Lethbridge Herald, The (Newspaper) - June 19, 1973, Lethbridge, Alberta
10 THE llTHBRIDGE HERALD Tuesdoy, 19, 1973 Trespasser convicted in Whipple well case By WARREN CARAGATA Herald Staff Writer Fort Macleod water haul- ers suffered a defeat Friday in the Whippla water war as one of their members was fined under the Petty Trespass Act. In convicting Brain Vand- ervalk, Provincial Judge C. V. Bennett noted that 80- year-old Jane Whipple, owner of the land on which a flow- ing well is located, posted no trespassing signs and erect- ed a barricade across the road leading to the well. The dispute began March 31 when Mrs. Whipple barricad- ed the access road, prevent- ing as many as 100 families from taking water from the well, drilled during Second World War by the federal government to supply the Gra- num air base. According to testimony, Vandervalk and about six other men found the toad barricaded on the morning of March 31 and began tearing down the obstruction and the signs. Mrs. Whipple walked up to them and asked: "Are you aware you're on private pro- Mrs. Whipple told the court that Vandervalk answered: "We own the road, we own the well." People have been drawing wafer from the well for about 25 years and their difficulties began only when Mrs. Whip- pie took over title from the estate of her sister. Eliza Reed McLean. Mr. Vandervalk said "Hugh McLean (Mrs. Mc- Lean's husband) was happy to have us haul water I think we've got a 100 per cent right to get water there Several msmbsrs of the North Macleod Water Haul- ers Co-Operative later told The Herald that since access to the we'l has been cut off, members have been taking their water from irri- rjation ditches. "A supply of fresh drink- ing water is a very big pro- blem here." Mr. Vandervalk told the court. He said that he has kept the. well in good repair, oc- casionally at his own ex- pense. At other times, repair bills have been paid for by the co-operativs. And the access road through Mrs. Whipple's land is maintained by the Munici- pal District of Willow Creak. He has made several at- tempts to deal with Mrs. Whipp'e. Mr. Vandervalk said', with little success. In a previous Herald inter- view, Mrs. Whipple said that no deal would be made with tbs water haulers. "They come here because it is frae and I'm just fed up with it. I want it to be known that there will be no deal made. No deal whatever." The municipal district has started expropriation proceed- ings to obtain the well and the surrounding 6.09 acres for SCO. The action will ba discussed June 22 in Clares- holm at a mealing of the municipal council. In reaching the guilty ver- dict Monday Provincial Judge Bennett rejected defense counsel claims under the Petty Trespass Act, if an accused has a fair and rea- sonable supposition that the land is not private property, a trespass does not occur. As signs were posted, the judge said, it should have been obvious that the land was privately owned. Prosecutor D. J. Welbourn told the court that in Alberta, continued use and upkeep of property owned by aT.othsr party does not affect the rights of the owners. The case was not handled by a Crown prosecutor be- cause the police were unwil- ling to get involved in the dispute. Mr. Welbourn was retained privately by M r s. Whipple to prosecute the case. Charges under the Petty Trjspass Act have also been laid against Herman Emmel- kamp. John Zoeteman, and Marvin Vandervalk. Provincial Judge Bennett lefused to hear inese charges however, as testimony he heard in the Vanderva'k case may prsjudice him in subsequent actions. The other charges were remanded to June 5 in Fort Macleod to allow another privincial judge to hear them. An assault charge against Marvin Vandervalk was also remanded to June 25. Mr. Vandervalk has pleaded not guilty to the charge laid by Mrs. Whipple that he crushed her finger while cutting a chain which locked the well shut. "Ride bikes or Aldermen balk at school, city bus purchases City council Monday dem- onstrated a considerable re- luctance to purchase any more buses for any pur- poses. With comments like "let them ride bicycles" and "It's ridiculous that kids can't walk a mile to school'' ald- ermen refused to approve purchase of three school buses required for this fall to meet new government school busing regulations. The new regulations say any elementary student liv- ing more than of a miie away from his school is eligible to ride a school bus with the government paying an increased subsidy for the sendee. The formsr eligibil- ity distance was miles and Lethbridge school boards estimated three more buses vould be required to meet the increased demand. Aid. Bill Kergan said tha city was committed to sup- plying school bus transporta- tion and can't help what the government does in the mid- dle of a budget