Nebraska Supreme Court rules on Keystone XL pipeline

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The Hays Daily News
Friday, Jan. 9, 2015
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Obituaries
John Earl Drake
nounced at a later date;
cremation was chosen.
John Earl Drake, 79, LawSchmitt Funeral Home,
rence, died Wednesday, Jan. Quinter, is in charge of ar7, 2015, at Medicalrangements.
odges Eudora.
Services will
be at 10:30
Preston “Red” Anderson,
a.m. Monday
89, Plainville, died
at Corpus Christi Catholic
Wednesday, Jan. 7,
Church; inurnment will be
2015, in Plainat a later date in Plainville
ville.
Catholic Cemetery.
He was born
A rosary will be at 3 p.m.
Sunday, and a visitation will April 11, 1925, in Beverly to
August and Minnie (Minfollow until 5 p.m. at the
nqueot) Anderson.
church.
He married Geraldine
Warren-McElwain Mortuary, Lawrence, is in charge (Sims) Anderson in 1953. He
was a construction worker.
of arrangements.
He was a U.S. Navy veteran,
serving during World War II.
Survivors include his wife,
Brenda Sue Burkhead, 52, of the home; a son, David
Quinter, formerly of Oakley, Anderson, Colby; two daughdied Sunday, Dec. 28, 2014. ters, Kathryn Mock, Omaha,
Neb., and Patricia Zahn,
Services will be an-
Preston ‘Red’ Anderson
Brenda Sue Burkhead
Paul Schuyler Jennison,
70, Concord, Calif., died
Thursday, Nov. 20, 2014, at his
home.
Services will be at 2 p.m.
Jan. 24 at Ouimet Brothers’
Funeral Chapel, Concord.
Wendelin F. “Wendy”
Stang, 69, Victoria, died
Monday, Jan. 5, 2015, at Via
Christi Village, Hays.
Services will be at 1 p.m.
Saturday at the Basilica of
St. Fidelis, Victoria; burial in
St. Fidelis Cemetery, Victoria,
with military honors by Victoria
Veterans of Foreign Wars Post
No. 1751. Visitation will be
from 10 a.m. to 1 p.m. Saturday at the church.
Ralph L. Stalcup, 86, Great
Bend, formerly of Seward, died
Wednesday, Jan. 7, 2015, at
Locust Grove, La Crosse.
Services will be at 3 p.m. Saturday at First Christian Church,
Great Bend; burial in Great
Bend Cemetery. Visitation will
be until 9 p.m. Friday, with the
family receiving friends from
Ellis; nine grandchildren; and
10 great-grandchidlren.
Services will be at 2
p.m. Saturday at PlumerOverlease Funeral Home,
Plainville; burial in Plainville
Cemetery.
Visitation will be from 10
a.m. until time of service
Saturday at the funeral
home.
Memorials are suggested
to Preston Anderson Memorial Fund in care of the
funeral home.
Condolences can be
sent to the family at www.
plumeroverlease.com.
Joy Anne Edna
(Hamann) Sawyer
Joy Anne Edna (Hamann)
Sawyer, 85, Greeley County,
died Tuesday, Jan. 6, 2015,
at Greeley County Hospital
Additional services
6 to 8 p.m. at Bryant Funeral
Home, Great Bend.
Thecla “Tex” (Graf) Hammersmith, 94, Ellinwood, died
Tuesday, Jan. 6, 2015.
Services will be at 10 a.m.
Saturday at St. Joseph Catholic Church, Ellinwood; burial
in Lakin-Comanche District
Cemetery, Ellinwood. Visitation
will be until 6 p.m. Friday at
Minnis Chapel, Ellinwood.
Quinton D. Bredemeier, 27,
Plainville, died Wednesday,
brothers, Don Denniston,
Vassar, and Dale Denniston,
Lyndon; two sisters, Agatha
Bremer and Joyce Wade,
both of Oxford; and numerous grandchildren.
He was preceded in death
by a son, Loren; an infant
son, Ivan; and four daughters, Sylvia, Karen, Rosa
and Lydia.
Percy Denniston, 94,
Services will be at 2
Plainville, died Thurs- p.m. Monday at Plumerday, Jan. 8, 2015,
Overlease Funeral Home,
in Hays.
Plainville; burial in Plainville
He was
Cemetery.
born Sept. 2,
Visitation will be from 11
1920, in Colorado to Arthur a.m. until time of service
Andrew and Minnie (Brown) Monday at the funeral
Denniston.
home.
He married Ruby
Memorials are suggested
(Bullock) Denniston. She
to Percy Denniston Memopreceded him in death. He
rial Fund in care of the
did auto body work. He was funeral home.
a U.S. Army veteran, serving
Condolences can be
during World War II.
sent to the family at www.
Survivors include two
plumeroverlease.com.
