Last week there was filed in district court the petition of a number of Cherokee citizens as plaintiffs vs A. R. Molyneux, Mayor of the city of Cherokee, Iowa, and C. A. Stiles, L.A. Wescott, Frank Colby, C. S. Micham and R. H. Kuhrts, Members of the City Council of Cherokee, Iowa, in which among other allegations is this important one. Par 14. That unless restrained by an order of this court the said defendants will without any warrant of authority of law abandon the operation of said water plant as a municipal plant and will cause the said plant to be gutted and destroyed for the purpose of turning the same over to said electric company and for the purpose of installing the machinery of said electric company in the place of the valuable machinery owned by the city and which is now used in the successful operation of the said water plant, and a contract exceed the term of said defendants in office four and a half years will be entered into and the said plant will be dismantled and destroyed without the knowledge of consent o the qualified electors of said city and will be leased and greatly depreciated in value to the great and irreparable damage of the city.
A temporary writ of injunction is then prayed for and this was granted by Judge Gaynor.
The city's side of the controversy is that nothing has been done as alleged in the petition but to install a meter, which was advised by expert engineers as necessary to discover leaks and other avoidable loss of water, and that nothing has been done towards letting a contract with the electric company. The first effort will be to discover just how much water can be pumped and the actual cost thereof; that the electric company has offered to pump the water for the city at a substantial reduction over present cost, equal at least to the expense of the cost of hauling coal and the salary of the engineer, and binds itself to keep the present plant intact ready for instant use if needed, and to at least once a month put the present pumps in operation to prevent deterioration, but that said proposition has not been acted upon, and that in no event will anything be done to change or impair the present plant; that the electric pumps proposed to be installed by the electric company will be entirely separate from the present pumps and pumping facilities.
The above fairly presents the contentions of the opposing parties and it is expected that the case will come up before the court at the January term.
Because animal claims that have been allowed this year are already $434.90 in excess of the amount collected in dog taxes, members of the board of supervisors voted Friday to raise the price of dog taxes in rural districts of Cherokee county for 1936.
Bills were allowed, reports on the relief situation in Cherokee county heard and other routine matters considered at the board meeting Friday.
Rural Increase Only
Owners of male dogs must pay an additional 50 cents, and owners of female dogs will be charged an extra $1 when dog taxes for 1936 are sold, beginning December 1, in rural districts of the county. The board of supervisors has no authority to increase the amount in cities and towns, so rates of $1 and $3 will continue in urban areas next year.
The $1.50 and $4 rates in rural districts next year are expected to help make up a shortage that has resulted this year from the largest number of claims presented and allowed. Claims of 1935 must be pro-rated it was decided at the board meeting.
At Friday's meeting $171 worth of animal claims were allowed to the following persons:
Allow 7 Claims
Fred Marquardt, Aurelia, was allowed his full claim of $5 for one ewe; Harry R. Wilson, Aurelia, received $70 for seven ewes; A. R. Johnson received $20 instead of $24 for four ewes; Everet Kuhrts, Washta, received $4 instead of $8 for one lamb; Loren Goettsche, Holstein, was granted $24 for four ewes and one lamb; W. C. Gearke, Aurelia, received $23 for three ewes and two lambs; and Carl Hanson, Aurelia, was granted $25 for five ewes.
Matthew Sheridan's blind pension was increased from $12.50 to $20 a month. Next meeting of the board is scheduled for December 2.
Johnnie Wilxocon, 19 year old Larrabee youth, who has been confined to Sioux Valley hospital with injuries received in a motor accident, has been discharged and is making rapid improvement, his physician reported Wednesday.
Wilcoxon suffered a long scalp wound Sunday afternoon when his motorcycle and a car driven by Verne Grooter collided.
Johnnie Wilcoxon, 19 year old Larrabee youth, was showing improvement Monday morning at Sioux Valley hospital where he is being treated for injuries he sustained when his motorcycle and a car driven by Verne Grooter were in collision at Larrabee Sunday afternoon.
The youth sustained a long scalp wound which required many stitches to close. He was rushed to the hospital immediately after the accident, and his physician said Monday morning that he will recover from the injury.
Grooter, who was accompanied by his family, was driving north at the first intersection east of Main street in Larrabee about 4:15 Sunday afternoon. He said the sun blinded him and he did not see Wilxocon, who was coming east on his motorcycle.
Force of the impact threw Wilcoxon several feet off the road and knocked the front fender off the Grooter car. The loud crash attracted a crowd to the scene of the accident in a few minutes.
Although the injury Wilxocon sustained was described as "serious," hospital attendants said he rested will Monday night and that his condition was better Monday morning.
Thirty-two disabled veterans at the Cherokee State hospital were guests at a dinner-dance staged by the Veterans of Foreign Wars and auxiliary at 6 o'clock last Thursday night in the Knights of Pythias hall.
After dinner, which was provided by the ninth district organization and served by members of L.A. Wescott auxiliary under direction of Mrs. Anna K. McCulla, ninth district hospital hostess, dancing furnished entertainment for the guests.
Eight post members served as drivers and dance music was supplied by Violet and Fred Wadsley. Assisting Mrs. McCulla were Mesdames Stella Dickison, Beulah Anderson, Stella Campbell, Agnes Crippen, Rachael Colwell, Irene Jones and Hazel Stevenson.
Following the entertainment in the hall the group was entertained at the American theater by Dale Goldie.
