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NcHenryj m since 187 5 aindealer. Wednesday May 23, 1984 Number 83 Volume 108 2 Sections 34 Paaes 25* Teenage smoking: Are high school By Marion Olsen Plaindealer new* service A motion to eliminate smoking areas at McHenry high schools for ooe semester was defeated in a 5 to 2 school board vote Tuesday night. The question of student smoking will continue to fall into the laps of parents, as set forth in the present smoking policy. Presently, student smoking is allowed with parental per­ mission in a designated area Just outside of each school building, before and after school and during lunch hours. Student smoking inside the buildings or on any other school property is banned. Violators are given five days in-school suspension for first violations, five days out-of- school suspension for the second violation#*' and possible ex­ pulsion for third violations. Two board members, Robert Anderson and Steve Cuda, favored banning all student smoking on school premises. Although other board mem­ bers and the school ad­ ministrators recognized the health hazards of smoking, they generally agreed that enforcing a total ban had led to in­ numerable problems in the past. Board President Edward "Ned" Neumann said, "I saw what happened in the past, many students being brought before the board and students being deprived of an education because of the smoking rule." Administrators said con­ frontations between smokers and non-smokers has made many students afraid to use the restrooms. They noted the previous concern over high costs of providing a policing program for a non-smoking rule. Steve Cuda,' who made the motion to ban, said the problems cited by Neumann and the ad­ ministrators occurred 15 years ago. He said that now he believed attitudes had changed. He cited hospitals where no- smoking rules are enforced without any evident disruption. Board Member David Benrud noted, "We cannot use a double standard. If students are rot fallowed to smoke, we must ban all smoking in the buildings, teachers included." Cuda responded, "You don't allow 10-year-olds to drive. Adults should be able to make a choice." Board Member James Tonyan said, "I recall the 'monster' we created when we didn't allow it. It's not a violation of the law with parental approval. You'll see a lot of people come before the board (if the ban is ap­ proved)." Cuda retorted, "No matter how you couch it, by providing smoking areas, you're con­ doning underage smoking." 0 Board Member Barbara Slater noted, "I called the McHenry Police Department. The legal age to purchase cigarettes is 18. Cigarettes may be purchased with a note from a parent or guardian. There is no law against smoking." Anderson add^d, "A high percentage of voters don't want the smoking area." He said he had asked about 25 people and only one approved of the smoking area. Neumann countered, "They (the public) haven't thrown kids out of school. I'm certain the bottom line is kids will be deprived of an education." Board Member Judith Zid said she agreed with Neumann and Benrud, "I can't see expelling students for smoking." The administration em­ phasized that every effort is made to discourage smoking through health education classes and by sending home anti-smoking literature when permission forms are issued. They cited peer pressure and parental approval as factors that encourage the use of tobacco. Asst. Principal Tom Carl noted that 127 students at East Campus and 120 students at West Campus have smoking permits this year. The total enrollment of the two schools is about 1,500 students. Chicago fisherman drowns in Fox River current Agricultural landmark receives recognition Plaindealer news service An afternoon fishing trip turned to tragedy Friday as a Chicago man drowned in the Fox River near Car- pentersville. Joe Montalvo, 23, Chicago, drowned shortly after 4 p.m. when he became rght in strong undertow the eastern bank near Williams Street, just south of Bob Road. 26-ye*r-ol4 George Adorno, Chicago, had waded into the river from the eastern bank in an attempt to catch some ducks on a river island in the vicinity, according > to Car- pentersville Fire Depart­ ment Capt. Steve Zaccard. M o n t a l v o b e g a n screaming ynri thrashing in the current, but could not be I by Adorno, who used all the strength he could muster to get himself out of the 12 to 15-foot deep dropoff and back to shore, Zaccard said. The Carpentersville and Countryside Fire Protection District was alerted when Adorno ran screaming onto William Road and flagged down a passing Carpentersville police car. The department dredged the river bottom for 50 mmum Daore ciinng m both the West Dundee Fire Department and the Algonquin-Lake in the Hills Fire Protection District for assistance. After about three hours, Montalvo's body was discovered near the spot where he went under. "This is an area of the river that we have drownings every year," Zaccard said. [emorial day ritual set in McHenry and Johnsburg Memorial Day will be ob­ served in McHenry and John­ sburg Monday, May 28, in honor of those who lost their lives defending this country. McHenry will mark the oc­ casion with a memorial program in Pearl Street Park at 9:30 a.m. The "National An­ them" will be played by the McHenry High School Band, under the direction of John Leighty and Bill Toalson. The invocation and benediction will be given by the Rev. Herman Graef of Zkra Tiiftgran Church. McHenry Mayor Joseph Stanek will open the ceremony with a welcome speech. The "Lords Prayer" will be sung by Sally Roth. The service will be short and solemn, in keeping with the spirit of Memorial Day and will conclude with the placing of a wreath on the city memorial monument by veteran's organizations post commanders and the ritual of a volley by the rifle squad and the playing of "Taps". A parade will start at about 10 am moving from the park to the Fox River beach, where a wreath will be placed on the water in memory of all who lost their lives at sea. From the beach, the line of march will move to Washington Street and then to St. Patrick Cemetery for another brief ceremony. The marchers will then proceed to Woodland and St. Mary Cemeteries for ceremonies in memory of honored dead veterans. . The marchers will then proceed south on Route 31 to the city park, where they will disband at about 10:45 a.m. Flowers will be placed at the cemeteries by the auxiliary of the Polish Legion of American