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 d