Vernonia eagle. (Vernonia, Or.) 1922-1974, September 12, 1974, Image 1

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    Filed
Against Two
Policemen
A wrongful death suit has been
filed in Columbia County Circuit
Court, asking damages of nearly
t
a half m illion dollars on behalf of
the estate of Zells Kappert,
Goble, who died as the result of a
one-car accident in December,
1972 at the junction of Highway
47 and the Scappoose Vernonia
j Highway.
Named in the complaint are
Steven Poetter and Ray lu m p ­
ing, in addition to W illiam Jacob,
driver of the car in which the
young woman was riding at the
time of the accident. Poetter,
now with the St. Helens Police
Department, was then a mem­
ber of the Vernonia Police
Reserves while lu m p in g was,
and is, a member of the Ver­
nonia Police Department
The complaint, filed by Loren
Kappert, a representative of
Miss Kappert' s estate, alleges
that the three men were neg­
ligent. It covers the events lead­
ing up to the crash, beginning at
approximately 2:45 a m on Dec­
ember 2, 1972 when Jacob’s
vehicle, in which Miss Kappert
was riding, passed the police
station on Bridge Street in Ver­
nonia It was at this time that it
isalledged Poetter and Lamping
believing a violation of the local
noise ordinance had been vio
lated, entered the Vernonia Po
; lice car and pursued the Jacob
automobile
Suspecting the operator of the
Jacob vehicle might be under the
influence of liquor, the com-
ilaint continues, and after fol-
owing for approximately 12
miles, the officers attempted to
stop Jacob by using the flashing
lights of the police car
When Jacobs didn’t stop, the
complaint contends, the officers
chased the car on a narrow
winding road, in a rainstorm, at
speed ranging up to 100 miles an
hour for between 3 Vi and four
miles until the Jacob vehicle ran
off the road and Miss Kappert
suffered injuries which resulted
in her death
According to the complaint
Jacob was negligent in attem pt­
ing to elude the police and in tne
manner in which he operated the
car Poetter and Lamping were
negligent according to the com
plaint, because they acted un­
reasonably to the suspected
offense; they pursued the Jacob
vehicle for more than a mile
without lights; they failed to
attempt to stop Jacob promptly
after observing the violation of
the basic rule; and that they
operated the Vernonia police car
on Highway 47 at speeds up to 100
miles per hour during a rain
storm
The complaint further con­
tends that the officers failed to
take into consideration
that
there were other people in the
car besides Jacob, that the ve­
hicle was occupied by juveniles
who might be frightened by what
was occurring and that they used
unreasonable and excessive
force in pursuing the vehicle and
deprived Miss Kappert of her
civil right to be secure and free
from unlawful arrest and un­
reasonable harassment
Further, the complaint states
that Jacob and Poetter engaged
in a race on the highway and that
Lamping, by not objecting, ac­
quiesced to the conduct If any
defendent had broken off the
race, the complaint alleges, the
death would not have occurred
Damages in the amount of
$150,000 are asked as a result of
Miss Kappert s death from each
defendant as well as $1,678 in
medical and funeral expenses
from each.
Three other occupants of the
Vehicle, including the driver,
Jacob’s were injured in the ac­
cident .
f
Police Cadets
Plan Program
The Vernonia Police Cadets
w ill be the hosts for law en­
forcement cadets from through­
out the area on Monday Sep
tember 16.
The Cadets have arranged for
the M ilita ry Police to present a
talk and film showing aimed at
showing the possibilities of a
career with the m ilita ry police
law enforcement group
The program w ill start at 7
p.m at the Vernonia High School
gym Those interested in be-
(inning a career in law en­
orcement (or a related field)
are urged to join the Police
Cadets Membership is open to
young men and women 14 to 20
years
All are welcome to the pro
gram.
L ib r a r y
U n iv e r s it y o f Oregon
E ugen e, Oregon
Oernonia £a<jl£
VOLUME 52, NUMBER 37
MMOMOMOMMMOQMO
Proclamation
N O m o M m m o o M o m c
H U N TIN G AND FIS H IN G DAY
Because of the outstanding
contributions that America's
hunters and fishermen have
made to conservation, recrea­
tion and the economy, they are
deserving of special recognition
Since the turn of the century,
hunters and anglers have been
the leaders in nearly all m ajor
conservation programs. These
sportsmen-conservationists are
responsible for the founding of
state fish and game departments
in all 50 states They asked that
they, themselves, be required to
but licenses and that money
collected be used to support state
conservation agencies In the
last 50 years alone, these sports­
men have provided $2.5 billion
for conservation programs
Hunters and fishermen asked
for the establishment of regu­
lated seasons and bag lim its so
that sportsmen could harvest the
annual crop of game and fish
without damage to the basic
breeding population The result
has been that there are now
more deer, elk, antelope and
wild turkey in the Unitea States
than there were 50 years ago.