Long Term Care, Tribune.
Services will be at 1 p.m.
Mountain time Saturday at
Tribune United Methodist
Church.
Koons Funeral Home,
Goodland, is in charge of
arrangements.
Percy Denniston
Dec. 31, 2014, in Plainville.
Services will be at 11 a.m.
Saturday at United Methodist
Church, Plainville; private family inurnment will be at a later
date. Visitation will be until 8
p.m. Friday, with family receiving friends from 6 to 8 p.m.
at Plumer-Overlease Funeral
Home, Plainville.
Clyde J. “Red” Blair, 88,
Oakley, died Tuesday, Jan. 6,
2015, at his home.
Services will be at 10:30
a.m. Saturday at St. Joseph
Church, Oakley; burial in St.
Joseph Cemetery with military
honors. Visitation will be from
4 to 8 p.m. Friday at KennedyKoster Funeral Home, Oakley.
A vigil will be at 6:30 p.m.
Friday at the funeral home.
Obituary policy
The Hays Daily News will
publish an obituary free for
people with direct ties to the
area. More information can be
added for additional charges.
Contact us at (800) 657-6017.
Nebraska Supreme Court rules on Keystone XL pipeline
By Maria L. La Ganga
Tribune News Service
without review by a state agency.
A 2012 law allows Heineman
The Nebraska Supreme Court
to bypass the state Public Service
today removed a serious hurdle to
Commission and give the $5.3 billion
construction of the controversial Key- project the go-ahead. In Februstone XL pipeline, ruling Republican ary, a lower court declared that law
Gov. Dave Heineman has the author- unconstitutional and left the troubled
ity to approve the project’s route
pipeline with no approved route
court,
to Steele City, Neb. From there, it
would tie into a southern leg, already
in operation, which would transport
the oil to the Gulf Coast.
“In a split decision, Supreme
Court is allowing LB1161 to
stand,” Jane Kleeb, founder of Bold
Nebraska, an anti-pipeline group,
tweeted early today. “4 of the justices
ruled w/ landowners, but we needed
5. Its up to Obama.”
“Because there are not five judges
of this court ruling on the constitutionality of L.B. 1161, the legislation
must stand by default,” the decision
said.
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The nine Supreme Court
justices will have five appeals
before them when they meet
privately in their woodpaneled conference room on
the court’s second floor. An
immediate decision to take
up one or more of those cases
would probably mean arguments in April and a ruling
by late June. The justices also
could delay review until their
next nine-month term starts
in October.
A Supreme Court decision
legalizing gay marriage would
be a watershed moment for a
movement that as recently as
1996 had support from only
27 percent of the American
public, according to a Gallup
poll. The latest Gallup survey
on the subject, conducted in
May, showed 55 percent supporting gay marriage and 42
percent opposing.
Gay-marriage supporters
have reason for confidence
even in a court that has
conservative leanings on other
social issues, including affirmative action and abortion.
The likely swing vote, Justice
Anthony Kennedy, has been a
champion for gay rights, writing the court’s 2003 decision
that said states can’t criminalize gay sex acts. Kennedy
also wrote the 2013 decision
striking down the core of the
U.S. Defense of Marriage Act,
which denied federal benefits
to same-sex spouses.
free,
through Nebraska.
The action today struck down the
lower court’s ruling and cleared the
way for the Obama administration
to decide whether to grant final approval for the project.
The proposed pipeline would
transport oil from Alberta, Canada,
The latter decision, United
States v. Windsor, is now the
central precedent for supporters of marriage rights. In
it, Kennedy said the Constitution protects same-sex
couples’ “moral and sexual
choices,” and he rejected
many of the justifications for
treating them differently from
heterosexuals.
Opponents of gay marriage point to other parts
of Kennedy’s opinion that
emphasize the traditional role
of states in defining marriage.
“The court should uphold
the freedom of Americans to
affirm marriage as the union
of a man and a woman,” said
Jim Campbell, an attorney
with the Scottsdale, Ariz.based Alliance Defending
Freedom, which has fought
against same-sex unions in
four states.
So far, Kennedy and
his colleagues have moved
incrementally. When the
justices had a chance to rule
on gay marriage in a separate
2013 case, Kennedy used the
argument session to question
whether the court should have
agreed to hear the California
dispute. The court eventually
issued a procedural ruling that
let marriages in that state go
forward.
In October, the court
spurned calls from both sides
for a hearing. Weeks later another member of the Windsor
majority, Justice Ruth Bader
Ginsburg, said there was “no
crying need” for Supreme
Court review as long as
federal appeals courts were in
accord.
At the time, every federal
appeals court to have ruled
had backed marriage rights.
That changed in November
when a Cincinnati-based
court ruled 2-1 the Constitution lets states restrict marriage to male-female relationships. Same-sex couples in
Michigan, Kentucky, Tennessee and Ohio have filed separate appeals of that ruling.