Thursday night's affair was second this month for the disabled veterans, the American Legion having entertained them at dinner and a theater party provided by Francis Naulteus of the Empress earlier in the month.
The new by-pass highway north of Cherokee has been completed for the present and is closed to traffic at both ends.
However, a one-mile section across the new bridge is open to travel between county roads north-east of this city.
According to George Stevens of Iowa High way Commission headquarters here, the bypass highway will not be open for through traffic until it has been paved.
Paving was originally scheduled to be done in 1962, but it is possible that the date could be changed to finish the bypass before that time, Stevens said.
Aircraft visiting the Cherokee Municipal Airport this week included a National Guard helicopter from Minnesota, piloted by Jack Carlson, former Cherokee resident.
Flights logged on Saturday, November 19 were Simonsens of Quimby to Des Moines, Caswell Manufacturing Company to South Bend, John Morton to Winner, S.D., Bob Kuester to Vermillion, S.D., Melvin Wilson to Spirit Lake and a local trip by Jack George.
On the past Sunday, Berglund-Schneider flew to Waterloo, Christensen Bros. to Des Moines, D. E. Brown to Sioux Falls and Bud Stilles locally.
Other flights this week included Scothorn Construction Company to Joplin, Mo., on Monday; D. E. Brown to Fargo, N.D., and Cherokee Flying Service to Des Moines and Sioux City Tuesday. John Heline to Omaha Wednesday,
Then, of course, one of the most important visitors of the year landed here Friday afternoon. Attired in a red suit trimmed in white with matching cap, the traveler was listed as Mr. S. Claus, North Pole.
The mercury climbed steadily in bright sunshine here Friday to 71 degrees at 3 p.m. setting a record for November 25 in Cherokee.
Although "June in January" occurs only in song in Northwest Iowa, April in November has been an actuality here this year.
According to weather records kept by J. E. Wirth from 1921 through 1950, the November 25 temperature only approached this year's balmy reading on that date three previous times.
Those were in 1933 when it was 58 degrees on November 25; 1935 when the top reading was 54 and 1941 when it was 53 degrees.
There have been only 13 days in the 20-year period covered by Wirth's official records when the mercury reached the high 60's or 70's in November--and the majority of those dates were in the first half of the 11th month.
Other unusually warm November temperatures were recorded on the following dates: November 1, 1924, 74 degrees; November 8 and 13, 1930, 68 degrees; November 8, 1931, 77; November 1, 1933, 74; November 6, 1934; November 9, 1937, 70.
Also November 1, 1938, 76 degrees; November 17, 1941, 71; November 1, 1944, 72; November 5, 1945, 73; November 10, 1949, 76 degrees.
A solitary recommendation for a new county assessor has been rejected by the Cherokee County Conference Board.
County Assessor Vernon Peterson is to retire Dec. 31.
The Conference Board voted Monday to reject a recommendation to consider only one candidate as the replacement for Peterson. While that one candidate--Harold Zarr, Sioux City--still may be considered for the job, Conference Board members said they wanted to have a choice of candidates.
Zarr, who is Woodbury County assessor, served as Cherokee County assessor from 1965-1977.
Zarr was recommended as Peterson's replacement by the Cherokee County Examining Board, comprised of Jack Montgomery, a Larrabee farmer, Loren Lundquist, a Cleghorn farmer, and Robert Stephenson, a Cherokee Realtor.
Candidates for the county assessor's job were selected from a list of qualified people complied by the Iowa Department of Revenue.
Stephenson, the only member of the examining board present at Monday's meeting, said about 100 letters were sent out, but only five people responded.
Of the five, only three went through the interview process: Zarr, Todd Quam, Emmetsburg and Ray Gustafson, who works in the Cherokee County Assessor's office.
Stephenson said the lack of response was a hindrance in making a recommendation.
Stephenson said the board indicated Zarr has more experience than Quam in the assessor's job.
Peterson said Gustfason, who has worked in the assessor's office for three years, has the knowledge and background for the job. He also told the conference board that appointing him would maintain "continuity in the office."
Don Tietgen, chairman of the Board of Supervisors and the Conference Board, said more than one name should have been submitted by the Examining Board.
Tietgen said it had been rumored before the examining board was appointed that Zarr was a likely successor for Peterson, adding that such a situation "does not lend itself very well to the openness and accuracy in the seeking of applicants."
Aurelia Mayor Burton Johnson said he felt the Examining Board went "beyond the call of duty" when it recommended only one applicant. By doing so, the board was almost choosing the replacement, Johnson said.
The Conference Board asked members of the Examining Board to submit three additional names for consideration. If it cannot do so, the Conference Board will conduct interviews to find other applicants, Tietgen said.
The Conference Board is to meet in January to discuss which action will be taken.
The Conference Board appointed Joyce Groff, Cherokee County Deputy Assessor, to serve as acting assessor after Peterson leaves office and until a permanent assessor is chosen.
Several other issues pertaining to the job were discussed by the Conference Board.
One of the main issues was salary. The Cherokee County assessor's salary is $23,400. Stephenson said salary was discussed in the candidate interviews, but that it was not a major factor in the final decision. Most of the candidates desired higher salaries, Stephenson said.
Conference Board members, as well as Stephenson, said Peterson's position requires experience as an assessor as well as being tough enough to deal with property owners who do not agree with assessments made on their property and the Department of Revenue during appeals on equalization orders.