Further, sportsmen's programs
have benefited numerous spec
les of non-game fish and w ildlife
through habitat development
Hunters and f i s h e r m e n
unique in all America, asked
that their fishing and hunting
equipment be taxed and that the
money be used for land ac­
quisition. research and habitat
management tor Hsn ana wna-
life for the enjoyment of all
Americans
Through their publications and
organizations-such as the Na-
t i o n a 1 W ildlife Federation,
Ducks Unlimited. Izaak Walton
League of America and many
others-hunters and fishermen
have led the nation in the battle
for a better environment and the
wise use of our natural re­
sources.
Therefore, I Sherman Fisher,
Mayor of the City of Vernonia,
Oregon, do hereby proclaim
September 28, 1974 as National
Hunting and Fishing Day and
that this day be an annual ob­
servance the fourth Saturday of
each September I urge ail of our
citizens to join with sportsmen-
conservationists in a rededica­
tion tottee wise use of our natural
resources and their proper man­
agement for the benefit of future
generations Further, I urge all
citizens to take part in National
Hunting and Fishing Day activ­
ities on September 28 to learn
more about conservation and
outdoor skills
ShermanS. Fisher
Mayor of City of Vernonia
Local EMT's
Teach CPR
On September 3, Tom Bruce,
Ray Lamping and Jack Cun­
ningham held a class in Cardi
o p u l m o n a r y resuscitation
(CPR) at the Hamlet Rural Fire
Department (Seaside) The de­
partment, composed of women
as well as men, are in process of
securing emergency
rescue
equipment.
CPR is an emergency pro­
cedure in basic life support The
classes in CPR are taught free to
any group, in an effort by the
Oregon Heart Association to
save lives in cases of sudden
death caused by heart attack
The course is approximately
three hours in length and upon
completion of the class, those
passing, are issued an iden­
tification card by the Oregon
Heart Association
Those interested in a CPR
class for their club or area mav
call 429 5141
VERNONIA, OREGON 97W4 — 10c P er Copy
THURSDAY,
SEPT.
12,
1974
Council Decides Thumbs Down
On Nobile Home Placement
The regular meeting of the
Vernonia City Council was called
to order Monday, September 3
by Mayor Sherman Fisher fol­
lowing a special meeting re­
garding outside water hookups
which was continued to Sep
tember 9 when the engineer is to
report on the city water supply
and whether there is an ad­
equate amount to service all
outside requests. In attendance
at the session were councilmen
Bud Atkins. Ed M iller and
Locille Tomlin with councilman
Todd Bowerman absent. A l s o
present was city attorney Allan
Coon
Following the reading and
approval of the previous m i­
nutes, the mayor called for
business from the floor Fire
chief Don Webb announced that
the city should receive the new
fire truck on Monday, Septem­
ber 9. Tommy Bruce is to attend
a test of the truck at Cornelius
September 6.
A lengthy discussion ensued
over housing for the fire truck; a
subject which also involved the
ambulances as both the fire
apparatus and ambulance units
need covering in the winter. One
possible answer to the dilemma
was reactivating the furnace in
the old city hall where both
ambulances could be housed
Council decided to study the
cost for said reactivation and
meeting the requirements of the
state law. Council requested that
attorney Coon see about ac­
quiring the railroad property
from Bridge to Cougar streets,
between Rose and Weed, for a
new fire station. He is to submit
his report the first part of
October
Representatives of General
VHS FFA Boys
Reap Awards
Telephone Company reported on
decided to uphold the city ordi
the fire department’s request for
nance denying p e r m a n e n t
a new phone installation system.
placement of mobile h o m e s
The 12-phonc private circuit
within the Vernonia city limits.