year, and thus reslly had no choice but to buy the extra buses. But Aid. Vera Ferguson disagreed saying council should protest to the provin- cial government that it does not want to spend more mon- ey for school buses. Her opinion carried the day and it now appears to be up to the school boards to determine where the extra buses will come from. Council also rejected an administration request to put out tenders for two transit buses to cost to re- place two more aging buses in 1974. Referring to the recent council vote which increased transit fares to IS cents from 10 cents, Aid. Vera Ferguson said council's transit system as a service policy has gone down the drain. "Until we adopt another policy, I don't think we should buy another she said. Aid. Kurgan said: "'r've often heard around this ta- ble that the transit system is a service. other corporation would have buses 23 years of age running around this city? It's time they were re- placed." But Aid. Hembroff asked. "How many thousands do we have to spend on this ser- vice? That's another which will never ever be re- He said he was purchasing any more for the transit system, pe- riod. The transit bus vote was 4-3 with only Mayor Andy Anderson, Aid. Kergan and Aid. Tom Ferguson support- ing the purchase. agafnsi HARRY NELFELD photo Children damage house Two boys, age six and seven, broke into a hcrne ct 1658 Scenic Heights, Monday afternoon and, in a short rampage before they were caught, managed to do well over damage, including writing four-letter words on the walls with black spray paint. The young boys also broks. several windows, wrecked a turntable on a new quadraphonic sound system, scratched the un- breakable windows on a sliding door, cracked the entry steps, poured marble polish and cleaning fluid on floors and counter tops, and pulled out some plants. The juv- eniles are not being charged and will be dealt with by their parents. The hcuse built by W and G Chute Construc- tion, was completed several months ago and is still await- ing a buyer. Council holds approval of university theatre City council did not com- mit itself Monday on the Uni- versity of Lethbridge's re- quest that it endorse the million theatre auditorium the university wants to build. Council had before it a let- ter from university president Dr. Bill Beckel saying city support would assist in ob- taining approval for con- struction from the provincial government. Aldermen decided, how- ever, they would like to dis- cuss the matter further with Dr. Beckel and felt it should be discussed with the pro- vincial cabinet when it is in Lethbridge in the fall. r v A contract between the city and the American con- sulting firm of CH2M Hill for study of the electrical pow- as approved by feasibility city's future er supply va council Monday. The study cost no more than End is be presented to the city no later than Dec. 15 It will set out alternatives open to the cily and their relative coats. The city will review its present fire regulations gov- erning h i g h-rise develop- ments to sea if any changes ere required. The review was ordered follow ing council discussion cf a letter from the Alberta Fire Fighters Association urging adoption of bylaws such as requiring sprinkler systems in high rises to sup- port fire departments in their bid to reduce fire hazards in high-rises. A study of the city's airport and air service facili- ties prepared by a Calgary consulting firm will be sub- mitted to the July 3 city council meeting, City Man- ?ger Tom Nutting said Mcn- c'av. CIC request ignored A letter asking that pref- erence be given to a Cana- dian in filling the assistant city manager post was deem- ed not worth considering by city council. Pageant fund request stalled By ANDY OGLE Herald Staff Writer Production of "The Sight, The Sound and The Fury" in Indian Battle Park this sum- mer appears to be still in doubt. The Association for Histori- cal Productions wants to stage the military tattoo-style production Aug. 26-Sept. 3 as a full-scale rehearsal for similar productions to run for up to six weeks edch summer. The group, whose directors include Mayor Andy Ander- son, Aid. Steve Kotch, Police Chief Ralph Michel son, RCMP Insp. G. R. Gordon and city economic ment officer Dennis O'Con- nell, had earlier approached the city for a grant to meet the cost of equipment needed for the production. Council had not acted on that request and Monday ad- journed before considering a new proposal that the be given the association in the form of an interest free loan to be paid back at 000 per year beginning next year. The matter will presum- ably be dealt with when council finishes its agenda next week, but time is run- ning short for the association which has also been refused a Student Temporary Employment Program grant to hire 30 