Iola Gary Leon Ansell, 75, Devine, Texas, died Saturday, Sept. 20, 2014.
He was born on Aug. 1, 1939, in Iola, the son of Virgil and Lois Ansell. He served in the Air Force for 20 years before becoming a minister.
His memorial service was at the Devine Christian Church Sunday. Gary was buried in the DFW National Memorial Cemetery with full military honors.
Carla Bohland
Carla Jean (Hasenaur) Bohland, 59, of Moran, passed away on Saturday, Sept. 20, 2014, at her home.
She was born Nov. 12, 1954, in Toledo, Ohio. On Jan. 6, 2006, she was united in marriage to Ronald Bohland in Iola.
Private family services will be held at a later date.
Letter to the editor — September 24, 2014
Dear editor,
This past weekend the 33rd annual Sunbelt Rodeo took place at Parsons State Hospital indoor rodeo arena. It was attended by 11 participants, two coaches, and three volunteers from this area.
The Sunbelt Rodeo is a special rodeo that is adapted to people with special needs. It has four levels of events to suit the needs of participants. It is attended by cowboys and cowgirls from Kansas, Missouri, Oklahoma and Texas. For several years Canada sent teams until it developed a rodeo of the same type.
The rodeo is each September.
It is a pleasure to see young people from basketball teams, volleyball teams, soccer teams, 4-H, etc., working as volunteers.
If this sounds like something you would enjoy watching, participating in or volunteering for, contact Sheila Ramsey at the Parsons State Hospital, 620-421-6500, or visit the website at pshendowment.org for information.
I also want to mention the beautiful, well-behaved horses — and a mule one year — that make it possible to have this rodeo. They are a delight to watch.
Beth Griffeth,
Iola, Kan.
Wesley Williams Jr.
Wesley Martin Williams, Jr., 81, rural Le Roy, died Saturday, Sept. 20, 2014, in Burlington.
Graveside memorial services will be at 10 a.m. Saturday at Logan Cemetery, east of Burlington. The family will receive friends from 6 to 7 p.m. Friday at Jones Funeral Home in Burlington.
Memorial contributions to “Hand-in-Hand Hospice” may be sent in care of the funeral home, at P.O. Box 277, Burlington, KS 6689.
Online condolences and more information are at www.jonescampbellfuneralhome.com.
Letter to the editor — September 23, 2014
Dear editor,
It is ironical, and sad, that the upcoming Friday and Saturday celebration (September 26 and 27) of the 50th anniversary of the Bowlus Fine Arts and Cultural Center will be occurring at the same time that the Center is looking into its own open grave.
The Iola Register of Sept. 3 reported the details of the public forum held by the Board of Education of USD 257 about the proposed bond issue to build new elementary and high schools. This proposal will be on the November 4 ballot. The Register reported as follows: “[Superintendent of Schools Jack] Koehn also spoke about the district’s plans for the Bowlus Fine Arts Center if the bond issue passes. The high school would utilize the Bowlus for career and technical programs, rather than fine arts classes.”
The beneficiaries of the “Fine Arts and Cultural Center” established by Tom Bowlus through his will are the local school children and the citizens of the Iola area. Under the terms of Tom Bowlus’ will, the education of our local youth “… should include an appreciation of things artistic, musical and cultural, as well as things academic and scientific. It is to that end and for such purposes that I dedicate the aforedescribed premises.”
The Center was erected between 1962-1964 and was constructed to comply with the terms of the Bowlus will. As such, the Center includes an education wing for fine arts classes: vocal and instrumental music, speech, drama, and art. Iola High School and Iola Junior High School (later Iola Middle School) students used the education wing fully for 40 years. Until 2005 there was never any question as to whether the Board of Education of USD 257, which is also Trustee of the Thomas H. Bowlus Trust, was using the premises fully and in conformance with the terms of the Bowlus will, which it is legally bound as Trustee to implement.
In the year of 2005 the Board began the process of removing various of the Iola Middle School fine arts classes from the Bowlus Center so that, as of several years ago, none remained there, and the classrooms have been used only for the Senior High School fine arts classes: vocal and instrumental music, speech, drama, and art.
This reduction in the number of fine arts classes has raised the question of whether the Board as Trustee has violated the terms of the will. Now, with the planned withdrawal of the remaining fine arts classes, the Trustee arguably has breached the terms of the will. The District Court of Allen County, Kansas, has continuing jurisdiction over the Bowlus Trust and the Trustee. There are two documents which govern the operation of the Center: Tom Bowlus’ will and the Court’s Memorandum Decision of October 4, 1966. In its Memorandum Decision the District Court stated: “… the ‘Fine Arts and Cultural Center’ may and should be used to a major degree for the teaching of fine arts subjects to, and demonstration of the performing arts by, the youth of the community … .” (emphasis added)
The planned non-conforming use of the premises for career and technical programs, or for any other classes which are not truly fine arts subjects as required by Mr. Bowlus, likely will result in forfeiture of the Bowlus Center by the Board of Education as Trustee of the Bowlus Trust. To ensure that the Center is used solely for the education of the children in the fine arts and for cultural purposes, Tom Bowlus provided in his will that “… in the event any other use is made of such premises then and in that event the TRUST, insofar as SCHOOL DISTRICT NO. 10 [now USD 257] is concerned shall fail …” and the trust assets, including the building itself, will pass to the alternate beneficiaries under Mr. Bowlus’ will.
