff is Nelson Johnson. --------------------------------------------------- ------------------------------------- ISSUE OF 05/04/2002 - VOLUME 7 NO. 7 ------------------------------------- Leading Edge Journalism ----------------------- At Bemidji - High Corruption Marches On! BEMIDJI POLICE CHIEF PREECE IMPLICATED IN ALLEGED HELICOPTER PONZI Purchaser Says $295,000 Missing; Manufacturer Pulls Preece's Franchise BEMIDJI -- The City of Bemidji has not exactly cornered the market on corruption. It exists, in a limited sense, in the dark nooks and crannies of many urban centers, municipalities and rural governments across the nation. What makes Bemidji special is its demography. Whereas, in most places, those tending toward corruption tend to be an elite, popping up to work their malevolence on a catch-as-catch-can basis, and mostly confined to the shadows of the government halls; in Bemidji, with its huge welfare population that will take whatever they can get so long as they don't have to work for it, and also it's large government-based (Bemidji's largest employer) population, including many liberal educators at BSU, for whom any politics are OK as long as the money faucet keeps running; Bemidji is unique in that it seems to possess an electorate, a majority of which either favors, or at least is tolerant of, corruption. Corruption doesn't have to stay in the shadows here - we put it in the highest seats of local government and we send it to the state legislature at St. Paul. Corruption can be blatant in this remote municipality. Forget about the Constitution and laws - they don't apply here. That may be why, with local property taxes as high as they could go, residents got hit with a $60 "storm sewer fee" this year, which was passed at a "public hearing" that those residents never knew about and was unattended, except by the Council, last spring. And in this quagmire of openly corrupt dealings, it would be natural and proper that such a City should have a Police Chief who is a liar and crook. It's consistent. Fits right in. The Chief. When Police Chief Tell (a BCA investigation produced about 17 allegations of theft by swindle, but a Beltrami County jury, in 1996, wouldn't convict Tell - accepting his explanation that it was mistake) finally retired last year, the City Council and management could have gotten some fresh blood. Someone from outside the corrupt circle here. But, of course, they didn't. They hired Bruce Preece, son of long-time Bemidji Judge James Preece, famous, or infamous, depending on how you look at it, for some of his rulings protecting the good ol' boys of Beltrami County. Helicopter shenanigans. Now, faced with allegations of misdealings in high-priced helicopters, including that Preece took full payments for (over $300,000) airships, which payments were never turned over to the manufacturer, a contact close to the situation has said that Preece is acting as if nothing is wrong. Preece's initial statement to Northern Herald is right in line with this as he told us that there's no substantive problem. That the Torrance, California firm of Robinson Helicopter Company failed to renew his franchise only because Preece is selling his helicopter business, known as Helicopter Flight, Inc., operating at the Crystal airport near Minneapolis. Frank Robinson, of Robinson Helicopter, though, told a different story. Although he could not disclose the details of any specific allegedly fraudulent transactions, after a description of customer allegations against Preece, charging that Preece took full payment (about $320,000) for at least one helicopter, tendering only $25,000 to Robinson, Frank Robinson confirmed that the franchise was pulled, because, "The situation that you have described has been a recent problem with Mr. Preece, and that's why he is no longer our dealer. However, any orders that he has placed ... before his dealership was cancelled, we would go ahead and complete the aircraft and complete these transactions, once we have received the payment for it." Robinson is a conscientious firm that won't tolerate the appearance of impropriety among it's dealers. Said Robinson, "Our whole concern here is that anyone who has paid for their aircraft, simply, should get it. ... A dealer is not to hold any of the funds, either deposits or final payments; they are to be immediately transferred to the factory (Robinson) to complete the sale, so that the customer can get their aircraft on time." A customer, Jim Bult, owner of a trucking firm near Chicago, said that, in January, 2002, he had ordered a Robinson R-44. Bult said that Preece told him it could be delivered by February 15th, if Bult tendered payment in full (about $320,000) to Preece with the order. Bult said that, to expedite that order, he paid Preece in full by wire. Robinson, though, only requires that a $25,000 deposit be paid to begin manufacture of the craft. Apparently that was all that Preece turned over to Robinson, for Bult's order. Bult said that February came & went - no helicopter. Upon inquiry with Robinson, he was told "it wasn't even made, and [not] scheduled to be released until April 5th." Then it would be delivered upon their receipt of the remaining amount - about $295,000 - that Bult had already paid to Preece. April came and went and as of May 2nd, Bult said that Robinson was still holding his helicopter for payment. There is no certainty as to what Preece may have done with the other $295,000. It has been speculated that he may have been waiting for another sale, to use the proceeds to pay for the back order. With the franchise pulled, though, there may not be future sales. And Mr. Bult is still waiting for the helicopter he paid for in January. "To date, customer has paid for the product, helicopter has been ready for shipment, customer is still waiting for the product," Bult said. The time value (i.e. interest) on $295,000, at 5%, is about $1,229. per month. Bult said that if he'd known that the airship wouldn't even be completed until April, he might have bought it anyway, but he wouldn't have tendered payment in full in January. He said that, in the interim, Preece has promised several times to "make it right" claiming various technical reasons for the delay. Investigation by Northern Herald has disclosed indications that up to 2 other customers may also have faced delays or irregularities in delivery of their product (i.e. helicopters), but their statements are not yet available. Preece's statement. Contacted again, with this new information, Preece's calm explanation was straightforward. He explained that Bult's $320,000+ payment wasn't actually for his (Bult's) helicopter. That it was an investment in another helicopter, in which Bult was to have had a half-interest, that would then be sold at a profit, which would be used to give Bult a discount on his helicopter, that could then be paid for and delivered to Bult. Perfect sense. Preece said that the market went soft, making it hard to sell the "investment" helicopter early in the year, but he expected to have it sold, and Bult's helicopter delivered, this week. Preece said, "He invested in another aircraft, with his funds, with the idea that that aircraft would be resold for a profit, profit being shared both by the company and by him. And then, that would allow him a greater discount on the purchase of his aircraft; and he agreed to do that. But, we also agreed that that transaction would be done by February. Well, as it turns out, the market was slow, and the aircraft did not sell right away. It has, actually, or is in the process of being, sold now, so the funds now have become available, and we'll be taking delivery on his [Bult's] aircraft this week ... I'll have to check with the staff, but I believe that's correct...." Trouble is, that Mr. Bult didn't know anything about his "investment" in any other helicopter. If he supposedly had a half-interest in anything, it was news to him. Bult told Northern Herald that there was no agreement regarding any other aircraft. He ordered only one helicopter, for himself. He had paid Preece the money in January, for his helicopter, and for promised delivery of that bird by February 15th. Plain and simple. "I sent the money in January for a helicopter for February ... what he [Preece] did with the money, he has since told me that he purchased another aircraft and was going to do a quick turn on it, make money and blah, blah, blah, [but] ... I had no involvement or agreement [regarding any other aircraft] ... I sent my money for one purpose; that was to purchase my helicopter. If I own part of [another] helicopter, I don't know about it," said Bult. As to the promise of delivery this week, Bult said, "[Have] I told you how many times I've heard that? ... I hope it is ... Right now, I'm out 300 grand and I'm hoping that he can make it right." ----------------------------------------------------------- Leading Edge Journalism ----------------------- EIGHTH CIRCUIT COURT ORDERS BEMIDJI TO SHOW CAUSE ST. LOUIS -- In the latest in a series of rulings against The City of Bemidji, in the $600 billion lawsuit brought by Northern Herald and editor Adam Steele, the United States Court of Appeals for the Eighth Circuit has ordered Bemidji to show cause, by May 13th, why its appeal of a District Court order throwing out the City's Motion for Summary Judgement should not be summarily dismissed. The original action (the $600 billion lawsuit) arose, in part, because, in 1998, corrupt former Bemidji police sergeant Michael Porter told editor Adam Steele to stop giving the papers away at curbside, or Porter would, "take you to jail, today." The action was counseled and ratified by Alan Felix, corrupt Bemidji City Attorney. The City, by its corrupt and very expensive attorney, Jon Iverson of Minneapolis, had made, before the District Court, the Motion for Summary Judgement, claiming that, although the Eighth Circuit federal Appellate Court had found the actions, and two Bemidji ordinances, unconstitutional, Bemidji should not be liable for money damages, under a theory of qualified immunity; that is, that the people involved were just doing their jobs and weren't aware that they were doing anything illegal. However, the federal District Court, by the Honourable James M. Rosenbaum, Judge, on March 6th, 2002, dismissed Bemidji's motion, possibly reasoning that a police sergeant and a City Attorney should be aware of the First Amendment (school kids, after all, know about it). Bemidji filed a Notice of Appeal with the Eighth Circuit. The attempted appeal, however, may be frivolous, for delay, and to make some work for attorney Iverson at tax expense, because, generally, the dismissal of a motion for summary judgement does not finally dispose of the case, and hence may not be appealed (you're not supposed to understand what that means). Your editor knows this; and is surprised that the City's pricey attorney didn't. It is not known how much legal fees have cost the City in this action which stemmed from Felix's poor judgment and erroneous legal advice. But due to his actions, and those of Porter, a judgment for the full amount of the lawsuit, against Bemidji, would equate to a tax cost of about $50,000,000 per Bemidji resident; although the City may also have the option of bankruptcy and reorganization. ------------------------------------------------------- Leading Edge Journalism ----------------------- NEVIS COUNCIL CALLS SPECIAL MEETING TO INSULT MAYOR NEVIS -- Members of the Nevis City Council called a special meeting the morning of April 15th, 2002, primarily to insult their Mayor, the Honourable Phillip Harris, by, in word, banning him from the Nevis City Hall. In the civic feud that has been raging at Nevis, possibly over the mayor's cost-cutting positions, and his stated need for internal controls over money and assets, in this charming, but deficit-ridden, community (see State Auditor Cites Irregularities at Nevis, NH of 03/23/02, at northernherald .com), and in an apparent attempt to impede the Mayor's function, City Administrator Maureen Cirks had procured, last fall, a temporary order (HRO) barring Harris from City Hall. Cirks, who draws salary and benefits of about $35,000, in this city of 364, (she also has a Deputy Clerk who receives another $17,000 or so, per year) has long been reputed to "run" the city. At the hearing on the HRO, Cirks was represented by attorney John Masog. Masog, as former Nevis City Attorney, had advised the Council, last summer, to try to strip the mayor of his duties. That action was recently rescinded following an investigation by the Minnesota Attorney General into the unlawful actions of the Council, pursuant to Masog's advice. Harris, conversely, did not have an attorney, and felt compelled to agree to the order without any evidence being presented. But, in ruling on another matter, an attempt to remove Harris from office on allegations of Misconduct of a Public Official, the Honourable Judge Benshoof had cause to look into these circumstances, and stated in a recent memorandum, "There is no evidence ... that Defendant [Harris] threatened the employees with physical harm ...I find no support in the record that Defendant threatened to fire the city administrator in a way that would constitute misconduct ...." The HRO was due to expire on April 17th, at which time the Mayor could again enter City Hall to meet with constituents, and have access to documents, records and equipment of the City of Nevis, as necessary to perform his mayoral function. At the April 15th meeting, the Council first discussed joining with Cirks to seek an extension of the HRO. As this type of order is generally issued only to prevent personal harm, harassment, and irreparable injury, and the City had not even allegedly been threatened, an audience member (your Editor) suggested that the Council consult with the City Attorney, John Valen, to see if the City's becoming party to a personal HRO was proper. Valen, however, was out-of-town. The Council recessed for a few minutes to try to contact Hubbard County Attorney Greg Larson who was also unavailable, so John Masog, of Larson's office, took the call, advising the Council to, rather than joining in the HRO action, pass a resolution banning Harris from City Hall. The council, on councilmembers Pam Lindow's motion and Steve Ericksons's second, passed the resolution on a 4-1 vote with Harris dissenting. A resolution, however, does not have the force of law, as does an ordinance. (An ordinance must be heard and read three times, on notice, to allow for public input and fuller discussion.) As a result, it is not believed that the resolution could result in any type of enforcement, were Harris to enter City Hall; the action by the Council, as well as their earlier reprimand, amounted to, primarily, an insult to their Mayor, further impeding teamwork and progress in Nevis. Earlier in the meeting, councilman Erickson, who also operates The Goose Crossing restaurant at Nevis, spoke of "layering" on additional accusations against Harris, probably to the end of trying to pressure him out of office, or giving a further appearance of impropriety on Harris's part. None of the many accusations heretofore made, however, have ever been proven, excepting that Harris admits that he made a controversial hand gesture to a contemptuous city employee at a heated August, 2001 council meeting. Harris has said that he did not intend the gesture to be taken as obscene, that he was simply returning the contempt shown to him at that meeting by the employee, Bob Potter. As to the pending misconduct charge against Harris, which now is limited, in scope, to whether the impropriety of that hand gesture rises to the offense of Misconduct of a Public Official under Minnesota Statutes (M.S.) 609.43, for which Harris could, conceivably, be removed from office, as well as face criminal penalties, a motion hearing will be conducted at 3 pm, May 21, 2001, before the Honourable Judge Benshoof at Bemidji. At that time, Harris's attorney, legal scholar and former Crow Wing (Brainerd) County Attorney John Remington Graham, will argue motions, 1) to disqualify the judge on grounds of alleged prejudice; 2) to strike the Complaint as duplicitous and non-specific; 3) to dismiss the Complaint because it was filed by an Assistant County Attorney (Masog) who had a conflict of interest; and 4) to dismiss the Complaint because there is no probable cause that a crime, as defined by M.S. 609.43, has been committed. Note: For earlier reports on the Nevis matters, see NH of 11/03/01, 12/08/01, 01/12/02, 2/16/02 and 03/23/02, below on this Library page. -------------------------------------------------------------- CASS COUNTY TRANSPORT OFFICER CHARGED WALKER -- Following an investigation by the Cass Co. Sheriff's Dept. and the Minnesota Bureau of Criminal Apprehension (BCA), county transport officer Robert Stoneking was charged, May 1st, with one count of third degree criminal sexual conduct stemming from an alleged incident involving the transportation of a female inmate. Known for keeping a clean, tight and safe department, Cass Co. Sheriff Randy Fisher said that Stoneking was placed on administrative leave immediatly after the accusation was reported, January 1st, 2002, and he resigned as of February 15th. Stoneking's first appearance, on the summons issued, will be June 3rd at Walker. Stoneking, who is married and living at Longville, had no comment. --------------------------------------------------------------- For Accountants Only ATX/SABER - A MIXED BLESSING by Adam Steele, CPA In a professional tax software market severely constrained by recent years' buyouts, and other raiding of the competition, particularly by Intuit, producer of Pro-Series, Turbotax, and now Lacerte (they took the very reasonably priced Parsons Tech product off the market completely), good values, resulting in lower fees to clients, are hard to find. In this market, a relative newcomer, the Caribou, Maine firm of ATX Forms/Saber, shows promise; but it isn't yet for everybody. For 2001 returns, ATX priced their best package - federal & all states, individual and all entities system with unlimited use (MAX) - very competitively at $699. Electronic filing was available for $5 per return (federal and state total) or unlimited 3rd party efiling for $100. To their credit, the package is very comprehensive. So many forms, including many seldom used but sometimes necessary ones, that it's best not to load them all onto the hard drive, but rather, access from the CD as necessary. Their per-return price was $10 (federal and as many states as necessary), comparing very favorably with Pro Series at $24. And, with ATX, entities are the same price as individual returns. On the pro side, ATX's depreciation calculator is fast and easy to use, requiring minimal entry (date, item, class and basis) to compute the MACRS default. The auto expense and home office worksheets take the drudgery out of these computations. However, the program, this year, was full of bugs and glitches. Things like data moving from field to field - so you might have a phone number in a date field; inability to create an electronic file due to an error report - and the return is CORRECT!; and, as late as mid-February, ATX had not yet corrected a bug in the Minnesota program which prevented preparation and printing of the M-1. That bug (a run-time error) would take the whole program down requiring reload, with data loss. These are just a few of the many program problems that would require frequent calls to tech support and waste a lot of the practitioner's time. If, however, ATX can produce a tested, dependable program for 2002, they may well be the best deal on the market. If considering it, accountants would do well to thoroughly office-test it, though, this fall, well before the season. -------------------------------------------------------------- ART STUDENTS INVITED TO APPLY THIEF RIVER FALLS -- Northern Expressions School of the Arts is now taking applications for students in the 2002-2003 school year. Students going into the 11th or 12th grade, and resident of the 7th Congressional District (Congressman Peterson's District) are eligible to participate in the arts school, which focuses studies in all areas of art, including music and theatre. Interested art students may contact Bill Stock at 218-681-8672, or bstock@trf.k12.mn.us --------------------------------------------------------------- AT MACROSTIE ART CENTER GRAND RAPIDS -- MacRostie Art Center, in May, will feature works of Jan Wallake (watercolor & acrylic), and Jim Wydra (wood sculpture). There will be an artists' reception May 18th, from 5 to 7 pm. --------------------------------------------------------------- At Backus - The Hub of North Central Minnesota! OLD TIMERS' DAYS MAY 25-27TH BACKUS -- Now in it's Centennial year, Backus will host its annual Old Timers' Days and All School Reunion, May 25th through the 27th, 2002. Each year, hundreds, often including some from abroad, return to Backus for this reunion celebration, highlighted by current photography of the Backus High School alumni. This year, classes from 1918 through 1986 will be photographed, Saturday, from 3 to 6 pm. The all-area-school alumni Prom will be 8-11 pm. Public is invited, and it is suggested that people dress in 100 year old fashions, or what was in vogue when they were in high school. Many from all over, even if not originally from Backus, come for the festivities. This year's fest will feature Sloppy Joes, ice cream, and bars; with old-time music, at the fire hall, starting Saturday at 11 am. The American Legion sponsored 1 pm Horseshoe Tournament will be followed by the photographs and then the Prom. Sunday, after church, will see a 12:30 pot luck lunch at the fire hall; and Awards and Program at the Backus School at 1:30. The American Legion and Auxiliary will present a Memorial Day ceremony Monday at 11 am at the cemetery. Later this year, Backus will again celebrate its Centennial at its annual Corn Fest, August 10th. The Backus events are coordinated by Cloie Smith (218-947-3170) who has asked that persons willing to share musical talent at the prom, please contact her! -------------------------------------------------------------- COPS 2002 --------- WANTED: RETIRED LAW ENFORCEMENT OFFICERS! WALKER -- Former Cass County Sheriff and present Commissioner Jim Dowson, along with Ret. Police Chiefs Jack Hacking and Richard Alstad, and others, invite retired (and current) law enforcement personnel to the COPS 2002 breakfasts, on the first and third Thursdays of each month, at Jimmy's Restaurant in Walker. For more info, please contact Cmmr. Dowson (218-547-1894), Chief Alstad (218-547-1740), or Hacking (218-335-6819) ------------------------------------------------------------ PIZZA, WITH OR WITHOUT SMOKE, IN THE NISSWA-PEQUOT LAKES AREA PEQUOT LAKES -- A good meal out should be an event. A significant number of diners, the fanatics say 25%, but we think it's a lot more, when they go out to dine, like to enjoy a leisurely and satisfying meal, in ambient surroundings, and enjoy their fine tobacco afterward, or between courses. That's comfortable hospitality. They don't like to be told, by the dining establishment, after taking their money, to go outside and stand in the rain. That's contempt. A former President of the Minnesota Restaurant and Tavern Owners' Association, in conversation, almost never said "bar" or "restaurant." He always spoke of places of hospitality. And with good reason - isn't that what you're buying when you dine out? If a person only wanted the food, he could just put a $3 Tombstone in the oven, and keep the rest of his money in his wallet where it belongs. When people dine out, they're paying for hospitality - to be waited on with a good meal in a comfortable environment. Now, smokers and non-smokers alike can find that, in the Nisswa-Pequot area, at Tasty Pizza North, on the west side of Hwy 371, about 2 miles south of Pequot Lakes. Tasty Pizza North, 218-568-4404, offers pizza and other Italian-American cuisine in warm, rustic environs, and is hospitable to all customers - those who enjoy tobacco, and those who don't - with comfortable seating for each. ----------------------------------------------------------- CONSUMER CORNER Readers are invited to submit consumer complaints or compliments to this column, and to our Auto Service Forum. Send info c/o this paper, P.O. Box 1535, Bemidji, MN 56619 THE OFFICE MAX REBATE SCAM - INVESTIGATION RESULTS The Northern Herald investigation of Office Max's practices in advertising many manufacturers' rebates has disclosed that a number of people have purchased merchandise relying on said advertised rebates, but have not received them after complying with the rebate terms. Office Max management may try to pass the buck by indicating that if a customer doesn't get his rebate, the responsibility lies with the manufacturer, not Office Max. But Northern Herald's legal consultant has advised to the contrary: that Office Max is, in fact, still responsible. A manager also said that the rebates are just "slow," perhaps hoping that another few weeks and the customer would forget about it. In these circumstances, it is Office Max that advertised the rebate, sold the goods, and directly benefitted from the transaction. Specifically, counsel said, "If Office Max has been offering rebates and the conditions of the rebate have been met, then Office Max is liable for the rebate. Office Max may have recourse against the manufacturer, but is still liable to the customer for the rebate." WHAT TO DO: Customers who did not get their rebates within the time specified should first notify the manager of the store where the goods were purchased. If the manager refuses to immediately refund the amount that the rebate was to be, for a small filing fee (which is generally includable in the final judgement), the customer may sue Office Max in conciliation court. Of course, the problem can be avoided to begin with by not relying on the advertised rebate in deciding whether or not the price is a good deal. If a manufacturer wants to legitimately promote their product by rebating, we see no reason why the rebate is not simply given at the point of sale, when the goods are purchased. Otherwise, postage and certified mail costs can reduce the savings anyway. As a side issue, many of the rebate offers, in the fine print, state that they will not be sent to post office boxes, which, of course, is onerous to people who live in rural areas, such as Northern Minnesota. ---------------------------------------------------------------- ROCK SENTENCED PARK RAPIDS -- Notwithstanding that his alleged acts came only after severe provocation by alleged victim Timothy Parker, John Rock Jr. was sentenced April 29th, before the Honorable Judge Mondry, at Park Rapids, on charges of misdemeanor 5th degree assault, and violation of a restraining order. See Rock: Park Rapids Police Inaction Led to Shovel Justice, NH of 02/16/02, below on this Library page). Rock was sentenced to serve 30 days in Hubbard County Jail and pay a fine of $200 plus surcharges; with another 60 days and $500 stayed for two years on conditions of no same or similar offense. Rock was scheduled to begin his sentence May 7th. With credit for the 5 days he served after arrest, and 1/3 "good time," Rock is expected to be incarcerated for an additional 15 days. In earlier interview, Rock said that the incident leading to the charges came about after repeated and continuing racial slurs and other harassment by Parker, a former neighbor; and that Park Rapids Police did not take adequate action to quell the problem, even though Rock and Parker had mutual restraining orders. Parker's wife, Lorette Manners Parker, is the sister-in-law of a Park Rapids police dispatcher, and the daughter of a former member of the Citizens' Patrol. -------------------------------------------------------- Letters to the Editor MEDIA LIES ABOUT SECOND-HAND SMOKE One of the main platforms of several past federal administrations was to make laws against any kind of discrimination. You can't even discriminate against homosexuals or lesbians because of their lifestyle. So why is the discrimination against us smokers so rampant? Even, and especially, federal and state governments are in on it. In fact they are promoting the prejudicial mistreatment of tobacco users. I feel sorry for these misguided people who believe everything the government or the AMA tells them. They can't seem to realize how much we are lied to all the time. One of the big lies today is this false misrepresentation of second hand smoke. I have five brothers and six sisters. Except for my dear Mother and one of my older sisters we all smoked. I started smoking at fifteen. I am seventy years old now and am still smoking. My Mother died at ninety-seven and the doctor said there was nothing physically wrong with her. The one older sister is living in California and is seventy eight years old. As a young boy in north Minneapolis I can remember the smoke being so thick in the kitchen it was like a fog. My Dad had to install a ventilator fan in the wall to suck the smoke out of there. On the flip side, I knew three very healthy people that never smoked or drank in their entire lives that died from breathing problems. So, on a closing note. You anti-tobacco and anti-gun people want to do something useful with your lives? Then see if you can put a stop to the filthy disgusting trash on television. Ray A. Zierhut Cass Lake, Minn. Editor's Note: In a radio interview, Dr. Daniel Weeks, noted epidemiologist and state medical officer, said that if you removed all the second-hand smoke from the air tomorrow, the public health effect would be "zero to nil." -- Ed. ------------------------------------------------------------ LUEBEN NAMED 2002 FRIEND OF THE ARTS BEMIDJI -- At a celebration dinner held in her honour April 26th, at Holiday Inn Express, Bemidji, Becky Lueben accepted her award as the 2002 Friend of the Arts. The annual award was established in 1989 to honour those who have given generously of their time, talents and resources in order to promote and encourage the arts in Bemidji. The ceremony was presented by the Bemidji Art Center (BAC). Said BAC Exec. Director Suzy Rhae, "... A jury of her peers, past winners of the Friends of the Arts, selected her ... she stood out above the rest because she has volunteered numerous hours over the past twenty years to the theatre. She has been behind the scenes and helping kids, and teaching theatre arts." Lueben, who is the drama advisor at Bemidji High School, said, "We produced 'Hello Dolly!' [this year] ... we have a very active drama club at the high school ... this year, it's very exciting, they did their first student-directed full length show; they did Shakespeare's Much Ado About Nothing." Lueben also works with a group called Groovy Tuesday, which meets on Tuesday and sings at various locations, "Once a month we go to the rehab and sing, and once a month we go to Havenwood, and this last week we ... provided entertainment ... at the MS walk," she said. Lueben said that she'd been involved with the arts in Bemidji, actually, for 30 years, including when she was a student. Regarding the celebration in her honour, she exclaimed, "It's astounding!" Photo caption (photos are not included in the Library edition): 2002 Friend of the Arts award recipient Becky Lueben is presented a wooden bowl (inset), carved from local oaks, before the award ceremony. As a recipient, Mrs. Lueben's portrait will have a place with the other Friends of the Arts, on display at the Bemidji Public Library. ---------------------------------------------------------- VOLUNTEERS NEEDED FOR WHITE OAK RENDEZVOUS DEER RIVER -- Each year, the White Oak Society opens it's stockade gates to the public and takes visitors back in time - to the days of the Northwest Trading Company's White Oak Fur Post in 1789. Unlike other back-in-time fests, this one is authentic. Everyone is invited to this principally non-commercial (period wares are available on Trader's Row), and reasonably priced (usually $8, or $20 for a family) Rendezvous, produced by the historians, interpreters and students of the period, members of the non-profit White Oak Society, who reenact life in those times on the expansive White Oak grounds, by their Learning Centre about 6 miles north of Deer River on Hwy 6. The event also features traditional music and entertainment on White Oak's several stages, and occasional period theatre. White Oak is now seeking interested people who would like to be part of this year's Rendezvous, August 3rd & 4th. Those wanting further info, or to help out, should call 218-246-9393. The White Oak Learning Centre, a state-sanctioned educational facility, this year will host over 800 school children for day trips during May, including 90 from Brainerd who will enjoy an overnighter at the Learning Centre's camp. Volunteers, in period dress, are also needed for these functions, and are encouraged to contact White Oak. White Oak will host a Newcomer Camp, Father's Day weekend, June 14th - 16th, where persons interested in learning more about the Society are invited to come and camp. It's one of the few events where modern equipment and tents may be used, and will feature a potluck and dance Saturday night. More traditional recipes are always needed for the White Oak Cookbook. Epicures are invited to send them to Bonnie Swanson, 212 7th St., Cloquet, MN 55720, or email them to SuninNorth@aol.com ------------------------------------------------------------- If you want something done right, do it yourself. HOW TO SUE THE BASTARDS The material presented herein is strictly for the sake of stimulating discussion - it is not to be taken to apply to any specific case, nor is it to be taken as legal advice. Not being lawyers, we are not permitted to give legal advice - we can only give the illegal kind. For legal advice, readers should contact an attorney, if they can find, and afford, one. PART 1 THE SMALL CLAIMS, OR CONCILIATION, COURT Earlier installments may be found at The Library at northernherald.com INSTALLMENT 4 - DOCUMENTARY AND OTHER EVIDENCE. At the hearing (trial), the Plaintiff is expected to be able to fully prove up his case by presentation of evidence. Evidence presented may include the testimony of the Plaintiff himself, testimony of others (see compelling testimony - installment 3), and documentary or other evidence which may include, but is not limited to, such things as receipts, cancelled checks (if copies, then front and back), bills, contracts, agreements, estimates, printed advertisements (in, for instance, a price dispute), photographs, tapes and recordings, and physical objects (in some cases, for example, small claims judges have been known to actually go out and look at a damaged vehicle; photos, however, are generally adequate and preferable.) The best evidence should be presented. That is, if the original of a document is available, it should be used - not a copy. Litigants in conciliation court are not expected to be attorneys. They are not required to be learned in the law; the judge will generally know what law applies. Still, when bringing a case in small claims (conciliation) court, if questions exist as to just what must be proven, it may be beneficial to spend a little time at the county law library (usually located at each county's courthouse) researching the elements of the particular type of claim (e.g. negligence, breach of warranty, breach of contract, etc.) Only evidence which is material to the claim should be presented. Material to the claim are those things which tend to prove the case - that tend to show that one party now owes the other party money or property. The court will generally not be interested in, nor have time for, side-issues and things which do not materially bear upon the claim. The Plaintiff is expected, at the time of hearing, to be fully prepared. He should bring with him to court all of the evidence that he needs to prove his claim. If all of the evidence cannot be procured by the scheduled hearing date, a continuance (postponement) may be allowed if applied for in advance (in this event, see the Court Clerk as early as possible); but once the hearing (i.e. the trial) has begun, if a piece of evidence, e.g. a check, or a receipt, has been forgotten or overlooked, it is likely that the Court will not continue the hearing to allow for its retrieval. (Part 1 - Conciliation Court - of this series continues with Trial and Judgement, next issue) This column, HOW TO SUE THE BASTARDS, is brought to you by the firm of C. N. AMBLE, LANCE & CHASE ------------------------------------- ISSUE OF 03/23/2002 - VOLUME 7 NO. 6 ------------------------------------- Leading Edge Journalism ----------------------- GRAHAM ASKS STATE APPEALS COURT TO REOPEN GAST DEATH AT BRAINERD Former Crow Wing County Attorney Intimates Law Enforcement Cover-Up in Death of his Informant in Cocaine Trafficking ST. PAUL -- At the behest of a number of concerned Brainerd area citizens, former Crow Wing County Attorney John Remington Graham brought before the Minnesota Appellate Court an action that could have far-reaching implications as to possible involvement of many influential Brainerdians, including some in law enforcement, in cocaine racketeering and trafficking in the early '90s. On Tuesday, February 26th, 2002, without any opposing appearance, Graham argued before the Court for the reopening of the investigation of the death, under curious circumstances, of William "Blue" Gast Jr. His action before the Court asks for a Grand Jury and the appointment of a special prosecutor to look into the 1991 shooting death of his informant, Gast, only days after Gast provided information detailing the early '90s trail of cocaine through central Minnesota, including distribution points at Brainerd, Breezy Point, and Bemidji, as well as implicating a high ranking officer (then) at the Brainerd Law Enforcement Center. Gast, reportedly on his way to meet friends for happy hour at a local bar, was found dead in his pickup, shot clean through the head, not far from Brainerd International Speedway, with a Remington 66 long rifle in his hands. Suicide? Only three minutes after arriving on the scene, the responding Deputy radioed-in the death as a suicide, and Sheriff Dick Ross has constantly maintained that it was suicide, closing any further inquiry. But Graham has developed well-founded forensic evidence that indicates that, due to Gast's size, and the length of the long gun, suicide in the manner asserted would not have been physically possible - he couldn't have reached the trigger and still have produced a perfectly horizontal head wound as the coroner observed. It has also been determined that the Sheriff's investigation report contained false information regarding the head wound, which differed from the coroner's findings, and appears to have been fabricated to make