students for the production. Association vice-president Marilyn Anderson told ccur- cil however the group is hopeful it v.ill so! a grant from the Alberta RCMP Century Committee. The production this year is planned to coincide with the RCMP centennial and will depict episodes involving the force in Southern Alberta during the 1R70-74 period Mrs Anderson said a great deal of local volunteer work and expertise has already gone into the production, and the association directors had personally backed a bank to purchase light- ing equipment. The association docs not plan to charge admission this year but will begin doing so next summer and Mrs. An- derson told council the direc- tors v.cre confident that with a six-week run thev could be- gin paying hack the council loan next year. A great deal of interest has already teen expressed in the production with in- quiries for seats already re- ceived from places such as Los Angeles and Saskatoon despite the fact it has not yet been publicized, she said. The group feels the pro- duction will become a major tourist attraction. "People are interested in said Mrs. Anderson, and we're trying to take our history and background out cf dusty tomes in libraries and turn it into living color." Some council members ap- peared skeptical, however, and were concerned about the size of the request. Tne letter from the T "'1l- bridge chapter of the Com- mittee for an Canada asked that if council is unable to find a qualified Canadian and a citizen of another country is appointed that his contract contain a clause requiring him to take out Canadian citizenship. "In following these guide- lines not only will you be aid- ing Canada to regain its eroding independence but also you will be following the wishes of a significant por- tion of the people of Leth- the letter said. It was simply filed by council with the only com- ment coming from Vaughan Hembroff who -said only that it was not worth comment- ing on. City Manager Tom Nut- ting said after the council meeting the field of eight applicants interviewed last month for the position has been narrowed to two. One is currently working in Penticton, B.C., the other in Philadelphia. Mr. Nutting said an inde- pendent assessment of these two candidates is being made, and it will be at least another two weeks before any decision is reached. ''I want to be very careful that the person selected is committed not just to a job, .but to the he said. Museum slays on staff LIP The staff of the Sir Alex- ander Gait Museum has been given the go ahead to con- tinue with its Local Initiative Project program through to Nov. 30. The extension for the pro- ject, which is designed to up- grade the operation of the museum, was announced bv the national director of fed- eral government local initia- tiva programs. Drug case remanded A Lethbridge man was re- manded Monday to June 25th when a date for a prelimin- ary hearing on a charge of possession of MDA for the purpose of trafficking will be set. Gary Stephen Grant, 13, has pkaded not guilty to the charge, laid April 26 under the food and Drug Act. Bursary protests mount By HERB LEGG Herald Staff Writer Three more faculty leaders at Lethbridge Community College have voiced concern about a bursary program at the University of Leth- bridge and have taken their protests to tha LCC board of governors. Pat Webb, executive as- sistant to LCC president Dr. C. D. Stewart, says the col- lege can do one of two things: "demand equal treatment" or "ask some forgiveness in our budget if our enrolment drops more than 1'J per cent." The government bursary offer, of per student per year, was announced earlier thif spring by Advanced Ed- ucation Minister Jim Fester in an attempt to bolster sag- ging enrolment at the U of L. "I am deeply concerned about program and the misleading remarks made by U of L vice-president Dr. Owen Holmes over local is little doubt that in certain areas both the uni- versity and ourselves are competing for the same stu- Mr. Webb said. He said Dr. Holm 35 has in- dicated, in public statements broadcast over local media, that the government bursary will benefit other Alberta uni- versities and colleges. Mr. Webb said that state- ment is not correct" "Should any other factors, outside our control, combine with the bursary program, WP will find ourselves dras- tically hurt in terms of enrol- ment. "Ths two announcements ''government bursary and Dr. Holmes' remarks) should be strongly opposed through every avenue available. "At least we should meet immediately with the minis- ter to discuss the inequality of Mr. Wabb has told LCC governors. He said if "equal treat- ment" is not forthcoming, LCC governors should seek budget assistance from the provincial government. "We might ask for some forgiveness in our budget if our enrolment drops