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TliE EMMETSBUKG (IOWA) DEMOCRATM ’Carty Qttes ‘Objections’To Jet Plane In HarrisonTo Editor: . , ....* re*. .. ,v»I had not intended to enter controversy over the airpl^ae.in Harrison Park as I had served my trine as • City Plan Commissioner, for many years battling \lo iinp-cvj and protect our parks and k^cr cut commercialized projects, wif:! junk proposals, us wt'A as irrn-propria Ie and quest io nalieschemes.But I cannot remain quiet when the vital question involved seems to have been entirely overlooked.Law QuotedIn the first place the law r( Iowa provides (Code vSeetion ?r3-10) “No statuary, memorial or work of nri in a public place, and no public building, bridge, viaduct, sired fixture, public structure or appurtenance, shall be located or' erected, or site therefor obtained, nor si)a 11 any permit be issued by any department of the municipal government for the erection or location thereof, until and unless the design and proved location of any such improvement shall frivcfavorite hymns. Pall hearers were Bussell and Hairy Mailhiesen, la Maiirico Trow, Richard Johnson, Ronald .Bcefcslrom, Jim Lowman, Dale SccM and Keith Horseman, all grandsons. '.Mrs. Gross was born in Humboldt in March nf 3871 to Matthew and Bell Eerrier, where she lived until she was 18. In 1800 she mar rieil Andrew J. Gross and the couple moved to a farm south west of Curlew where they resided until Mr. Gross’ death in 194?,. Mrs Gross then purchased a home in Curlew and ihad lived in that area for 74 years.Survivors include a son and eight daughters, Russell of Santa Monica. Calif.; Mrs. Grace Matlhiesen, Mrs. I.cah Matthiesp.n. Mrs' F.»n.dee*r ttrfmjkicd to the city plan commission and its recommendations thereon obtained.M We stUl have a City Flan ,Commission but that necessary action has net Jven taken in this case as far as I ■'•ju ascertain.In Ihe second place there is a question cf liability that looms large for all of us. The Iowa Code Section 389.12, pertaining to '/he dirty of cities and towns, provides: “they shall have the care, supervision, and control of aU public highways, streets, avenues, alleys, public squares, and commons 'within the city and shall cause the same to be kept open and m repair and free frcm nuisances.”The supreme court has. held in a\ number of cases that ihte • includes parks as the modern equivalent ‘of; “public 'squared ''.and commons/;: If has been definitely held that “the responsibility of the city .for the; safe ’ maintenance of public parks is .well scltled/’ {Lihd-starcm v.' Mason. City,, 256' Iowa-. ?3; 126 N.W, (2d 292) Under the above quoted state law Uje old doctrine of government immunity .‘fhaS fhd-. ed in the face of statutory responsibility for streets -and ' publicplaces.” •• ’ .■ .•' TK« Diffe renc*4 • « ' •This means that , the City1 and park board are not liable for injuries from regular park equipment and children's playground apparatus * built for that purpose and kept in repair. But hc.'o thechildren arc playing all over, this big • airforce airplane which was never designed or expected to be lisc'd as. a children’s . hobby-horse, climbing bars, slides, or other playground equipment. When facilities of the park are :offered to the public and . they prove to b *.be at/fee airport vfem it couWbe viewed by .*£? public, Awttad. ex^^ned. and property supervisedand protected- Thai would be k natural habitat and, not being available to childrra as a playthieg, there would be no danger of liability.Dwight G. McCarty.Rodman Newsunsafe and dangerous causing inill rtf nrrcr»nv uciiiir c I O 111 AMRODMAN - Mrs. Glenn Debolt recently emeifained ihe Birthday Club in her home. Eight members were present. Mesdamts Lee Carlton, Henry Schmidt, John Shriner and John Doty were special guests. Mrs. Carlton joined the club. Mrs. Dobolt read several poems her children -had composed in school. Also a jumble letter game was played. The club v/ill -meet next mcmlfii with Mrs. Emil Firkins -at Emmetsburg. ...Keith Schmidt of Omaha, No hr. spent the weekend, with his parents, Mr. and:Mrs. Henry Schmidt/ , Mr. and .Mrs. William Schail returned.- home Wednesday* from a week’s visit with their sen, Rrch-ard -and family a1 .'Minot, N.D. 'Mrs. Levi’Freiden.of West Bond visited in the GlennVDebolt and Minnie .Urquhart homes . recent!Atr. and Mrs. Orville Jurgens ci boulder, Colo, visited in; the Henry Schmidt home'a few .days recently/, . .•. Mrs. Dorothy Bell of Guthrie Center, and her son Curtis, who is on his way to Vietnam and vm Bob Beil and family of California, visited Mrs. John Walker Friday afternoon. .Other recent callers in Mrs. Walker’s home were Mr. and Mrs. John Bell of Fort Dodge.Mr. and Mrs. Fred Hough loft Friday afternoon for a .weekend visit/with Mrs. Hough's-parents in Burlington.Johnny Joe. Wick man, youngest non cf Mr. -and Mrs. Ralph Wiek-tnan, went Id'Dus Moines Tuesday, where he will be inducted into the
Newspaper Details
Emmetsburg Democrat
Emmetsburg, Iowa, US
Thu, Aug 10, 1967
Page 3
Full Page
Clipped by
Mike K.
USA 25 May 2018
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