the suicide theory plausible. Few, if any, of the major players in the distribution network have ever been charged, and none of the key principals, allegedly very well established Northern Minnesota businessmen and officials, were ever brought to justice. It is well-known that, in 1989, (then) Beltrami County Attorney Tom Keyes, law partner of current Co. Atty. Tim Faver, died of cocaine toxicity at Bemidji. Background. Gast's information, provided to the Crow Wing County Attorney's office in 1991, led to the production of NH's landmark article, Snow Not Just Outside - NH of 11/10/95. Readers interested in the specifics of the cocaine network are referred to that article. For information regarding the alleged cover-up of Gast's alleged murder, and technical analysis tending to indicate that the death was not suicide, see Graham Challenges Reinvestigation of Gast Death, from NH of 4/5/96; both stories available at Living on the Edge at northernherald.com John Remington Graham. It is rare, these days, that Minnesotans have the opportunity to witness a legal scholar of the calibre of John Remington Graham arguing a case. A walking law library, when asked a legal question, Graham, often, will not only answer it, but will also tell the questioner, for instance, from which part of the Magna Carta, or where, in the glorious reign of William and Mary, the underlying legal principle derives. His first legal book, Principles of Confederacy, a massive (over 800 page) treatise on the derivation and interpretation of the American Constitution, from the tirelessly researched contemporaneous writings of the founding fathers, has been lauded by other legal scholars, right up to and including the Chief Justice of the Pennsylvania Supreme Court. From his retreat in Quebec, where his lovely wife is also a member of the Bar, Graham recently completed, and had accepted for publication, his second major treatise on constitutional law and history. Graham regularly handles cases in Minnesota, and maintains a residence and is registered to vote in Crow Wing County. Graham, who is admitted to the Bar of the Minnesota and United States Supreme Courts, has practiced in fifteen jurisdictions in the United States, was a founding professor at Hamline University School of Law, a federal public defender and state public defender, as well as a county attorney. A strong law enforcer and fighter of corruption, as county attorney, his prosecutorial record resulted in more criminals being sent to prison than had been achieved by any previous prosecutor in the history of Crow Wing County. Still, because he refused to prosecute innocent men, which would have needlessly caused them the costs and perils of trial, as well as incarceration, even when insisted upon by certain women's groups, he encountered a great deal of resistance while in office and, in some circles, his term remains controversial to this day. Graham said, "My defeat for reelection was due to my refusal to prosecute men whom I knew were innocent, and who were later shown conclusively to be not guilty." Argument. Per the rules of the Appellate Court, Graham was given 15 minutes to present his case, In re The Matter of the Death of William Gast Jr., before the three-judge panel comprised of The Honorable Doris Ohlsen Huspeni, Randolph W. Peterson and Jill Flaskamp Halbrooks, after which the judges took the matter under advisement with opinion pending at presstime. Normally, it would be up to a County Attorney to call a Grand Jury. Graham was careful to note that his action, asking for reopening of the death investigation, is not opposed by the present Crow Wing County Attorney, who Graham said had done nothing wrong, but could not proceed in this matter due to conflict of interest, presumably due to association with others still influential in Brainerd. "The County Attorney has a conflict, and he admits it," Graham told the Court. Neither the present County Attorney, nor the Attorney General appeared at the Appellate Court hearing to oppose Graham's request, nor had there been opposition to his original action before District Court Judge Dennis Murphy. Graham told Northern Herald that Murphy declined, nonetheless, to reopen the investigation because "too many public officers would like this case to disappear for reasons that are not noble, brave or just," Graham said. Graham established for the Court that the Standard of Review for action by the Appellate Court was met in that, per a cited precedent (O'Leary), the Court could not disregard the testimony of an unimpeached witness who testified that: 1) Gast was an informer in matters of cocaine trafficking who had identified a hired killer, working for the traffickers, whose specialty it was to set up executions to look like suicide; 2) The Crow Wing County Sheriff's Office had showed extreme hostility when asked to provide protection for Gast; 3) When Gast was killed, it was immediately ruled, by the Sheriff's Office, a suicide; and 4) Physical evidence establishes that it was physically impossible for him to have pulled the trigger of the weapon found with him, given the nature of the head wound, the measurements of the decedent, and the trajectory and exit of the bullet. Graham told the Court, "The Sheriff's report reports fictitious facts that didn't exist." The report described a 20 degree angled head wound which did not correspond to Gast's corpse - the head wound was almost perfectly horizontal, from temple to temple. Graham followed up by charging that The Sheriff's Office, under Dick Ross and (then) Chief Deputy Dan Gottsch, tried to cover up the homicide by calling it a suicide, and told the Court, "The Grand Jury has a duty," to investigate to see if a murder has occurred and to investigate for improper conduct of a public official, if it appears that such may have occurred. Public Request for Investigation. Graham appeared at the hearing accompanied by a number of citizens, including Gast's daughter, who had asked him to try to get the investigation reopened. 76 concerned citizens had signed a petition, and several local citizens' justice organizations, addressing this matter, among others, have sprung up in the Central Minnesota area. Although much of Graham's work on the case has been pro bono and at his own expense, these groups and individuals have also contributed to the costs. "Every patriot would not want to see what appears to be a cocaine-related murder covered up [and] to go unexamined. ... I was born and raised in Brainerd, I know what's going on up there," Graham said. The Brainerd citizens' committee is headed by John Morgan, assisted by former County Board Chair, Art Wagner, who is also a member. Also present at the hearing was retired New York detective Jim Rothstein, who now lives in Minnesota working as a consultant. Rothstein took an interest in the Gast case due to the "narcotics involvement and the national security issue," he said. Rothstein characterized Gast's death as "a cover-up; typical cover-up." Rothstein agrees that the Gast death was not a suicide, but suspects that he was killed, not by the drug dealers, but possibly by a law enforcement agency for which he worked. Rothstein said that documents Gast left behind indicate that he was an informant and "operative" for several law enforcement agencies, including federal ones, and that he got "the CIA flu - it's when people who are involved at a certain level have to be taken out" because the information they then possess could threaten ongoing investigations or operations. It is known that the CIA was involved in assisting some cocaine importation operations during this time period. Rothstein said the Minnesota drug trafficking operations of the period, the early '90s, were sophisticated with nationwide and international connections; that he had worked on cases, for example, where, Canadian intelligence "intercepted a ship off of Nova Scotia loaded with drugs that was going to come down the St. Lawrence seaway headed for Duluth;" and Rothstein said that Duluth was a major entry point for drugs headed for Northern Minnesota distribution including, principally, Brainerd and Bemidji. "So, when I came here and I saw the Blue Gast [death] ..., it was very obvious, [that this was related to] drug operations on the East Coast." Rothstein spoke from his experience as a New York cop, working on some investigations that led to Minnesota, that corruption and collusion by certain Minnesota law enforcement personnel, in drugs, goes way back. He spoke of a case in which, he said, Billy West, a resident of Brainerd's Gull Lake area, was, per Rothstein, arrested "out west, and then the case disappeared when it got back here." Rothstein said that drug cover-ups have been "well entrenched in Minnesota; I first became aware of it in 1971 when I was working as a detective in New York and came out here and worked with Lt. Gary McGahee [in] Minneapolis. We worked the Frank Matthews case; ... Matthews had escaped federal custody or jumped bail and ended up in Minneapolis. We were able to locate him and a special task force was sent to grab him, but, because of the way they handled it, he disappeared. He was a major drug dealer." Gast's daughter, April Gast Sauers, is convinced that her father's death was foul play and wants it investigated and the people responsible brought to justice. She described her father as a family man who was not depressed and did not have motive for suicide. She said that due to her father's death, her family "lost our home" due to inability to pay the mortgage, "so our family got split up for a while, so it was a very tough time." The Gast case, now submitted to the Appellate Court with opinion pending, is important to Minnesotans not only in order to properly bring the killers to justice, but, very importantly, because of the information that will flow from a full investigation, which could well identify past, as well as current, officials who had ties to nineties cocaine trafficking, and may still maintain a corrupt sphere of influence, in official circles, linked to those old cocaine dealings. Graham is convinced that due to those corrupt influences, the Gast death was never adequately investigated, and a number of Brainerd-area, and other, citizens want answers. Photo Caption (photos are not included in The Library edition): Graham, outside the Appellate courtroom, flanked by concerned citizens, Jim Rothstein, St. Martin; April Gast Sauers (daughter of William Gast Jr.), Sartell; Dennis Winkelman, St. Cloud; Tony Milbauer, St. Cloud; Louis Nelson, Minnetonka; and Francis Parranto of St. Paul. ------------------------------------------------------------- Leading Edge Journalism ----------------------- STATE AUDITOR CITES IRREGULARITIES AT NEVIS NEVIS -- Cars lined the parking lanes of the streets leading to the Nevis Fire Hall wherein the City Council Chambers were packed with spectators and even standing room was hard to come by. On March 11th, at a regularly scheduled meeting of their City Council, Wayne Parson of the Minnesota State Auditor's Office presented the long-awaited audit report of the year 2000 financial statements of the City of Nevis. The City's books are routinely maintained by City Administrator Maureen Cirks, and audited annually by the CPA firm of Pederson, Smith, Roehl and Co., Walker. The special State audit, to ensure that the books were in compliance, was requested by the Nevis City Council in December of 2000 in response to citizen concern over the finances, procedures, and accounting of the City of Nevis; certain issues relating to year 1999 were also asked to be evaluated by the state auditor. In audits of this type, the costs of same are charged by the State Auditor to the requesting City. In this instance, the audit report states that those costs were increased somewhat due to the manner in which the books were kept and the availability of the City's financial information. Qualified Opinion. After performing an audit, the auditor issues his opinion on the accuracy of the financial statements. In accounting terminology, a qualified opinion is not as clean as an unqualified opinion, but better than an adverse opinion. In issuing it's qualified opinion on the financial statements, although the State Auditor found that, excepting for the lack of a General Fixed Assets Account Group, to account for buildings, fixtures, and equipment (as a practical matter, this enables a City to depreciate the assets and plan for their replacement), the 2000 financial statements present fairly the financial position of the City of Nevis; the Auditor noted numerous procedural and compliance errors in the operations and bookkeeping of the City. The auditor also noted, in the 1999 statements, a $10,000 understatement in general obligation bonds payable; and, in the January 1, 2000 fund cash balances, a $10,554 understatement in the General Fund, with corresponding overstatements in the Fire and Sewer funds. Low Balances, Deficits. The financials disclose the City's tenuous financial position which could result in the need for further tax levies or assessments. As of December 31, 2000, the Sewer Fund had deficit retained earnings of $282,648. During 2000, General Fund and Fire Fund expenditures exceeded budget by $54,026 and $16,259, respectively. Most of the General Fund overrun was in the type of expenditures designated as General Government. The largest expenditure in this category was $60,449 listed as "City Clerk/Administration". Mr. Parson called the Council's attention to a dangerously low level of the undesignated fund balance, $2,614, in the General Fund as of Dec. 31, 2000, and recommended that a larger reserve be maintained. During 2000, General Fund and Fire fund expenditures exceeded revenues and other financing sources (including the transfer from the liquor store fund, post) by $20,490, and $10,729 respectively. Despite high sewer fees charged to residents, the sewer fund lost $75,299, and the water fund, $8,241 for the year. Of the three enterprise funds, only the liquor store produced a profit of $86,386 of which $76,578 was transferred to the General Fund. Compliance Issues. The Audit Report cited 24 irregularities in City of Nevis accounting, policy and procedures, including 3 material weaknesses in it's internal controls. 11 of the irregularities constituted material noncompliance with applicable Minnesota law. Nevis Mayor Harris has repeatedly attempted to have enacted policies of better internal control over money and transactions, but at each juncture the matter has been tabled or stalled by the Council. Internal controls. An audit should always include an evaluation of internal controls. Per the report, "the objectives of internal controls are to provide management with reasonable, but not absolute, assurance that [1] assets are safeguarded against loss from unauthorized use or disposition, [2] transactions are executed in accordance with management's [i.e. the City Council's] authorization, and [3] transactions are recorded properly to permit the preparation of general purpose financial statements in accordance with generally accepted accounting principles [GAAP]." The auditor found the following material weaknesses in internal controls: 1) The City of Nevis does not maintain general fixed asset records which show cost or historical cost. 2) Segregation of duties. The duties of processing transactions are concentrated in a limited number of people, which is not desirable from an accounting point of view. Ideally, the Report states, no single individual should be able to a) authorize a transaction; b) record the transaction; and c) have custody of assets. 3) The Report found that the City of Nevis does not have written policies or procedures for accounting functions in the areas of a) disbursements, b) imprest (petty cash) funds, c) contracting, d) receipts and utility billings, e) payroll and personnel, and f) EDP. Noncompliance. The report found the following to not be materially in compliance with state law: 1) An item of unclaimed property was not properly reported and turned over to the State Dept. of Commerce; 2) The City did not publish a summary budget statement; 3) An authorization for check signers on file at Northwoods Bank did not appear to have been formally approved by resolution of the Council; 4) There were irregularities concerning assignments for pledged collateral at Northwoods Bank; 5) The dollar amount of claims to be paid was not recorded in the Council's minutes, nor were the claim listings signed by the Mayor or Councilpeople, making it difficult to ascertain which claims had actually been approved, by the Council, for payment; 6) There were irregularities concerning claims for disbursements, and written claims had not been prepared for all of them. Additionally, a claim in the amount of $40,643, on a contract, paid to Bob Lindow Construction prior to council approval, was not endorsed by a majority of the Council as required by M.S. 412.271 Subd. 4; 7) As regards imprest (petty cash) funds, the Auditor found: a) it is uncertain whether they were ever formally established, b) claims for reimbursements were not prepared on a timely basis, c) a reimbursement included costs for a travel claim submitted by the City Administrator, and d) reimbursements for liquor store costs did not contain any supporting documentation; 8) A conflict of interest existed in a $132 payment to a councilmember for construction and installation of a bulletin board; 9) No amounts were deposited into the sewer replacement fund for 2000, and the Auditor could not verify the existence of a sewer extension fund; 10) Two contracts violated the state bid law. One, awarded to Robert Lindow Construction (Robert Lindow is the brother-in-law of current councilwoman Lavonne Lindow) for rehabilitation of the City administration building, should have been awarded on sealed bids, as the amount exceeded $25,000. On another, bonding requirements were not met. The auditor noted that the written contracts were not available for inspection; and 11) Oath of Office statements, by public officers, were not file with the City Administrator. Other Irregularities. State Auditor Judith H. Dutcher also disclosed the following in her Report: 1) The City budget a) does not contain estimates for revenues, b) is not entered into the City's accounting system, and c) is not used for monitoring expenditure of City funds; 2) As regards monetary transfers, a) none of them were formally approved by the City Council, b) written documentation explaining the purposes was not prepared, c) transfers for administrative services were based on estimates and supporting documentation was not available, and d) supporting documentation was not available for a $20,000 transfer from the cemetery account to the General Fund checking account. 3) As regards Cash Receipts, a) a collection for pool league fees had been held, during accumulation, by the liquor store manager prior to deposit, rather than being contemporaneously deposited as they were collected, b) pre-numbered cash receipt forms (a control to make cash more accountable and verifiable) were not used for all collections, and liquor store receipts are not deposited intact - some cash is retained for a change fund, and for other purposes. These accounting and control irregularities appear to be the result of City policy or lack of same as regards the operation of the liquor store, and there was nothing in the report indicating wrongdoing by the liquor store manager. 4) The Auditor was not provided with any written policy or procedures allowing a payment to the City Administrator of $2,160 for unused vacation, and $2,190 for health insurance; further, review of time cards of the City Administrator and Deputy Clerk disclosed discrepancies between hours worked and hours paid. (The City (presumably by Maureen Cirks, Administrator) responded that the vacation pay was allowed by a January 19, 1987 resolution of the Council, and that "past City Councils have approved" the cash payment for health insurance. The City also responded that the Administrator's and Deputy Clerk's pay was based upon an "average" of how many hours they are supposed to work, and the actual hours worked in any payroll period may vary.) 5) Cash balances in the city's accounting system did not agree with it's financial statements. Specifically the General Fund was understated by $10,554, with corresponding overstatements of $330 and $10,224 in the Fire and Sewer Funds, respectively; 6) Assessments for water and sewer projects were not properly reported as receivables; 7) Although a year-end physical inventory of the liquor store was taken, with report made to the City Administrator, a permanent record of that inventory was not maintained, preventing the examination of supporting documentation for the year-end inventory; 8) the 1999 financial statements understated the City's long-term debt, in the Water Fund, by $10,000. The State Audit Report recites, "We could not determine what caused the error." (The City responded that the debt amount was correct in the Administrator's records, but "was understated in the annual audit," (performed by the Pederson CPA firm)); 9) The Report noted certain limitations in the utility billing system, including that they are recorded when cash is collected rather than when billed; this condition increased audit time and the charges therefor in determining accounts receivable balances and associated revenues; and 10) Proprietary Fund fixed assets depreciation had not been updated for year 2000. Other Issues. 1) Under the Governmental Accounting Standards Board (GASB) Statements No. 33 & 34, new reporting standards will be required of the City of Nevis with years ending 12/31/01, and 12/31/04, respectively. The Auditor recommended that the City evaluate the procedure necessary to implement the statements and develop an action plan. 2) Although, per the City (presumably by it's administrator) a $20,000 transfer, in 1999, from the Sewer Fund into the general fund, and presumably paid to the City Administrator, was for back pay of 3 years' administrative services at $6,500 per year, as approved in the budget as "City Clerk Wages" (the City Administrator has said that her total salary is $35,000 per year, including benefits; additionally, the Deputy Clerk is at $17,000 per year, for this city of 364 people), with an adjustment for the extra $500 in 2000, the Auditor notes that $10,000 of the transfer, from the Sewer Replacement Fund Savings Account is not in compliance with Nevis City Ordinance No. 30, and the Auditor recommended that the City review said ordinance before approving and transfer of dedicated sewer funds. The City responded to this by saying that the balance of the fund, after the transfer, exceeded what was required, and the Auditor replied that the City Attorney should make a determination as to whether "the balance in the fund satisfies ordinance provisions." Absence of malice? There have been allegations made by Nevis citizens that the present financial woes of the City are due to collusion and misappropriation of funds, rather than just due to excessive salaries and disbursements and general mismanagement. The Auditor responded to these concerns: 1) Investigating an allegation that the severe cost overruns in the City Hall renovation in 1999 resulted in an improper transfer to then-Mayor Melander for renovations to an apartment building he owned, the Auditor, after reviewing 1999 disbursements, found no evidence of a transfer for that purpose; 2) The Auditor stated that she did "not have sufficient information to determine whether the former Mayor [Melander] and the City Administrator may have been involved in an alleged collusion and conspiracy;" 3) The Auditor stated that "We have no evidence to conclude that there was collusion and conspiracy between the former Mayor and the Hubbard County HRA to divert funds or resources for the former mayor's personal goals;" 4) The Report states, "We do not have sufficient information to determine whether the former Mayor and the private auditing firm [the Pederson CPA firm] may have been involved in an alleged collusion and conspiracy. The Report notes that Melander had previously stated that "the accounting firm had issued a private audit that commended the City's finances." Editor's Note: It is a well-established concept of auditing that, where collusion is involved, financial wrongdoing becomes very difficult, and sometimes impossible, to detect. That is one reason why the integrity of management is a very important factor in assessing control risk. -- Adam Steele, CPA, Editor Photo Captions (photos are not included in The Library edition): Citizens concerned for where their money went pore over the State Auditor's Report, which Wayne Parson supplied to the packed chambers from the box of bound reports. Nevis Mayor Phillip Harris has many times tried to implement internal controls, but has been thwarted by a stonewall Council. Nevis City Administrator Maureen Cirks handled the City's bookkeeping. --------------------------------------------------------------- A NEW WAY TO TEACH. Photo Caption (photos are not included in The Library edition): Sarah Ross and Seth Stout of the St. Paul based CLIMB Theatre entertained, motivated and educated 8th grade students at Bemidji Middle School by performing spirited and interactive skits designed to answer students' questions and provoke thought about higher ed and career planning. All in all, they performed 14 40-minute presentations, one for each of the class "pods", March 4th-6th, covering such ground as how to decide what college to attend, the ACT, 6 ways to finance college, and web sites to help kids with higher ed planning. "8th grade is a really great time to start thinking about the future," said Ross. Instructor, Mrs. Kishel-Roche, said that she was impressed because, "It was an active approach, and really kind of geared all the students. ... It was entertaining ...[and] has really gotten through to the students." ------------------------------------------------------- HEARTLAND WOMEN TO PRESENT PRESTON AT PINE RIVER BRUNCH BACKUS -- "THE COMPLETE PICTURE" is the theme for The Heartland Christian Women's Club Brunch and After Five Quest Night to be held Tuesday, April 16th at 6:30 pm., at the Mildred Fellowship Hall three miles N. of Pine River on Hwy 371. The cost will be $9.50 Wayne Preston of Chippewa Falls, Wisc. will be the speaker. Wayne is a retired social studies teacher and basketball coach. He and his wife have two sons and three grandchilden. Wayne will share how he was a very goal oriented young man. He tried to find the answers to life and death in sports, education and living a moral life. He will be sharing "How He Missed First Base." There will be Special Music by Myron Richardson and Mona Bean. The Special Feature will be given by Erlene Mills who does Wood Art (Intarsia). Due to seating, prepaid reservations and cancellations are a must - there will be no walk-ins. For reservations by April 12th, or info, please call Lynn Zaffke at 218-947-4602. ------------------------------------------------------ H. S. INVITATIONAL AT BEMIDJI ART CENTER BEMIDJI -- Area high school students will be displaying their works in painting, drawing, printmaking, ceramics, Native American art, jewelry, metals sculpture and graphic design at the Invitational exhibit, through April 30th, at the Bemidji Art Center on the Downtown Waterfront. A reception will be held April 7th, from 1-3 pm, including an awards ceremony and guest lecture. For more info, contact Suzi Rhae at 218-444-7570. ---------------------------------------------------- ARMY RESERVE ENCAMPMENT AT EELPOUT! Photo Captions (photos are not included in The Library edition): Master Sgt. Ryan Pels and Pvt. Brandon Simmons (driving the truck) of the 367th Army Reserves Engineering Battalion, at Eelpout at Walker, February 16th, 2002. The Reserves were here to build and maintain a high snow slide for the kids, and for recruiting. Despite a low snow winter, and a smaller fishhouse community on Leech Lake, a lot of people came for Eelpout, and there were a lot of fish caught. The headquarters tent was packed with donated door prizes, including a portable fishhouse and an ATV. Ken Bresley, Eelpout founder, said that community support of the annual event was "tremendous." A chopper was on hand to help pull out the really big ones. Dave Villier, from Cass Lake, samples Eelpout nuggets at the concessions tent. -------------------------------------------------------- TALENT GRACES STAGE AT LAPORTE Photo Captions (photos are not included in The Library edition): LAPORTE -- The audience that packed the LaPorte Community Center for it's Talent Show, March 22nd, might just as well have been watching the original Rogers & Hammerstein musical as Erin Tatter performed "I Could Have Danced All Night." If she sticks with it, she could well be Broadway bound. Lori Aust took the Grand Prize, adult division, for her vocal solo. Chris Roller receives his Grand Prize in the student division for vocal rendition of "The Little Girl." Other awards went to Samantha Heagerty, Ryan Dudley, and the band: "I Love Rock and Roll." The Talent Show is coordinated each year by Mrs. Bass, music instructor at LaPorte High School. ---------------------------------------------------------- Editorials - Opinion -------------------- HOW HIGH SHOULD PHILLIP HARRIS HANG? In the court proceedings, it has been uncontested, and it is undisputed, that at an August, 2001 Nevis City Council meeting, following what the Mayor perceived as a show of contempt by Nevis police officer Bob Potter, the Honourable Phillip Harris, Mayor of Nevis, displayed to Potter a particular one of Harris's ten fingers. This upset a lot of people including two councilmembers who walked out, of their own volition, for their own reasons; perhaps the meeting had gotten too heated, anyway, for business to be conducted. If Harris had displayed a different finger, or a toe, the results might have been different. But this is the forbidden finger (actually, you have two of them). This is the finger that offends community values, to where you never see it displayed by itself (there's usually a person attached to it) in public. Even kids are cautioned never to display that finger alone; and they never do - they'd get thrown out of school for that. If anyone, in these parts, displayed that finger in public, they'd likely be charged with disorderly conduct. But no one would do that. But Harris, in an effort to throw back some of the contempt he felt had been dished out by Potter, displayed that finger, believing it to be a protected and lawful expression. Since then, His Honour's political adversaries in Nevis, with the help of former City Attorney Masog, filed a charge of disorderly conduct against Harris, but additionally, later and perhaps realizing that disorderly conduct would not warrant removal from office, concocted (this is not a dirty word) a charge of Misconduct of a Public Official under Minnesota Statutes (M.S.) 609.43. This complaint, in addition to reciting the finger incident, also contained various allegations that Harris had raised his voice, intimidated and threatened city staff and exceeded his authority as mayor. As we earlier reported, upon investigation, these additional embellished allegations did not seem at all to noticeably tax the stockpiles of honest words in the English language (for investigation report, VSA analysis, and other pertinent information, see Corruption to Rule Nevis 'til 2003 - NH of 01/15/02 at northernherald.com). A credit to the Ninth Judicial District bench lies in the Honourable Judge Paul Benshoof. One of the most fair, just and impartial jurists on that bench, His Honour is known for taking the time to analyze and fully consider the cases before him, research as necessary, decide the case under law, and deliver a detailed opinion that would be worthy of the higher courts (where he'll probably end up - but when that happens, it will be a loss to the Ninth District). Accordingly, in his Order and Memorandum of February 8th, 2002, following Omnibus, Judge Benshoof found that the alleged arguments with staff, if they occurred, do not constitute misconduct. Further, in response to other trumped-up allegations, the memorandum recites, "There is no evidence ... that Defendant threatened the employees with physical harm ...I find no support in the record that Defendant threatened to fire the city administrator in a way that would constitute misconduct ...." And with that order the Court defined the finger incident as the sole issue which could constitute misconduct, under M.S. 609.43(2). Trial on that issue is set for June 11th, 2002 at Park Rapids. The Law. M.S. 609.43 states, in pertinent part, that it is unlawful if a public officer " ... (2) In the capacity of such officer or employee, does an act knowing it is in excess of lawful authority or knowing it is forbidden by law to be done in that capacity; ...." The key phrase here is "knowing it is forbidden by law." Except for that requirement, if the mayor turned out to be guilty of the simple offense of disorderly conduct, his having committed the act while acting in his official capacity (at a council meeting) might also render it the higher crime of Misconduct of a Public Officer. But, by that phrase, the statute requires that, to sustain a conviction, Harris would have had to have known that his hand gesture was illegal. There is no evidence in the record that he knew this; in fact, and quite to the contrary, Harris believed it to be a lawful expression. And the burden of proof, at trial, will be on the State to prove that Harris knew his gesture to be illegal, something that, under these circumstances, will be very difficult for the State to do. Whether the gesture constitutes 1) disorderly conduct or 2) protected expression, is another matter, which will also have to be decided at trial. If it is found to be disorderly conduct, and if Harris did it again, then he would probably be doing it with knowledge; it is then that M.S. 609.43 could apply. Good law? Generally, for most offenses, the maxim holds that "ignorance of the law is no excuse." But M.S. 609.43, Misconduct of a Public Official or Employee, is a crime of intent. Although an officer might be sentenced for the lesser crime (here, disorderly conduct), to be convicted of this greater charge and face possible removal from office, the officer has to know that what he's doing is illegal when he does it. The effect of this law is to prevent officials from being convicted under this, more severe, statute for lesser infractions that were without malice; those that were simply mistakes or errors of judgment. --------------------------------------------------------- -- ADVERTISEMENT -- It's time for a SMOKERS' BILL OF RIGHTS In Minnesota, smokers are treated like second-class citizens; but they're being asked to pay first-class taxes. It's time for a change. ADAM STEELE - CANDIDATE FOR STATE REP - DISTRICT 4A prepared and paid for by THE STEELE COMMITTEE, P.O. Box 1535, Bemidji, MN 56619 -- ADVERTISEMENT -- ---------------------------------------------------------------- PAPER THIEF NABBED PARK RAPIDS -- On March 20th, 2002, Park Rapids Police Chief Dave Volden reported that it had been ascertained that Timothy Michael Parker had stolen stacks of complimentary copies of the 2/16/02 issue of Northern Herald from several Park Rapids locations. Parker told police, however, that he later put the papers back. An in-law of Parker's (of the Manners family) had also been seen taking a stack. That issue carried details of past criminal charges against Parker (see the story Rock: Park Rapids ..., in NH of 02/16/02, available at this web site). Volden reported that the case (#02001212) had been referred to Hubbard County Attorney Greg Larson for charging. --------------------------------------------------------- A NOTE TO BAGLEY READERS: Some of our many Bagley, Minnesota readers may have had trouble finding the last few issues of Northern Herald. They've been there, but a competing publication, the Minnkota Shopper, has been delivering their copies, in stores, on top of Northern Herald. This cover-up has happened too regularly to be coincidence. If you don't see NH where you usually buy it, please ask a clerk. The Minnkota Shopper, is published by John Shindelar (pronunciation: sounds like "Swindelar"), a one-time sales agent for NH. It started as an attempted duplication of our Northern Auto and Boat Shopper, but with mostly dealer display ads. Shindelar's business ethic, obviously, is not beyond question. As his advertisers go, we can't speak for them, but one can't really sleep with sewage without beginning to smell like it. Would you buy a car from them? Shindelar also publishes The Backwoods Journal. -------------------------------------------------------- Photo Caption (photos are not included in The Library edition): A GOOD MEAL DEAL on E. 4th St., Grand Rapids. Beno's offers pizza buffet for both lunch and dinner. It's $4.99 for lunch, a buck more for dinner, and $3.99 for under 12. --------------------------------------------------------- If You Want Something Done Right, Do It Yourself ------------------------------------------------ HOW TO SUE THE BASTARDS The material presented herein is strictly for the sake of stimulating discussion - it is not to be taken to apply to any specific case, nor is it to be taken as legal advice. Not being lawyers, we are not permitted to give legal advice - we can only give the illegal kind. For legal advice, readers should contact an attorney, if they can find, and afford, one. PART 1 THE SMALL CLAIMS, OR CONCILIATION, COURT Earlier installments may be found at The Library at northernherald.com Installment 3 - Compelling Testimony. The Court is entitled to everyone's testimony. Some of one's witnesses may volunteer to come and tell their story. Others may have material information that supports one's case, but may not want to come forth. In Conciliation, as well as the higher Courts, it is up to the party desiring the testimony to compel the witnesses to appear by subpoena. Even if an important witness has said that they will be there, it's often a good idea to serve them with a subpoena, as if a Plaintiff doesn't do this, and the witness fails to show up, the Court will be less likely to continue (postpone) the matter and may require the Plaintiff to present his case then and there without that witness; because the litigant did not exercise due diligence in doing all that he could have to legally compel the attendance of the witness. The subpoena may also compel the witness to produce documents which he, otherwise, would not give the Plaintiff. This is called a Subpoena Duces Tecum. Normally, a subpoena requires that a small witness fee, and mileage, be prepaid to the witness. Normally, any judgement rendered will include these costs which the litigant must advance. A litigant may have writings