in ex- cess of the 10 per cent allow- able. "It seems ironic that at a time when we are under the tightest possible financial contraction, the univers i t y should be so generously as- sisted in ways which cannot but hurt Mr. Webb said. He said the government contention that the U of L bursary program is experi- mental is "highly suspect.'1 "It is highly suspect in that as a form of assistance la the university it is very to become permanent unless a concerted effort is made to prove to the min- ister how highly unpopular it is as a solution to the Uni- versity of Lethbridge's prob- Mr. Webb said. An appeal to the minister is also advocatecd by LCC continuing education director Dr. Keith Robin. "It could be shown that the Lethbridge Community Col- lege could profit from imple- mentation of a similar pro- gram. "It would appear the only way not to place studerus into. lh.3 position of making a bi- ssed selection would be to offer an equal financial in- ducement for students, re- gardless of program or insti- Dr. Robin said. He said he questions the government's view that a ?500 bursary program at the U of L is a basis for future al- ternatives in student finance. "It would be a much more useful typs of evaluation if the experiment is based on a true selection of program and institution as opposed to the forced choice imposed on students who must register at the University of Leth- bridge to qualify for finan- cial assistance. believe we should appeal to minister for some type oC similar incentive so the department of advanced ed- ucation, through its minister, cannot be accused of unfair bias in favor of the univer- sity." Dr. Robin said. LCC student services direc- tor J. L. MacNeil says the government is ignoring a trend by students of ence for college pvograms. "It would SEem the dpart- ment of advanced education is ignoring the obvious. There aie far more students with. interest in the community college than there are stu- dents willing to invest in a four-year degree program. "It would seem fair and logical to expect the depart- ment to assist college stu- dents as well as university students. "Since our fees, tuition and operating costs at the college are considerably lower than al the University of Leth- bridge, a figure of per student might prove ads- ouate for our Mr. MacNeil said. He said he is concerned, as a taxpayer, with the amount of money now being contri- buted to the university. a taxpayer, I am be- ginning to question 'the wis- dom of pouring too many more dollars into a venture (U of L) where top manage- ment seems reluctant to change in the face of finan- cial Mr. MacTXil said. Senior citizens 110 wiser A group of senior citizens rdsed a number of questions at city council Monday con- cerning their proposed apart- ment development but went away not much wiser. "Basically we don't know- where it's Mayor Andy Anderson told them. He said the apartment to be built adjacent to the new library on the Central School Street and 6th Ave- nue S.) is still awaiting pro- vincial government approval of new legislation governing financing and administration of such housing. He added that there has been no decision as to the height of the building. The senior citizens were particularly concerned by reports the building could go 12 storeys, saying they did not want a high-rise. They a'so wanted to know why it has taken so long to get the project under way. "I've been waiting seven >ears and I'm still said cne woman. Mayor Anderson said jie hoped they didn't think city had been delaying the project. E2 said the city had been after the provincial government repeatedly to get the legislation through. The senior citizens also wanted assurances that in- come criteria would be adopted to insure those that need the housing most would gel in first, and that no rec- reation facilities be built un- til the pressing need for housing was met. They were told the city would have to go along with policy dictated by the prov- ince, but there would likely be a screening process and those with low incomes would get top priority. Butler drops 15 per cent in production Alberta creamery butter prcduction for April was 1.- pounds, a decrease of 15 per cent from April 1972. the Alberta department of agriculture reports. Product ion in the tral region was about the same as last year but the southern region was down 15 per cent, the northern ragion was down 17 per cent and the west-central region was down 26 per cent. Creamery butter production in Canada for the month was pounds, a decrease of 21 per cent from April 1972. Meanwhile Alberta cheddar cheese production was in- creased 18 per cent aroT Al- berta ice cream mix produc- tion was down three per cent. Fluid milk sales in Alberta for February were quarts a decrease of two per cent from February 1972.