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Volume 112 No. 29 75 Cents Thursday October 21, 2010 P.O. Box 278 •105 W. Main Street • Boise City, Oklahoma 73933-0278 • Cimarron County Phone 580-544-2222 • Fax 580-544-3281 • e-mail [email protected] Visit The Boise City News online at it’s Website at boisecitynews.org Or it’s new Weblog at boisecitynews2.wordpress.com BOISE CITY WEATHER Hi Lo Prec Tues. Oct. 12 71 41 Wed. Oct. 13 64 40 Thur. Oct. 14 79 40 Fri. Oct. 15 84 42 Sat. Oct. 16 81 42 Sun. Oct. 17 80 38 Mon. Oct. 18 66 41 MARKETS Wheat $5.76 Milo $4.66 Corn $5.11 BORN ON OCT. 14 CIMARRON COUNTY JAIL BLOTTER THIS DAY IN HISTORY OCT. 21 Submitted by Galen Smith We give a tip of the hat to: 2137 -BC- 1st recorded to- tal eclipse of the sun China 1520 Magellan entered the strait which bears his name 1553 Volumes of the Tal- mud are burned 1797 US Navy frigate Con- stitution, Old Ironsides, launched in Boston 1879 Thomas Edison per- fects the carbonized cotton filament light bulb 1917 1st Americans to see action on the front lines of WW I 1918 Margaret Owen sets world typing speed record of 170 wpm for 1 min 1948 Facsimile high-speed radio transmission demon- strated (Washington DC) 1960 JFK & Nixon clashed in 4th & final presidential debate (NYC) 1989 Houston becomes 1st major college team to gain 1000 yards in a game 1989 1st black owners (Betram Lee & Peter Bynoe) to own a major sports team, purchasing Denver Nuggets for $65m 1772 Samuel Taylor Coleridge England, poet (Rime of the Ancient Mari- ner) 1833 Alfred Bernhard Nobel Stockholm, created dynamite & Peace Prizes 1917 Dizzy Gillespie trum- peter, a creator of modern jazz 1928 Edward “Whitey” Ford hall of fame pitcher (NY Yankees) 1940 Manfred Mann rocker (The Mighty Quinn) 1942 Elvin Bishop Okla, rocker (Fooled Around & Fell in Love) 1950 Ronald E McNair Lake City SC, astr (STS 41B, 51L-Challenger di- saster) 1956 Carrie Fisher Beverly Hills, actress (Star Wars- Princess Lelia) 1971 Jade Jagger daughter of Mick Jagger 10-16 Stephen Lehman-DUI, op- erating an unsafe vehicle, held on a bond of $1,000. 10-18 Rodney Dee Golay- DUI ATTENTION Felt Booster Club is put- ting on a chili dinner on Fri- day the 22nd starting at 5 p.m. Come and enjoy a great meal and stay to watch the Alumni Games. Games start at 7 p.m. The Boise City Wildcat Girls Cross County Team for win- ning regionals, cinching #1 and going to state, way to go girls. To the Wildcat football team. They started the season young, they’ve grown and they have played with style and courage. Way to go guys, you have class. WILDCAT GIRLS WIN REGIONALS The Wildcat Cross Country Teams traveled to Enid this past weekend to compete in the 2010 Regional Meet. The Lady Wild- cats Won the Meet with a total score of 32 points. Their clos- est competitor having 46. This makes the Lady Wildcats back to back Regional Champions. In a field of 80 runners, all seven of the girls made the top 13. The team of seven consists of Lauren Crews, Yessica Martinez, Baley Gardner, Megan Crews, Shelby Hawkins, Cintia Martinez, and Amber Ottinger with Makenze LADY WILDCATS 2010 REGIONAL CROSS COUNTRY CHAMPIONS By Belinda Gardner Twyman as the alternate. Alex Morales and Trinia Wilson are part of this team, but are not competing. They are still ranked #1 in the State in class 2A, and have an excellent chance of bringing home a State Championship. We had three Wildcat runners Ian Licea, Jake Hitchings, and Steven Segovia. Ian and Jake qualified for State. The State Meet will be Saturday the 23rd in Shawnee, Oklahoma at the Gordon Cooper Vo-Tech. The girls will run at 11:30 and the boys will run at 12:15. FANS GIVE WILDCAT CROSS COUNTRY A SEND OFF By C.F. David According to documents sup- plied to The Boise City News, On Oct. 15, the Oklahoma Court of Civil Appeals has re- versed a lower court’s ruling against the Cimarron River Ranch. Of the three reversals, one is the judgment placed against the ranch by the state’s Commissioner of Land Office. The ruling overturns decisions made in late 2009 and have evolved from an October 2005 school land lease. In the opinion of Judge Jane P. Wiseman she affirmed the trial court’s decision in part, re- versed in part, and remanded for further proceedings. The documents explain that as of the 2005 lease auction, Cimarron Ranch, (CRR), in- formed the Commission of the Land Office, (CLO), that land in question at time was held by the Cimarron Trust Estate, (CTE). The CRR claimed that be- fore the auction they notified the land office that CTE was in vio- lation of lease provisions and asked the CLO