and statements which bear on the case, but because they cannot be cross-examined, without the testimony of the maker of the documents, the Court may term them hearsay, and give them little or no weight. To use a subpoena form, the litigant may generally obtain the form, for a small fee, from the Court Clerk and fill it out on the spot. The Clerk will normally also be able to provide information as to witness fees, and how to serve it upon (deliver it to) the witness. The subpoena does not have to be prepared at the same time as the case is filed, but certain time limits, with reference to the time of trial, apply. Is the testimony material? The most important thing in deciding who should be subpoenaed is whether their testimony is material. In any controversy, there are usually many people who could comment on it. But only a few of these people, generally, would provide material, unduplicated testimony. If a litigant subpoenas unnecessary witnesses, the Court may disallow their costs (i.e. not add them to the judgment). In evaluating who to call as a witness, the litigant must ask himself, as regards each potential witness: 1) How will the testimony bear upon the elements of the claim that must be proven in Court?; 2) Is the testimony from personal, first-hand knowledge?; 3) Will the defendant, or his witness, likely testify falsely, and if so, can this witness give true and credible testimony contradicting and tending toward the impeachment of the defendant, or his witness?; and 4) Is this the best, most credible witness to testify as to the particular facts that he will address? Special Note re: military defendants: The complaint form asks if the defendant is in the military. That's because, normally, active-duty servicemen cannot be sued. However, nonpayment of valid debts is generally regarded as conduct unbecoming a serviceman. The best way to collect a valid debt owed by a servicemen is to contact his Commanding Officer (CO) and let him know of it. Usually, the debtor will then see fit to pay the debt promptly. To locate the debtor, and his CO, call the national military locator; their number is available from your local U.S. armed forces office. Note: A wealth of official information regarding bringing cases in Conciliation Court may be found on the Net at http://www.co.hennepin.mn.us/courts/ConcCt/ccmain.htm Although this information is specific to the Court at Minneapolis, much of the procedure is the same throughout Minnesota; fees vary, slightly, by county. This series continues with installment 4 - Other Evidence, next issue. ---------------------------------------------------------- Good Living - Food & Wine ------------------------- JEAN DUREE CABERNET SAUVIGNON (PAYS D'OC, FRANCE) Only since the '70s have Vins de Pays (country wines) been available for export from France. This is mostly a function of French law, which is very strict in matters of what grapes can be grown where, and how they must be labeled, so as to protect the integrity of the great classified appellations. It was revolutionary, with the advent of Vins de Pays, to, for instance, be able to grow Cabernet Sauvignon in the Burgundy region, where, generally (and except for Beaujolais), the only red produced is Pinot Noir. Labeling as Vin de Pays freed the wine producer from being known by the geography of the property, and allowed him to achieve greatness by his own product. Although some wines are bottled at the winery, don't look for the familiar "Mis en Boutille au Chateau" here; the use of the word "chateau" is forbidden with these wines, although "domaine" is OK. Although there are some disappointments, Sotheby's says that the Vins de Pays are some of the most exciting wines to now be coming from France, and some rival the great appellation wines. Again, they must be known by the producer, not his region. The wines are typically labeled by variety, i.e. Cabernet Sauvignon or Chardonnay, rather than region such as Bordeaux or Chablis. Pays d'Oc is located at the southernmost part of France, extending along the Mediterranean coast, right down to the Pyrenees on the Spanish border. From this region now comes an exceptional value in French wine: Jean Duree's Cabernet Sauvignon from Les Caves de Landiras (non-vintage). This excellent buy, which comes in a 3-litre box for about $13, is now generally available in the Northland from retailers such as Jim's Off Sale at Backus, and the retail liquor stores at Bemidji and elsewhere. Although priced and sold like box wine, this French product far excels most French vins ordinaires, and has a character more like a very good, but less distinguished, Bordeaux. Unlike the California varietal, which only has to be 51% Cabernet Sauvignon to be so labeled, the shipper states that this wine is 100% Cabernet. Fine for quaffing, one would not hesitate to also serve it with a good thick steak or well-prepared roast. The wine has a deep ruby robe, with the full taste of the Cabernet, and none of the bite. It has the distinctive gout de terroir found only in the wines of France; lots of fruit and essence of raspberries, reminiscent of the qualities of Margeaux (albeit abbreviated) and at a fraction of the cost. In short, this very reasonably priced wine has the flavour that will satisfy lovers of Cabernet, but a roundness that also makes it very palatable even to those who usually drink Merlot instead. ---------------------------------------------------------------- BAREFOOT AND PREGNANT Contemporary Ladies' Perspective, Advice and Tips by The Lady Steele HOUSEHOLD HINTS - Fresher Lettuce For years, various companies have been trying to come up with a container that keeps lettuce fresh and unrusted. Actually, the best trick for this is not new-fangled - it's been around for as long as paper towels. Yep, just wrap a paper towel around the head, and put it, otherwise uncovered, in a bowl or plate in the refrigerator. This really does make a big difference - the lettuce may stay fresh and crisp for 3-4 weeks. ------------------------------------------------------------ NOTICE OF OPENING OF INVESTIGATION OFFICE MAX - REBATES Northern Herald has opened an investigation into the advertising and practice policies of Office Max, and the firms allegedly offering rebates for purchase of their merchandise at Office Max. If you 1) purchased merchandise, for which a rebate by mail was offered, from Office Max, 2) complied with the rebate instructions, and 3) did not receive your rebate within the time advertised, please contact this newspaper at 218-759-1162. ---------------------------------------------------------- WAL-MART OPENS AT BEMIDJI BEMIDJI -- Colleague Editor Brad Swenson once wrote "Gas is always a few cents higher in cities whose names end in a vowel ... and begin with a 'B'... and have a 'dj' in the middle." But maybe no more. The Bemidji gas price dropped noticeably last month when Wal-Mart(R) opened their gas station, a few days in advance of the Grand Opening of their main Supercenter. The store brings national merchandising to Bemidji, and they offer to match any advertised price - not just groceries, but anything, from, e.g., K-Mart's (R) and other ads in the greater region. Photo Caption (photos are not included in The Library edition): Wal-Mart staff gave over $44,000 to local schools and charities. ------------------------------------------------------------- THE SESSION ST. PAUL -- Some significant bills before the current legislature include: House File 2660, sponsored by Reps. Erickson, Otremba, Eastlund, Buesgens, Anderson, B., and other authors, which would incorporate, into school health (romantic education) programs the axiom that, " ... marriage is the foundational social institution in society;" and requires District programs to educate students, "(1) on the value of marriage, its historical purpose and its significance; (2) that abstinence from sexual activity outside marriage and fidelity within marriage is the expected standard; and (3) that sexual activity outside of marriage is likely to have harmful emotional, physical and social effects." House File 3533, dubbed "Haley's Law," coordinated by John Welker of the Family and Youth Institute at Shakopee (952-445-2590), and sponsored by Rep. Buesgens, and other authors, would put stiff penalties in place for those who falsely accuse a person of child abuse, with the intent of influencing a child custody hearing. It would also establish guidelines for investigating whether there is any factual basis behind such accusations; and reduce the immunity of child protection workers. It had been asserted that many false criminal cases, and complaints for orders for protection, some assisted by well-funded "child-protection" agencies, and by "women's shelters," have been brought against men for the ultimate purpose of unjustly influencing future child custody hearings. ------------------------------------- ISSUE OF 02/16/2002 - VOLUME 7 NO. 5 ------------------------------------- Leading Edge Journalism ----------------------- A Tale of Two Neighbors ROCK: PARK RAPIDS POLICE INACTION LED TO SHOVEL JUSTICE John Rock says PR police wouldn't act to protect his family from harassment. PARK RAPIDS -- Blatant discrimination by Hubbard County Attorney Greg Larson, and particularly by the very highly corrupt* Asst. Co. Atty. John Masog, to whom the cases were assigned, and also by the Park Rapids Police Dept., in failing to enforce a harassment restraining order on behalf of John Sloane Rock Jr. against Timothy Michael Parker, both of Park Rapids, caused the situation to escalate to the point where, on Sept. 26th, 2001, Rock had to use a shovel to drive Parker away from Rock's family and residence. Masog, of course, then charged Rock with 2nd degree assault (case no. 29-K0-01-684). The matter was tried on 01/22/02, and at presstime, had been taken under advisement with verdict pending. Court files disclose multiple incidents of alleged violation, by Parker, of the mutual restraining order; in all cases, Masog has refused to prosecute and has sought dismissal. The most recent case (no. 29-T1-01-2038), previously set for trial on 02/13/02, was, by Masog, dismissed on February 7, 2002. Timothy Parker's wife is Lorette Manners Parker. She is the daughter of former Citizens on Patrol member Charlie Manners, and the sister-in-law of Hubbard Co. Law Enforcement Center (LEC) dispatcher Vickie Manners. Per the statements of John Rock and Lorette Parker, speaking on her husband's behalf (Tim Parker refused to be interviewed, but did make limited statements as noted, post), both Rock and Parker just want to be left alone. There are differing accounts of how specific incidents took place, but both agree that they had normal neighborly relations prior to the February 25th, 2001 crowbar and baseball bat incident. That's when things changed. Curiously, both Rock and Parker fault Park Rapids police for inaction as hostilities and acts escalated. Rock, 36, a respectful and very polite man, who, in conversation, routinely addresses people as "sir" and "ma'am," is a Native American who works in Park Rapids as a carpet installer. Rock and his fiancee, Candace Kimball, have one daughter, who lives with them. Parker, 32, receives worker's compensation and his wife is unemployed. They have two children. Beginnings of hostilities. Rock said that his family had always tried to be friendly with their (then) neighbors (across an alley at the rear of their homes), the Parkers, even offering them formula, that the Rocks could not use, for their child. "I've known the guy [Parker] from prior history, before, to have a bit of racial problems with Native Americans. But we were neighbors ... we tried to do things and help them ... we were neighbors ....," Rock said, later adding, "I know that when he was in high school, he used to be in fights with ... Native Americans, because he'd call them prairie niggers and other words like that." Parker denied the incidents being racially motivated - he said that one of his best friends is a Native American. In February, 2001, Rock noticed that Parker was making efforts to surveil the Rock residence - driving by many times each day, "but we really didn't pay much attention to it," he said. As more time passed, though, Rock observed, "He was constantly watching us ... he'd pull up into his alley and turn [his car] around ... just to watch us in our yard." Crowbars and baseball bats. Still, Rock did not complain, until, "All of a sudden, it broke down February 25th, [2001, at about 4:30 p.m., when] a friend of ours was plowing our driveway and the back of the alley ... and the next thing you know, he [Parker] was shaking his fist in the alley at my house, and giving me the middle finger sign, and chopping his arm like that [motions], at my house." "I walked over there," Rock continued, "and my mistake was, I grabbed a tire iron because I knew he wanted to fight or something and I knew he had a baseball bat ... and then he wanted to know why we were plowing our [other] neighbor's yard, ... which is nowhere near him, and I told him that it was none of his business ..., and he proceeded to tell me to 'Get the ... [make love] ... out of my yard, prairie nigger.'" Rock reports that Parker, from his back door, then tried to incite Rock and lure Rock into Parker's house, "... he had a baseball bat and he was telling me, 'come inside my house, you ... [making love] ... prairie nigger, and I'll kill you in here.' I ended up walking away and went back to my house," Rock said. Lorette Parker called police. Rock continues, "The cops came over, they listened to his story, and then when I told them my story, the officer [Parks] told me to 'shut up'. ... [Officer Parks] took my statement down, took the crowbar, took his [Parker's] baseball bat." Rock stated that Parker accused Rock of scratching his truck and denting the side of his door jamb; and Rock denied that he had done so. Lorette Parker, speaking on her husband's behalf, said that she witnessed the incident and denied, in recent interview, that Tim Parker had made any gestures or initiated a confrontation with Rock. Regarding the racial slurs attributed to Tim Parker, Lorette said, "Tim had never even heard of some of them ... he turned to me and asked me what they meant - never heard of, never used them, never nothing." Tim Parker, before terminating his truncated interview, when asked if he had ever used the term "prairie nigger," said, "Not outside of my own house ... I may have said it in my home." But investigating officer Parks wrote in his report, on scene at the time, "Based on the statements of those present, Officer Parks determined that ... [Rock] was having some snow plowing done when Tim Parker, a neighbor, started to make gestures in the direction of Mr. Rock, including obscene gesture of raising his middle finger while pumping his fist up and down, as well as other gestures." On March 13, 2001, Parker was charged with disorderly conduct (case no. 29-T6-01-494) for the events of February 25th, but on June 4th, his attorney, William Jones, of Park Rapids, represented to the Court that Police Chief Dave Volden "was taking care of this matter. I just spoke with [prosecuting attorney] John Masog about it, and he said he would go along with whatever the chief of police does." Masog moved to dismiss the case on July 23, 2001. There is no evidence that Volden ever took substantive action to correct the problem. On March 13th, Rock was also charged with misdemeanor trespassing (case no. 29-T4-01-493) in conjunction with the Feb. 25th incident. The complaint alleges that Rock swung his crowbar at Parker after Parker displayed to Rock a certain one of his ten fingers. This charge was ultimately also dismissed on Masog's motion on July 23rd, 2001. Shortly following the February 25th confrontation, Parker installed motion sensor floodlights on his garage which shined into Rock's bedroom windows and, per Rock, kept him awake. The lights were close enough to the Rock premises that they would go on when Rock or Kimball went to their own garage, and, per Kimball, sometimes Tim Parker would simply go back there and walk around so they would turn on. Rock and Parker each procured a temporary harassment restraining order against the other. Parker's petition claimed that Rock had threatened him with the crowbar, abusive language, and the property damage which Rock denied. Rock's petition alleged that 1) Parker had called Rock abusive names including "prairie nigger" and "halfbreed giggaboo"; 2) Parker drives "around our house 20-25 times a day," harassing and antagonizing the Rock family; and 3) Parker had "put up floodlights directing towards our house." On March 12th, before Judge Mondry, Rock and Parker agreed to the issuance of a 2 year mutual restraining order prohibiting harassment (HRO), prohibiting Rock and Parker from having contact with the other, prohibiting them from driving by each other's houses, and specifying that they shall not come within 500 feet of the other. Per Rock, Parker continued to loiter in front of Rock's home; and "we had parking in the alley. Every time I went out or ... [Rock's fiancee] went out to start the car [and] leave, he would come out and get into his car and try to start a confrontation of cars," Rock said. Rock said that when this would happen, "I would just go in the house and wait for him to leave ... he was trying to cross our paths." Rock stated that once the restraining orders had issued, Parker began making baseless police complaints of violation of the HRO, by Rock, and also complaints against another neighbor, several times a week, amounting, per Rock, to over eighty complaints during the year. Lorette Parker denied that complaints were being made, by Parker, that frequently. Although an actual total count was not taken, Rock produced, from a stack of documents, examples of some of the police reports made by Parker, dated 3/9/01, 3/14/01, 3/19/01, and 3/21/01, to indicate the frequency. Regarding these complaints, Rock said that he never had intentional contact with Parker, "We tried to stay away from them," he said. Police found most of Parker's complaints to not constitute any genuine violation of the mutual restraining order which would warrant prosecution, and were not referred for same. On April 19, 2001, Rock had occasion to make a complaint that Parker was teasing and molesting (not romantically) Rock's dog. Officer Carrie Masog responded, and advised Parker and Rock to "stay away from each other and not to go near the other's house; both agreed." Parker's harassment of the Rock family, though, continued unabated. On May 28th, 2001, Rock found the Parker family, on bicycles, in the alley behind his yard. Per Rock, Tim Parker was going back and forth whistling at and teasing Rock's dogs, leashed in Rock's yard. Rock said that, seeing this, he pushed Parker off his bike; Parker continued to taunt Rock and dare him. Following the continued harassment and racial slurs, Rock picked up Parker's son's bike and threw it, and a rock, toward Parker. The rock did not hit anyone. Rock was arrested for 5th degree assault (case no. 29-T5-01-972). No action was taken against Parker for his blatant violation of the HRO. Lorette Parker claimed that Rock pulled their son's bike from under him, and threw it; but Rock wholly denied this claim, and reported that the children had gone in the house by the time he approached the child's bike, which had been left on the ground, and threw it at Tim Parker. The charge was ultimately dismissed on July 23rd. Rock also produced documents evidencing troubles another neighbor had with Parker. A police incident report, dated February 28, 2000, stated, "complainant ... Curtis Morgan stated that Parker was driving in between the houses and looking in his windows, trying to aggravate him." An earlier report of February 2, 2000 said that Tim Parker had been trespassing on the property of, and threatened neighbor Curtis Morgan. The investigating officer noted on the report, "Both, a couple [of] hothead[s] and will continue to be a problem until one leaves." Rock calmly said that he spoke with Hubbard County Sheriff Gary Mills regarding Parker's floodlights, and was referred to Park Rapids Police Chief Dave Volden. Per Rock, Volden told him that he'd "look into it." But Rock said that he didn't hear back form Volden on the matter. Lorette Parker said that Volden never contacted the Parkers regarding the matter. As of presstime, Volden had failed to return Northern Herald's call for comment. By June, 2001, Parker had contacted Minnesota Power and arranged for them to install powerful "security lights" in the alley over Rock's garage, and to cut trees on Rock's premises. On June 15th, Rock filed an Affidavit and Order to Show Cause for Contempt, relating to Parker's violation of the HRO. In his affidavit to the Court, Rock said that Parker was spying on Rock's family from a neighbor's garage, teasing his dogs, making unfounded police complaints regarding Rock's dogs being at large, walking up and down the alley laughing at Rock, spitting in Rock's yard, and making degrading remarks about Rock and his family, to his [Parker's] children, loud enough for Rock to hear. Rock's affidavit further alleged, "... we now have two street lights put in ... my yard, which Tim Parker ... requested, and [Parker] has asked Minnesota Power to cut my trees down, which act ... as a fence for my yard. ... I have numerous witnesses who have seen Tim Parker's actions." On July 18th, Parker was ordered to remove one of the lights. He did so, but he then changed the bulb in the other, from 100 watts to 250 watts. On August 14th, attorney Robert Tiffany, representing Rock, requested that the matter be reopened for violation of the HRO. At the hearing, August 30, 2001, before Judge Mondry, John Rock was present. Parker did not attend but was represented by attorney William Jones. Tiffany said that the increased intensity of the light violated the "spirit of settlement." Jones asked that the matter be dismissed. On Sept. 14th, the Court ordered that Parker replace the 250 watt bulb with a 100 watt bulb, and sentenced him to 15 days in the Hubbard County Jail, stayed pending compliance with the order to change the light. On September 5th, Rock reported to police that Parker had, again, violated the HRO by stalking him with binoculars (photo, page 1, taken from Rock's videotape) and, again, making gestures to Rock. Following the report being taken by Officer Carrie Masog, and her seeing the said videotape, Parker was arrested for the violation, and officer Carrie Masog's report reflects that, in the back of the squad car, he admitted that he had been watching Rock ever since Rock had been home from work. The report recites that Parker attempted to justify his stalking, "Parker said that he felt he had to as he was scared of what Rock would do." In interview, conversely, and perhaps unaware of the police report, Lorette Parker, speaking on her husband's behalf, denied that Tim Parker was watching Rock and said that they were just playing with a pair of binoculars that she said didn't work, "So if they were looking around, they weren't even looking at him." Parker was released on Sept. 6th, upon posting $250 bail. The charge, though, was eventually dismissed, on October 11th, 2001, by Judge Smith, on (Parker's) attorney Don Dearstyne's motion. Parker's bail was returned to him. Rock said that although the video provided evidence of Parker's stalking, after police received the copy of it which they had requested, "they came [back] ... and arrested me," for making it. No formal charge appears to have resulted. The J & B incident. On September 23rd, 2001, at about 6:17 p.m., Rock made a report to Park Rapids police of Parker violating the restraining order by following Rock to the J & B Foods store, south location, in Park Rapids, and yelling racial slurs from the frontage road by the store's parking lot. The police incident report recites that, per Rock, "when they [Rock and his 3 friends] exited Rock's residence, they saw Parker driving northbound in the alley between Gilbert and Washington Avenue; this alley is a block west of Rock's residence. ... When they passed the alley ... they noticed that Parker had turned around and was now traveling southbound in the same alley [so to follow Rock]. Rock stated that Parker then followed them to the J & B south store. Rock stated that Parker drove by the parking lot, on the frontage road; he was yelling racial slurs out the window including 'prairie nigger.'" In what sounded like a carefully prepared response, Lorette Parker said that this chain of events never occurred. In interview, she said that Tim Parker wasn't following Rock, that it was just coincidence that they were at the J & B lot at the same time. She said, "It's a small town; people end up at the same place at the same time; he was not followed; there is no evidence that he was followed." Initially, Lorette said that when Parker saw Rock in the parking lot, he came home. But when later questioned about the possible exchange of words at the parking lot, Lorette Parker said, "They had their share of words ... [extended pause] ... I don't exactly remember ... at this point it doesn't matter." And the police report, by Officer Parks, continues, "Over the telephone, regarding the incident, Parker stated that the reason he followed Rock was because of a previous incident between the two of them. Parker stated that some nails were thrown in the alley between their houses. Parker felt that Rock was the individual who'd thrown the nails there. ... Parker stated that when he pulled into the parking lot at J & B, Rock and his friends were standing outside of Rock's vehicle, yelling at him [Parker]. Parker stated that he was scared to get out of his vehicle, so he turned around and left." In interview, Rock denied knowledge of the nails in the alley. Rock denied that he or his friends were yelling at Parker, and said, "No, sir, we got out to go into the grocery store, is what we were doing." Confronted with the police report, which seemed to impeach her statement, Lorette Parker said that Officer Parks made a mistake in taking down the contemporaneous information; "It was a statement on the phone, that Officer Parks wrote down, and it is definitely not what Tim said to him," she said. Officer Parks's report also contains the statement of witness Chad Robertson, who was with Rock, and corroborated Rock's version of the facts. Other eyewitnesses, with Rock, were Darrol Shepersky and Steve Gethling. John Rock submitted a statement to the Court, "After the J & B incident ... when I told my mate what happened ... [she told me] ... that she had made a report to the police that Tim Parker was walking back and forth on 7th St. & Gilbert Street, sticking his middle finger up at her and our 2 yr. old daughter. This situation is totally out of hand." On October 11th, 2001, Parker was charged for violation of a harassment restraining order (case no. 29-T1-01-2038) for the J & B incident of 9/23. Following his not guilty plea, the matter was set for trial on February 13, 2002; but on February 7th, 2002, prosecutor John Masog again moved to dismiss the counts against Parker, and the Court granted the dismissal. Per both Rock and Lorette Parker, prosecutor John Masog told them, as his reason for dismissal, that John Rock's witnesses wouldn't provide statements. Following the dismissal, Northern Herald, however, interviewed eyewitness Chad Robertson who said that other than the initial police interview, "We were never asked to. We [Robertson & witness Shepersky] went to court every time and they [prosecutor John Masog] never asked us to." Robertson said that Masog and Police Chief Volden had his current phone number and knew where to contact him for service of a subpoena, if necessary, and, "I'm pretty sure they knew where I worked, too." Robertson said that witness Gethling was also willing to testify, if needed. Northern Herald, of course, contacted John Masog by telephone to see if there was any shred of justification, whatsoever, for his handling of the case. Per Masog's brief (taped) statement, he said, " ... My butt. I'll talk to someone from the legitimate press, not from you. Goodbye," and he hung up without substantive comment on the case. (We note that, unfortunately, the "legitimate press" has not seen fit to fully cover the gross injustices dealt in this matter. If they had, we wouldn't have had to. We suppose that if they ever do, Mr. Masog will see fit to make his statement. Watch for it! -- Ed.) Shovel of Justice. Per Candace Kimball's (Rock's fiancee's) statement to the Court, on or about Sept. 19th or 20th, at about 5 p.m., while Mr. Rock was at work and Kimball was pushing their daughter in the backyard swing, Kimball noticed the Parker family riding bikes near the Rocks' yard. "When I looked at them, Tim Parker would laugh and give me the middle finger. After seeing him continue to do this for about 4-5 times, I called the Sheriff's Dept. and told the dispatcher I needed to have a police officer call me. ... Officer Goldhammer called me back. ... He said there wasn't a whole lot he could do to help me because Tim and his family didn't come onto my property. ..." Kimball said that she thought something should have been done because Parker was within 500' of her and her daughter, which she believed to be in violation of the HRO. Rock said that after work, on Sept. 26th, he was putting up a high fence to prevent Parker from continuing to stalk his family with binoculars. Seeing Rock, Parker, bicycling with his son, turned and came down the alley, "I heard him say, 'nigger.' I had the shovel in my hand and I went over there and I whacked him on the back of his neck ... and on his arm." Rock said that Parker "took off running" and went into another person's house. Asked the intensity of the shovel blows, Rock said, "It was more of a tap, to scare him to leave my family alone," and said that Parker wasn't really injured by the incident. Rock said that he approached the house into which Parker had run, but then turned around to go back home. "When I got back onto our block, he [Parker] had come out ... and was standing on the road [saying], 'nigger, nigger, nigger, nigger, nigger, nigger, nigger.'" Rock just walked home. "His wife had already called the cops, and ... when he got onto his property ... he played [that] he was injured, and fell, collapsed, down on his face, onto the grass," Rock said. Rock said that he acted because he believed that police were not going to stop the harassment, despite the restraining orders - each time there had been a violation by Parker, it was dismissed without penalty; the last incident, Sept. 19th, police refused to even reprimand Parker. "I had warned the chief of police (Volden) that if he and his policemen don't do nothing that I was gonna. ... I assume that ... [the] crisis ... of my family ... was a joke to them, because nobody was doing nothing." On Sept. 27, 2001, in a complaint signed by Chief Volden and Co. Atty. Gregory D. Larson, John Rock was charged (case no. 29-K0-01-684) with the felony of 2nd degree assault with a weapon, causing bodily harm (M.S. 609.222 Subd. 2) and violation of a restraining order while possessing a dangerous weapon (M.S. 609.748 Subd. 6 (d) (4)). The assault charge carries a penalty of up to 10 yrs. and/or up to $20,000 fine; the HRO charge, up to 5 yrs. and/or up to $5,000. In her version of the story, Lorette Parker said, "As I stepped outside the door, [John Rock] was chasing [Tim Parker] across our yard, beating him with a shovel." Lorette Parker said that she did not hear any racial remarks. The complaint basically recites the facts as related by Rock, except that it omits that Parker initiated the confrontation and does not mention his initial harassment by racial slurs; and it repeats Lorette Parker's claim that, "Mr. Rock chased ... [Parker] and continued to hit him in the back." Rock denies that allegation, "I chased him, but I didn't continue to hit him because I couldn't catch him." Investigating officers Carrie Masog and Swanstrom observed Parker at his home and observed, per the complaint, "a large bump on his forearm and marks on his back." Possibly to better substantiate the charge, Parker eventually went to a local emergency room. John Rock said that Co. Atty. Larson should have been familiar with the situation because, "I, ... my future wife, my neighbors, and Winona LaDuke (a human rights worker at Ponsford) had all got together and had a meeting with Greg Larson about what is going on ... [due to] our neighbor [Parker] and nothing ever happened, either, with that." Rock pled not guilty to the charges stemming from the events of Sept. 26th, and trial was held January 22nd, 2002. Represented by Bemidji attorney Darrell Carter, Rock waived jury trial. Following the court trial, the matter was taken under advisement and, at presstime, remains so, with verdict pending. Because of the trouble with Parker, and pursuant to conditions of release on the shovel incident, Rock finally moved across town; but he said that Parker continued to stalk the family at their new location, frequently driving by, and in November, 2001, Rock found it necessary to have the HRO modified to prohibit Parker from coming near the new residence. Lorette Parker claimed that prior to service of the court papers, the Parkers didn't know that the Rocks lived there. "We were told that he was moving out of town; we had no idea where Mr. Rock was even living," she said. But the affidavit, filed by Rock on November 13th, 2001, stated that the previous Saturday, he and Kimball, his fiancee, saw Parker drive by their new residence, "and now is walking by our place, one-half block away." The affidavit continues that Rock and Kimball stopped at the J & B store across the street and observed a truck that they believed to be Parker's turning near their residence. "I've seen this black pickup before with Tim Parker driving by three or four days prior ... this is the third or fourth time, now, we've seen Tim Parker driving by our front door and where we park our cars." On November 21st, the Court amended the HRO to prohibit Parker from coming near the new residence. An eyewitness, David Felix Hanson, wrote a letter to the Court saying that he had come over to Rock's new residence, November 22, 2001, to wish Mr. Rock a happy Thanksgiving. "I was amazed to witness Mr. Parker pass within close proximity of our location no less than five to seven times," Hanson reported, "Does this man have nothing better to do on Thanksgiving than to drive a [sordid] maze of neighborhood streets in an obvious effort to harass and agitate a situation he's well aware of? ..." Lorette Parker said, "More than anything, what ... [we] want ... is to be left alone. We want peace." On November 21st, 2001, Mr. Rock submitted a statement to the Honorable Judge Mondry. In it, Rock said (edited for grammar & punctuation), " ... My plight is to keep Parker away from me and my family. Parker claims he wants me to stay away from him and his family, when, in fact, he continues to show up where I'm at. Parker had told the Courts he is a frequent user of [near Rock's residence] Long Vans, Journeymen's Inn and Dan's Repair; when, in fact, Long Vans has been closed since April [2001]. ... Journeymen's Inn and Cafe have never seen Parker or his family in their establishment [a letter from Journeymen's owners was included with the submission to the Court]. ... "We have moved ... to get away from Parker and try to put an end to what is going on. If Parker doesn't want me around him then why does he insist on being in the neighborhood where we [now] live...? "We have moved from a house where we had lived for five years and has sentimental value to us, and ... [where we] raised our two dogs which we stud[ded] out and ... [made] $800 to $1,000 a year. Now [due to their new apartment] we have no dogs. We had a yard so our little girl could play outside, now we have no yard. ... "I do apologize for being in your courtroom so much and I pray to God that this would soon end." Closing his interview, Rock said, "I feel that if the police would have done what they were supposed to do on violation of a restraining order, following me and calling me a prairie nigger, or calling my girlfriend and my daughter a prairie nigger, this situation [the shovel incident] would've never happened. ... I'm afraid this isn't going to have any closure to it." Rock said that Parker continues to try to encounter the Rock family on the road or in public places, and intentionally goes into stores that they're shopping in; that this is happening too often to be coincidence. *opinion of Northern Herald - for further information, see NH of 12/15/01 at The Library, below. Photo caption (photos are not included in the Library edition): Caught by a hidden camera, in late September 2001, but prior to the shovel incident, Timothy Parker shows his infant son how to spy on Rock with binoculars. The child, in foreground, is holding the binocs as he peers at the Rock family from a partially opened doorway in Parker's gargage. The light shadow image, in tank top, behind the child, is Timothy Parker. Reporter's note: Based upon the interviews and the many times she crossed herself up or was crossed up by the credible evidence, it is our opinion that Mrs. Lorrette Manners Parker's words have, primarily, intrinsic wind value. They should be ascribed worth only in proportion to the quantity of air movement they generate, at prevailing rates of trade for that movement. We believe that if she told someone that the sky was blue, it might just as well be overcast that day. Readers can judge for themselves, of course. --------------------------------------------------------------- NEVIS MAYOR RECEIVES SPHERES NEVIS -- John Adams spoke of "A government of laws, and not of men." And so it is. It is our unique compilation of laws that sets our great nation apart from all others. A melting pot of ethnicity, there's no other distinguishing characteristic between an American and, say, a Frenchman. It is the laws of this nation, its corpus juris, that have established and maintained a system of order that has endured for longer than most; that have made it the mightiest nation in the world, ensuring liberty, restraint of power, prosperity and opportunities so vast that people from all over are still clamoring to come here. Put simply, it is law that gives one the liberty to drive from LaPorte to Akeley, and it is also confidence in and respect for the law that keeps him from having a head-on with every car coming the opposite way. It is law that gives people day-to-day security. When it starts to break down, confusion results. That's what's happened in Nevis for the past few months. Each year, Northern Herald awards the Steele Spheres to a person who has shown exceptional valor both within and beyond the call of duty, and particularly in the face of adversity. For his