Veterans Post 188. The rifle squad and color guards will go to Johnsburg after the McHenry ceremonies. Assembly will be at 11:90 a.m., with ceremonies to start im­ mediately at the Johnsburg bridge where a wreath will again be placed in the river in honor of those veterans lest at The line of march will proceed to St. John's Cemetery for further ceremonies, where the invocation will be given by a. priest of St. John's Church. Continued on po§o I A look inside. Fiesta Talent Search Carpentersville Shooting Regular features So I Hear Obituaries Section 2, Page 2 Page 3 Page 4 Page 7 Members of the American Society of Agricultural Engineers, Dave Friederich, left, and Richard Schommer, unveil a plaque commemorating the first tower silo in the United States, at Lyle C. Plaindealer photo by Mary Brnnett Thomas Park and Landing in Spring Grove. The Saturday ceremony was followed by a tour of the Fred Hatch farm, where the original silo's rock and mortar foundation is still visible. By Mary Bennett Plaindealer news service After almost five years of research and subsequent planning by the American Society of Agricultural Engineers (ASAE), Spring Grove was honored for having the distinction of being the site of the hation's (and possibly the world's) first tower silo in a dedication ceremony held at the Lyle C. Thomas Park and Landing in Spi^ng Grove Saturday, May 19. N. The first tower silo in America was erected oft the Fred L. Hatch farm one-half mile east of Spring Grove in August of 1873. Following the dedication ceremony, attended by about 125 people, the ASAE unveiled a 27 by 48 inch bronze plaque in­ scribed with the Hatch story and mounted to a one-third scale replica of the original silo. "Many years of blood, sweat and tears went into it." Richard Schommer, chairman of the Chicago section of the ASAE told the audience. "It's a real pleasure for the (ASAE) to be involved in this dedication." Arnold Skromme, chairman of the historical commemoration committee, told of the im­ portance of Hatch's invention to the American farmer. While Hatch, who worked his farm with his father Lewis, cannot be given the credit for the invention of silage, he does deserve the credit for inventing a structure which made the production and use of silage profitable and practical for the American farmer. Hatch's method, which in­ volved placing the silage in a storage pit located ins'de the barn, had many advantages Continued on pag* 3 Area hospitals excluded from Ames Trust Three hospitals suing to win the $900,000 Ames Trust were denied the money Monday by a McHenry County judge who said Thomas W. Ames clearly meant to exclude them from his will. The ruling clears the way for the Crystal Lake Public Library to receive the trust fund, which was awarded to it in April 1983 but withheld by court order until the lawsuit was resolved. Circuit Court Judge Leonard Brody ruled that Northern Illinois Medical Center (McHenry), Memorial Hospital for McHenry County (Wood- • stock) and Sherman Hospital (Elgin), whidi wanted the funds tor the Crystal Lake Ambutal did not qualify for the trust. Brody said they were not ex­ plicitly named as beneficiaries 4 in the will of Thomas W. Ames, a Crystal Lake fanner who died in 1963. v In making his ruling, Brody said the weeklong trial was an attempt to determine what Ames meant when he stated in his will that the bulk of his estate be used to establtah a hospital in or near the city of Crystal Lake. "Clearly, it had to mean Crystal Lake or the immediate periphery and that alone. When Mr. Ames died, he had to ex­ clude the existing hospital in the cityofMcHenryand the existing hospital in the city of Wood­ stock," Brody said. He added that if Ames had intended his bequest to be ap­ plied beyond the city "environs, he could have named those hospitals, hut he chose not to. There is no ambiguity in the will. It's very explicit." James Zambon, vice president and trust officer at IJome State Bank, said the bank was pleased with the decision, which came nearly a year-and- a-half after the hospitals filed suit against the bank as trustee of the will. "Judge Brody's decision vindicates the position the trustee has taken throughout the lawsuit as to what Thomas W. Ames wanted done with the proceeds of his estate," Zambon said in'a prepared statement. Attorneys for Northern UHnaiM Medical Center and Memorial Hospital argued that the bank had "abandoned their fiduciary obligation" to actively pursue construction of a hospital. Based on the alleged default, plaintiffs asked that the court deviate from the terms of the will and award them the funds. Brody did not address this claim in his ruling and the at­ torney for the bank, Richard Flood, said he never considered the issue significant. "The bank was fighting for the principle that if someone en­ trusts their money to the bank through their will that they can be assured their interests will be carried out," Flood said. At least one settlement offer was made to the library board by the hospitals during the week-long trial. The trial was delayed for one day as litigants negotiated the settlement proposal, the terms of which attorneys have declined to discuss. The library rejected the offer. Hospital officials have 30 days to decide if they will appeal the ruling to the Illinois Appellate Court or ask Brody to reconsider his decision, Flood said. If the hospital authorities do neither. Brody must approve an order allowing distribution of the funds to the Crystal Lake library, he said. The three hospitals, the bank, the city of Crystal Lake on behalf of the library^and the Illinois Attorney General's office were all involved in the dispute over the trust. The trust was established more than 20 years ago with $150,000 and is today worth more than $900,000. A provision of the Ames will was that the money go toward establishing a hospital in or near Crystal Lake. If no hospital was built within 20 years of his death, the will required that the money go toward some other charitable project. When the 20 year limit expired with no entity in complete compliance with the terms of the will the bank awarded the funds to the library. NIMC and Memorial Hospital sued, saying Ames' primary intention was that the money should go toward a hospital. Arguing that state legislation unforeseen by Ames had made such a facility near Cystal Lake impossible, the hospitals asked the court to deviate from the terms of the will and award them the money.