would utilize their r e g u l a r
Mayor Fisher had been in
phones, all siren controlled,
touch with Ruby E lliott regard
which would ring until the circuit
ing her request to postpone
was broken by all phones being
sewer hookup until a new home
replaced on the hook The cost of
was completed. Discovering that
the 12 phones would be $114.60 building
had not yet begun, her
per month with an installation
request was denied
fee of $435. Council asked that
Next to be heard was new
quotations for less t h a n 12 business with attorney Coon
phones be submitted Council
submitting a resolution amend­
w ill reach a final decision at the
ing the City Charter as follows:
special September 9 meeting
To amend Section 13 reducing
Both H arry Coleman a n d
residency requirements from six
Essie Nance appeared to asked
months to 30 days for qualified
about drainage problems on
legal voters at municipal elec­
their property with council re­ tions.
questing that the engineer look
To amend Section 32 thereby
at both locations then submit a
making ju ry tria l permissable in
report.
the Recorder’s Court;
Council then approved the
and amending Section 139 re­
supplementary budget including
quiring all city contracts to be
the federal library grant.
subject to bid if said contracts
Committee reports were then are likely to exceed $500.
heard with Tomlin giving the
Council voted to adopt the
police report followed by Mayor resolution and to present it to the
Fisher reading the building in­ voters in the November election.
spector’s report and the public
A voice vote of three yeas; no
works report.
nayes, carried the motion
Next on the agenda were
Council voted that the city
communications with a letter recorder place the resolution on
from R.E. Meyer Engineers file for public inspection
representative Zen Dutson re­
Upon payment of the bills, the
garding an eight-inch d r a i n
meeting was adjourned with the
problem between Knott and next regular meeting of the city
Juniper. Council asked that he council scheduled for Monday,
follow through to the party September 16 at 8 p.m. in the
involved
Vernonia City Hall.
Under unfinished business the
new garbage ordinance was
signed by the mayor, effective
immediately.
After discussion c o u n c i l
agreeded to follow the state
regulations regarding m ilita ry
leave for city personnel.
Attorney Coon then reported
that he had been in touch with
the Department of Transporta­
tion regarding mobile homes vs.
modular homes and they had
informed him that the seal
placed on all mobile homes
cannot be tampered with and
any attempt to remodel a mobile
home to comply with building
codes would be impossible, in­
side or outside. Council then
Members of the Vernonia High
School Chapter of Future F arm ­
ers of America placed well at the
1974 Oregon State F air with
three individual blue ribbons and
four blue's awarded the chapter;
and ten red. awar'1® (second
place) for individuals with the
FFA Chapter reaping two reds
also.
Individuals t a k i n g
blue
Some Oregon veterans may be
awards were Jerry Rumbolz,
sawhorse; Rick Rinks, saw­ due some back m ilita ry pay. A
horse; and Chris Cameron, ma­ federal court recently ruled that
a 6.14 percent m ilita ry pay in­
chine tools.
crease which started January 1,
Red awards went to Fred
1973. actually was retroactive to
Bergerson, large implement
tra ile r; Randy Ellson. large im ­ October 1, 1972. The court held
plement tra ile r; Fred Berger­ that the president had illegally
withheld a federal pay raise
son, all metal u tility tra ile r;
during the last three months of
Greg Brewer, portable engine
1972
hoist. Scott Ellis, metal gate;
H.C. Saalfeld, Director of Vet­
Dale Webb, metal gun sighting
gauge; Jim King, fishing poles erans Affairs in Salem said
veterans who were on active
and display box; Jerry Rum-
Boltz. rung ladder; Rick Rinks, duty during that three-month
period should make a back pay
rung ladder; and Bob Brooks,
claim, in the form of a short
floor creeper.
The chapter, as a whole, took a letter.
Saalfeld said the letter should
blue ribbon for wood stepladder;
include the applicant’s f u l l
small tractor trailer, two fishing
name, social security number,
poles, and their forestry display
m ilita ry service number, rank,
booth; and red awards for their
large implement trailer and current mailing address, date
separated from service, and
motor stand.
Vernonia placed fourth in the duty station between October 1,
1972 and January 1, 1973.
State Ag. Mechanics Contest
Depending on the branch in
during the state fair with a team
which the applicant served, the
composed of Terry Buckner,
who was overall eight place letter should be sent to:
Arm y Finance Support Ag­
winner; Mike Smiley, overall
ency, FINCS-A, Indianapolis,
sixth place; and Scott Ellis.
Ind 46249
The FFA chapter placed tenth
Commanding Officer, Navy
out of the 54 chapters displaying
in the Oregon Banker display Finance Center, Federal Build­
ing. Cleveland Ohio 44199
contest.