fine work to keep Nevis government in compliance with Minnesota law, the year 2001 Steele Spheres were awarded February 11th, 2002 to Nevis Mayor Phillip J. Harris. ------------------------------------------------------- Leading Edge Journalism ----------------------- POOR SERVICE, POLICIES AT AMERICINN, BLACKDUCK, MAY HAVE CONTRIBUTED TO PATCH KILLING BCA Investigation Reports Tell Story BLACKDUCK -- There is little question that when one pulls a gun on a law enforcement officer, he's buying a trip to heaven. That much is incontrovertible. Still, the analysis, by the Minnesota Bureau of Criminal Apprehension (BCA) of the bloody killing of Mark Allen Patch in the lobby of the AmericInn, Blackduck, last summer, discloses that the policies and actions of AmericInn staff might have been directly responsible for the sequence of events that led to the slaughter. By their actions, which can best be described as non-consumer oriented, including providing the exact opposite of the lodging the consumer requested, and then refusing to issue a refund, so the customer could just leave, when he was dissatisfied, AmericInn staff, in effect, created a ticking time bomb in dealing with an emotionally-troubled Patch. And it was an AmericInn clerk who summoned police, although she said, on the 911 tape, "He's not really causing [problems]." That's when police came, surprising and frightening Patch, who may have been suffering that night from paranoid delusions, engaged him in a gunfight and struggle, and killed him. Contacted for his comments on the level of service rendered Patch at AmericInn, and exactly what their policies were regarding room assignments and refunds, Ron Anderson, owner of Anderson Fabrics, Blackduck, and principal of AmericInn L.L.C. which owns the AmericInn there, refused to comment. In a brief telephone interview he said, " ... if you want to check into any of this, why don't you call the police department, because they ... [looked into it] very thoroughly [hang up]." What happened. In a nutshell, on the evening of July 29th, 2001, Mark Patch, 26, agitated and concerned for his safety, rented a room at AmericInn. He was accompanied by his mother, Kathy Patch, and his sister. Mark Patch specified that he wanted a secluded room, as far from the motel entrance as possible. The desk clerk, Paul Bechtold, instead, gave him a room near the entrance and front desk, and refused, when, after a few minutes, Patch found the room unsuitable, to give a refund. Patch remained unsettled, and spent most of the early morning hours not in the room, but in the lobby. At 5:05 a.m., July 30th, relief desk clerk Freida Darlene "Dolly" Shastid called police. Shastid told the dispatcher that Patch wasn't really causing any problems, and "He's in the breakfast area but he's been awake all night." The 911 tape discloses the LEC dispatcher then saying, probably to officers en route, "... extremely agitated. He's been up all night and possibly on some type of controlled substance." There is nothing in the 911 transcription indicating that the dispatcher was told anything which might have led to a supposition of controlled substance use. The dispatcher said, to Shastid, "Ok, we'll have the Sheriff there just to make sure there's not a problem." Beltrami County Deputy Greg Winskowski and Blackduck Police Chief Matt Grossell arrived shortly. They found Patch seated on a couch, near the lobby fireplace. As the officers approached, Patch pulled a gun. Chief Grossell dove towards Patch, trying to grab the gun, and began to wrestle with Patch. Patch discharged the gun twice, one shot going wild and one severely injuring Grossell's arm. That's when Deputy Winskowski blew Patch's head off. An analysis of the statements taken by BCA leads to the inevitable conclusion that Patch, not rented the room he requested, was uncomfortable at the AmericInn and had requested a refund which was refused. That's why he was pacing the lobby that morning. The BCA interview, taken by Special Agent Phil Hodapp, discloses that Paul Bechtold was working the front desk at about 10 p.m. July 29th, when Patch and his mother, Kathy, arrived to rent Patch a room. Kathy Patch filled out the check-in form. She requested a room as far away from the front desk as possible - a second floor room, if available. Some customers may want a remote room for quiet and privacy; but Bechtold stated to the BCA that when people make that kind of request, he usually places them closer to the front desk due to the fact that they may be "up to no good." Hodapp's report states that Kathy and Mark Patch went to their room, #105, and after ten to fifteen minutes, returned to the desk. The BCA report recites, "Again, Kathy Patch and Mark Patch stated that they wanted a room further away from the desk and Bechtold stated that they did not have ... [another] room available .... Mark was dissatisfied with the location of the room and seemed to be upset by this. The Patchs asked if it was possible to get their money back. Bechtold replied he did not believe he could refund their money once they were checked into the motel...." The report continues that Bechtold telephoned the AmericInn manager, Cyndy Winkelman, and inquired if they could return the money to the Patch family; Winkelman stated that they could not return the money. Now, after the shooting, Kathy Patch asks, if Bechtold was worried about there being problems, "Why didn't they just give the money back?" And this obvious question arises: If Paul Bechtold thought Patch might be trouble, why, instead of lying to him about room availability and giving him a room he didn't want, didn't he just give him a refund and send him on his way? Northern Herald attempted to ask Bechtold that, and also to take any other comments he might have. But upon inquiry, Bechtold just said, "I have nothing to say about that, sir; I'm sorry," and he refused to make any comment. Kathy Patch explained, "If they were worried about [that] he [Mark Patch] was up to something, they could have asked me 'Well, why do we want a room further away from the desk.' We wanted the least amount of noise so he could become un-paranoid or whatever, so he could get some rest ... that's why we wanted a room. It wasn't that he was up to anything - if he'd have had the room away [from the front] he probably wouldn't have been down in the lobby." AmericInns are one of the nation's most exorbitantly-priced motel chains. Still, per their apparent policy, customers seeking quiet and solitude at the AmericInn, Blackduck, may not receive the room they want - they may get lied to by the desk clerk, and owner Ron Anderson has nothing he wants to say about this. We note that some Blackduck visitors who prefer a better standard of service may find more commodious and reasonably priced lodging, as well as country charm, at the more traditional Drake Motel, Blackduck, instead. -- Ed. Editor's Note: For further reading on how the Beltrami County Sheriff's Dept. has dealt with armed subjects not (initially) posing a direct threat, see Construction Site Suicide Under Investigation, NH of 1/5/98, in The Library, Vol. 3, at the Northern Herald website. ------------------------------------------------------- Leading Edge Journalism ----------------------- NEVIS: ATTORNEY GENERAL ACTS Council Rescinds Illegal Acts, Restores Mayor After Hatch Inquiry; Graham Asks Grand Jury Investigation of John Masog NEVIS -- Under pressure of investigation by Minnesota State Attorney General Mike Hatch, and with suit by their mayor, the Honourable Phillip J. Harris pending; the Nevis City Council, at their meeting of February 11th, 2001, voted to rescind their previous unlawful actions dating back to last August, and to acknowledge the powers and duties of Mayor Harris. The action has been termed a restoring of those powers, but this term is incorrect, as they were never lawfully removed. No effort was made, this time, to usurp the duty of the mayor to conduct and preside over that meeting, which passed the resolution on a 3-0 vote, with Harris abstaining. Following the vote, Erickson attempted to procure the consent of Harris to drop his pending action against the councilmembers, but Harris, still impeded by the pendency of a highly questionable charge of improper action by a public official, and a restraining order, the grounds for which have never been proven, procured by City Administrator Maureen Cirks and Deputy Clerk Carol Fridgen; refused to commit to drop his suit. Regarding Harris's suit against the council, the Honourable Judge Frederick J. Casey, at Brainerd, said, on February 1st, that he was "unaware of any law" that would permit the city council to take the action that they had taken last August. It is not known whether Harris will now amend his complaint to ask monetary damages against the council members. In asking Harris to drop the suit, Erickson made no mention of the City also supporting the dismissal of the other pending matters against Harris. The matter of the illegality of the Nevis council actions, in attempting to depose Harris, was called to attention of the Attorney General by legal author and scholar, and former Crow Wing County Attorney, John Remington Graham, who asked Hatch to take action in the nature of quo warranto to restore lawful operation of the City. In a letter to Atty. Gen. Hatch, Graham said, of the council's unlawful actions, that they were predicated upon "petty politics of small town mediocrities ... [which are] ... painfully insignificant in every sense and have no legal relevance whatever." But of the council's August, 2001, vote to, unlawfully, strip the mayor of the powers and duties of his office, Graham said, "most people may not care that lawlessness has been allowed to run riot in the City of Nevis, but no patriot and statesman will countenance such a situation for a moment." Heading the Attorney General's investigation, Deputy Atty. Gen. Kristine L. Eiden sent the council members a questionnaire to which they were to respond by February 11th, the day of the council meeting. In a second letter, to Eiden, Graham said, " ... I find even more troubling the misconduct of the old [since resigned] city attorney, John Masog, who guided the city council" in it's unlawful actions of last fall. In addition to suggesting conflict of interest of Masog, for his multiple roles in Nevis, Hubbard County and civil litigation, Graham now recommended that the Attorney General consider calling a grand jury to investigate Masog for possible charges of unlawful usurpation of public office, aiding and abetting same, and willful misuse and excess of office, contrary to the Minnesota Statutes. Photo caption (photos are not included in the Library edition): Seated at the Feb. 11th Nevis City Council meeting, are councilmembers Al Huesman, Mayor Phillip Harris, presiding, Lavonne Lindow, and Steven Erickson, who asked Harris to agree to withdraw his legal action against other councilmembers. Councilman Marlin Winters did not attend. ------------------------------------------------------------- In Focus -------- (The In Focus feature is primarily pictoral. Photos, however, are not included in The Library edition.) BSU JAZZ FEST STARS STEVE WRIGHT, KIM PARK BEMIDJI -- Jade Ramsey, of Duluth East High School, said "I was excited that we got chosen" to play, and said, of the benefit of the workshops, "They [the celebrities] ... talked a lot about chord structure on the piano, so there's a lot more theory. ... If you ... [know] piano theory, you can play most anything." So wound up the two days of workshops, and concluding concert of the annual BSU Jazz Festival. The Feb. 2nd concert also featured Winnipeg's Glenlawn Collegiate Senior Band. Photo captions (photos are not included in the Library edition): BSU School of Music Director, Dr. Steve Konecne, conducts the BSU band. Steve Wright blows trumpet, and jams with Kim Park, on sax and BSU's Jazz Band I. Jade Ramsey, of Duluth East High School on piano ---------------------------------------------------------------- SNOW OR NO, IT'S BACK TO HACK ! Photo captions (photos are not included in the Library edition): A snowmobiler launches his sled for the radar runs on Birch Lake at Hackensack's annual Back-To-Hack days fest, January 18th-20th. Junior ice fishing Grand Prize winner Austin McAllister claims his loot: a fishing pole and a video fishing rig, for his 19 1/2" Northern. Andy Bray, coordinator for Northwoods Trail Runners, which conducted the public runs, and Logan Moorhouse. Robin Cousins, of LaPorte, displays her handmade Barbie tents at the Craft Fair at Back-To-Hack. The exhibit also featured fine jewelry, bird feeders and other crafts by local artisans. ---------------------------------------------------------------- It Happens to the Best of Us, We Suppose BEMIDJI POLICE OFFICER BIESE CHARGED WITH OPEN BOTTLE BEMIDJI -- One of Bemidji's finest, Officer William J. Biese, was cited for having an open bottle in his vehicle, June 20, 2001, at Birchmont Beach & Tall Pines Roads, in suburban Bemidji. The matter, just now coming to court, was continued for plea on February 6th, 2002 (case no. 04-T9-02-35). Biese had also been charged in connection with the 1998 Bemidji police prostitution trials, but the count against him was dismissed. ------------------------------------------------------ Editorials - Opinion -------------------- GETTING BACK TO NORMAL AT NEVIS With their actions of February 11th, the Nevis City Council made major inroads toward restoring order and proper civic functioning at Nevis. Still impeding and distracting from City business remain the small matters of the pendency of an ill-founded (see NH of 01/15/02) charge of wrongful action, against the mayor, and the effects of a baseless restraining order, agreed to by the mayor (because he lacked representation - petitioners, City administrative staff Maureen Cirks and Carol Fridgen were represented by John Masog), the grounds for which have never been proven in court. The order, effectively, temporarily bars the mayor from City Hall. The order denies the mayor access to space, documents and equipment he needs to perform his duties; and Harris has suggested that he'd like to have space there where he might meet with constituents who have issues with the City. He is the only councilmember who could be available to citizens on an essentially full-time basis. Although political differences exist, the council's and staff's animosity toward Harris stem, primarily, from an incident last August, when, at a council meeting, responding to policeman Bob Potter's contempt, Mayor Harris displayed to him one of his ten fingers. This act must be redressed. Wouldn't it be a fine thing if, instead of causing all of this legal expense and impediment to the City and County, the council simply set a time and place, preferably in public, at a meeting, where the Mayor could receive, from Potter, the same sign? This would make more sense. --------------------------------------------------------- Letters to the Editor --------------------- CARVELLI: STATE SHOULD BUY AMERICAN I live in an area that is being hit hard by imported steel. One taconite plant closed recently and 1500 union brothers and sisters lost their jobs. A while back we had a shirt factory in town close due to imports. I consider imported goods as a serious threat to my fellow American workers. I am just an average fellow. I have been a union member for about 35 years. It is difficult to see my friends and neighbors lose their good paying jobs due to foreign imports. The one thing I have done is "Buy American". It isn’t always easy and sometimes it may cost a little more. The quality is always better and it keeps Americans working. It is a win – win situation the way I see it. I was recently able to see a proposed uniform change for a large group of Minnesota State Employees (Driver License Examiners – AFSCME Council 6). This represents a substantial amount of clothing to be purchased with taxpayer’s money. The present uniform worn by state examiners is "Made in the U.S.A." I was appalled to see the proposed uniforms are foreign made. The jackets were made in Burma. The State of Minnesota is facing serious budget cuts. Thousands of American workers are being laid off due to imports and the state of Minnesota is using taxpayer money to buy imported goods. So much for having a patriotic spirit in state government. It would appear the folks that run the state government do not realize the impact that imports have on American workers. Maybe they just don’t care. In either case I would like to ask people to contact Minnesota Gov. Jesse Ventura and the Department of Public Safety Commissioner Charlie Weaver and remind them how important it is to Buy American. Let them know they need to keep Minnesota Driver Examiners in their present American made uniforms. Office of Gov. Jesse Ventura: 130 State Capitol, 75 Constitution Ave., St. Paul, Minnesota 55155 Phone 800-657-3717 Fax 651-296-2089 http://www.mainserver.state.mn.us/governor Comm. of Public Safety Charlie Weaver: Town Square, 444 Cedar Street, St. Paul, Minnesota 55101 Phone 651-296-6642 Email: Charlie.Weaver@state.mn.us Tom Carvelli Sr. Gilbert, Minn. Northern Herald responds: We agree that, all other things being equal, it's best, for balance of trade, to buy American. But all other factors sometimes aren't equal. Your editor has never had the luxury of being a union member; and remembers, early in his work life, manhandling warehouse metals for $1.60 an hour. The only "benefits" were that one got to work and got paid. So you can understand just how much sympathy he has for union workers who refuse to work for $12, or $14 or $19 an hour; with benefits. Some unions have simply priced themselves right out of business. The plasterer's union was that way - that's why sheet rock is now used instead. In negotiations, there's a lot of talk of a "living wage." But what people can live on differs by their standard. Office help wants what it considers to be a living wage; so do baseball players. Americans have seen many American-owned companies go abroad. Sony and Panasonic use foreign labour, but so do Zenith, Magnavox and Texas Instruments. It is because they can't get labour here for what consumers will pay for their products. Workers always weep and wail when plants close. But the labour force never seems to ask itself if maybe it was their uncompetitive demands that led to the failure of that American business. And the loss of an entire business, with all of its investment, and export potential, is a real economic loss to this nation. Your editor buys only American cars - but for sound economic reason. He wants them to be on the road more than they're in the shop, and doesn't particularly want to have to pay hundreds of dollars for, say, an alternator. There is often something about American workmanship. We are a very prosperous and successful nation. In America, many have the luxury of being able to say that they won't work for less than being able to buy new cars and wide-screen TVs; in other countries, our allies, people will often work just to be able to buy food. It is hard to say that it is less noble to employ these people, particularly when it is to our advantage. -- Ed. --------------------------------------------------------------- HERALD NO LONGER AT HACK JUNCTION As of this issue, Northern Herald is no longer carried by Hackensack Junction convenience store. Hackensack readers can find it at on the rack at Mark's Market. Last year, after about a month of inaction, Hackensack dog killer Ryan Planting was arrested a day after our issue, breaking the story of the slaughter, hit the stands there. Planting recently pled guilty in the brutal killing. We welcome 7 new retailers to the Northern Herald distribution network: Nevis-Park Rapids-Dorset readers can now purchase Northern Herald at Dorset Corner Liquors. In Brainerd, find it at The Barn restaurant as well as Walgreen's and Cub Foods. Readers between Brainerd and Pine River will find Northern Herald at A-Pine Express, and JM Speedstop & Amoco, Jenkins; Northern Food King, and Scheela's Shanty, Pequot Lakes; and Wilson Junction in Pine River. --------------------------------------------------------------- Foxes Watching The Henhouse WHAT A LETTER FROM LPRB LOOKS LIKE A surgeon emails a colleague: "What kind of people do you like to operate on?" Surgeon 2 replies: "I like attorneys." Surgeon 1: "Attorneys? Why?" Surgeon 2: "It's so easy. There's no heart, no guts, and both ends are interchangeable." When a citizen has a complaint regarding the conduct of a Minnesota attorney, he may make a complaint to the Lawyer's Professional Responsibility Board (LPRB). This is the regulatory agency: a group of attorneys that, supposedly, oversees the conduct of, and disciplines, attorneys. For the benefit of people planning to make such a complaint, to save them some time, this is what a stock response from LPRB may say: "After reviewing the documents submitted by the complainant, the Director has determined not to investigate this complaint pursuant to Rule 8(d)(1), Rules on Lawyers Professional Responsibility." ----------------------------------------------------------------- WHEN YOU CALL CELLULAR 2000 CUSTOMER SERVICE: "If you are one of our valued customers, please press '1'" .... So you press "1" .... Cell 2000 hangs up - you get a dial tone. ---------------------------------------------------------------- A SPECIAL MESSAGE FROM THE FIRM OF C.N. AMBLE, LANCE & CHASE: Due to the length and depth of this issue's feature story, there is not space for Installment 3 of "How To Sue The Bastards" this issue. Look for it next issue! ------------------------------------- ISSUE OF 01/15/2002 - VOLUME 7 NO. 4 ------------------------------------- Leading Edge Journalism ----------------------- CORRUPTION TO RULE NEVIS 'TIL 2003 Rural Hubbard Co. City May Surpass Bemidji as State's Laughingstock NEVIS -- The statement of the last election was clear, voters wanted changes in Nevis, so they ousted the incumbent Mayor Melander, known for cost overruns so exorbitant that a public apology was necessary, and elected, as mayor, Phil Harris 108-92 - a 17% margin in this city of about 350 people. At a recent city council meeting it was said by a councilman, as a possible budget shortfall was eyed, that in light of this year's levy increase, if the City was broke, something is very wrong. And so it is at Nevis, where the City Council, guided by City Administrator Maureen Cirks, who has for many years maintained a stranglehold on Nevis civic operation, has, for the past year, prevented the Mayor from implementing sound budgetary measures. Mayor Harris has many times expressed a need to ensure that all expenses are properly authorized and for a bona fide public purpose as required by law. With the resignation last September, of Pam Brown from the council; and Councilman Bob Wambolt agreeing with the Mayor that the City, now under audit by the State Auditor and under investigation by the Attorney General, must be brought into legal compliance, there was a possibility, last month, with one council seat (Brown's) to be filled, that the council could have seated a majority with a view to sound policy measures.. Had Wambolt waited until the vacant seat was filled before resigning, his vote, along with that of the Mayor, would have tied the votes of Marlin Winters and Al Huesman in selecting the new councilperson; in that case, the Mayor has the prerogative to break the tie and appoint the new councilmember. This could have brought voter-desired change to this city inhabited by many quiet seniors and retired persons, where over $140 per person per year goes to salaries and benefits of its City Administrator, Maureen Cirks ($35,000) and her assistant, City Clerk Carol Fridgen ($17,000). But Wambolt's resignation, which may have come under pressure from the corrupt sector of this close-knit community, at the December, 2001 council meeting, afforded Huesman and Winters the opportunity to pack the council, outvoting the Mayor 2-1 on the appointments to fill Brown's and Wambolt's council seats. Their appointees will be in office until the elections this fall. Appointed at the January 14th Nevis council meeting, to fill the two vacant seats, were LaVonne Lindow, and Steven Erickson, proprietor of The Goose Crossing - a country restaurant at Nevis where vacationers go when they want to pay prices as if they were back in the big city, and to deal with a host who is, reputedly, every bit as decorous in guest relations as was Jerry Seinfeld's soup nazi. Mayor charged. For the remainder of the year, Mayor Harris would appear to be put in the same type of quandary as was Jesse Ventura in his first term as mayor of Brooklyn Park, forced to watch as his council, with its own agenda, passed items not necessarily in the public interest on votes of 4 to 1. But the forces of the office of the two entrenched administrators (Cirks and Fridgen), along with recently resigned Nevis City Attorney (he remains Asst. Co. Atty., however) John Masog, who has refused to prosecute theft in Nevis when it would have involved charging a relative of Cirks, seem determined to get Harris out of their way. Mayor Harris had been facing a petty misdemeanor charge of Disorderly Conduct (case no. T3-01-2039) for countering policeman Bob Potter's contemptuous remarks at the August 14th council meeting by displaying to Potter a particular one of Harris's ten fingers. When it occurs in public, the exhibition of an improper finger is routinely charged, in these parts, as disorderly conduct, carrying a small fine. The infraction is not the type of offense that would normally result in loss of office. But in the case of Harris, Masog recently trumped up the charge, and brought, on December 20, 2001, an additional prosecution (case no. K2-01-914) for the gross misdemeanor of Misconduct of a Public Official apparently designed to, without fail, meet the muster of provisions under which a person, say a mayor, may be lawfully removed from office. Masog appears to have been aided in this quest by Hubbard Co. Sheriff's Investigator Jerry Tatro, who along with Masog, signed the sworn papers, and also City Administrator Maureen Cirks and Councilman Marlin Winters whose statements comprise, in large part, the charging instrument. And in their efforts and frenzy to concoct a sufficiently infamous charge as to warrant and serve the purpose, these people aggrieved by Phillip Harris's lawful service as Mayor devised a complaint which restates the finger incident, but is further embellished with several other sworn allegations which do not seem at all to noticeably tax the stockpiles of honest words contained in the storehouses of the English language. This complaint, filed in the gross misdemeanor case, straightfacedly recites," ... [Cirks] was told by Council member Marlin Winters that Defendant [Mayor Harris] had called ... Winters informing him that Defendant was going to come after ... [Mrs.] Cirks 'with both barrels loaded.'" But, in the making of this charge, Sheriff's Investigator Tatro had occasion to interview Winters on September 4th, 2001 at 2:15 pm. The official transcription of the investigation interview discloses Winters's response when Tatro asked him about the "both barrels loaded" accusation: Marlin Winters: "You know I remember - I remember having a- a- a- discussion with her [Cirks] but I- I don't know if I should honestly say I- I stated it exactly that way, but it was probably to that." Jerry Tatro: "So where is this coming from that Phil [Harris] is making these accusations?" Marlin Winters: "Probably from Phil, I- I- ... I don't know." Mayor Harris said that last spring he may have made a statement, either literal or figurative, to the effect that he was going to hold Cirks's work and handling of funds (now under audit by the State Auditor) to legal accountability, but denies that he ever said "both barrels loaded," and said that that phrase isn't among the figurative phrases he uses. Harris, incidentally, when asked, said that he does not own any firearms. The complaint alleges that Harris improperly offered a police job to an applicant, something that Harris adamantly denies. The complaint seeks to support this claim of excessive use of authority by stating that Harris had to be admonished by Cirks at the August 14th council meeting and recites, "Under [council] meeting on ... [August 14th, 2001] M[r]s. Cirks told Defendant that only the council can hire someone." But when asked to play those words on the official tape of the Council proceedings of August 14th, and given a weekend to find them, Nevis Deputy Clerk Carol Fridgen said, on January 7th, "I cannot find that on the tape." The complaint further charges that Harris, at that meeting, "continued yelling at M[r]s. Cirks telling her to 'shut up' and to get out of the meeting ..." A review of the audio tape discloses that a speaker, possibly Harris, seems to be asking someone who was apparently disrupting the meeting to leave, but it is not at all clear to whom the speaker is talking. Interviewed on this, Harris said that it was not Maureen Cirks, but rather her husband, Kelly Cirks, who is not a city employee and did not have city business, whom Harris asked to leave the council chambers in order to maintain order at the heated meeting. The complaint alleges that, last spring, Cirks took medical leave and sought doctor's care. It has not been disputed that she needs it. Harris attended his Rule 5 hearing at Park Rapids on January 10th before the Honourable Judge John Smith, and entered a plea of not guilty on both the petty, and gross misdemeanor charges. Smith appointed Bemidji attorney Darrell Carter to represent Harris and, due to conflict of interest, assigned the cases to the Honorable Paul Benshoof who will hear the cases either at Park Rapids or Bemidji. The next hearing date was not specified and left to Judge Benshoof's scheduling. Mayor Fights Back. Meanwhile, the Honourable Phillip Harris, mayor, has brought an action of his own to invalidate the unlawful actions of the Council and the City Administrator, on August 23rd, 2001, and at subsequent meetings, in refusing to allow him to preside over the City Council meetings; failing to present City checks to him for signature, having them unlawfully signed by another person; and denying him access to City Hall and the records and equipment contained therein. The action, filed as a Complaint for Injunction, for Declaratory Relief and for Temporary Restraining Order (TRO) (case no. C4-02-21) seeks, to prevent irreparable damage, an immediate order restraining the City and Council from conducting illegal meetings at which he is not permitted to preside as provided by law; from unlawfully issuing checks which he has not signed for the City; from withholding documents and access from him; and from otherwise interfering with his lawful performance of his duties as mayor of Nevis. Copies of the Complaint and an amendment thereto have been served upon the City of Nevis, Administrator Maureen Cirks, Deputy Clerk Carol Fridgen, and councilpeople and former councilpeople Pam Brown, Albert Huesman, and Marlin Winters; except that Councilman Winters has evaded service of the Amended Complaint, refusing to accept it and telling the process server that he was trespassing and to get off of his property. The matter is presently scheduled to be heard before the Honourable Judge Casey, at Brainerd, January 24th, 2002 at 1 p.m. The City of Nevis will be represented by its new City Attorney, John Valen of Walker. Highlights of the January 14th Meeting. The meeting of the Nevis City Council, scheduled for 6 p.m. at the Fire Hall, got off to a slightly late start as Mayor Harris tried to ascertain whether the Council and new City Attorney Valen, present, would allow him to proceed to conduct the meeting. In the foray that followed, Councilman Marlin Winters verbally accosted Mayor Harris saying, "You are not the mayor." At about 6:10 p.m., Valen indicated to the Council that Al Huesman, the "acting mayor" might open the meeting and preside, notwithstanding that the actual mayor was present, and contrary to Minnesota law which provides that the "acting mayor" may preside only in the absence of the actual mayor (see The Law, NH of 12/08/01). Accordingly, Huesman opened the meeting and began to call the agenda. Huesman first called for the appointment of an "acting mayor" for 2002. Councilman Marlin Winters moved to reappoint Huesman, who then seconded his nomination. Huesman was voted in as acting mayor, 2-1 with Winters and Huesman voting "Aye" and Harris voting "Nay". Huesman said, "The next thing is to appoint two individuals to fill the two vacancies on the City Council." Filing for the appointment had been June Sather, David Luedke, LaVonne Lindow and Steven Erickson. Harris moved to appoint candidate David Luedke, with the reservation, "I'd like to interview a little first," to be sure that the candidates possessed requisite qualifications and understanding of law. "I want to know if they understand the Constitution of the United States" as they would be swearing an oath to uphold it. "Everybody in this room has rights guaranteed by the United States Constitution, by the Minnesota Constitution, and we cannot step on those constitutional rights." Huesman said, "Go ahead, do your interview." Harris asked Luedke, "Do you know what the First, Fifth and Fourteenth Amendments are, Dave?" Luedke responded, "No, I don't." Speaking out of order, Erickson, from the audience, and as if he had somehow been assured of the appointment aforehand, began to argue with the mayor's interview process, saying to the mayor, "Use the resumes as your decision factor," Erickson said, "without going through a grade-school bunch of phony questions." City Administrator Maureen Cirks, sitting in the front row of the audience, began frantically waving her arms about as a signal to Huesman to cut off the discussion. Huesman declared that Harris's motion to appoint Luedke died for lack of a second. Councilman Winters moved that Lindow and Erickson be appointed. Huesman seconded. By way of discussion, Mayor Harris asked Erickson, "Do you know the Constitution, Steve? What's the First Amendment?" Erickson responded, "I haven't a clue." During the discussion, particularly with Erickson, Harris stressed the need for fiscal responsibility and not foisting well-meaning but unnecessary costs onto the taxpayers or burdening liquor store profits, which belong to everybody, by same. Mayor Harris said, "We cannot overcharge for all this stuff. Our administrative fees are supposed to just cover exactly that - they're not supposed to be for profit. We're supposed to plan and live on our tax base and not depend on the profits of the liquor store to do things. We don't live month-by-month, depending on the liquor store, we plan a year ahead when we set our budget." Responding to Erickson's questions, "How do you plan to grow, Mr. Mayor? What's your agenda for this town?" Harris responded, "First, I've got to get it to act in a statutory ... [manner], obeying all the laws. When we budgeted, we should have had a budget reserve in there - we don't talk about that stuff. It takes forethought to grow - we can't just think about today or tomorrow...." Erickson verbally attacked the mayor on his legal action against other councilmen to bring the City into statutory compliance, but was told that that matter would be discussed later in the meeting. The Council voted 2-1 to appoint Lindow and Erickson to the two vacant Council seats. Later in the meeting, in a discussion involving fiscal policy, Erickson told Harris, "You're stuck with me, Mr. Mayor" In approving the payment of bills, Mayor Harris objected to one for $100, incurred by the municipal liquor store, for advertising on the Trailblazers snowmobile club's flyers, as not being for a public purpose. Administrator Cirks, a Trailblazers member, countered that the liquor store manager is authorized to place advertising [of under $500, per an informal Nevis policy] that she deems appropriate, and said, "I would imagine ... she [the manager] would figure that she would possibly get a lot of snowmobilers in there ...." But liquor store manager Kathy Plumley then spoke, saying no, it's "basically just a contribution" to the snomo club. Cirks quickly disclaimed, "Yeah, it's not my decision, it's Kathy's." With that, the Council approved payment of all of the bills. At one point in the meeting, newly-appointed Councilman Erickson asked Cirks what issues were involved in Mayor Harris's action for injunction against the city. Cirks read the list of items on the complaint, pausing at the matter of Harris's request for access to City Hall and saying, "I did check with the City of Park Rapids, ... the past mayor did not have a key to the office...." Harris's Complaint does not seek a key, per se, but seeks access at whatever times he has lawful business, or "need, in conjunction with the discharge of his duties as Mayor for documents or equipment," at City Hall. In fact, all employees who work in the Park Rapids City Hall have a key, per City Clerk Margie Vik, the Mayor, however, does not. If he requires access after hours, he can call the City Administrator or Clerk to be let in - this, however, cannot be done in Nevis, as Cirks and Fridgen have, in an effort which impeded the Mayor's function, procured orders preventing Harris from contacting them and, generally, barring him from City Hall when they are there (see NH of 11/03/01). The allegations in Cirk's and Fridgen's complaint, essentially that Harris "harassed" them by arguing with them over city-related matters, leading to the orders, have never been proven in court as Harris, for expediency, had agreed to the orders being issued. Although the council discussion was, presumably, at this point, preparation for the City's defense next week, Erickson used the opportunity to address the access matter, and moved that the Nevis Council then adopt a policy that keys to City Hall would be had only by administration (Cirks and Fridgen) and the Police Chief, who required use of the fax machine at times other than business hours. In a voice sounding a little like TV's Mr. Rogers's, but with the condescending stress and intonation that one would expect of an elementary school teacher, Erickson said, "An elected official is temporary, administrative people are responsible, and so administrative people cannot have electorial people, at their discretion, running in and out at off-hours .... no one needs a key." Contacted, later, regarding the issue, former Nevis Mayor James Hukki said, "That's absolute nonsense - I was a mayor for 6 years and the first thing, I was given a key to City Hall." Hukki said that upon completion of his term he gave the keys back to Cirks to be given to successor Ray Melander. Melander could not be contacted for comment and didn't return calls. Newly-appointed councilwoman