to prevent CTE from bidding on the parcel of land. The request was ignored and the trust estate was allowed to bid on additional public lands. This resulted in a heated bidding war whereby the CRR had to pay a lease price at a highly in- flated price. During the first year of the five-year lease cycle the land office began negotiations with owners of private property con- tiguous to the leased property, those owners being CTE, Tecelote Limited Partnership Court of Civil Appeals Reverses Three of Four Counts against Cimarron River Ranch, Including Land Office’s Judgment and the Nye Schumacher Cattle Company. The purpose of those negations was to exchange cer- tain portions of the property leased by CRR for privately owned property. After obtaining an appraisal, the CLO ex- changed the property in the fall of 2007. This exchange created a landlocked parcel within the lease, limited access to water, (a cattle ranching necessity), and reduced the overall acreage of the lease. The CRR objected to the exchange, and claimed it materially and negatively af- fected the rented property. The CLO refused to lower the rent on the lease, so the CRR in- voked a provision to terminate the lease, (if the land had been sold), the CLO insisted the land wasn’t sold and demanded the lease payments. The CRR then filed for a judgment as to its rights under the lease. 1.The CRR asked that the court allow them to terminate due to the CLO’s actions. 2.The CRR asked that the court invalidate the land ex- changes. 3.The CRR made the claim that CTE had entered a sublease agreement with a third party and wasn’t qualified to bid. In answer to this the CLO said that the CRR had waited until just before the auction to raise the issue in an effort to manipulate the auction and to bring a chill to competitive bid- ding. In addition the CLO claims that there was no factual dispute over landlocked parcels and water access in CRR’s agricul- tural lease, and claim that the CRR failed to demonstrate ei- ther charge. The CLO also assert that the CRR failed to establish that it held a right to purchase of the lease. The CLO had sought a sum- mary judgment as to the CRR’s three claims, and on Jan. 22, 2009 the trial court granted all summary judgment motions. Jude Ricks ruled that: Count 1 On the sale of land and ex- change of land, we find the sum- mary judgment in favor of the CLO to be improper. The judge explains her decision was due to the material facts on the sale and land exchange was still in dispute over values of each par- cel of land. Count 2 As to if the CRR had a pref- erence right to buy the land and if the CLO had violated that right. Judge Hicks ruled that: She must reject the argument put up by the CLO, and affirm the trial courts grant of defendant’s (CRR) motions. County 3 As to CLO’s motion for sum- mary judgment, if the CLO vio- lated the “enabling act” by en- tering into land exchanges with private landowners in Cimarron County. Judge Hicks ruled that: We find that the trial court erred in granting summary judg- ment to the CLO as to the CRR’s county one. Affirmed in part, reversed in part and remanded for further proceedings. By C.F. David Mid-year, 2008, the owners of Cimarron County’s No Man’s Land Beef Jerky were trying to plan for the production of a beef stick. The Smith family, siblings, Brad, Britt and Belinda, along with their supportive and in- volved parents, Marv and Dee were enjoying success with their jerky. However they needed to use the trimmings in order to get their efficency up to 98 percent; they needed a beef stick. The Smith’s had land to ex- pand next to their jerky factory. They had done studies they were sure a new product would sell, they had financial backing…what they didn’t have…a labor pool. They looked at options, im- porting documented laborers from outside the country, sev- eral communities offered space and a labor pool if the Smith’s would move, and Oklahoma Panhandle State even consid- ered busing students in need of work. The Smiths decided to wait out the national elections and watch the economy, and the rest as they say is history. Now with the recession two years old, the Smiths have made From left, Belinda Gardner, Dee Smith, Britt and Brad Smith introduce their new jerky stick. the decision to expand their brand with a line of T-Shirts sold at the store and the beef stick, which will be produced in Lockwood, Mo., a city of 900 about 50 miles southwest of Springfield, near Joplin. The stick will be made to the Smith’s specifications by Tho- mas Frickenschmidt at Frickenschmidt Foods LLC, in Lockwood. The