The Michigan case might
be the best candidate for
Supreme Court review.
Unlike the Tennessee and
Ohio cases, the Michigan
appeal directly challenges the
state’s ban. And in contrast
to Kentucky, where Attorney
General Jack Conway is no
longer resisting same-sex marriage, Michigan officials have
mounted a full-scale defense
of their prohibition.
“Marriage is an issue left
to voters at the state level,”
Michigan Gov. Richard
Snyder and Attorney General
Bill Schuette argued in court
papers.
The challengers in the
Michigan case are April DeBoer and Jayne Rowse, nurses
who have adopted three
children, including two with
special needs.
for working-class and middleclass families and changed
the student loan system to cut
out subsidies to banks providing college loans.
For those who want to
attend a two-year college,
the costs are not nearly as
daunting as a four-year
university.
This school year, for example, the average published
tuition and fee prices for
in-state students at public
four-year institutions range
from $4,646 in Wyoming and
$6,138 in Alaska to $14,419
in Vermont and $14,712 in
New Hampshire, according
to the College Board.
The comparable community colleges are $2,719
in Wyoming and $4,064 in
Alaska to $7,320 in Vermont
and $6,500 in New Hampshire.
White House policy staffers said the prospect of full
coverage would make a significant difference during the
course of a four-year education for those who decided to
spend the first two years at a
community college.
The effect on students’
ambition would be another
benefit, Miller said.
“There’s a clarity of
message that would be good
for students,” he said. “We
see right now that so many
students and families really
don’t have a great sense of
how much college is going
to cost. They dramatically
overestimate.
“If you think in sixth
grade, ‘I don’t have any hope
of going to college,’ that’s
discouraging,” he said. “You
may conclude there’s no
point in trying.”
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“Anything involving more
money to pay for things is
going to be difficult in this
Congress,” said Ben Miller,
a senior education policy
analyst at the New America
Foundation. “Increasing
investments in higher education are just hard to find.”
Still, Munoz noted, Tennessee’s program is already
in place in a state with a
Republican governor.
“This is a proposal with
bipartisan appeal,” she said.
So far, Obama’s efforts
to reduce the cost of college
have been meager. He has
tried to tie financial aid to
college performance and
urged states to take performance into consideration
when distributing funds to
their public colleges. He has
also raised by $1,000 the
maximum Pell Grant award
“The bans deny children in
same-sex couple families the
dignity, status, stability and
security enjoyed by the children of married opposite-sex
couple parents,” they argued
in their appeal.
Esseks, the ACLU lawyer,
says any of the appeals would
offer the chance of a ruling
that marriage advocates have
long sought.
“They all have great
plaintiffs leading the cases,”
he said. “They all have good
lawyers. Any one of the cases
would give the court the ability to address all the issues
it needs to address in order
to get us to a uniform rule
nationwide.”
While the justices are conferring, a three-judge panel
in New Orleans will be asked
to reconcile divergent rulings
that arose last year from U.S.
courts in Texas, Louisiana
and Mississippi.
Gay-marriage proponents
won orders blocking bans
PUBLIC
NOTICES
As taxpayers and citizens, we have
a right to know about decisions and
activities of our government.
Public notices are legally required
publications of certain important
government records and of court
proceedings and notifications.
To view these notices online go to
www.hdnews.net/notices/
(First published in The Hays Daily
News, Friday, January 9, 2015)
IN THE DISTRICT COURT OF
ELLIS COUNTY, KANSAS
In the Matter of the Estate of
HERBERT
C.
HOOVER,
Deceased
Case No. 15-PR-2
NOTICE OF HEARING
THE STATE OF KANSAS TO ALL
PERSONS CONCERNED:
You are hereby notified that a
Petition has been filed in this Court
by Sue Ihde, daughter of Herbert
C. Hoover, deceased, praying:
Descent be determined of the
following described real estate:
East Twenty feet (E 20’) of Lot
Eight (8), and all of Lots Ten
(10) and Twelve (12), Block
Six (6), Fairview Addition to
the Town of Hays City, now
the City of Hays, Ellis County,
Kansas, postal address 210
E. 19th Street, Hays, Kansas.
and all personal property and
other Kansas real estate owned
by decedent at the time of his
death. And that such property and
other Kansas real estate owned by
the decedent at the time of death
be assigned pursuant to the laws
of intestate succession.
You are required to file your
written defenses thereto on or
before February 5, 2015, at 1:15
o’clock p.m. in the city of Hays,
Ellis County, Kansas, at which time
and place the cause will be heard.
Should you fail therein, judgment
and decree will be entered in due
course upon the Petition.
/s/Sue Ihde
(Last published in The Hays Daily
News Friday, January 23, 2015.)
in Texas and Mississippi.