Lindow seconded Erickson's motion and it was passed 4-1, Mayor Harris dissenting. End justifies the means? In speaking on his nomination for appointment as councilman, and also again, after appointment and towards the end of the meeting, Steven Erickson gave lengthy speeches encouraging that "Fantasy is much better than legality" with a clear implication that he objected to the actions of the Council being subject to law, and strongly objecting to anyone, including the Mayor, challenging the actions of the Council in court. He spoke at length focusing on topics such as enhancing the beauty and progressiveness of Nevis to the end of bringing more tourists there (which would, of course, directly benefit his restaurant, The Goose Crossing), and spoke discouragingly of any dissent or attempts to uphold and maintain human rights and the law, should that differ from what the Council might decide. He decried these things using terms like, "negativity," and "by being critical, by being narrow, by being small." All in all, it was a great speech and one that was worthy of a famous statesman. It was reminiscent of the massive promises of good times, at the expense of equitable law, access to the courts, restraint of power, civil liberties, and everything that we know as human rights, that might have been promised to Europeans, by Adolph Hitler, as he rose to power, in the 1930s, in Germany. Erickson criticized Harris for having his TRO hearing in Brainerd, although that decision was made not by Harris, but by Judge Smith - Harris had had no say in the selection of judge or of venue. Regarding his lawful and orderly efforts to have the court determine if the Nevis Council was acting in violation of Minnesota law, Erickson contemptuously and with the air of a one-man government, told Harris to "Stop it!" Erickson followed this by saying "I will run on an agenda to stop it, OK ... the purpose of this City is to provide a healthy atmosphere, in positive nature, for the citizens to grow with benefit into the future so that businesses can come here and thrive, and grant the tourism and the visiting people here a wonderful place to find happiness, to find things to do, to find good attitudes, and to find things to want to return to. That's what a town is for." At the end of the meeting, Lindow said, and Erickson agreed, "We've spent way too long on lawsuits." It was an easy thing to say when the only lawsuit in progress is the one against that council, which still refused to recognize the office of the mayor, conducting that meeting, as many before, unlawfully, with another councilman presiding. In making the statement, Lindow made no mention of withdrawing the pending, groundless, and apparently, perjuriously attested, charges against Harris, nor was there any mention of causing Cirks and Fridgen to withdraw their baseless action for restraining order, which has impeded the functioning of the City of Nevis, has cost it money, and which will cost it more. It is easy to say one doesn't want to spend time on lawsuits, when the speaker happens to be the tortfeasor (this is a lawyers' term for the guy who brings the desserts at a fancy restaurant like The Goose Crossing.) Usually when people speak of too much time being spent on legal action, they're only addressing the legal action against them. It would be like saying one doesn't believe in spending too much money on law enforcement, where the speaker is in the business of selling heroin. Diogenes's Lantern. In cases of one person's word against another's, Northern Herald routinely subjects the statements of the parties, as available, to Voice Stress Analysis (VSA), which, although not generally admissible in court, is thought by some to be a method of determining the truthfulness of the statements made. Northern Herald's version of VSA software is experimental and has not been statistically evaluated as to accuracy and performance. Additionally, Northern Herald staff do not have expert training in the use of VSA for truth verification. Given this, our VSA analysis, at an 80% (relatively strong) threshold, generally indicated that Mayor Harris is being truthful in his denial of the accusations against him. Specifically, his flat denial of ever verbally abusing or threatening Cirks or Fridgen showed no abnormal stress whatsoever, indicating that he does not believe that he did so. Although there was some occasional general stress when the accusation that he used the figurative phrase "both barrels loaded" was discussed, his direct answer, when questioned as to whether he said this, of "No, I never said it; it's not in my vocabulary" produced no abnormal stress. A $35,000 administrator for 364 people - Cirks's VSA. Maureen Cirks's statements, reported in our Nov. 8th, 2001 issue, were also subjected to VSA at the same 80% threshold. She would make no comment as to her accusations against Harris, but when asked why she supported the hiring of Fridgen, her $17,000/yr. assistant (Clerk), Cirks said, "I was working Saturday and Sunday trying to get the work done. It was more work than I could handle." This response produced peak stress as the words "trying to get the work done" were said, and also produced two indications of stress above the threshold on the words "more work." Note: This is a follow-up of earlier reporting. For earlier stories see NH of 11/03/01 & 12/8/01, below, in this The Northern Herald Library file) Photo captions (photos are not included in The Library edition): LaVonne Lindow Steven Erickson: "Fantasy is much better than legality." --------------------------------------------------------------- NEVIS MAYOR TO PRESENT STATE OF THE CITY NEVIS -- The Honourable Phillip Harris, mayor of Nevis, will present his 2002 State of the City message at the Nevis Senior Center, Friday, January 25th. Public is invited. Photo caption (photos are not included in The Library edition): Mayor Phillip Harris ---------------------------------------------------------------- NEVIS POLICE CHIEF ON DUTY 24 HOURS Photo caption (photos are not included in The Library edition): Hard-working Police Chief Dan Kruchowski, at Nevis, requested and got the City Council, on January 14th, 2002, to ratify that the officer is, effectively, on-duty 24 hours a day and authorized to enforce the law in Nevis at any time, whether in uniform or in plain clothes and whether or not the time is what might otherwise be considered off-patrol hours. --------------------------------------------------------------- NEVIS RETAILERS HALT HERALD Following Northern Herald's extensive coverage of blatant civic corruption at Nevis, two of our three retailers there have discontinued carrying it and Nevis readers who want be sure to receive every issue are now encouraged to subscribe. Our past two issues carried reports of the Nevis City Council unlawfully interfering with the duties of its Mayor; the City Administrator, Maureen Cirks, and her assistant (the Deputy City Clerk) receiving salaries and benefits that average about $140 per capita, for this community of 364; the audit of Nevis's books by the Minnesota State Auditor; an investigation by the Attorney General; the theft of retail copies of NH by Eleanor Cirks; and the refusal of City Attorney John Masog to prosecute the theft, shortly prior to his resignation. Following these stories, Danny's and Sather's Store terminated this paper. NH readers will still find the paper on sale at Nell Rae's Cafe. Good food too! --------------------------------------------------------------- Leading Edge Journalism ----------------------- SCHIEFERDECKER LOSES BELTRAMI BOW CASE Still, Administrator Does Not Predict Shortage BEMIDJI -- Despite the valiant efforts of Asst. Co. Attorney Eric Schieferdecker to obtain a sorely-needed bow for Beltrami County, the Minnesota Appellate Court said "no" in November, leaving the county facing a potential shortage of hunting bows as it goes into 2002. Still, County Administrator Tony Murphy is comfortable with the Beltrami County bow inventory, saying, "I don't anticipate a shortage at this time." As to the actual current inventory, he reported, "I don't think we have any, or need any bows," and explained that appeal of the case was pursued by the Beltrami County Attorney's office at the request of the DNR. It is not known whether DNR reimbursed the county expense to draft and argue the case. The case (State v. Craig Allen Dahl, Belt. Co. #K9001925, Appellate No. C6-01-549 - the unpublished appellate opinion is available at www.courts. state.mn.us) arose from an incident on Oct. 25th, 2000 when Dahl and a female co-defendant shot an arrow at a decoy deer that had been put in place by the Dept. of Natural Resources (DNR) to catch poachers. The decoy had been caught in the headlights of the car Dahl was in. Dahl pled guilty to a charge of using an artificial light to locate a wild animal and on Jan. 16, 2001, was sentenced to fines totalling $1,033. plus $30 restitution. Following the sentencing, and represented by public defender Tom Kuesel, Dahl moved for return of the bow because it had not actually been used to "unlawfully take" a wild animal, authorizing seizure - it had been shot at a decoy. The Honorable Judge Terrance Holter, at Bemidji, ordered the bow returned. The appellate summary notes, "Because the court found that Dahl was convicted for 'deer shining' and not for 'taking wildlife,' the court [Holter] ordered the return of the bow." Schieferdecker appealed from that ruling. The Appellate Court, by the Honorable Judge Lansing, cited, "An enforcement officer is authorized to seize a bow when it is used to 'unlawfully take' wild animals. Minn. Stat. [sec.] 97A.221, subd. 1(a)(2)(2000). The seized property may be confiscated upon conviction of the person from whom the property was seized. Id., subd. 3(1) (2000). 'Taking' is defined to include pursuing, shooting, killing, and capturing wild animals, or attempting to take wild animals. Minn. Stat. [sec.] 97A.015, subd. 47 (2000). '[A]ttempting to take' is limited to conduct described by the active verbs in the 'taking' definition, including 'pursuing, shooting, killing, capturing [and] snaring.' State v. Ritter, 486 N.W.2d 832, 834 (Minn. App. 1992), review denied (Minn. Aug. 27, 1992)." And the Appellate Court, affirming, on November 27, 2001, the District Court's [Holter's] ruling, reiterated Judge Holter's finding that, "the inescapable fact remains that the defendant was not convicted of taking wildlife or artificial wildlife and as such, is entitled to return of his bow and arrow." Eric Schieferdecker, in interview, said that he pursued the appeal, "because the statute says we get items that were used in an attempt to take wild animals," and added that, "what's interesting is that the statute also requires that the vehicle be seized," although, per Schieferdecker, the DNR let the female co-defendant keep her vehicle. As to the cost of appealing the decision to return the bow, Schieferdecker said that the appeal brief only took him about 2 hours, although the trip to St. Paul to argue it took a day and a half. Schieferdecker said that he got other county attorney's work done on that trip, but could not say what that work was. His expense report shows only the appeal as the purpose of the trip. The appeal, by Schieferdecker, necessitated that Dahl be represented in the appeal by the State Public Defender. The office of the State Public Defender, at Minneapolis, represented Dahl on appeal by its attorneys, State Public Defender John M. Stuart, and Asst. Public Defender Roy G. Spurbeck. Larry Hammerling, of that office, ballparks this part of the public cost of this defense at about $1,000 for about 40 hours of the attorneys' time spent on it. The value of the time utilized on this case by the Minnesota Court of Appeals, its three judges, reporters and clerks, is not known. The total taxpayers' cost, some to Beltrami County, and some to the State, is estimated to well exceed $2,000, including $186.15 as Schieferdecker's travel costs, the costs of the Asst. County Attorney's time, the above mentioned costs of defense ($1,000) and the value of the Appeals Court's time and its expense. Eric Schieferdecker is the husband of Bemidji attorney Rebecca Signe Anderson, who is the daughter of Minnesota Supreme Court Justice Russell A. Anderson. Beltrami citizen Thomas G. Newman, who happened to be at the courthouse during NH research of the case, commented on the cost to Beltrami County of the Appeals Case whose sole subject was the return of a bow, with likely value from $200-$500, and reflected that it would have been cheaper if county residents all just pitched in and bought Schieferdecker a bow for Christmas. Photo caption (photos are not included in The Library edition): Normally, attorneys are only permitted to argue appeals for a few minutes and they can be done by closed circuit TV (ITV) without travel. Above, Eric Schieferdecker's expense report, for a two-day trip to St. Paul, on 9/24 and 9/25 to argue the Dahl case in the morning of 9/25, totals $186.15, including a $2.35 error. He did not charge the County for lodging. --------------------------------------------------------------- In Focus --------- A PORTRAIT OF TWO ARTISTS Family Brings Classic Painting to Bemidji (The In Focus feature is primarily pictoral. Photos, however, are not included in the Library edition.) BEMIDJI -- Artist Tom Halverson, who recently opened his shop at 328 2nd St. NW, (downtown, across from the Cenex), Bemidji, (218-755-8500) is now offering his works, including custom portraits, in two mediums: sketches, from either a photo or sitting, for as little as $30 on a special promotional of his new location (these normally start at $100); and also his premium oils, which start in the $5,000. range. Unlike most living artists, Halverson, a "classical realist," is schooled in the Old Masters style, studying, particularly, the works of William Bougoureau; his extremely fine, old-world-quality work clearly reflects this influence. He is the inventor of, and regularly uses a special artists' caliper to analyze proportion and sells the tool to other artists at his web site, (tomhalverson.com) where some of his works, including oils, can be seen in full color. The most astounding and unconventional thing in Halverson's shop, however, is the, also classic-styled, work of his daughter, Carolyn Marie, 13, who, immersed in this talented family, began freehand painting and drawing without formal instruction, producing among her first works, a first-place winning drawing in prisma pencil (shown in photo above). Home-schooled, when in second grade, Carolyn had ranked as "college level in reading comprehension" in a standardized achievement test. She said that the ability to draw and paint just came to her about a year ago. Photo captions (photos are not included in The Library edition): Tom Halverson with his unique easel stand made from an exercise bike. "I did twenty miles today," he said. Although the vivid colors are lacking in this B&W reprint of Tom Halverson's work, the near-photographic quality of his color sketching can be seen. A sketch of this type in 17" x 22" would be $60 per face, charcoal-graphites start at $30. This rendition by Carolyn Halverson, in color pencil, took First Place and Reserve Champion at the 2001 Crow Wing Co. Fair. Carolyn Halverson's interpretation in oils: "Characters Of The Lord Of The Rings Movie" is not done justice by this black & white rendition - one has to see this work in progress in the Halversons' studio. Still, the astounding detail and emotion imparted to her subjects is apparent here in this original freehand scenario which the 13-year old Carolyn created from her impression of three separate scenes. ---------------------------------------------------------- In Focus -------- THE PLACE TO BE ON NEW YEAR'S EVE (The In Focus feature is primarily pictoral. Photos, however, are not included in the Library edition.) Photo captions (photos are not included in The Library edition): It was the Place To Be on New Year's Eve as diners and dancers enjoy great food, drink and the Las Vegas style entertainment of Johnny Jay - all evening long - at Arthur's, Hackensack ------------------------------------------------------------ BIELOH'S BIG GAME FEED WALKER -- Each year, Bill Bieloh and his wife, Kathy, share the bounty of the hunt and feed the Walker community, and anyone else who wants to drop in, at the annual game feed at his Walker grocery store. This year, Jerry Freeman also contributed to the event. Mr. Bieloh always goes first-class, even if it's going to be free to the public, so it was no surprise that the December 8th, 2001 feed featured Venison Pepper Steak, Venison Meatballs, Pheasant Wild Rice Hotdish, Creamed Goose, potatoes, gravy, veggies and dip, and all the trimmings including beverages and desserts. As usual, the turnout for this excellent meal overflowed the deli seating and Mr. Bieloh had set up tables (shown above left) in the aisles so that everybody got a seat. The Venison Meatballs were imbued in a wonderful and unique seasoning and were absolutely delectable. Photo captions (photos are not included in The Library edition): Chris's favorite was the succulent and delicious Pheasant Wild Rice Hotdish. Walker's emergency services vehicles were on display in front of the store. Volunteer John Bergmann helped with the display. ---------------------------------------------------------- -- AN OBITUARY -- Obits are usually written for or by the family of the deceased. If they were fact - not fluff - they might be more interesting. Now, four years later, we reprint the obit that started the attempted Bemidji boycott, which included threats against our retailers. Few have seen the obit - we agreed to withdraw the issue, reprint it at substantial expense without the obit, and print a retraction. Still, relatives of the deceased, including Bill Batchelder, influential operator of Bemidji Woolen Mills and established leader of the Republican Party here, and their clique, were relentless and their efforts to keep Northern Herald out of the hands of readers who wanted it continue to this day. Our retraction was never a denial of the facts as printed and the valid opinion offered of the character of Richard Morton. We withdrew it because we agreed that the original timing of the article, right after his death, was not necessarily in the best of taste. Since then, subsequent events have corroborated our initial suggestion that Morton's Hard Times Saloon was, indeed, involved in some of the corruption and misconduct of the (then) Bemidji Police Dept. We paid the price - our readers are entitled to know the story. Reprinted from Northern Herald of January 5, 1998: -- AN OBITUARY -- Bemidji resident RICHARD MORTON died Monday December 26, 1997. Reportedly, the cause of death was an act of God, a burst aneurism, a malady that can, technically, occur any time. Morton was 46 at the time. In life, Morton had been the owner of the Hard Times Saloon in downtown Bemidji. Under his management, staff of this well-attended "pick-up joint" were allowed, and possibly encouraged, to spread false and malicious misinformation defaming certain Bemidji residents among it's lowlife clientele. The bar was also frequented by certain off-duty members of the Bemidji Police Department as well as some of the single female crowd from the Social Services Dept. and local non-profits. The precise relationship, otherwise, between Morton and Bemidji Law Enforcement is not known, but it is known that when, in 1993, eyewitness information, supported and corroborated by police records, that Hard Times had admitted, without any attempt to check I.D. of, and served alcohol to a female minor, was presented to Tim Faver, Beltrami County Attorney, Faver refused to investigate or prosecute the bar. Morton might have been held to answer for his some of his defamatory actions in civil damages, but that's a very cumbersome and expensive process to the person aggrieved, is largely left to the discretion of a single judge, and for most purposes, under current law, is not practical except for those who have large amounts of time and money, and nothing better to do with either. As it happens, jurisdiction was ultimately accepted by a somewhat higher, and less spendy, court. It is hard to speak positively of anyone's death, but the Bemidji community was greatly served by the removal of this dangerous and malicious person from it. It is like a piece of trash gone from our streets. The best eulogy we can give this evil person was best stated by Quentin Tarantino in his version of Ezekiel 25:17:* "The path of the righteous man is beset on all sides by the inequities of the selfish and the tyranny of evil men. Blessed is he who in the name of charity and goodwill shepherds the weak through the valley of darkness, for he is truly his brother’s keeper and a finder of lost children. And He will strike down upon them with great vengeance and furious anger all those who attempt to poison and destroy his brothers, And you will know that His name is the Lord when He lays down His vengeance upon them." -- Q. Tarantino (paraphrased) What goes around comes around. Whosoever shall act in malice toward his neighbour acts in malice toward the Lord; and will see that malice revisited upon him swiftly and one thousandfold. -- Ed. * slightly paraphrased here, from Pulp Fiction, by Quentin Tarantino, 1994, publisher: Faber ----------------------------------------------------- Editorials - Opinion -------------------- LOOK TO TAX "WELFARE" TO CURE SHORTFALL by Adam Steele, CPA, Editor The anticipated $2 billion revenue shortfall has sent legislators scurrying for places to save money, including such preposterous notions as to try to balance the budget on the backs of smokers and drivers who already pay more than their fair share. Over the years, the federal government has enacted several measures such as the Earned Income Credit, Child Care Credit and the ludicrous Child Tax Credit that amounts, basically, to welfare for the middle class. The combination of these tax breaks for people with young kids (including single parents with illegitimate ones) can amount to thousands of dollars per taxpayer. These incentives are the nation's largest breeding program not administered by the USDA. And they come at the expense of singles, seniors and married couples without young kids who then shoulder a disproportionate share of the tax burden. This federal tax injustice doesn't have to be compounded at the State level. Elimination of the (misnamed) Working Family Credit and the Child and Dependent Care Credit on the Minnesota tax return would save the State $113 million per year (tax year 2000 statistics used), a good dent in the deficit. It's a better place to start looking for savings. The cost of raising children, and their day care, is solely the responsibility of those who make them - not the taxpayers - and parents of young kids already get an enormous federal tax break. Our thanks to the Minnesota Dept. of Revenue for their assistance in providing the tax statistics used herein. --------------------------------------------------------------- WHAT READERS SAY: "Enclosed is a check for ... 1 year's subscription.... "A friend ... gave us a complimentary copy.... It's a lot better paper than the ... paper we used to get. Like to read news from our area." [name withheld] Nevis, MN "Enclosed please find my check ...for my subscription to your exceptionally interesting publication, and $1 ...[for] your November 3rd issue which was purloined ... as I would like to see what was in it that would accelerate an individual to such greed ...[to] steal nearly 70 copies before I had a chance to steal one." [name withheld] Nevis, MN ------------------------------------------------------------ CONSUMER CORNER Readers are invited to submit consumer complaints or compliments to this column, and to our Auto Service Forum. Send info c/o this paper, P.O. Box 1535, Bemidji, MN 56619 SENIORS MUST CONSIDER FULL POTENTIAL RAMIFICATIONS OF REAL ESTATE TRANSFERS by Adam Steele, CPA and former referral accountant to Senior Financial LAPORTE -- Albert J. Johnson, 85, wanted to be sure the property he's lived on since 1978 and owned since 1971 in rural LaPorte passed on to his daughter; his son, John Johnson, wasn't to receive any part of it. So he consulted Walker attorney John Valen, who drafted a quit claim deed in favor of the daughter, retaining a life estate on the land to Mr. Johnson. Johnson signed the deed March 21, 2000. Generally, a transfer with retained life estate is understood to divide use of the land by time: The grantor may use it during his lifetime; following that, it reverts to the grantee. The grantee's interest is known as a remainder interest. A remainder interest in property may be sold or transferred by the grantee at any time, even during the lifetime of the grantor. About a year after signing that deed, Mr. Johnson found out that it prevents him from logging the land. His daughter, Dorothy L. Hughs, on July 20th, 2000, only a few months after the transfer, quit claimed her remainder interest to her brother, John (Albert's son, who was, per Albert's wishes, to have received no part of it). When Johnson entered a contract to sell the timber to local loggers, it was then his son, John, who brought suit to prevent him from harvesting the mature timber. Judge Mondry upheld the son's position August 29, 2001 (case no. C5-00-668). Johnson said that attorney Valen never discussed these potential ramifications when the deed was considered, and they came as a surprise. Johnson seemed to have understood the deed instrument as acting more like a will, and stated, "John Valen did not explain that it took effect right away, until about 3 1/2 to 4 months," after Johnson signed it; "I'd no intention of giving up control of my property in my lifetime, only ... after my death." Attorney Valen, contacted for his response, did not believe that he could ethically discuss particulars of the specific case, or why, in this case, he preferred to use the retained life estate quit claim deed to transfer the property (there are other vehicles, such as a trust, that might have been used instead to achieve the desired post-death transfer). Nor would he discuss whether this transfer achieved the purpose that the client (Johnson) seemed to want when he hired Mr. Valen. Valen, however, said, generally, as regards life estates, "speaking in generalities, it seems to me that a life estate entitles a person to use the property, to harvest crops from it; and, I believe in certain circumstances, logging is considered a sort of crop." Valen, however, had not yet read the Honourable Judge Mondry's decision (Valen was not the trial attorney in Mr. Johnson's case), and therefore did not want to comment on the court's reasoning. Through the duration of this ordeal, Albert Johnson has been advised by, in addition to attorney Valen, attorneys William Jones and Gregory Larson of Park Rapids, and claims to have incurred about $4,000 in legal fees. Johnson said that several persons in the area are circulating petitions which have garnered about 60 signatures, so far, of people who demand that Johnson's land be returned to him. This is not legal advice: A legal dilemma is sometimes presented in the case of remainder interests: The person with life estate, theoretically, should have full use of the land. It is understandable, however, that if a landowner had sold a remainder interest, and then damaged or devalued the property, that might injure the remainderman who bought it in good faith, and the remainderman might have action to prevent the injury or recover damages. In the Johnson case, however, he didn't sell the remainder interest - he gave it to his daughter for her use after his death. That transfer, nonetheless, prevented his using the property, during life, as he saw fit. Photo captions (photos are not included in The Library edition): Albert Johnson looks through the legal documents that caused him to lose control of these 120 acres that he's had for 30 years. Advertising. Mr. Johnson is glad to give his opinion of the value of the legal services he received. ---------------------------------------------------------------- REMER SCHOOL INVESTIGATION OPENED Northern Herald now opens an investigation of the Remer District schools, as regards the practice of students there being referred out for special education. Some parents have criticized the district as doing this excessively. 6 children have been so referred out this year. Parents with information regarding this practice by the Remer schools are encouraged to contact Northern Herald at 218-759-1162. ---------------------------------------------------------------- If You Want Something Done Right, Do It Yourself ------------------------------------------------ HOW TO SUE THE BASTARDS The material presented herein is strictly for the sake of stimulating discussion - it is not to be taken to apply to any specific case, nor is it to be taken as legal advice. Not being lawyers, we are not permitted to give legal advice - we can only give the illegal kind. For legal advice, readers should contact an attorney, if they can find, and afford, one. PART 1 THE SMALL CLAIMS, OR CONCILIATION, COURT Earlier installments may be found at The Library at our website. Installment 2 - Service of Process. Now that the case is filed, a copy of the form (Summons; and Statement of Claim, or Complaint) must be served upon the defendant. Generally, most people consider a case commenced upon filing, but actually, service is just as, if not more, important in initiating any action in any court. In many filings, the essential running of time for various acts starts not with the date of filing, but the date of service. The summons and complaint are what require the defendant to appear in court, but are only effective if he has notice. This requires service of process, or notice, which is normally the responsibility of the plaintiff. If the claim is for $2,500. or less, the court administrator will generally serve the summons and complaint upon the defendant, by mail, without additional cost, and will either tell the plaintiff at filing, or mail to him, when to appear in court. If the claim is for more than $2,500, the plaintiff must have the defendant served. In this case, the court clerk will fill in the court date on the summons. The plaintiff may serve the summons and complaint on the defendant by sending it to him, by first class certified mail, with postage fully prepaid thereon and return receipt requested; or personally, by having any person of age and not a party to the action (or spouse of same) simply hand the defendant a copy of the process (summons and complaint). A party may not evade personal service by refusing to accept the process - if this is attempted, it is generally sufficient that server simply drop the process before the defendant. If the server, however, does not leave the process with the defendant, then service is incomplete. Special provisions apply if the defendant cannot be contacted in person - see the Minnesota Statutes for rules of substitute service. Personal service will also be necessary if the defendant fails to receive the service by certified mail, or if the mailing by the Court is returned, and plaintiff cannot provide a better address. Whether by mail or in person, following service of the defendant, the plaintiff must promptly file a Proof of Service with the court clerk. For service by certified mail, it is generally sufficient to file the postal return receipt to show that it was received. In personal service, the person making service fills out and signs before a notary (there is usually one at the court clerk's office) a Proof of Service form that says that they served the defendant. The clerk can generally show litigants what a Proof of Service form looks like, and may be able to provide a copy. In some cases, when the defendant evades service by not picking up his mail or being difficult to contact in person, or otherwise is difficult to serve, the plaintiff may want to have it served by the County Sheriff. The Sheriff charges a fee for this - usually about $40-50, but is usually knowledgable about how to perform substitute service, if necessary, and will often be able to do so (Sheriffs' offices have civil divisions or special deputies that do a lot of this). In this instance, the Sheriff will provide the completed Proof of Service to the plaintiff, which is then simply filed with (given to) the court clerk. In all cases, it is the responsibility of the plaintiff to ascertain that the Proof of Service has been filed. If it has not, the case may not be heard. If it is necessary to have the Sheriff serve the process, and if the plaintiff prevails (wins his case) the fees the plaintiff paid the Sheriff for service will usually be added into the judgement amount that the defendant must then pay. This series continues with installment 3 - Evidence and subpoenaing witnesses - next issue. THIS COLUMN IS BROUGHT TO YOU BY THE FIRM OF C. N. AMBLE, LANCE & CHASE --------------------------------------------------------- BAREFOOT AND PREGNANT Contemporary Ladies' Perspective, Advice and Tips by The Lady Steele TRAVEL TIPS Having a permanent checklist of things to take when you travel can save inconvenience and money. These things might well go on it: 1) Airplane food. Due to heightened security, your airline may no longer be serving in-flight meals. This is something they don't tell you when you buy your ticket. A few sandwiches in your carry-on may make the trip more pleasant, and a brie and crackers is always a nice touch (it goes well with the wine they still serve.) 