Smiths and Frickenschmidts worked sight unseen for several months be- fore the siblings traveled to Mis- souri to meet them. Asked how the two compa- nies happened to meet, Britt ex- plained that they were just put in front of each other. “The same guy that makes our bags makes theirs. He told them about us and how we wanted to make a stick, and he (Thomas Frickenschmidt), called us.” “He had the equipment, and we have the marketing. He is looking at expanding with us,” Britt said. “We were a good fit. Their company is made up of a brother, sister, brother-in-law and par- ents,” Britt said. “There are a lot of things in which they mirrored our family. That makes us comfortable, they are nice people, and we look forward to working with them. No Man’s Land has been experimenting for those two to three years on getting the prod- uct exactly as they liked it; after the third batch, the mix was right. “We sent them our original recipe, and we achieved what we wanted on the third try, “he added. “We have had 4,200 stores waiting to get our jerky, but this plant is running at capacity. We are hoping most of those stores will be willing to take the stick,” Belinda said. “We have ordered 2,054 cases; that’s 49,305 sticks, half hot, half mild, and we are waiting for the UPC codes so we can begin to ship them,” she said. We are going into 850 Affili- ated Foods Stores and 90 plus Toot-N-Totem stores,” Britt ex- plained. “They will sell them in- dividually as an impulse item.” The stick is also being con- sidered by Loaf-N-Jug; if ac- cepted, that means 180 plus stores. If the partnership with Frickenschmidt continues on the expected successful path, the Smith’s are considering produc- ing some of the jerky there so the demand can be met for stores waiting in the wings. The Smiths hope to be pro- ducing 160,000 sticks a week by October of next year. Asked if this production solved their waste trimmings problem, Belinda explained, “We will still be operating at 98 per- cent efficiency, but a month of those trimmings only lasts one day in production.” Britt and Belinda admit they are nervous about the stick’s potential, but also look at the brand recognition as something that might help to get the new product off the ground. Less than a week remains for registered voters in Cimarron County to apply for absentee ballots to be mailed to them for the November 2, 2010 State- wide General Election, County Election Board Secretary Vicki Turner said today. Applications for absentee ballots must be in the hands of the County Election Board no later than 5 p.m. on Wednesday, October 27 to be processed. Any registered voter eligible to vote in the election may vote by absentee ballot without stat- ing a reason, Turner said. Ab- sentee voters may apply in per- son at the County Election Board office or they may send their applications by mail, by fax, or by telegraph. Voters also may apply for absentee ballots for the follow- ing reasons: — Registered voters who are physically incapacitated and Time Ticking on Mailed Ballots voters who care for physically incapacitated persons who can- not be left unattended may ap- ply for absentee ballots only by mail, by fax, or by telegraph. — Registered voters who are confined to nursing homes in the county may apply only by mail, by fax, or by telegraph. — Military personnel, resi- dents of Cimarron County living overseas and the spouses and dependents of each group are entitled to vote without being registered. They may apply only by mail or by fax. For more information on ab- sentee voting, contact the County Election Board at the County Courthouse. The tele- phone number is 580-544-3377. The County Election Board’s fax number is 580-544-3377. Information on absentee vot- ing in Oklahoma also may be found on the Internet at www.elections.state.ok.us. Sample ballots now are avail- able at the Cimarron County Election Board office for voters who want to get a preview of what will be at stake in the State- wide General Election on No- vember 2. Vicki Turner, Secretary of the County Election Board, said that sample ballots can be viewed at the Election Board office, lo- cated at the Courthouse during SAMPLE BALLOTS AVAILABLE regular office hours, 9-3. Sample ballots also will be posted outside every precinct polling place Tuesday so that voters can review them before casting their votes. Ballots that will be issued to voters Tuesday include the fol- lowing: County Ballot State Ballot At right, Cimarron County’s Special bowlers, took their pin shattering talents to Liberal, Kan. No Man’s Land is “Stickin’ ” Around