A ir Force Accounting and F in ­
According to their leader,
Donald Kabler, former teacher ance Center, AFC 3800 York St.,
at Vernonia High School, who Denver Colo 80205.
Marine Corps Finance Center.
retired this past year, only two
trailers were sold at the fa ir this Examination Division. Kansas
year from the enormous display. City, Mo. 64197.
Commandant, U.S. C o a s t
One was sold by a Gervais boy
for $900 with the other, made by (iuard,G-FFA-2-71, Washington,
D C. 20590
Randy Ellson, going for $650
The F a ir w ill give the can
didates for State and Federal
office from Northwestern Ore
gon a chance to meet and talk
with the approximately 300-500
handicapped people who are ex­
pected to attend Deputy reg­
istrars w ill also be available so
that handicapped people can
register to vote at the Fair
The F air is sponsored by the
Oregon Chapter of the National
Rehabilitation Association. The
Portland Chapter of the League
of Women Voters, the Portland
Federation of the Council for
Exceptional Children, the Ore
gon Council of Organizations
Serving the Deaf, the Oregon
Registry of Interpreters for the
Deaf, and the Portland Chapter
of the Oregon Architectural Bar­
riers Council. The F air is the
first of its kind in Portland.
Candidates who w ill speak in ­
clude Robert Knudson, R. can­
didate for Labor Commissioner;
Victor Atiyeh, R Gubernatorial
candidate; Jesse Fasold, and
Vern Duncan, candidates for Su­
perintendent of Public Instruc­
tion; Les AuCoin, D for Con­
gress First D istrict; Whipple D
for State Senate; Craig Berkman
R. for State Senate and others.
In short speeches, the can­
didates w ill answer questions
submitted to them in advance.
The speeches w ill be intersper­
sed by explanations of the State­
wide ballot measures, and an
explanation of voters registra­
tion laws and procedures by a
representative of the Registrar
RUSS V IN E Y A R D couldn’t resist trying out the
new Vernonia F ir e Engine following it ’s delivery
M onday. The approxim ately 33 foot long w hite
machine was built by Western State F ir e Ap­
paratus in Cornelius.
Constructed on a Ford
chassis, the vehicle is able to c a rry 1500 gallons
of Elections’ office Interpreters
for the deaf w ill be provided
The candidates as well as
various organizations of and for
the handicapped w ill also have
booths from which to distribute
literature
The Smith Memorial Center
Ball Room is accessible to
people in wheelchairs v i a
Broadway St. entrance
Columbia City Awaits
Results On Testing
City officials in Columbia City
are still waiting for results of a
complete analysis their water
system following tests taken in
August which showed evidence
of fecal contamination of the
city's water supply. Presently
the city is using water from St.
Helens.
The city is hopeful that an
October election for a sewer
system program for the com
munity w ill be approved so that
sewer construction can begin In
this way, the council hopes that
the concentration of bacteria in
the ground from septic tanks and
drain fields w ill dissipate to the
point that using the city well,
located near the Columbia City
civic building, would be possible
Otherwise it is felt that con­
sideration w ill be necessary re­
garding location of another wa­
ter supply.
Watermasler Due
Clayton J. Gardner, State Wa-
termaster, w ill be on the top
floor of the Columbia County
Courthouse on Wednesday Sep­
tember 18, from 10 a m until 3
p.m. to answer any questions
pertaining to water rights.
of w ater and weighs 35,640 pounds when fu lly
loaded w ith w ater. I t has a loud speaker sys­
tem and an electronic siren, a 530 cubic inch
engine which pulls 276 horsepower and cost the
city $37,229.
Commissioner Recall Set For Election
An election to endeavor to
recall the Columbia
County
Commissioners is now certainly
with voters slated to cast their
ballots Tuesday, October 1 on the
matter, following the a rrival at
the Columbia County Clerk’s
office, of the now, state certified
petitions which had been c ir­
culated throughout the country.
Friday, September 6 county
clerk Roy Nelson took the pe­
titions to Salem following 108
hours of work at the clerk’s
office to validate signatures
The petitions were certified by
the state as perfected petitions
and signed Monday, September 9
then returned to the clerk’s
office Tuesday morning.