Enforcement of each of those
decisions — the former issued
in February, the latter in November — was delayed pending the outcome of appeals.
In September, New Orleans
Judge Martin L.C. Feldman
upheld Louisiana’s prohibition.
Feldman said the traditional definition of marriage
as a heterosexual union “has
endured in history for thousands of years.”
His decision is being challenged on appeal by seven gay
couples, some seeking permission to wed in Louisiana and
others asking for recognition
of their out-of-state marriages.
In an unusual twist, the
Louisiana case will also be
before the Supreme Court at
its private conference. The
suing couples are asking the
justices to take the rare step of
bypassing the appeals court
stage.
PUBLIC NOTICES
As taxpayers and citizens, we have a right to know about decisions
and activities of our government. Public notices are legally required
publications of certain important government records and of court
proceedings and notifications.
To view these notices online go to www.hdnews.net/notices/
(First published in The Hays Daily
News Friday, January 9, 2015.)
NOTICE TO CONRACTORS
OFFICE OF CITY CLERK
HAYS, KANSAS
January 5, 2015
Sealed bids, subject to the
conditions contained herein, will
be received by the City of Hays,
Kansas, at the office of the City
Clerk, City Hall, until 3:00 P.M.,
Prevailing Time, January 28, 2015
for the construction of the 13th
Street Improvements, Main to
Milner, COH Project No. 2013-22.
This project consists of paving,
drainage, and water improvements
in the City of Hays, Kansas.
At said time and place, and
promptly thereafter, all Proposals
that have been duly received
will be publicly opened and read
aloud.
Each bid shall be accompanied by
a cashier’s check, a certified check
or bid bond, payable to the City of
Hays, Kansas, in an amount not
less than (5%) of the total amount
of the bid.
Each bidder to whom a contract is
awarded will be required to furnish
a Contract Bond and Payment
Bond executed on the specific
forms and acceptable to the City of
Hays, Kansas, each in the amount
of one hundred percent (100%) of
the total amount Bid.
Contract Documents are on file
and may be examined at the
Public Works Department , 1002
Vine Street, Hays, KS 67601
(PH# 785-628-7350), at Kansas
Construction News-Plan Room,
230 S. Laura, Wichita, KS 67211,
and at Professional Engineering
Consultants, P.A., 303 S. Topeka,
KS 67202.
To obtain an electric pdf set of
contract documents or view a list
of plan holders, please visit the
consulting engineer’s website
at www.pec1.com and select
“plan room”. For questions on
obtaining contract documents,
please contact the Administrative
Assistant at 316-262-2691. For
other project information, please
contact the Engineer.
All prospective bidders are invited
to attend a pre-bid meeting, which
will be held on January 14, 2015,
at 3:30 P.M. at the Public Works
Conference Room, 1002 Vine St.,
Hays, Kansas.
City of Hays reserves the right
to reject or accept any and
all bids/proposals, to waive
any irregularities in such bids/
proposals, and to accept such
bids/proposals that are most
responsive and best suits the City
of Hays.
No bid shall be written for a period
of 45 (forty-five) days subsequent
to the opening of bids without
the written consent of the City of
Hays, Kansas.
CITY OF HAYS, KANSAS
/s/ Brenda Kitchen
City Clerk
1-6-15
Date
(First published in The Hays Daily
News on January 9, 2015)
IN THE DISTRICT COURT
OF DICKENSON COUNTY,
KANSAS
IN THE INTEREST OF
C.D.J., Juvenile
DOB: _ - _ - 2001
A FEMALE UNDER 18 YEARS
OF AGE.
CASE NO. 14JC09
NOTICE OF HEARING
(Pursuant to K.S.A. 38-2267)
TO: David Jendro, natural father
of C.D.J., female child born
April 16, 2001.
And all other persons who
are or may be concerned:
A petition/motion to find the
natural father unfit and to terminate
his parental rights to the abovedescribed child has been filed and
a hearing set before this Court at
11:00 o’clock a.m. on the 17th
day of February, 2015, at Abilene,
Kansas. If, after a child has been
adjudged to be a child in need of
care, the Court may make and
order permanently terminating the
parent’s parental rights. If parental
rights are terminated, the Court
will consider various placement
alternatives. You are required to
appear or prior to that time file
your written request with the Clerk
of the District Court if you wish to
be considered for placement of
the child or to express your views
regarding appropriate placement
of the child.
Mitchell B. Christians, an
attorney, has been appointed
as guardian ad litem for the
child. Each parent or other legal
custodian of the child has the right
to appear and be heard personally
either with or without an attorney.
The court will appoint an attorney
for a parent who is financially
unable to hire one.
Clerk of the District Court
By: /s/ Kari Payne,
Deputy
(Last published in The Hays Daily
News on January 16, 2015)