2) Headphones. There's no charge for the in-flight movie; the catch is that they rent you headphones for $5 apiece to listen to it. You can buy a set for not much more (and sometimes less) than this, pack them in your carry-on, and use them over and over. SHOPPING HINTS If you use things like Zip-lock(R) bags, paper plates or cups, paper towels, tissues and candles; buy seasonal (holiday-printed) ones after the holiday. You can stock up for the whole year at a fraction of the usual cost. ------------------------------------- ISSUE OF 12/08/2002 - VOLUME 7 NO. 3 ------------------------------------- Leading Edge Journalism NEVIS COUNCIL REFUSES TO FOLLOW LAWFUL PROCEDURE NEVIS -- The Nevis City Council continued to refuse to abide by the Minnesota municipal statutes, holding a meeting November 13th but refusing to allow Nevis mayor Phillip Harris to preside over the meeting as required by law. Shortly after the meeting convened, the council took up the matter of whether it should proceed with Harris presiding. Councilman Wambolt presented a letter from attorney Jeanette Behr, of the League of Minnesota Cities (LMC), indicating that the attorney could find no authority for the Council's removal of the duties of the mayor, as was done at their August 23rd meeting. But other councilmen also produced a letter from City Attorney John Masog and contended that, per that letter, Masog believed that the actions of the council, in removing Harris from his duties as mayor, were proper. Masog was not present at the meeting. Wambolt, however, examined the letter and said, "this letter doesn't state that the City [Council] had the authority [to remove the mayor's duties]." In advising the council in his letter, Masog had relied on the general provision of Minnesota Statutes (M.S.) 412.191 that, "The council shall have power to regulate its own procedure," apparently interpreting that to extend to a power to define the duties of the mayor and acting mayor, notwithstanding that those duties are specifically addressed by other state law. (see The Law, post) Don't confuse me with the law, let's just do what we're going to do. City Administrator Maureen Cirks replied to Wambolt, apparently angered by his attempts to follow legal procedure, asking, "Why are you making so much out of this? Why are you going on and on and on about this?" Wambolt replied, "Because I want the laws to be obeyed." Addressing the matter of the signing of City checks, which, since August 23rd, has been performed by the Council-appointed acting mayor Al Huesman as the City has not presented such checks to Harris for proper signature, Wambolt also read from the LMC letter "to prevent an elected official [i.e. Harris] from signing checks could, in itself, be a violation of state law. Minnesota statutes require the mayor to sign certain documents. Every contract, ... license, or other written instrument shall be executed on behalf of the City by the mayor and the clerk." It was asserted that the authority of the acting mayor to perform these functions was limited to existing only in the absence of the mayor. It came out, at the meeting, that former councilwoman Pam Brown also has a signature card, on the City account, on file at the bank, and so can sign City checks. Councilman Wambolt asserted that, in addition to the action of the council in removing the mayor's duties, August 23rd, being, per the LMC letter, without authority, he believed that it may also have been procedurally incorrect because it was deemed passed on a vote of 2-1 with a quorum of five present. Wambolt argued that even if it had been a proper matter for the Council to consider, it would have required at least 3 "yes" votes to constitute a majority of the quorum for passage. Minnesota state law requires ordinances to be passed by at least a majority of the total number of councilmembers, including those absent or abstaining; generally, per the LMC Handbook, resolutions can be passed by a simple majority of votes cast. Other councilmen chastised Wambolt for making the inquiry of LMC to ascertain if the August 23rd actions were proper, and Councilman Huesman objected to being constrained by the law. "Well, I don't go home and read amendments and all this stuff," he said. "That's what we [as a council] do, though," replied Wambolt. Kelly Cirks, a strong opponent of Harris, and husband of City Administrator Maureen Cirks, addressed the Council, loudly propounding, "In ... two months, Al [Huesman], you've done a tremendous job as the acting mayor. ... we got more accomplished. ... if we did something illegal, that's fine.... the Council ... was elected to get stuff done, not controversy continuously." Notwithstanding the LMC determination that the city council did not have authority to affect the duties of the mayor, Councilman Winters moved that the Council again proceed as they had for the past two months, with Huesman presiding, and that the matter of Harris resuming his function as mayor be tabled until the December meeting. The vote was 2-1, with Winters and Huesman voting "yes"; Harris voting "no" and Wambolt abstaining. The Council proceeded as if the motion and passage were proper. Because of the possible illegality of the meeting procedure, and of those since August 23rd, future legal questions may be raised as to the validity of business done at those meetings, and also whether any contacts entered into pursuant to those meetings are binding under law. Later in the meeting, the Council discussed the current audit of the City's books being conducted by the Minnesota State Auditor, as well as a special investigation into Nevis city procedures, which, according to information presented at the meeting, has been launched by the office of the Minnesota Attorney General. Maureen Cirks said that the special investigator at the State Auditor's office told her that "once a week, they get a call from a [Nevis] resident" with new allegations of impropriety for the Auditor to investigate. Councilman Winters suggested that the Council take action to stop Nevis citizens from calling the State Auditor and Attorney General; Councilman Wambolt had to remind Winters that, in America, that can't be done. Following the November 13th meeting, Harris, who has considered legal action to restore his duties and prevent the Council from acting beyond it's authority said that he would prefer to resolve the matter without filing suit against the councilmen; that he believed that resolving the matter out of court, if possible, would be better for the City of Nevis. In this, on Dec. 3rd, Harris attempted to call a special meeting of the City Council for Dec. 6th to discuss the matter, as well as the issue of the procedure that the city will use for filling a council seat vacancy, but was thwarted as City Clerk Maureen Cirks did not receive the notice of the meeting sent to her by certified mail until Dec. 4th, when inadequate time remained to properly give the 3-day public notice of the meeting required under M. S., Sec. 13D.04, Subd. 2. Harris has sought the assistance of legal scholar and author, former Crow Wing County (Brainerd) Attorney John Remington Graham, who, last week, said that he would consider bringing the matter to the attention of the Minnesota Attorney General for possible action by the State in the nature of quo warranto [you're not supposed to know what that means -- Ed.] against the council-members who exceeded their authority by refusing to allow Mayor Harris to exercise his duties. The council's action attempting to depose Harris came shortly after their August 14th meeting at which Harris made an allegedly obscene gesture directed toward Nevis police officer Bob Potter. Pursuant to a request from the council, (then) City Attorney John Masog brought charges against Harris, for disorderly conduct. The offense which, when prosecuted, normally carries only a small fine, probably does not rise to the level of official malfeasance for which an official could be removed from office by legal action, and no legal action has been commenced to remove Harris from office. Harris has maintained that his gesture, though an unusual method at a public meeting, was communicative, not obscene; that it was without romantic or obscene overtones and it communicated to Potter the same degree of contempt that Potter had directed toward Harris at the meeting. He described how he was trying to conduct an orderly meeting when the exchange occurred. Said Harris, "My gesture to Bob Potter was warranted and appropriate, and childish. Bob Potter diverted the subject and made an issue out of nothing. "I had received two reports (one from Bob Potter on 11 August, and one from Marlin Winters on 6 August) of an unnamed council member telling the (then) police chief that 'he could not back-up the Akeley cop,' so I tried to close the council meeting to the public (with the allegation of a crime, I felt I was required to). But Bob Potter wanted the meeting kept open, then stated 'you asked me to resign ....' He was referring to a conversation between us on 12 August. "I did not ask him to resign, but even if I had, it is not a matter of public debate with nothing to substantiate it. When and if I ask him to resign, I will do so in writing, citing specific reasons, after consulting our policy manual and M.S. Chapter 419. "A gesture is worth a thousand words." s/ Phillip J. Harris Harris, who was elected 108-92, has also maintained that the gesture is a red herring being used by city officials who oppose his efforts to reduce runaway city spending and his insistance that Nevis municipal procedures be in compliance with state law. The Law. Nevis is a "Plan A" statutory city. Plan A cities appoint, rather than elect, their clerks. Minnesota Statutes (M.S.) 412.02 provides that the mayor shall be elected. M.S. 412.121 directs the council to, each year, select an acting mayor from among its members; the duties and powers of the acting mayor, however are limited, by the statute, to performing "the duties of mayor during the disability or absence of the mayor from the city or, in case of vacancy in the office of mayor ...." M.S. 412.191, Subd. 2. states that at council meetings, "The mayor or, in the mayor's absence, the acting mayor, shall preside." As to when and how the council may exercise power over the office of the mayor, M.S. 412.02, Subd. 2b is specific: "A vacancy in the office of mayor or council member may be declared by the council when the officeholder is unable to serve in the office or attend council meetings for a 90-day period because of illness, or because of absence from or refusal to attend council meetings for a 90-day period." The statute permits no other action, and also provides that if the office is declared vacant and the vacancy is filled, then "When the person is again able to resume duties and attend council meetings, the council shall by resolution remove the temporary officeholder and restore the original officeholder." It is clear from the statutes that any replacement, by the council, of an absent mayor is intended to be only temporary; there appears to be no authority whatsoever, in the law, authorizing the acting mayor to assume mayoral functions when the mayor is present, as has been the case at Nevis. M.S. 412.191, Subd. 4 requires that, as regards ordinances, they shall be enacted by not less than a "majority vote of all the members of the council...." rather than by a simple majority of those present and voting. M.S. 412.201 provides, "Every contract, conveyance, license or other written instrument shall be executed on behalf of the city by the mayor and clerk, with the corporate seal affixed, and only pursuant to authority from the council." Generally, checks are considered written instruments. Note: This report is a follow up of the story "High Corruption Erupts at Nevis," in the 11/03/01 issue. That initial story may be found in The Library at the NH website. Photo captions (photos are not included in Library edition): The Nevis City Council at their November 13th, 2001 meeting at council chambers in the Nevis Fire Hall The Honorable Mayor Phillip Harris, not allowed by the Council to preside, but still seated as a voting councilman, studies an item of business before the Council. Councilman Bob Wambolt Long-time Nevis City Administrator Maureen Cirks, and husband, Kelly Cirks, at the Nov. 13th meeting. Kelly is employed by Reed's Sporting Goods, Walker. TAXPAYERS' COST OF ADMINISTRATION - MINNESOTA CITIES This table compares estimated annual costs of random cities, both with and without a municipal liquor store. Shown are type (full or part time) of city clerk or administrator, and the assistant or deputy clerk, or trasurer; salary of each, estimated benefits cost, total and per capita tax cost. The per capita computation is not the cost per tax-paying household, but, rather, is the average cost to each individual counted in the population, regardless of age. MINNESOTA 2000 LIQ. CLK/ ANNUAL ASST/ ANNUAL EST. EST TOT PER CITY POP. STR? ADMN SALARY DPTY SALARY BNFITS COST CAPITA Nevis 364 Y F/T $35,000 F/T $17,000 incldd $52,000 $142.86 Kelliher 290 Y F/T 25,800 P/T 4,500 $5,151 35,341 122.24 Herman 497 Y F/T 30,451 P/T 8,060 6,547 45,058 90.65 Remer 372 Y F/T 24,232 none 4,119 28,351 76.21 Sebeka 710 Y F/T 28,680 F/T 11,815 6,884 47,379 66.73 Deerwood 590 N F/T 32,760 none 5,569 38,329 64.96 Akeley 385 Y P/T 900 F/T 20,134 3,423 24,457 63.52 Raymond 803 N P/T 11,040 none 845 11,885 14.80 Statistical Notes: 30 hours or more per week is regarded here as full time. Some salary amounts are estimates where hours per week varies. Benefit costs are generally estimated at 17% of salary, unless a different amount is known, and may vary somewhat. Estimated Nevis benefits, per the 2000 payroll, as furnished by the City Administrator, are included in the salary columns. -------------------------------------------------------------- CIRKS IDENTIFIED AS THIEF But Nevis City Attorney John Masog Refuses to Prosecute Theft NEVIS -- Eleanor Cirks has been identified by an eyewitness as one of two people who, on Nov. 13th & 15th, shoplifted all copies of the Northern Herald from a coin rack at Danny's restaurant in Nevis. The issue stolen contained reporting regarding Cirks's daughter in law, Nevis City Administrator, Maureen Cirks. Elinore is the mother of Kelly Cirks, Maureen's husband. The Nevis police chief found 49 copies, of approximately 70 stolen, in Cirks' possession; the 49 copies have retail value of $24.50. Although the information was turned over to Nevis City Attorney and Asst. Hubbard Co. Attorney John Masog, Masog, on November 22nd, refused to prosecute the theft, giving as his reason that limited numbers of Northern Herald are sometimes available free in other locations; notwithstanding that the rack and the copies stolen were sale copies, clearly marked with their price, and a box was provided on the self-service rack for coin deposit. Nevis loves thieves. Following the incidents, Danny's acceded to the thieves' wishes, and refused to further sell the Northern Herald. Danny said that "house" copies, which could be stolen without repercussion, could still be left there. Claim made. As shoplifting offenses are normally and routinely prosecuted, following Masog's refusal, Northern Herald made claim, in the amount of $200 billion, against Hubbard County for damages due to denial of equal protection under the laws, under the 14th Amendment to the United States Constitution. Although, regardless of the outrageousness of their actions, prosecutors generally claim a common law defense of "absolute immunity" from suit, the issue of whether a corrupt prosecutor should be able to hide behind that defense in cases of willful misconduct, discrimination and nonperformance of his duties is currently before the United States Supreme Court in a similar case brought by Northern Herald against Beltrami prosecutor Tim Faver. Prior to the Northern Herald being available there, Nevis's only source of local news was the Northwoods Press, located next door to City Hall, and which has, in its past reporting, appeared to be particularly friendly to City Administrator Cirks's clique. Editor's Note: Priorities. It is interesting that Masog chose to prosecute Mayor Harris for a hand gesture ( elsewhere, this issue), a petty crime which disrupted order but ultimately didn't injure anyone or cost them anything; but then, refused to prosecute a deliberate theft, which did. -- Ed. -------------------------------------------------------------- MASOG RESIGNS NEVIS -- In the face of at least two separate complaints, filed before the Lawyers Professional Responsibility Board, of conflict of interest and misconduct, John Masog, on November 27th, resigned as Nevis City Attorney, sending his resignation, effective Dec. 11th, to City Administrator Maureen Cirks. --------------------------------------------------- CORRECTION (no, not even we are without sin) The reference, in our November 3rd issue (print edition), to a check issued by the City of Nevis to pay for rental of a tent for the liquor store manager's wedding, was in error. The source of the original information, a Nevis city employee, has acknowledged that some confusion resulted from there being two separate tent rentals; that the payment by the City was actually for a tent rented for use at Nevis's annual Muskie Days festival. ---------------------------------------------------- Leading Edge Journalism BEMIDJI SCHOOLS WILL TRY TO SQUEEZE TAXPAYERS AGAIN Calls Special Excess Levy Referendum Mid-Winter, When Seniors, Seasonal, Other Taxpayers Are Out-of-town BEMIDJI -- Only 4 years after asking taxpayers for, and getting, 43 million dollars for a new high school, located far enough from the city center that, for most kids, walking is no longer an option, ISD #31 is now asking voters to approve a $24.98 million levy increase, over 10 years, over and above what the state prescribes and provides, to operate it. Per Superintendent Rollie Morud, the state now provides about $4,100 per year per weighted pupil. The school district has called for the confusingly stated (on the ballot) issue to be voted by mail, in this December 18th, 2001 special election. By calling the special election, rather than have it voted on the regular November election day, the school district gains an advantage in that many Bemidji residents who winter elsewhere are less likely to vote. These are primarily people who pay Bemidji school district taxes on their residences here, but don't have children attending the school, and would be more likely to vote against the tax issue. By calling the election at this time, their "no" votes are less likely to be cast and counted. Ballots are mailed to voters' Bemidji (i.e. registered) addresses and cannot be forwarded. Morud said that ballots returned due to address change will be resent to the winter address, but following a similar mid-winter special election, a few years ago, at Park Rapids, many out-of-town voters claimed that they never received their ballots, or didn't receive them in time to timely vote. An alternative, when there's more space. While Bemidji's ISD#31 officials, as well as those at Osseo and other districts across the state are crying that they just can't teach students for what the state allows, those sentiments are not echoed by the Schoolcraft charter school in the Bemidji district. Schoolcraft may have found a better way to teach - the only problem is that it's been so well received that Schoolcraft, with grades K-8, filled immediately on it's founding, in 2000, and Superintendent Scott Anderson said that the waiting list for Kindergarten runs to year 2006. Charter schools are directly funded by the state in the same per student proportion as other types of public schools. Anderson explained that Schoolcraft doesn't have a problem with the per pupil amount that the state prescribes, "We receive the same amount of funding [per pupil] that any other public school ... receives. We've chosen not to ... offer a lot of extras, so to speak. We have to live within our budget; we have no recourse ... we can't raise their taxes." Schoolcraft's success refutes the theory that quality of education is tied to more dollars coming in. Anderson said that the school lives within its means by sticking to academics, rather than spending a lot of money on extra-curricular activities and sports; that, for example, rather than have a large expensive "media center," they teach students "to use public resources, like libraries ... " The funding provided to Schoolcraft is adequate for it to offer current technology, such as the Internet, at the school. Anderson said that the ability of Schoolcraft to accept more students is limited only by physical space for classrooms. There are presently ten, with class sizes limited to about 16 pupils. Because the charter school presently uses leased facilities on the Concordia campus, construction of larger facilities would be complicated, requiring not only capital expense, but also Concordia's OK, and no immediate expansion of the charter school is planned. ------------------------------------------------------- SMILES ABOUND AT BIG DENTAL CLINIC IN SMALL NORTHERN CITY Part 4 of a multi-part series resulting from our continuing investigation of health service practices in Northern Minnesota Photo caption (photos are not included in Library edition): DEERWOOD -- More and more in the Northland, dentists are working a 4-day week. And if you need emergency treatment on a weekend, you're just SOL (Simply Out of Luck). At The Smile Center (1-800-477-7645), at Deerwood, Minn., though, they have a better attitude. Dentists are there 'til 8 pm during the week, and 'til 5 on weekends. The reception staff who manage the huge volume of patient files on the shelves behind the desk, are exceptionally friendly, efficient and helpful in matters of scheduling, medication, and contacting your dentist should an urgency arise. The clinic was founded by Dr. Silker about ten years ago and now has nine dentists, including Dr. Harrison, a periodontal specialist. At upper right, Dr. Harrison uses his dental microscope to perform a delicate office procedure. Deerwood is about 18 miles NE of Brainerd, near Crosby and Ironton. Front desk receptionist Traci Flanck explained that The Smile Center is one of the few Northland providers that welcome patients covered by MinnesotaCare and medical assistance, as well as certain discount dental plans, and they also have payment plans available, if arranged with the clinic prior to service. ----------------------------------------------------------- In Focus -------- GAME FEED AT BECIDA Note: Our IN FOCUS feature is primarily pictoral. Photos, however, do not appear in the Library edition. BECIDA -- The Becida Community Church held it's annual game feed December 1, 2001. The event raises money for the youth fund for bible camp and scholarships through free will offerings. It was an exceptionally fine bounty year with lots of donated game. The all-you-can-eat meal featured the exceptional barbecued beaver and teriyaki bear, for which the feed is becoming known, Mr. Ewert's venison chili, which took first place at this year's United Way cook-off, as well as elk, duck, goose, pheasant, fish, and other game meats and side dishes. Said Ewert, "We have pumpkin cheesecake AND chocolate cheesecake." Photo captions (photos do not appear in the Library edition): It couldn't have been too different from the first Thanksgiving as diners, who filled the hall, line up to enjoy the fall bounty, count blessings and sup together at Becida's annual feed. A server dishes up a hearty portion of Racoon, while event coordinator, deacon and and lead cook, Tim Ewert, shown at bottom and inset, brings a selection of fresh pies to each table. Kids and adults peruse the abundant door prize table. --------------------------------------------------------- Letters to the Editor MANTRAP BOARD STEAMROLLS OVER LONG-TIME PROPERTY OWNER This is a letter to all citizens of this fine community. Please help!! We are victims of a terrible injustice that took place at the Mantrap Township Hall on Monday evening, November 5th. As many of you know there is a new development called, "Wildwood Point" now platted out on Shallow and Deer lakes. For the past 20 years we have been the owners of about 115 acres of land north of this development. On October 1st, 2001 at the Mantrap township board meeting, these developers by the names of Charlie Loerging and Dan Binsfeld petitioned, not Nevis township where the development lies, but Mantrap township, for a 66 foot wide easement for a private road on the existing cartway. This existing 15 foot cartway is owned by the developers and has been used for over a century. It is about one half mile long and goes through two property owners. On October 22nd the Mantrap township called a special meeting at the suggestion of their attorney who was to notify all those individuals involved by printing a notice in the paper and sending them a written letter informing them of the meeting. Of course the township board knows that I don’t reside on the premises and do not receive your local paper. The township attorney Rebbeca Anderson, from Bemidji, says she did not know my correct address at Gaylord, Minnesota and therefore the letter was returned to them. By the time a call was made to us by their attorney, it was too late for us to attend the meeting. At this special study meeting on the advice of their attorney, ... [Mrs.] Anderson, the board was to look at alternative routes so they could choose the 'best and safest" route for the land developers, never mind the land owners. For the next few days the Mantrap township board members and others walked and trespassed all over my property trying to find a better route for the developers. Well you guessed it! They hit the jackpot! On Monday night, November 5th, the board members, Victoria Duncan, John Rondestvedt, and Marty Steffel changed the original petition. They are now giving them a 66 foot wide "path", which according to the law need only be 33 feet. This "path" begins on the eastern corner of our property, crossing over diagonally to the west. This would meet the road the developers have already made on their property, just where they want it with no concern as to where ... [we], the land owners would prefer it. I pleaded with the township board for more time to receive due process of the law, only to be rejected. To his credit Marty Steffel made a motion to give me more time to seek council, but it died for lack of a second. Victoria Duncan made the motion to proceed with the condemning of my property. Folks, in 35 days these board members, and developers, will have changed the lives of my wife, my six children, their spouses, our grandchildren, and myself forever. Even with this in mind the board felt it was a good route to take as "it would only affect one person"!! We are not wealthy people as to afford expensive legal council. We come to you who are the court of public opinion. We ask that you talk of this our plight at your coffee and dinner tables. If this can be done to me and my family it can be done to anyone!! Should this road be built we will be calling our property "Naboths Vineyard." Please look in your bibles and read 1st Kings, chapter 21 and see how history is being repeated. Thank you for your time and feel free to call or us as any help or comfort we receive from others will be appreciated. Sincerely, Hans and Shirley Kranz 48954 270th Street, Gaylord, MN 55334, 507-237-2700 hkranz@prairie.lakes.com Editor's Note: Rebecca Signe Anderson is the daughter of Minnesota Supreme Court justice Russell Anderson and wife of corrupt (our opinion) attorney Eric Schieferdecker who works as an Asst. Beltrami Co. Attorney in the office of Tim Faver. ------------------------------------------------------ CONSUMER CORNER Readers are invited to submit consumer complaints or compliments to this column, and to our Auto Service Forum. Send info c/o this paper, P.O. Box 1535, Bemidji, MN 56619 CAUTION URGED WITH DENTAL LABS With the costs of dentures what it is at most dentists' offices, many dental labs have sprung up offering direct sales to the public at substantial savings. Northern Herald, however, suggests caveat emptor - let the buyer beware - in ordering from labs, particularly if an up front payment is required before you receive the dentures. Most labs may be legitimate, but this is the second complaint on dental labs we've received in the last few months, so people are having problems. Before making an advance payment to a lab, customers may want to check out how long it has been in existence at its location, have any suits been brought against it (find out from the court clerk at the county seat), and reputation per the local Better Business Bureau. There's nothing wrong with asking 1) for references (i.e. other customers), and 2) what assurance does a customer have of delivery and satisfaction with the product. A consumer writes: In September of 2000 1 called Sid Jones Dental Lab [Cass Lake] about having a denture made. I spoke with Jason Rivers [the office manager]. He told me they do a very good job and assured me I would be satisfied or they would "make it right.” I live out of state and asked if the procedure could be completed within one week. He said it would be no problem, only a few days. I met with Jason in October, paid $250.00 cash, and started the process. I went back twice for fittings. On the day I was to pick up my denture the office was closed. He was in the hospital and there wasn't anyone to get it for me. Each trip to his office was 180 miles round trip for me. I was flying out the next morning, but thought I could get them mailed to me. I made several calls and left messages, which were not answered. I did finally reach Jason and he agreed to send the denture to me. I never received it. I called several more times and finally reached him again. He said he lost my address, but would send it right away. Still nothing. After months of nothing I called and told him I would pick up the denture when I returned to Minnesota in August. Once in Minnesota again I called his office and spoke to his wife [Carol Rivers]. She said he was too busy to see me that day but to come by "tomorrow". When I got there the office was all closed up. We waited, no sign of them. Two trips later and still nothing. We reached them by phone and asked for our money back and were told to come in "tomorrow" and he would have the money for us. Same thing, no one was there. I had to return to Nevada again, so asked my daughter to try on my behalf. She actually found Jason in the lab. She informed Jason that if I didn't get satisfaction from this that we would take action. Jason told her there is nothing we can do because they are on a reservation! He asked her to leave and not come back! I am sending letters to the Insurance Commission, Medicare, & the Veterans Administration, Indian Health Services, Dept. of Health & Human Services. If any of your readers have had similar problems they can write to the same authorities, or send them to me and I will forward them on. Thank you! Mary Cunningham Fallon, Nevada Northern Herald adds: Contacted on this matter, Jason Rivers claimed that he'd mailed the dentures. He also said that when the customer complained of not receiving them, "We tried to compensate her at that time ... I was going to give her 50% back." He offered that the customer could come in for recasting and the lab would make a new set without additional charge, or the lab would refund 1/2 of the amount paid, to settle the matter. It is not known, at this time, whether these offers will be accepted and followed up in good faith; Northern Herald can make no statement regarding the credibility of the allegations, statements, claims and offers of either party. ANOTHER ALTERNATIVE TO QUEST(R): US LINK The Pequot Lakes firm of US LINK has gotten the OK to offer local telephone service in the Northland. They resell service on Quest® lines at competitive rates, depending upon your options, and also offer competitively priced Internet and long distance service with a high standard of quality. US LINK offers an internet discount for customers who also use their local telephone service. US LINK (888-604-9900) offers local telephone service, using your existing telephone number, in many Northern regions, including Bemidji, and including areas where Paul Bunyan Telephone does not yet offer service. Product research has shown that whereas it is very hard for customers to reach Quest®, often involving wading through a complex automated answering system, long delays on hold, and sometimes finally reaching a recording that says Quest® is too busy with other callers and hangs up; at US LINK, if problems or questions arise, it is very easy to speak directly with the appropriate staff person who is usually friendly and knowledgeable. ------------------------------------------------------- BAREFOOT AND PREGNANT Contemporary Ladies' Perspective, Advice and Tips by The Lady Steele HOUSEHOLD HINTS COOKING A small teaspoon of corn starch, added to fudge, will improve both the flavour and the texture. When cooking pasta, a tablespoon of cooking oil (or, preferably, olive oil) added to the water will keep it from boiling over as well as keep the pasta from sticking. To keep gravies and sauces from being lumpy, mix salt with the flour before adding; OR another way is to, firstly, dash the flour into the hot drippings, over medium-high heat, and lightly "fry" it before adding water, cream or other ingredients. To cool an oven faster, put a pan of cold water in it. Also, putting a pan of cold water on a hot burner will absorb the heat. When baking breads or rolls in an oven, put a pan of boiling water in. It will keep the crust smooth and soft. LAUNDRY To take wrinkles out of light knits, spray a little spray starch and smooth out with your hands - this is much cheaper than the new Downy® spray. To prevent wrinkling, after ironing, place clothing on hangar and cover with a dry cleaning bag (a clear plastic "garbage" bag, sold by the roll, works fine, if you haven't ever used it for garbage). When traveling, rolling your clothing, instead of folding it into your suitcase, will prevent wrinkles. And Adam sez: This is particularly important with ties. CLEANING (a Woman's joy): Shaving cream is an easy way that works well to take spots out of carpeting. To clean plumbing pipes without lye or harsh chemicals, try pouring (at the same time) a tablespoonful of baking soda and a cupful of vinegar down the drain. A KITCHEN HELPER -- So, you'd like to serve a gourmet Louisiana meal, but don't have time to go to New Orleans tonight? In less than an hour, you can whip up a three-dish creole smorg with Zatarain's Jambalaya, Chicken Creole Rice Mix (add shrimp instead), and Black Beans and Rice. Each dish contains it's own distinct medley of authentic seasonings. Add tomatoes, shrimp, and smoked sausage to make 3-4 complete dinner entree servings for under $12. ------------------------------------------------------- If You Want Something Done Right, Do It Yourself ------------------------------------------------ How To SUE THE BASTARDS (Part 1 of an ongoing series, brought to you by The Firm of C.N. AMBLE, LANCE & CHASE) Some have said, criticizingly, that, as a society, we've become more litigious - more likely to take legal action in the event of wrongdoing. Courts are crowded. But it may be that there's just more wrongdoing - scams, transactions in ill faith, professional malpractices, even breaches of American rights and procedure by power hungry lower government officials - going on. That may be why the courts are so crowded. Indeed, if one goes to the law library, he'll find two full volumes - thick bound books - of citations relating only to past claims of breaches of constitutional rights (42 United States Code Service, Sec. 1981). Each instance of violation takes up a small paragraph, in little type, on thin paper - yet, in the course of 200 years of justice, they fill these two volumes. In our American system of checks and balances, the courts play a crucial role. For many, it is the last resort to ensure that law is followed. But no longer can one rely on the County or District Attorney to prosecute actions. And despite much teaser advertising, by which private law firms develop a large pool of potential lawsuits from which to pick and choose, you may not be able to find one to take your valid case. It says a lot of the state of the Bar: Even on a tight and lucrative case, on an important principle of justice, it may be hard to find an attorney to bring it. This keeps many from finding justice. The cause may be automobiles: It's more certain, easier money for an attorney to take an auto accident personal injury case on contingency than to take your case dealing with more substantial issues. Just a matter of dollars and sense. Yes, there are a lot of lawyers out there, but there are also a lot of cars. The situation is nothing new. In The History of Julius Caesar, author Napoleon III relates how, in ancient Rome, about 300 A.D., only the patricians - the barristers, or lawyers, had access to the curiae, or courts. Later, during this time, common citizens were given access to the courts. The reaction of the barristers was immediate - they implemented a complex code which the common people would not understand, and which had to be used in court, thus ensuring the lawyers' place in the legal system. Some of this continues to this day, but once again, legislatures and the courts are making filings more straightforward, giving citizens more access, which is needed. We are not opposed to the continued employment of lawyers, and accede that their counsel is valuable - if you can find one. But now, again, as in ancient times, many cases are not seeing the light of day due to the unwillingness of counsel to take them, and it is again more necessary for people to have access. It may well be said that, often, the time people spend searching for an attorney would be far more productively spent working on the research and papers necessary to bring one's case in propria persona, or pro se; at least one would have an opportunity for the merits of the case to be judged. In the interest of more people having access to justice, in this continuing column, we will explain to readers how to bring their own cases before the various courts. The material presented herein is strictly for the sake of stimulating discussion - it is not to be taken to apply to any specific case, nor is it to be taken as legal advice. Not being lawyers, we are not permitted to give legal advice - we can only give the illegal kind. For legal advice, readers should contact an attorney, if they can find, and afford, one. PART 1 THE SMALL CLAIMS, OR CONCILIATION, COURT The easiest way for many people, in Minnesota, to proceed with a lawsuit is in Conciliation Court. This is a court in which attorneys are not generally permitted to practice, so the person bringing the action (the sewer, or plaintiff) will be on an equal footing with the person being sued (the sooo-eee, or defendant). The forms are simple and are generally filled out, by pen, right at the court clerk's desk when one files the action. The fee to commence a case is small and varies slightly by county; in Beltrami and Hubbard counties, it's $25 if the claim is less than $2,000 or $35 if $2,000 or more. If you win your case, your cost of filing is usually added into the amount of the judgement. Even in cases which may have to go to a higher court, this may be a fast, cheap, easy and logical starting point. That's because, in Minnesota, if either party is dissatisfied with the finding of the Conciliation Court, they may take the case up the ladder (appeal it), for trial de novo (new trial) as if the conciliation court proceedings had not occurred. If you lose the case in conciliation court, on the appeal, you can have an attorney, if you've been able to find and hire one by then; you can also then have a trial by jury if you want one. The advantage to starting at conciliation court is that you won't need an attorney at this point, and a lot of cases will be finally resolved here, so it saves your time and money and court workload. If neither side appeals the decision of the conciliation court judge, the judgement becomes final. It is subject to satisfaction (execution) like any other judgement. You've probably seen something like conciliation court on TV on People's Court or Judge Judy. This is where the plaintiff and defendant (the parties) simply tell it to the judge, without complicated legal issues. Many types of cases are heard - product scams, refunds, collections, even property damage and personal injury. The primary deciding factor on whether a plaintiff can start at conciliation court lies in the dollar amount of the lawsuit. In Minnesota, conciliation courts have jurisdiction over (are allowed to hear) cases where the total amount sought is $7,500 or less. If a claim is for more than that, to have it heard simply, in conciliation court, the Plaintiff is allowed to waive damages exceeding $7,500 for purposes of jurisdiction. But if he does that, the most he can recover is $7,500, and, generally, he forever gives up any right to recover more, for that cause of action (the specific reason he's suing) in any court, later. HOW TO PROCEED IN CONCILIATION COURT (INSTALLMENT 1) As with almost all cases before any court, procedure will involve establishment of 1) jurisdiction and 2) venue (proper location); 3) filing the action and payment of fee; 4) service; 5) the subpoenaing of witnesses, if any; 6) trial; and satisfaction or 7) execution of judgement. If the judgement is unsatisfactory, it may include 8) appeal. For those who like to read-RESOURCES: Although not permitted to give legal advice, your county's court clerk can answer many procedural questions, and will probably have the answer to yours. Minnesota court clerks also have two conciliation court pamphlets available free to the public. The clerk can also help you complete the simple form to file the case. The public law library, located in every county courthouse, contains all of the information most people would need to bring any action in any court. For conciliation court, most of the law one would need is contained in a volume of books entitled Minnesota Statutes Annotated at the law library, specifically, Sections 491A.01 - 491A.03 of that book. Citations shown here as "M. S." are found there. Persons with the internet can find the Minnesota Statutes (all of Minnesota state law) online at http://www.leg.state.mn.us/leg/statutes.htm The criteria of jurisdiction and venue are usually met, if the case is for $7,500. or less (a different limit applies to consumer credit actions by creditors) and filed in the county where the defendant lives. One can also sue for the return of property, other than money, that belongs to him, if valued at $7,500 or less. If someone sells you defective or faulty merchandise or service, or fraudulently misrepresents it, conciliation court is often the place to go. There are some exceptions; special types of cases that can't be brought in conciliation court generally include: title to real estate, for specific performance of a contract, libel or slander, class actions, requesting prejudgment remedies, involving injunction, unlawful detainer (eviction), medical malpractice and certain other matters listed in Sec. 491A.01. Exceptions to the general rule as to where to sue include: 1) bad checks may be sued on in the county where issued under certain circumstances (see Sec. 491A.01, Subd. 10); 2) matters involving security deposits and rent may be sued upon in the county where the subject property is located (ibid., Subd. 9); 3) special rules apply in cases involving multiple defendants and suing someone who is not a resident of Minnesota. In these instances, see Sec. 491A.01. Generally, corporations may be sued where their place of business is located; they should be sued under their correct name, which may differ from a trade name. Names, principal offices, and registered agents (for service, post) of corporations may be ascertained from the Minnesota Secretary of State (651) 296-2803. Filing & Fees. The action is filed with the court administrator of the appropriate county, as mentioned, usually where the defendant lives or does business. To commence the action, visit the court administrator or clerk, and request the proper forms for conciliation court. You may fill them out there, and give them to the clerk with the fee. If you don't appear in court on the scheduled day, your case will be dismissed; so if any particular court days are not convenient for you, you should notify the clerk at this time. (Part 1 - Conciliation Court - of this series continues with Service of Process, next issue) ------------------------------------- ISSUE OF 11/03/2001 - VOLUME 7 NO. 2 ------------------------------------- Leading Edge Journalism ----------------------- City Council Deposes Lawfully Elected Mayor HIGH CORRUPTION ERUPTS AT NEVIS NEVIS -- In the peaceful and picturesque city of Nevis, in rural Hubbard County, a war now rages over control of civic government. Apparently spurred by an effort of Maureen Cirks, long-time City Administrator, and certain council members, to invalidate last year's lawful election of Phillip J. Harris as mayor, the Nevis City Council voted, on August 23rd, 2001, to strip the duly-elected mayor of his duties to preside over city council meetings, and to bar him from the council chambers; and Cirks has gone farther, bringing before Judge Kracker, at Park Rapids, under the guise of "harassment," an action for a restraining order in an attempt to physically remove him from Nevis City Hall where Harris attends his other mayoral functions. The minutes of the August 23rd special meeting, which Harris contends was called without proper notice, reflect that the Council, comprised of Pam Brown, Al Huesman, Marlin Winters and Bob Wambolt voted, on a motion by Huesman and seconded by Winters, to appoint councilwoman Pam Brown to conduct future meetings. The motion carried 2-1 with Wambolt voting "no", and Brown and Harris abstaining. Brown then offered a resolution, seconded by Winters, to appoint Al Huesman as acting mayor after October 1st. Pam Brown resigned from the Council, effective Sept. 30th, 2001. Per Harris, following the votes, Cirks chastised Wambolt, shaking her finger at him and challenging, "How can you vote like that?" In interview, Cirks failed to deny that interchange. The action of the City Council appears to have been beyond its scope of authority. Nothing in the Minnesota Municipal Codes authorizes such an action; and in response to an inquiry by Nevis councilman Bob Wambolt, Jeanette Behr, attorney for the League of Minnesota Cities (LMC) advised, on November 2nd, 2001, "I am not aware of any legal authority for a city council to remove an elected official's duties." Accordingly, it is Harris's intent to reassume his chair at the November 13th Nevis City Council meeting. As to the action for harassment by Cirks, who, before Harris, has pretty much had a free-hand in running the City government, Harris admitted that they have had political disputes at City Hall sometimes leading to raised voices on both sides. Harris, who is partially disabled, however, firmly denied any attempt to intimidate Cirks or cause her to fear for her safety, as is generally required for a restraining order to issue, and as sworn to in the allegations of her affidavit and petition. Cirks is, reputedly, a karate expert. Harris said that some of the disputes arose as a result of Cirks's withholding of requested and necessary city information from the mayor, including a letter from City Attorney John Masog, and the formulas used by Cirks to apportion funds; Cirks denied this. Said Harris, the disputes, essentially political, resulted from "different opinions on what the purpose and goals of government [are] ...." Harris stated that one dispute arose because Cirks refused to comply with Harris's request, as early as January, 2001, to have handicapped access to City Hall installed, as required by federal law. At the hearing, October 17th, on issuance of a Harassment Restraining Order, Harris, although disagreeing with the premises under which the order was sought, without representation by counsel, and not knowing exactly how to proceed, consented in chambers to not contest the order. At the hearing, Cirks was represented by Nevis City Attorney John Masog. It is not known why the City failed to obtain disinterested counsel for Harris's defense, as civic functions were at issue. The order specifies that Harris may be in the "administrative work area" of City Hall only when accompanied by a police officer. Harris said that that wouldn't pose a problem - a Nevis officer could be present when Harris had to be there. The order recites that it is not "to preclude respondent [Harris] from being in the city council chambers." 