The three Commissioners,
Fred Foshaug, A.J (Jay) Ahl-
born. and Jack Minkoff, now
have five days in which to re­
sign, a
move
they
have
adamantly stated they w ill not
Chamber of Commerce
Changes Meet Dale
C O N S T R U C T IO N continues on the new bridge being bulU ap­
p roxim ately a q u a rte r of a m ile past the town of M ist, replacing
the one severely dam aged in the January flood. Work on the
Richard Ross, anchorman for
KGW TV news, w ill moderate a
Candidate's F air and Voter Reg
istration Drive for the Handi
capped Sunday 15 from 1 to 5
p m at the Smith Memorial
Center Ball Room, Portland
State University
Oregon Ve gans
N ay Be Due Money
i
The Chamber ol Commerce
has changed its meeting time to
the second Tuesday of each
month Several of the directors
are also volunteer firemen so as
to enable them to attend the fire ­
men’s meetings on
Monday
evening the change was made
Bill Crabtree, representing
Brunsman's Hardware, was ap
pointed to fill a vacancy on the
Chamber board
Work has begun to repair the
Vernonia sign near Staley’s
Junction as it was found the oval
plywood sign had deteriated to
the extent they would need to be
replaced New lettering and
painting of the whole sign is also
planned
Candidate's fair Scheduled
For Handicapped Sept. 15
steel reinforced concrete structure began approxim ately four
weeks ago with completion slated sometime in the near future.
consider. If the Commissioners
do not resign then an election
must be held within 20 days or a
total of 25 days in all
An interesting sideline to the
recall movement, which began
last May of this year, is the legal
description of how a recall pe­
tition is put into action.
According to Oregon state law,
25 percent of the total votes cast
for all candidates for judge of
the Supreme Court for that po­
sition for which the greatest
number of votes were cast, are
needed to initiate the petition
and in order to find out how
many signatures were needed
referral had to be made at the
1970 ballot, the last tim e voters
in Columbia County voted for a
Police Form
Data System
The Law enforcement agen­
cies in Columbia Counly have
joined together to form an in ­
formation sharing group Nam­
ed the Columbia Law Officers
Data Sharing (CLODS), the
group was initiated in July of
this year in an effort to provide
interagency information
on
crimes and crim inals in an effort
to reduce the rising crim e rate
They have combined forces and
information to aid in the combat
of "m obile” crime.
The exchange of information
and joint cooperation have re­
sulted in the arrest of at least 14
individuals These arrests cover
crimes of narcotics, burglary,
theft and auto theft
Agencies belonging include the
Columbia Counly Sheriffs De
partment, Oregon Slate Police,
St Helens Police Department,
Vernonia Police Department,
Rainier Police Department,
Clatskanie Police Department,
Scappoose Police Department
and Investigators working out of
the Columbia County D istrict
Attorney’s Office.
The next meeting of CLODS
w ill be hosted by Jack Cun­
ningham, Chief of Police at
Vernonia.
judge of the Supreme Court.
Therefore a total of 1648 sig­
natures were needed for each
petition.
The recall began w ith the
forming of a committee who felt
that the Commissioners position
on CRAG was in violation of the
constitution
Immunization
Survey Set
The Bureau of the Census w ill
survey a sample of households in
this area the week of September
16-20 Io determine (he extent
people have been immunized
against selected diseases, John
E Tharaldson, Director of the
Bureau's Regional Office in
Seattle, announced September 9.
The immunization survey con­
ducted nationally every year,
provides information on immun
izalion against measles, influ
enza, smallpox, polio, dipthena.
whooping cough, tetanus, ru­
bella, and mumps This infor­
mation is needed for admin­
istration of health programs
geared Io disease prevention
These health questions are in
addition to the usual ones asked
in the monthly survey on em­
ployment and unemployment
conducted nationwide by the
Bureau for the U.S Department
of Labor.
Results of the monthly em­
ployment survey provide data on
conditions in the labor force,
prime indicators of the economic
health ol the country. For ex­
ample. the Nation's unemploy
ment rate was 5.3 percent in
July; it was 5.2 percent in the
previous two months and had
held in the 5.0 and 5.2 percent
range since-the beginning of the
year Total employment was 86.3
m illion in July, essentially un­
changed from June but up by
500.000 since April
Information supplied by in ­
dividuals participating in the
survey is held confidential by
law and is used only lo compile
statistical totals.
Census Bureau interviewers
who w ill visit in this area is
Nancy Autio, Astoria. Ore