350 people, a full-time administrator and a clerk? The 350 or so residents of Nevis pay an exorbitant sewage fee; each of the 202 households pays a minimum of $24 per month, much of which goes to pay Cirks's salary and benefits of about $35,000, in 2000, and the salary and benefits of the City Clerk, about $17,000 per year. The clerk, Carol Fridgen, was added to the payroll in 2000. One of Mayor Harris's priorities has been scrutinizing unnecessary city expense and ensuring that lawful municipal procedure, including council approval of bills before payment, is followed; this may have made him unpopular with some at the newly reconstructed, almost $100,000 City Hall. City Hall is predominantly occupied now by Cirks; when Northern Herald inspected the premises, the clerk was not to be found; we were informed that she was off for the week. The hiring of the clerk was approved by the council at their February 8, 2000 meeting on motion of councilwoman Brown, and second by Huesman. Administrator Cirks was interviewed as to why she supported the hiring of the clerk: Cirks: "I was working Saturdays and Sundays trying to get the work done, and it was more work than I could handle." Northern Herald: "What was taking all the administrative time, aside from sending out about 200 sewer bills?" Cirks: "Operation of the City." NH: "Can you tell me what an average day's work entails here, administering the City of Nevis?" Cirks: I'd just as soon not be taped." Public Reaction. In 2000, Harris was elected by a margin of 108 to 92 votes. He ran against former Mayor Melander, who had made public apologies for severe cost overruns during his term. Harris was determined to see that the buck, and unauthorized flow of taxpayer's bucks, stopped. Harris severely objected to the practice, which may have contributed to Melander's overruns, of the City Administrator issuing checks for expenses that had not yet been approved by the Council, seeking approval retroactively, and Harris refused to countersign the checks. Following Harris's unlawful removal from his duties of office, signs saying, "We want Maureen Cirks audited - We want our mayor back" have cropped up around Nevis, on City Hall, and on the landmark Nevis Muskie at the City Park. In fact, the books of Nevis currently are under audit at the Minnesota State Auditor's office. For that reason, certain documents which Northern Herald has requested in it's investigation, including itemized 2000 general fund disbursements, were not immediately available. Harris now faces a charge, requested by council members Brown, Winters and Huesman, of disorderly conduct by way of Harris's having made an allegedly obscene gesture to a city employee, police officer Bob Potter, at a heated Council meeting on August 14th. The misdemeanor charge is not one for which he can be removed from office, and Harris has defended his action saying that the gesture, taken in the context in which it was made, did not have obscene or romantic overtones, and given the circumstances, it was a valid communication and the only way he could adequately communicate his outrage for Potter's actions at the meeting; that the gesture was the only way of conveying "the same degree of ... [contempt] that he [Potter] did, by implying [that] I was a liar," Harris said. Photo caption (photos are not included in this Library Edition): Duly elected Nevis Mayor Phil Harris, center, is accompanied by former Nevis Mayor James Hukki, left, and advocate Frank Solchaga, right, on October 17th, 2001, at the courthouse at Park Rapids where he defended his right to perform his civic duties at City Hall, in the face of Administrator Maureen Cirks' attempt, under the guise of "harassment" (non-romantic) to have him barred from the city offices. --------------------------------------------------------------- Bemidji Corruption at Its Best STATE AUDITOR FINDS FORMER BEMIDJI MAYOR DOUGLAS PETERSON WRONGFULLY RECEIVED CITY FUNDS ST. PAUL -- A report issued October 19th, and closing an investigation by the Office of the Minnesota State Auditor into former Bemidji mayor Douglas Peterson's city reimbursements on claims he made to the City for alleged cell phone expense, states that improper amounts were approved for payment by the Bemidji City Council and City Manager Phil Shealy, and paid to Peterson; and recommends that the City seek reimbursement of $426 plus the amounts of any other payments "that the City determines were unwarranted." The report, signed by Nancy J. Bode, special investigator for the State Auditor's office, set forth several specifics of inappropriate payment, during the period from February through October, 1999, including payments of $180.23 for a cell phone which was allegedly used by Peterson's wife. (The Petersons had two phones for which the City was paying; Peterson's wife, however, was not a City employee.) The investigation found that the bills were noted as OK'd for payment and initialed by Shealy, sometimes also with a notation as to council approval; and that, in some cases, the amount "reimbursed" for those bills exceeded the amount of the telephone charges thereon. The Auditor's special investigation division is primarily a fact-finding agency and does not have prosecutorial powers; accordingly, it cannot bring criminal prosecution, but can only refer it's findings to appropriate authorities. A copy of the report was sent to Tim Faver, Beltrami County Attorney, as well as all primary Bemidji City officials. Contacted in early November regarding the investigation report, Peterson said that he had not seen it, and, "I want to see the report," before commenting on the findings therein. Asked specifically if his wife had a phone paid for by the city, he said, "I'm not aware - I need to look at that report." Peterson said that he had not received a request from the City of Bemidji for repayment of any amount, and could not say, at that time, whether he plans to reimburse the City as recommended in the report. The report also faults the City of Bemidji in that: 1) the City's policy, as regards use of the City's 23 cellular telephones (Peterson's phones, apparently, were not City-provided, they were billed in his name) permits limited personal use of City-provided cellular telephones in violation of Minnesota's public purpose doctrine; and 2) "the City does not have detailed telephone account information [i.e. itemization of charges and calls] to support the portion of [Peterson's] ... Cellular One billing paid by the City." The report recommends that Bemidji revise it's policy to 1) prohibit personal use of City-provided phones, except in emergency, 2) prohibit use of same by non-employees, and 3) clearly set forth, in the policy statement, under what circumstances charges for (non-City-provided) cellular phones, owned or leased by city employees, may be reimbursed. After over 20 years as Bemidji mayor, in 1999, Peterson made a hard push, as a Republican, for State Senate, heavily supported by local Republican Bill Batchelder, who has also managed campaigns for city councilman Herb South, who also works at the Bemidji Post Office, and Rep. Doug Fuller. Batchelder runs Bemidji Woolen Mills, which has been known to sell garments, made elsewhere, but bearing a Bemidji Woolen Mills label. Batchelder has direct ties to the Bemidji Fire Dept., and certain Bemidji police vehicles have often been seen in front of Bemidji Woolen Mills. Peterson was defeated, and the following year was defeated, also, for another term as Bemidji mayor. In an unrelated matter, in 1995, the Minnesota Bureau of Criminal Apprehension recommended approximately 17 charges of theft by swindle against (then) Bemidji police chief Robert Tell for seeking and procuring personal vehicle reimbursements for driving actually done in his city-provided car, using city-provided gas. Although admitting the facts, Tell was acquitted by a Beltrami County jury which, apparently, felt that it was just a mistake for which the police chief needn't be punished. He was restored to his job by a city administration then headed by Peterson and (current City Manager) Shealy. ------------------------------------------------------- MERITCARE REFUSES TO TREAT ANTHRAX-LIKE SYMPTOMS Part 3 of a multi-part series resulting from our continuing investigation of health service practices in Northern Minnesota BEMIDJI -- Despite much publicized warnings that persons having cold or flu-like symptoms, the same initial symptoms of Anthrax, are well advised to take precautions against possible Anthrax, such as by use of antibiotics; physicians at Bemidji's MeritCare clinic are refusing to prescribe the Anthrax remedy, Cipro®, even when insisted upon by the patient having such symptoms, and where said patient has no known allergies to antibiotics. In the documented case reported here, the physician gave, as his reason for refusing to prescribe the antibiotic, that Bemidji is not known as an at-risk area; notwithstanding that anyone who has contact with mail that may have passed through a tainted postal processing center is potentially at-risk, and the illness has turned up, sporadically, throughout the country. Interviewed, MeritCare Administrator Warren Larson indicated that MeritCare did not have a specific policy on the prescribing of antibiotics during the Anthrax threat, and that the decision was left up to the individual doctors. Editorial Note: Hopefully, when the first actual Bemidji Anthrax case occurs, which MeritCare and its physicians may have refused to treat in the early stages, they'll get sued for enough to put this poor excuse for a medical service provider out of business, opening the door for additional, qualified, doctors to start to locate, independently, in Bemidji. At present, Bemidji's MeritCare is one of the few places where the doctor-patient relationship takes the form of an adversarial one. A patient, new to the area, commented that MeritCare was unusual, and the worst service she'd received from doctors anywhere. --------------------------------------------------------- Photo caption (photos are not included in this Library Edition): The newly erected Veterans Memorial Park, at Bigfork, Minn., is "Dedicated to All Veterans of Bigfork Valley," as its marker proclaims. The park was built by Bigfork Veterans of Foreign Wars (VFW) Post 1764, commemorating all five branches of U.S. military service. Stone plaques commemorate those who served in WW I & II, the Korean War, the Persian Gulf War, very importantly, Viet Nam, as well as the Civil War, and "all undeclared wars." A special plaque honors Gail Foster and LeRoy Bjorge. Four monuments are inscribed with the names of departed vets. ----------------------------------------------------- LISTENERS, DANCERS, REMEMBER WHEN BEMIDJI -- In northern Minnesota, the name for great jazz and swing is BSU. Both people who remember the first era of the Glenn Miller and the great old big bands, and the present generation which has brought a new era of the sound to the fore, alike, swooned, danced and swung to the great sounds of BSU jazz, October 26th & 27th, at a north Bemidji ballroom. Explained Dr. Steve Konecne, Bemidji State University Director of Music Studies, the school holds the annual Remember When dance to raise money for its operations, including music exchange tours. This year, BSU Jazz Band I will go to Hawaii. Both of the BSU Jazz Bands, Dr. Jeff Macomber's Jazz II, and Dr. Konecne's invitational Jazz Band I, performed excellently for the dance, each with it's own distinct repertoire. Dr. Macomber commented on the direction Jazz II will take in it's interpretation, "I'm going to try to take us into the land of more improvisation and music that's closer to modern jazz," as well as classic jazz and swing. Macomber said these are not disparate, that improvisational skills are "fundamental to [classic] jazz." Jazz II and Jazz I, which played a variety of music, including famous, and modern jazz, as well as swing, will perform the Jingle Bells Jazz public concert at BSU in December. In February, Dr. Konecne's department will host the annual Jazz Festival at Bemidji, this year featuring Kim Park, who has performed alto sax with Stan Kenton's band, and teaches at the University of Missouri; and Twin Cities trumpet player and teacher Steve Wright. For those having weddings and events, Konecne said that Jazz I is available for hire, subject to scheduling, for about $750 for three hours. Not a bad deal, as one gets a complete, conducted, 18 piece big band for not much more than the usual price of a combo. The Top of The River Dance Association will conduct free ballroom and traditional dance lessons and a dance (to recorded music) at the Elks, Bemidji, starting at 7 pm, November 17th. Photo captions (photos are not included in this Library Edition): The distinguished Dr. Jeff Macomber conducts BSU Jazz Band II at Remember When Dance 2001. In the trombone section are Clint Noling, Marc Kaluza, Kevin Petroske and Mike Pommerening.Other members of Jazz II include Chad Hammerschmidt, Kristi Schmeling, James Lillian, Andrea Littlewolf, Candace Borgen, Regina Larson, Jamie Littlewolf, Craig Haugen and Priya Schellin Hyram Price is a BSU music alumnus who returned, for the fun of it, to sit in and perform at Remember When. Price is currently an elementary school teacher at Red Lake. It don't mean a thing if it ain't got that swing! Dancers filled the floor and were joined by Jon and Suzy Langhout, of the Top of the River Dance Association (topoftheriver.com). Sharon Wentworth Steve Ann Schellin Bass player Josh Granowski perfoms with Jazz Band I. Vocal soloist Kathy Macomber. Dr. Steve Konecne, Director of BSU's School of Music, powerfully conducts the renowned BSU Jazz Band I at Remember When. In the band are Karissa Schneck, piano; Vinnie Marianello, guitar; trumpets: Betsy Danielson, Sharon Wentworth, Nick Wentworth, and Graham Steeds; Josh Granowski, bass violin; saxes: Jared Larson, Amanda Drummond, Cameron Koener, Tony Kerr, and Shannon Murray; trombones: Kevin Petroske, Russ Sackett, Rebecca Barckholtz,and Katie Roslie. In the later sets, visiting alumnus Rod Joppru joined in on Bass Sax. ----------------------------------------------------------- GAME FEED AT BECIDA BECIDA -- Becida Community Church will hold its annual game feed Saturday, December 1st, beginning at 5 pm. The feed, which in past years has featured excellent bear, beaver, venison chili and many other Northern Epicure treats, is open to all, with free will offerings accepted. Persons wishing to donate game may contact the Church at 218-759-1603 --------------------------------------------------------- In Focus MICHAEL DOUCET & BEAUSOLEIL GRAND RAPIDS -- Years ago, when this writer was yet a novice at wines, he happened to comment, to a more experienced wine person, that he didn't like Pouilly Fuisse. "Oh, you must have gotten a bad bottle," she said, as it would be almost impossible for someone not to enjoy Pouilly. She was right, of course; and so too, it is with Cajun music. If it's done well, it's almost impossible, regardless of personal taste in music, for it to not be highly enjoyed. On October 4th, Northerners got to enjoy Cajun at its finest as the Reif Center, it's underwriters and primary underwriter of the concert, Hawkinson Construction, presented the world renowned and grammy-winning BeauSoleil avec Michael Doucet at the beautiful and historic Greenway Auditorium at Coleraine. The only thing missing was a dance floor, but as a practical matter, it would have been hard to find one large enough for all the listeners that packed the hall. Unlike other forms, the Cajun style of music isn't defined by a repertoire, it's a style of performance, incorporating the traditional instruments of the period and region such as fiddle, melodeon washboard and conga drums; and the rhythm peculiar to the sound, influenced both by Canadian French, and also the Caribbean. The ever popular Zydeco is a form of Cajun, but most Cajun isn't Zydeco. Original compositions, Doucet estimates, comprise about half of BeauSoleil's song list. Most of the lyrics are French; and, like opera, are enjoyable in music's international language even if the listener doesn't understand every word. To occasional requests that they sing more in English, "that's not why we're here," Doucet has said. Roots of Cajun. Doucet explained from the stage that the unique nature of Cajun is because it emerged at a time when its birthplace, Southwest Louisiana, inhabited by the Acadian French, was cut off, by the Mississippi, from the outside world, including the influences of music in New Orleans. BeauSoleil will appear on MPR's Prairie Home Companion, broadcast from Grand Forks, N.D., December 8th. Their future schedule may be found at rosebudus.com Photo captions (photos are not included in this Library Edition): Michael Doucet, left, and Jimmy Breaux on melodeon Cindy Cashdollar played slide and pedal steel guitar. David Doucet Al Tharp on his unique electric bass violin Percussionist Billy Ware Tommy Alesi on Drums Bob Cap, left, of Advanced Audio, Gilbert, Minn. did the mixing for BeauSoleil on their northern midwest tour. A Perfect Start! Diners line up to enjoy the free and delectible pre-concert Cajun Sampler meal and beer graciously provided by the Reif Center, its underwriters, and Dick's Distributing. The Shrimp Creole was particularly exceptional. Cooks Kathy Pierce and Joe Schouenborg of La Rosa Restarant at the Rainbow, Grand Rapids, (which now features Cajun buffet every Thursday), and Reif Exec. Director David Marty. ---------------------------------------------------------- BAREFOOT AND PREGNANT Contemporary Ladies' Perspective, Advice and Tips by The Lady Steele Editor's Note: The Lady Steele had, in October, the honour of sitting on a federal jury at Fergus Falls. It was the second time she has served her country, the first having been in the U.S. Army during the Viet Nam era. The following is from her observations made during the trial of a firearms violation. From the Jury Room PLEA CARRIES UNSTATED CONSEQUENCES It is very common for persons charged with law violations to be offered a much reduced sentence, sometimes even from a felony to a misdemeanor, in exchange for a plea of guilty. Many may be tempted to take the offer, rather than risk the gamble of trial, even if they didn't commit the offense - that's what the prosecutor is banking on. But the guilty plea carries a stigma that the defendant might not have banked on either, and likely isn't mentioned during the bargaining - she may be prohibited from ever having hunting arms again. In the case recounted below, law required that we find the defendant guilty, even though he may not have known what rights he was giving up when, years before, he entered his plea. In October, 2001, Todd Virgil Larson, of Bagley, was found guilty of the federal offenses of 2 counts of giving a false statement to a federally licensed firearms dealer (18 USC 922(a)(6)), and one count of unlawful possession of a firearm (18 USC 922(g)(1)). These current charges were a result of firearms found during a drug raid at Larson's residence in March, 2000. The search failed to yield a charged drug violation. In 1992, Larson had been charged with two 5th degree controlled substance crimes, felony charges which can carry up to five years each of prison time. Upon completion of probation, the charges were reduced to misdemeanors. Larson may have mistakenly believed that this relieved him from restrictions on firearms possession that apply to felony convictions. The evidence showed that about June, 1998, Larson purchased, at Duluth, 5 shotguns in two separate purchases. For these purchases, he submitted two ATF forms 4473 (federally required Firearms Transaction Record), which ask whether the purchaser has ever been convicted "of a crime for which the judge could have imprisoned you for more than one year, even if the judge actually gave you a shorter sentence." Larson falsely stated that he had not. At the time of the search, officers found 5 long guns and a semi-automatic .22 caliber handgun. Larson's defense relied on a claim of entrapment in that he testified that his probation officer told him that upon completion of the probation, the dropping of the charge to a misdemeanor, and the restoration of his civil rights, he could again purchase and use firearms. The probation release document, however, stated that it restored all civil rights except the right to bear arms; that right would not be restored until 10 years from the date of restoration of other rights. Had Larson relied on false information by a U.S. government official (i.e. his probation officer), he might have been entitled to acquittal on grounds of entrapment. He, however, failed to produce other credible evidence corroborating what he claimed the probation officer had said, and the jury didn't believe his testimony alone, taken along with the context of the probation release document. Of importance here, is public awareness of the effect of current federal firearms laws. The question on form 4473 does not relate to, in the case of a conviction (including a guilty plea), the punishment actually rendered, nor is it affected by the eventual reduction of the felony charge to a misdemeanor, until 10 years, in most cases, have passed. Hunting is an important sport in Northern Minnesota. Before entering into any plea bargain for any crime which could carry over one year of prison, it is important for a person charged to know that she will probably be giving up her gun rights. A prosecutor's offer to reduce the charge to a misdemeanor, or restore civil rights, generally, will not affect this. In addition to crimes which could be charged as felonies, the following will probably also preclude gun ownership and possession: 1) being subject to a court order restraining the subject from harassing, stalking or threatening an "intimate partner" or child of such partner, even if such order is agreed to without acknowledgment that said conduct has ever occurred; and 2) conviction (including plea of guilty) of any misdemeanor crime involving an element of domestic violence, regardless of whether it was charged, literally, as a "domestic violence" offense. Editor's Note: The material presented here is strictly for the sake of discussion and nothing in this column is to be regarded as legal advice. For legal advice, a licensed attorney should be contacted, if you can find, and afford, one. ------------------------------------------------------------- We Paid the Price - Might as Well Print the Story N. HERALD TO RELEASE OBIT In January, 1998, following the death of one Richard Morton, Northern Herald endeavored to bring readers, in the form of an obituary, an honest recount of some of the more infamous incidents of his lifetime. We also presented some valid and candid commentary. Morton had been the proprietor of Hard Times Saloon, known as Bemidji's most notorious pick-up joint, and now known to have been tied to official corruption and misconduct among Bemidji's (then) police force. Ironically, in view of all the repercussions, the original story of Dick Morton's corrupt character and misdealings in Bemidji came at a time when it could do him no business nor personal damage - at a time when Mr. Morton was likely predominantly occupied with the simple matter of dodging flames that burn but do not consume. Still, following the release of the obit, the reaction of the Morton/Batchelder clan (Bill Batchelder is Morton's nephew), and their supporters, many of whom, of course, frequented Hard Times, was immediate. Batchelder personally made veiled threats, to your Editor, to the effect that he believed that Northern Herald should be put out of business. Pressure boycotts were initiated in Bemidji, our retailers were threatened, and stacks of complimentary copies left in Bemidji in private establishments were stolen. We think the actions of this group speak adequately for its ethic, morality and regard for law. Additionally, of a particular batch billing for advertising - 14 separate pieces of mail deposited at the same time, in early 1998, by Northern Herald into the U.S. mails at the Bemidji Post Office - none of those billings were delivered, they all became "lost in the mails." Even the City of Bemidji, and, in particular, it's former officer Michael Porter, who used to frequent Hard Times, tried to assist the Morton/Batchelder pressure group by attempting to suppress distribution of the Northern Herald on the streets and sidewalks of Bemidji. Those actions of the City and its officers have now been found unlawful by a federal court, and the City is facing a multi-billion dollar lawsuit as a result. Although we have always stood behind the facts reported and the valid commentary presented, shortly following initial protest from the Morton/Batchelder group, Northern Herald agreed that the release of the article may not have come at the most tasteful time, right after Morton's death, and we agreed to, at substantial cost, pull the issue from the stands, reprint it without the article, and print a retraction. Few people got to read the article (and some of those who did have spoken favorably of it). Nonetheless, the thefts continued and the boycotts continue to this day, over two years later. The problem of timing no longer exists, and the people of the area who wish to see the original article have the prerogative of doing so. It's part of the recording of the history of our region and, as such, should be preserved. Accordingly, in our January 12, 2002 issue, over three years from Morton's death, we will re-release the article, entitled An Obituary. As the article has been very controversial, if, for any reason, any retailer does not wish to carry that issue in his establishment, we will not place it there. Such retailers will please contact Northern Herald at 218-759-1162 This is the article that started the Bemidji Boycott. Readers who wish to see it may find it in our Jan. 12th, 2002 issue. -------------------------------------------------------- Follow-Up BULLOCK PLEADS TO CHARGE GRAND RAPIDS -- Although having maintained his innocence from the start, rather than face the risks of trial and possible return to prison should the jury believe his stepdaughter's word over his, Richard Bullock, of Deer River, pled guilty, October 17th, 2001, to a reduced charge of 4th degree criminal romantic conduct, in return for a stay of imposition of sentence until May 1st, 2002. If Mr. Bullock remains law-abiding and adheres to conditions of probation through May 1st, no further sentence would normally be imposed. Bullock was ordered to pay a fine of $50, and a $25 surcharge. Three other charges, stemming from the same set of accusations, were dismissed in exchange for the plea. (For earlier coverage of this story, see "Bullock Freed," NH of 04/29/01, in The Library at the Northern Herald web site.) ---------------------------------------------------------- LETTERS TO THE EDITOR A movement has been started like that from Desert Storm. During Desert Storm, we tied yellow ribbons anywhere we could. Now, the movement is to tie purple ribbons the same way. This is for two reasons: 1) In remembrance of not only the firefighters, police officers, and paramedics who have died, but also for all who have died in this terrible tragedy; 2) In the military, when a serviceman is injured, he is given the Purple Heart. Well, our country has been injured to its core. Share this with all your friends and let's see purple ribbons everywhere. Mary Cottrel Park Rapids, Minn. I was reading your article in the Sept. 29th copy of the Northern Herald. All I can say is excellent, well done, and my hat is off to you. Thank God there are still a few of us around that believe in the Constitution of the United States. It is really a shame that more of the politicians, who take an oath to uphold it, are only interested in how much money they can steal from the taxpayer, and to [the underworld] with their oaths. Once again, nice job, keep up the good work. Thomas Bauer Park Rapids, Minn. And thank you, sir, for your readership & comments. We'll keep it coming! -- Ed. ---------------------------------------------------- FASHION FORECAST In recent years, black, rather than blue, denim has become the trend in jeans. This may change in 2002. They look great new or just washed, but black tends to show up light and powdery stains more than most colors. So if, for example, a guy was wearing black jeans when, say, a cropduster plane dropped a pile of anthrax on him, - he'd look terrible; he might have to change his pants immediately. Given this exigency, other colors may be more in vogue in the coming year. -------------------------------------------------------- CROWDS GATHER FOR BENEFIT LAKE GEORGE -- The generosity of Northern Minnesota was forthcoming at the October 6th benefit auction and feed, at Lake George, for Annette Wilander Tammaro, recently stricken with cancer and undergoing chemotherapy. Like many self-employed people, Mrs. Tammaro was not insured, and faces crippling medical expenses. The outpouring of support included five trailer loads of merchandise - some used from area residents, and many new items and gift certificates contributed by merchants in Lake George, Park Rapids and surrounding communities. There were fresh homemade pies, tools and Skil saws, furniture, major appliances, building materials, household goods, crates of fresh fruit and other food donated by grocers, and hundreds of other items that most people have needed for a long time, but might not have known it 'til they got there. Lake George's parking lots were packed and cars had to be parked up and down Highway 200, as eager buyers filled the town and helped raise over $14,000. with their purchases at the event, held at the Town Hall and Community Center Inside the Town Hall, diners enjoyed lunch and a cancer awareness presentation by Helene Kahlstorf. Photo caption (photos are not included in this Library Edition): Deputy Cal Johannsen assists the auctioneer in handling spirited bidding on the merchandise at the Tammaro benefit auction at Lake George. A clown sells balloons at the event to fund cancer research. Inside the Community Center, it was the best lunch deal around - diners got a hearty barbecue lunch, with the trimmings, all for a buck! The meal included a selection from the many trays and varieties of donated homemade bars and baked goods. ------------------------------------------------ CONSUMER CORNER Readers are invited to submit consumer complaints or compliments to this column, and to our Auto Service Forum. Send info c/o this paper, P.O. Box 1535, Bemidji, MN 56619 $15 TOWING To paraphrase the Sage of Bemidji, The Pioneer's renowned editor, Brad Swenson, things are often more expensive in cities whose names end in a vowel ... begin with a "B" ... and have a "dj" in the middle. Towing is one of those things. Prices range from $40-50 for a short simple tow; if it's a little tricky, it can easily be $100. There are still people, though, who want to do work reasonably - you just have to go outside this corrupt, price-fixing, gov't-money-spoiled, and lazy little burgh (our opinions) to find it. In Walker they still have people who want to do a reasonable job for a reasonable price, and there you'll find Groth Towing (218-547-1862) where they quote simple local tow jobs at $15 - about 1/3 of the Bemidji going price. Mr. Groth also priced the more difficult $100 (Bemidji quote) job at $15. Unfortunately, Groth's driver is not generally in Bemidji, so if he has to go there special, it can cost some heavy mileage; but if your job can wait until he's in Bemidji anyway (about once a week), you can save some bucks! Dead Issues SENIORS MAY WANT TO TAKE MONUMENT DELIVERY BEFORE NEED If the costs of death get much higher, people won't even want to do it anymore. They're already high enough, without monument companies targeting seniors to sell them monuments in advance, and then have the estate unable to collect on what was purchased. In light of a recent controversy, seniors who have already purchased a headstone may want to take delivery now, to be sure it's there when needed. In the meantime, it'll make a fine conversation piece in the living room, and a great paperweight. In a pending case, a decedent purchased a monument from Dakota Monument Company at Fargo. Allegedly, he made the purchase while he was alive - in fact, about 20 years ago - far enough back that it is difficult for the heirs to go through all of the bank records to prove the purchase, which Dakota denied, saying they had no record of same. Per the attorney for the heirs, Dakota claimed that if the sale was made at all, it was made by their agent, and that he didn't turn over the paperwork and payment to Dakota, so they have no record of it. Dakota denied liability and has tried to assert that the estate's cause of action is against the salesman, not the monument company. This, notwithstanding the heirs' assertions that the initial solicitation for the monument was made on Dakota Monument Co.'s stationary. Dakota has also tried to assert the statute of limitations as a defense. Dakota Monument's CEO Dave Anderson, when asked how it was that they had no record, when the transaction was done on Dakota Monument stationary, said, definitively, "I don't have an answer." Asked if future advance buyers have any assurance that their estate will receive the monument, Anderson said, "Absolutely;" that the stone is created immediately, and "we encourage it to be placed," immediately upon purchase. He acknowledged, though, that many people don't want to do that. As to the immediate controversy, he said, "we're more than interested in having this case resolved to the satisfaction [of the parties];" asked why they don't simply deliver the headstone, he said, "I don't have a problem with that." Still, as of presstime, the case has not been resolved; the heirs, who were to have been spared some of the tasks of burial arrangements, have, in fact, had to hire an attorney besides. Bemidji attorney Michael Ruffenach offered that, in this industry, "You're dealing with the people who are the most vulnerable, who don't want to burden their heirs." Those considering advance purchase of burial products, though, are well advised to carefully evaluate the price, particularly considering the present value of the cost of the future goods. In some cases, there may be no discount, over current competitive prices, for the advance purchase; and in some cases, if the money were, instead, put on deposit in a special bank or investment account of which heirs were made aware, the interest earned over the period might (as it would in the instant case) well exceed the entire price of the goods. If, after advance sale of goods without immediate delivery of same, a firm offering monuments or burial services is sold, reorganizes, or simply goes out of business, the estate may be without recourse. Prospective buyers should evaluate this factor and ascertain what assurance there is to protect against same. Said Ruffenach, "... they may not collect on anything they've paid for," and of the industry, generally, "It may be of the utmost concern to the entire industry to weed-out the illegitimate operators." --------------------------------------------------------------- ISSUE OF 09/29/2001 - VOLUME 7 NO. 1 - SIXTH ANNIVERSAY ISSUE! --------------------------------------------------------------- Leading Edge Journalism ----------------------- DNR BUSTS SUNSET VIEW Grand Rapids Contractor Thomas Hammerlund Issued Cease Order for Multiple Environmental Incidents at Deer River Resort GRAND RAPIDS -- In a highly coordinated and sweeping law enforcement action involving at least 4 agencies, officials tracked down Thomas Hammerlund Sr. and served him, in mid-September 2001, with two separate Cease And Desist orders, one relating to protected waters (i.e. Lake Winnibigoshish), and the other relating to the Wetlands Conservation Act (WCA). Hammerlund operates Hammerlund Construction, Inc. on Hwy 2, west of Grand Rapids. In addition to the cease orders, the matter is presently being further investigated by the Department of Natural Resources (DNR) and the Itasca County Soil and Water Conservation District (SWCD) to ascertain if criminal charges should be filed. If so, the recommendation of SWCD would, normally, be forwarded to Jack Muhar, Itasca County Attorney, for prosecution. Hammerlund, who also operates the Sunset View Resort at the extension of Otenagan Rd. west of hwy 46, Deer River, has been known for terrorizing both whites, and Leech Lake Band members living on that road, by closing the forestry road that used to give them access to Lake Winnibigoshish, and instead trying to charge them access fees on a private road he built, at Sunset View, where the road ends, the point jutting out to the shores of Winnie. (See Resort Cuts Off Lake Access to Leech Lake Landowners, NH of 01/06/99; also County Loses Appeal Against Carpenter, NH of 04/21/99; Itasca County Appeals to Take Carpenter's, Leech Lake Land, NH of 08/11/99; EPA, DNR Examining Sunset View, NH of 09/22/99; in The Library, previous volumes, accessible from the main page of this NH web site) Hammerlund has also drawn allegations of numerous environmental and property violations in conjunction with his Sunset View Resort, ranging from locating rental cabins on federal forest land to unlawful alteration of wetlands. It has been hard, however, for the appropriate regulatory agencies to take action. Said Jane Van Hunnik, of the Mississippi Headwaters Board, at Walker, "It seems like he's always right on the edge" of the law, and that, "These alleged violations have been ongoing [for several years]. ... There's been one after the other." But this time, per Lt. Ken Soring, DNR Conservation Officer at Grand Rapids, aerial reconnaissance of Hammerlund's shoreline operations at Sunset View disclosed evidence of unlawful dredging activity in the lake bed, and there is mounting evidence of improper higher ground wetland activity as well. Hammerlund had been allowed certain shoreline modifications by permit, but Soring said that there was evidence that Hammerlund had gone well beyond what is authorized. The DNR permit, obtained by Hammerlund on Feb. 9th, 2000, and recorded with the Itasca County Recorder, authorizes him to, "construct an off-shore rubble mound breakwater comprised of clean rock and measuring not more than 224 feet in length and 48 feet in width ...." And that the breakwater would parallel the shoreline and be consistent with plans submitted to the DNR. "What we believe at this time is that there was some excavation done, ... a deepening of the lake bed," said Soring, adding that this constituted altering or changing (usually by dredging or filling) of protected waters (i.e. most lakes), which is prohibited without additional project permit. Area residents have speculated that Hammerlund was cutting channels into the lake bed. The cease order relating to the protected waters requires Hammerlund to "stop all work [in the protected water], conduct no further work, and take immediate corrective action to stabilize the site from imminent erosion ... " The order further provides that unless a project application is approved, Hammerlund may be ordered to restore the lake bed to its previous condition. The Wetlands cease order requires that Hammerlund, " ... immediately cease and desist any activity draining, filling or excavating ..." the higher ground wetland. (Higher ground wetlands are often not actually under water; for environmental purposes, they are, nonetheless, protected by the WCA.) Hammerlund may also be required by DNR to restore the wetland. "This affects an area behind the resort ... on the opposite side of the resort from the lake," said Soring, "Mr. Hammerlund has dredged out a rather large pond behind his property, so this stops any more work on that parcel of the property." Any violation of either order is a misdemeanor, punishable by law. Said Soring, explaining the orders, "This part of it is a civil process - basically ... a stop work order - there's an investigation as to the violation of state statutes for protected waters. ... if you do work in protected waters without a permit, that is a [criminal] violation." Regarding the protected waters order, Soring said, "It would prevent any further work below the ordinary high water mark," but Soring added that by special temporary permit, issued Sept. 26th and valid through Oct. 31st, Hammerlund may continue to maintain his boat ramp. The permit allows Hammerlund to, "conduct maintenance excavation" at the boat ramp, limited to an area extending 30 feet waterward from the ordinary high water level, and 16 feet wide, to match the width of the ramp; provided that the spoils of the excavation be disposed in a lawful upland location. In an unrelated action, Hammerlund's son, Todd, was charged in April, 2000, with making a wetland alteration without a permit on Pokegama Lake. The matter was, however, dismissed by the Court without prejudice; a restoration order was issued. Photo caption (photos are not included in Library edition): Lt. Ken Soring holds copies of the orders he served on Thomas Hammerlund -------------------------------------------------------------- Trouble in Paradise - More Dogs Can Mean More Problems NEIGHBORS CLASH OVER DOGS AT FEDERAL DAM FEDERAL DAM -- The setting could have come from a storybook, or a movie. Attractive and northwoods-rustic homes on the point overlooking the lake. Private boat docks, lush flower and vegetable gardens with garlands of grape vines hanging from the bountiful fruit trees and making a huge and graceful arc, like an inverted rainbow, as they cascade down between the high poles in a way reminiscent of the original Garden of Eden. In a setting like this, so magnificent that it would cause most people to regularly kiss the ground, if it was theirs, how could anything be wrong? Yet it is. This is the beautiful Sugar Point at Federal Dam; a place where two neighbors, both dog owners, are having it out over each others' animals, and the other irritating "rubs" that occur where land is valuable, and so, neighbors live in close proximity. In this wonderland, neighbors' hostilities have grown so intense on both sides that they now may involve Sheriff's reports, criminal charges, fines and incarceration. The Honorable Michael Haas, judge of the court at Walker, has ably served the County and State for many years. He lives here; so does Cindy Cressy and her husband Ken Poliwoda (hereinafter, "the Poliwodas"). A hard working couple, they regularly work 12-hour days to operate their family business, a tire and auto parts store at Hackensack. The Poliwodas' property is adorned with the usual toys and accoutrements that a family likes to acquire for pastime; and the Haases have their animals. Since Michael's marriage in the 90s to Kay, the Haases set about acquiring numerous dogs, cats and birds. The number has varied some, they now have 12 dogs, 3 cats and 20 domestic birds on their land, bordering the Poliwodas', the Poliwodas' house only a few feet away. Over several years, the Poliwodas have made many law enforcement complaints regarding noise and disturbance by their neighbors' dogs some of which had been permitted to run at large. Judge Haas constructed a fence to enclose his animals, but it had no gate - the dogs could still get out via the driveway opening. One bit another dog at a nearby resort, requiring veterinary care. The Haases paid the vet bill, and executed the offending dog. All of the many complaints by the Poliwodas have been cleared by the Sheriff's office without formal action by County Attorney Earl Maus. It isn't illegal, in the County, for dogs to run at large - many country people have them, in fact, for protection of their homes and land from intruders, bears and other large wildlife. And the noise level has never been officially corroborated as being loud enough to constitute a crime. It's just a constant irritation if one lives next door, in very close proximity and has to hear it all the time. Likewise, the Haases object to the loud entertaining on the Poliwoda's deck, mechanical noise from Mr. Poliwoda working on projects in mid-evening, various border infractions and the Poliwodas' (one) dog voiding on the Haases' property. On Sept. 29th, the escalating tensions between these two neighbors erupted into a verbal confrontation between Ken Poliwoda and Ken Conger, a friend of the Haases there doing yard work. A report was made to the Cass County Sheriff and criminal charges may stem from the heated exchange, which, allegedly, rose to the point of verbal threats. Said Mrs. Haas, in interview, "We were here long before he (Poliwoda) moved here and we'll be here long after he leaves." Editor's Note: We don't know if this story can have a happy ending. If it has a moral, it's that sometimes the best of people can end up in bad situations. They say "Good fences make good neighbors." A price comes with living on small parcels of very desirable, valuable land: Humans, like rats, are territorial. Other animals are territorial too, but these lowest animals, and the rats, share the distiction that members of their own species tend to kill each other without provocation when they're too densely packed. Because of this, regardless of whether things rise to a crime, to live well, closely living neighbors have to be particularly cognizant and mutually respectful of their neighbors' boundaries, and avoid encroachment, including auditory. Photo caption (photos are not included in Library edition): The Poliwodas' home can be seen just behind this enclosure where some of the Hasses' smaller dogs are kept. At far right (arrow) is a resort cabin, also situated quite nearby. Owner Steve Fox has received guests' complaints regarding noise from the dogs, and one of the larger dogs temporarily "treed" Fox's painter, on his ladder. --------------------------------------------------------- CAMPBELL BENEFIT A SUCCESS BEMIDJI -- The Sept. 8th benefit for Gene and Carol Campbell, recent victims of a vicious stabbing, raised about $25,000, per a PATH representative. Photo caption (photos are not included in Library edition): The Campbells greet guests to the game luncheon coordinated by Darrell Auginash, of Redby. --------------------------------------------------------------- FOOD, FUN FOR ALL AT HUBBARD POSSE B-B-Q, TURKEY FEED AND DANCE LAKE GEORGE -- It's nice to know that they could still ride outlaws out of town if they had to; but mostly, these days, the Hubbard County Sheriff's Mounted Posse is invaluable in search and rescue operations - with high visibility and going where cars can't, "We're able to bust brush that a lot of things cannot do; like, four-wheelers can't go though stuff that we do," said the Captain; - and also for crowd control at fairs and events. This mounted posse is credited with finding belongings leading to last year's rescue, near Waubun, of a 78 year-old Alzheimer's patient, lost in the woods for 4 days. The Posse turned up "some papers that looked out of place for the area," said the Posse captain. The search was intensified in the vicinity and the person was found there the next day. "When we need 'em, we really need 'em," said Sheriff Gary Mills of the Posse. The Posse receives no funding from the County. It's not part of the Sheriff's approved budget. The members are volunteer, they pay their own expenses and they have to provide their own steed. So the money for the posse's uniforms, radios and other costs comes from this annual fundraiser, always held the weekend after Labor Day. Tucked away in the woods at Posse headquarters, a few miles north of Lake George, people came from miles around for the great food and entertainment, and packed the immense outdoor shelter to capacity, requiring auxiliary chairs to be set up. Most came for the superb smoked pork and turkey dinner with all the trimmings (Julie Eiklenborg's homemade beans were exquisite) and dancing, but some brought their horses and camped and rode the entire weekend on the rustic and attractive Posse grounds, which they also make available for horse camping by organizations. Mid-evening, Sheriff Mills presented service awards to Jim Christensen, Dr. Bill Isaacson, and to Jake, the Posse Captain. The Posse is always looking for a few good members who have their mount. Volunteers may contact Hubbard Co. Sheriff Gary Mills. Editor's Note: Bush should send these guys into the hills after bin Laden - betcha they'd root him out and drag him in! -- Ed. Photo captions (photos are not included in Library edition): 'County 20' entertains a packed house. Dpty. Cal Johannsen There's just something about posses and covered wagons that goes together. Below, ponies pull covered wagon rides at the Posse fundraiser. ------------------------------------------------------------ OVERCHARGES, "BAIT-AND-SWITCH" CONTINUE AT MARKETPLACE, BEMIDJI Walmart Grocery expected to arrive February, 2002 BEMIDJI -- It's nothing new for Marketplace to be "out" of the specials they've advertised. If you don't buy a higher priced item instead, having to take a rain check, after all, gets you into their store twice. But on Saturday, Sept. 29th, when the Union Square store was "out" of the butter and pizzas they'd run at special, the arrogant employees weren't even giving rain checks. They were telling customers, who'd already shopped once at the Union Square store to then drive to their Westside store, that day, to get the deal there. Although the Bait & Switch policies pose a lessened inconvenience for Bemidji residents, people who plan to drive in from other communities for Marketplace advertised specials may want to call the store before driving here, to make sure they have the item, so your trip won't be wasted. And always carefully check your Marketplace scanned receipt for overcharges, particularly failure to charge an advertised discount price. Honest & sturdy American business chases out small town crooks. It's American free enterprise to the rescue! Bemidjians will be brought into the real world and may see substantial shopping improvement with the Walmart Superstore (including groceries) planning to open early next year. In anticipation of this, a Marketplace rep said that Johanneson will close his Union Square Marketplace store October 6th, 2001. It's good news for Bemidji shoppers - a breath of fresh air that should have happened years ago when Walmart first tried to come to Bemidji but a corrupt Beltrami County Board kept them out, to protect local merchants, by accepting the low, rather than Walmart's high bid on a piece of land the County was selling. Editor's note: As an indication of his business credibility and ethic, in the Northern Herald suit against Johanneson's, Rich Johanneson, in a pleading brought by his attorney, tried to assert that he was not served with process; your editor, however, was present when he was handed the papers. Johanneson's false assertion of non-service was not upheld by the Court. In recent appeal proceedings in the case, Bemidji attorney Carl Drahos acted as counsel for Rich Johanneson. Photo caption (photos are not included in Library edition): How to make good money. You just advertise a product special, let people stock up, but have your scanners set to the regular price, maybe even a little more than competitors charge. Some people will notice the overcharge and correct the checker, but a lot won't. You'll make fat profits off those suckers who thought they were getting a deal! The receipt tells the story - of store brand toll house chips (4 packages) advertised at 2 for 99¢ in Marketplace's 9/28 and 9/29 specials flyer, and scanned by the checker at $1.79 a bag. When the customer demanded the sale price, the checker corrected the sale (below dotted line), and reentered it as 2 charges of 99¢ each. Rich Johanneson has been in the grocery business for many years, but not as many as his father, John. Do you think Rich doesn't know that this is (often) happening in his stores? --------------------------------------------------------- -- A Northern Herald Restaurant Review -- **** Four 4-Star Brunches **** in the Lake George-Park Rapids Area Schwarzwald Inn. More than just great food, it's often the little niceties and amenities - things like comfortable decor, good tasting coffee, a commodious smoking area, real butter (after all, when did you last hear a dairy claim, "I can't believe it's not margarine"?), real half & half for the coffee, and highly attentive table service that make a meal out an elegant event. Diners find these things at Schwarzwald Inn, (218-732-9928) Park Rapids; at their Sunday (11 am-2 pm) buffet, they find them in droves. The buffet is more to the lunch side of brunch, featuring roast turkey, ham, roast beef, fried chicken, boiled red cabbage, homecut noodles, sauerkraut, potatoes and vegetables; all bearing the fine aroma and taste of home-cooking. The salad bar features 20 varieties, including a very good pate, deviled eggs, a wild rice salad and an excellent German custard with rice and raisins.. The adult price is $8.45 for the buffet; plan on about $23.90 for two, including coffee, tax, and the gratuity which, in this case, is richly deserved. Hospitable to those who smoke and those who don't. Photo captions (photos are not included in Library edition): Old world wall murals adorn the decor of the Schwarzwald Inn, as a model train chugs about the room on its platform near the ceiling. Diners help themselves to the sumptuous food line. The true source. The dormers of the ornate Schwarzwald Inn, downtown Park Rapids, are painted to resemble a Black Forest clock. Nearby, a carved Itasca-style monument recites, "From this source 1 1/2 million cups of coffee flow to the U.S. and Canada." If Schoolcraft had only known. ------------------------ Pine Country Cafe. Whether you're on your way to the field, or have other activities or inactivities planned, there's nothing like a good breakfast to start a good weekend! And the good breakfast - hearty, tasty, and wholesome - at the Pine Country Cafe (218-266-2995), Lake George, buffet, Saturday, from 7-11 am, is one of the best deals around. $4.99, for adults, is the total, including juice and coffee. In the pastoral lakes and pines setting of Lake George, only a few miles from Itasca, diners enjoy Pine Country's fitting country, homey, motif; and elegance is added by coffee service in ornate and rare cups from their unique collection. This is just a downright great breakfast. All the amenities are here - fine service, real dairy butter, and 1/2 & 1/2 for the excellent coffee. The best seating in the restaurant may be used by both smokers and non. On the buffet line this day were scrambled eggs, succulent grilled ham loaf, good hearty sausage and hotcakes & syrup, biscuits and gravy, a baked egg and potato dish and some crispy little round potato patties, made with onion, that were particularly delectable. Hospitable to those who smoke and those who don't. ------------------------ Oasis Family Restaurant. Those who like to start out a little later on weekends will appreciate the hours of the Oasis buffet at Park Rapids. It's from 8:30 am to 1:30 pm, Saturday and Sunday. This is one of the largest and most varied breakfast-style buffets around, served in an elegant layout, with dishes large enough to hold ample servings. This is the kind of place where you just want to come, put your head in the trough, and leave it there for a while. The quality of the food is superb. Whether one's preference runs to the corned beef hash (hard to find in buffets), well-prepared kielbasa and cased sausage links; or more to the varieties of hotcakes and waffles there's something (and usually many things) for everyone. The ham is tender, full-flavoured, and delectable with a light smoked taste. The fruit bar boasts several varieties, including a delightful strawberry-raspberry compote which is excellent on the cakes, on biscuits, or on it's own. Real butter and 1/2 & 1/2 are served, of course. Although the dining area is large, it tends to fill up around noon, so, for easiest seating, diners might want to come a little before. Brunch at the Oasis is $5.99 for adults; with coffee and tax, it comes to about $14.36 for two, plus tip. The Oasis (218-732-3011) is located on the west side of Hwy 71 on the north end of Park Rapids. Owner Laura Harmon said that about November, and depending on traffic, the buffet may go to a Sunday-only schedule for the winter, so Saturday diners, then, may want to call first. Photo captions (photos are not included in Library edition): Chow's On! Oasis owner Laura Harmon dishes it up. The plentiful food line is what it's all about at the Oasis buffet! Here diners fill oversized plates with fresh fruit, puddings, sauces, and sumptuous breakfast fare including eggs, succulent kielbasa and ham, bacon, casing wrapped sausage links as well as patties, hash brown potatoes, biscuits and gravy, corned beef hash, hotcakes, waffles and toast of France, served with little pitchers of syrup. ------------------------ Emmaville Cafe. Midway between Park Rapids and Lake George, on Co. 4 (otherwise known as the Emmaville Freeway) diners will find the biggest little town in the world - Emmaville, Minnesota. And Emmaville residents (all four of them) pretty much agree that the Emmaville Cafe (218-732-4858) is really the best place in town to get a great breakfast on Sunday. It's a good country breakfast in a good fall country setting. The motif of the restaurant is comfortable wood rustic, with seating not far from the old cast iron stove. For $4.95 (adults - kids are $2.95), the Sunday (9-Noon) buffet includes pancakes, bacon, sausage, scrambled eggs, biscuits & gravy, hash browns and toast. Hospitable to those who smoke and those who don't. --------------------------------------------------------------- Editorials - Opinion SOLVING THE AIR TERRORISM PROBLEM Every now and then we come to times of mass confusion - when the laws of man and nature don't seem to be working and things around us become awry and chaotic. In times like these, order is restored if we just stop; and go back to square one - carefully following the rules, examples and teachings provided by our wisest of documents, the United States Constitution and the Bible, which, deity aside and if nothing else, is the longest-running history of mankind ever written. In the instant problem, we are primarily taught by The Constitution, which recites, in its second amendment, "A well regulated Militia, being necessary to the security of a free state, the right of the people to keep and bear Arms, shall not be infringed." Here, in Northern Minnesota, we are sportsmen. We have arms, and know what to do with them. Consider, for a moment, the imperiled flight which crashed in Pennsylvania. It was commandeered by a few greasy, stinking Arabs wielding knives. Now consider for a moment, the same flight with armed passengers; for purposes of discussion, Northern Minnesota sportsmen with places to be and things to do. If someone tried to commandeer that plane, does it not seem that we'd be all over them like bees on a honeycomb? Consider what we know: 1) In response to skyjackings, FAA has further restricted the right to bear arms on its planes, instituting strong security measures designed to detect same; 2) News reports (from other media) have shown that despite the intense security, firearms can be gotten aboard by criminals; the effect of the security, primarily, is simply to disarm the honest passengers; 3) If firearms are not at hand, there are other ways of killing people and seizing control. On the Pennsylvania jet, a knife and threat of a bomb seemed to work well; 4) It is easy to make a sturdy knife out of non-metallic materials and get it through metal detectors; properly disguised in a bag, it wouldn't even show up under X-ray; 5) If knives were banned, groups of people could use plastic hammers, or something else; 6) Terroristic in-transit attacks are nothing new; when overland travel was primarily by stage, they were common. They were discouraged by armed passengers, and a guy who rode "shotgun"; 7) In revolutionary days, a "militia" was nothing special - it was just a group of citizens called, sometimes ad hoc in an emergency, for the purpose of the common defense. It didn't matter whether the emergency was in a town, on the trail, or nowadays, in an airplane. What was absolutely necessary, however, was that they had arms. The Second Amendment was designed to ensure this; that our nation might protect itself from invasions and terrorism from without, as we saw in the recent tragedies; as well as insurrection from within, including crime, and assaults upon the fundamentals of liberty even by, should it happen, officers of our own government. The Second Amendment was some pretty wise stuff. We invite the FAA to explore whether, in banning arms on flights, they may have gone in precisely the wrong direction. Perhaps the answer to air terrorism isn't to make it to where the criminals are the only armed people on the flight. Perhaps the answer is to encourage passengers to exercise their right to bear arms while traveling, and require the flight crew to have them. This, alone, and not heightened "security," which, by collusion, can always be overridden, could have prevented the recent East Coast disasters. This, alone, will ensure the security of future flights, much as ownership of arms secures the home. And it's accomplished without fare-costly, supposedly iron-clad, security that can actually be overridden by skilled criminals. It would cause future terrorists to think twice - not because they're afraid of death (these barbarians are suicidal, anyway), but because they would know that their mission was futile - that against an armed populace, it would not be possible to accomplish. Could the framers of the Constitution have known that some day we'd be flying around like birds? Maybe, maybe not - but the wisdom of what they wrote way back then is timeless and unchanging. The rationale of it is as applicable now, in times of transworld air travel and international crime, espionage and terrorism, as it was then, in times of stages, posses and 18th century European armies. Going further, to discourage those who would attempt political goals by skyjacking, the airplane must emulate a machine which will, in all cases (excepting certain emergencies, e.g. severe passenger or crew illness), take off from its point of departure and land at its destination. Two sets of inside-locked doors between the cockpit and cabin, and known policy that the armed crew will not deviate from the flight plan regardless of what may happen in the cabin, would eliminate political motive. Ultimately, this type of policy is in the best interests of passenger safety. It is doubtful that terrorists would board a plane only to harm passengers, and then be delivered to authorities when the plane landed. But if they tried it, armed passengers would be able to rise to the common defense as did those, as well as they could being unarmed, on board the plane that crashed in Pennsylvania. Often, when we cite the Second Amendment, we cite only its latter clause. That's important, but then we risk forgetting the rationale of it - why it was and is so needed as a cornerstone of this nation; why it was needed then and why it remains relevant today. The guys who wrote it at Philadelphia weren't so concerned about hunting and targetshooting, although many of them probably enjoyed those things too; they had something much more important on their minds. Let's read it again, with a mind to what happened at the World Trade Center: A well regulated Militia, being NECESSARY to the SECURITY of a FREE STATE, the right of the people to keep and BEAR Arms, shall not be infringed. ----------------------------------------------------- Photo caption (photos are not included in Library edition): THOSE TURKEYS FROM REMER, from Northwoods Custom Meats smokehouse, took Reserve Grand Champion at the 2001 Minnesota State Fair. ---------------------------------------------------------- WHITE OAK BURGLARIZED DEER RIVER -- The offices of the White Oak Society, a non-profit historical organization, were broken into on the weekend of August 18th-19th. White Oak reported that approximately $250 in cash, and some beer was taken. Anyone with information as to this heinous deed is encouraged to contact White Oak Society at 218-246-9393, or the Itasca County Sheriff's Office. --------------------------------------------------------- LAST TWO WEEKS FOR FALL CRUISE! WALKER -- When it comes to pleasing both residents and visitors, the Walker community always goes the limit. This fall is no exception, and they are particularly to be commended on the great work they've done on their trees. From lime greens, to lemon yellows, to flaming and finally crimson reds; it's spectacular! And until October 15th, it can be seen from a totally different perspective - from on the lake - aboard Coborn's Leech Lake Cruise. After that, the Beulah Leona, a 1948 riverboat that Mr. Coborn acquired in 1999, will be out of service, except for charters and special functions, 'til spring. The Coborns, who have operated Lake Itasca Tours for 17 years, have been taking passengers on the new cruise since July. The 2 hour fall color cruise is available for $10 plus tax, Wed. - Sun. Spring will bring a variety of outings, some with live music on board. Photo caption (photos are not included in Library edition): If you've ever wondered what a lot of Coborns look like when they're all together, they look like this, as they wave from the bow of their family business on Leech Lake. From right, Kelsey Coborn Larson, Vincent John, Chris (holding Cole), Thomas K. and Thomas P. Coborn. ------------------------------------------------------- IMPROPER EXPECTORATION BY FAIRBANKS CLAIMED DEER RIVER -- In the Ball Club area, Fairbankses are known for having an exceptionally adequate supply of saliva. Pat Medure, Itasca County Sheriff, stated that a complaint, made by former Itasca County Commissioner Doug Carpenter, and claiming that Alfred Fairbanks Jr. (former Leech Lake RBC District Rep) had expectorated on Carpenter's person, will shortly be submitted to County Attorney Jack Muhar to determine if charges against Fairbanks are warranted. Interviewed, Carpenter said that, on or about Sept. 13th, 2001, Fairbanks put his head into Carpenter's car and spit in his face. Medure stated that no arrest was made at the scene, nor was a citation issued. ------------------------------------------------------ ETHNIC FEST DANCE BRINGS FRENCH CAJUN TO WALKER Photo caption (photos are not included in Library edition): Star quarterback Bill Bieloh tells his receiver to go long in a friendly game of street football just before the cajun New Riverside Band entertained the Ethnic Fest crowd, at Walker, Sept. 15th. Frank and Gretchen Knapp from Hilger, Montana enjoy the Louisian' French sound. ----------------------------------------------------------- Consumer Corner --------------- Readers are invited to submit consumer complaints or compliments to this column, and to our Auto Service Forum. Send info c/o this paper, P.O. Box 1535, Bemidji, MN 56619 PENNYSAVER Unadvertised good deals that can save you money HALF & HALF - In Bemidji, the supermarket price is around $1.15 a pint now, except when it's on sale. At the Holiday gas & convenience store (south Bemidji location), though, the regular price is 79 cents. IF YOU USE COPENHAGEN(R) SNUFF, you've probably noticed it's $4-5 a can now. If 1 can lasts you 2 days, that's about $75 a month. Guess the tobacco companies will squeeze out whatever the market will bear, but they'll have to bear some competition now. While you're at Holiday, you can stock up on 2-packs of Cougar(R) snuff for $2.59 plus tax on a special, (very) limited-to-stock 2 for 1 deal. This comes to approx. $1.30, plus tax, a can - about 1/4 the price of Cope. Even the regular price is about 1/2 of Cope. In your editor's humble opinion, Cougar is comparable in taste and satisfaction to Copenhagen. It's not quite as full, but Copenhagen isn't twice as good, so this is a deal. It won't last though; the manufacturer will probably jack this price up when it catches on, so if you taste it and like it, better stock up now. Unopened snuff, or chewing tobacco, keeps best in your refrigerator. ----------------------- LOCAL HOME TELEPHONE SERVICE RATE COMPARISON - BEMIDJI AREA Paul Bunyan Telephone (PBT) service is now available as an alternative to Quest (formerly US WEST) for local home and business telephone service in most of the Bemidji area. Per a recent release, Quest no longer plans to sell its exchanges in this area to Citizens Communications; Quest local service accounts, unless changed by the customer, will remain Quest. Although many Paul Bunyan accounts now have new prefix, such as 444-, persons changing from Quest to Paul Bunyan may retain their old phone number, usually beginning with 751-, 755-, or 759-, for an additional $2 per month over what the PBT charge would otherwise be. The following comparison assumes normal local residential service, retaining the same phone number (i.e. the 751, 755, or 759 prefix), and includes call waiting, 3-way calling, call forwarding, and caller ID, as well as fees and taxes that would appear on the bill. The amounts are approximate as charges, fees and taxes may vary slightly: Monthly Total Cost ------------------ (US WEST) Quest: $ 42.95 Paul Bunyan Telephone: $ 28.23 Change to Paul Bunyan is free now - expected to be $50 by December. At this time, PBT is not making a charge to switch from Quest to Paul Bunyan. A PBT representative said that after about Christmas, 2001, a $50 charge may be instituted for changes occurring thereafter. Reliability of service, and privacy and security of telephone connections are not evaluated here, and may vary among carriers. When considering a change of providers, consumers should make pertinent inquiry. Dealings with the company. We note that if customer service is needed, billing questions arise, or for other reason, contacting Quest is generally very difficult. There are many automated telephone menus to wade through, long delays on hold, and sometimes after all of this, the caller finally reaches a recording that tells him the Quest is too busy with other callers and hangs up. Conversely, there is none of this at PBT. People there are very easy to reach. It has to be remembered, though, that at PBT you're dealing with Bemidjians, so the value of any information they provide has to be weighted accordingly. The cellular alternative. Both carriers compared here are land-line based. In some parts of Minnesota, other telephone companies, however, are now offering cellular service, for home telephones, as another alternative. Consumers should be aware that, in mobile connections, some cellular companies have oversold their frequencies (ability to transmit calls) rendering their service unusable at certain times. This could cause distress, particularly in an emergency, when people tend to depend on their telephones. Consumers considering changing to cellular for home service should make appropriate inquiry of the provider as to current, as well as future, dependability of service, and accessibility of lines and frequencies. --------------------------------------------------------- -- Advertisement -- DOES CELLULARONE TURN YOU OFF? YOU MAY BE ABLE TO RECOVER DAMAGES for service you paid for but didn't get. Many have come "out of the woodwork" to join in the class action suit against "Cell-1". We're getting comments like, "The customer service is horrifying - I've never been treated so rudely in all my life," when the customer tried to get an alleged overcharge corrected. If you haven't gotten the service you paid for due to defective Cell-1 phones, all circuits being busy, erroneous disconnection of service, people not being able to reach you, or other cause, Cell-1 might owe you some money. Call 218-759-1162 for more information. -- Advertisement -- --------------------------------------------------------------- Photo caption (photos are not included in Library edition): "CASS LAKE UNITED WE STAND" it says, as artist Jennifer Johnson puts the finishing touches on the new U.S. Flag mural on the side of Wild Bill's Cafe, Cass Lake. --------------------------------------------------------------- GUN CLINIC AT GRAND RAPIDS GRAND RAPIDS -- The Minnesota Shooting Sports Education Center (MSSEC) has announced that they will host a firearm cleaning clinic Thurs., Oct. 18th, from 6-8 pm, at their headquarters 2 miles north of Grand Rapids on Hwy 38. Registration is $5, participants receive a maintenance kit and target samples. For info, call 218-327-0583. **************************************************************** Copyright (c) 1995, 1996, 1997, 1998, 1999, 2000, 2001, 2002, 2003 by Northern Herald and Northern Herald Publications, Inc. Limited Permission to Use Material: I. 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