Although the District Court of Allen County, Kansas, has not yet had occasion to construe the will as to which assets will be received by each of the alternate beneficiaries, likely the real estate, including the Bowlus Center, and $50,000 will pass to the City of Iola, and the contents of the Center and the balance of the trust fund of approximately three quarters of a million dollars will pass to the University of Kansas Endowment Association.
In the event that the District Court determines that the trust assets pass to the alternate beneficiaries because of the Trustee’s actions, the District Court will also be the one to determine what personal liability, if any, there may be of the members of the Trustee to the several thousand present and future trust beneficiaries (the school children and the citizens of the Iola area) if they lose the Bowlus Center as a result of the Trustee’s breach of its fiduciary duty to uphold the terms of Tom Bowlus’ will.
The Board of Education as Trustee apparently has absolute confidence that the career and technical programs to be held in the Bowlus Center constitute “fine arts subjects” in compliance with the terms of the Bowlus will and of the District Court’s Memorandum Decision discussed previously. Before embarking on this perilous course which, if the Trustee is wrong, could result in forfeiture of all of the trust assets, including the Bowlus Center, the Trustee presumably obtained a written legal opinion which is ironclad in support of this position.
As a citizen of the Iola area and hence one of the beneficiaries of the Bowlus Trust, I call upon the Trustee to post by no later than this Friday, September 26, on its website the complete text of this legal opinion. I have reviewed on the district’s website the list of the new classes that will be placed in the Bowlus Center, and this legal opinion presumably has analyzed each class to determine if it complies with the requirements of the will and the Memorandum Decision. TRANSPARENCY by the Board of Education as Trustee to the trust beneficiaries on this essential issue of the possible demise of the Bowlus Center demands that the Trustee fully disclose this legal opinion.
Even then, of course, it is only an attorney’s opinion, and in the end the only opinion that matters is that of the District Court at such time as it should have occasion to rule on this. Most of us would not risk the loss of all of our personal assets on the as yet unmade ruling of a court. I am appalled as a beneficiary of the Bowlus Trust that the Trustee has decided to gamble on the possible loss of all of the trust assets of which I and several thousand other people are the beneficiaries.
It is a community tragedy that the very existence of the Bowlus Fine Arts and Cultural Center has needlessly been put in jeopardy. If you value the Bowlus Center, then vote NO on the school bond issue on November 4. Since the Iola sales tax issue is linked to the bond issue and has to pass also for the new schools project to proceed, Iola voters should also vote NO on the sales tax issue.
Clyde Toland,
Iola, Kan.
IMS eighth grade A-Team volleyball wins
Iola Middle School’s eighth grade volleyball teams hosted Parsons Monday afternoon.
The A-Team won 25-23 and 27-25.
“Piper Moore made some smart plays at the net and had eight kills,” coach Terri Carlin said. “She also had an ace serve and an assist.”
Mia Aronson had an ace, assist and kill. Kendra Sprague had two aces and two kills. Madisyn Holloway had two aces. Shaylee Sutterby had three aces. Paige Burrough served the final point of the game and had an ace. Kassy Shelby had great passes off or Parsons’ spikes.
“The girls really fought hard to win this one,” coach Carlin said. “This was a great match between two pretty solid and scrappy teams. There were some great rallies on both sides.”
Iola started down 5-0 in the second set and at one time was behind 9-3. Sutterby then had six straight points. Iola led 19-12, but Parsons rallied for seven straight points to tie the set.
“It went back and forth until the end,” Carlin said. “This was a fun match, and it was great to walk away with the win.”
The B-Team lost its match 14-25 and 24-26.
Macie Martin had two aces. Shelby and Charvelle Perterson had four kills each.
“We weren’t quite focused and ready in the first set,” Carlin said. “The girls came out more ready in the second set. It was close at the end, but we just couldn’t quite get ahead.”
B-Team coach Kendra Goddard was pleased with the play from Martin, who had several great passes that allowed Iola to setup the ball.
Jean Reynard
Iolan Jean (Cumbie) Reynard, 75, formerly of Toronto, died Friday, Sept. 19, 2014, at Overland Park Regional Medical Center.
Graveside services will be at noon Tuesday at the Toronto Cemetery. Waugh-Yokum & Friskel Memorial Chapel of Iola is in charge of arrangements.
To sign the guestbook online or leave a condolence, go to www.iolafuneral.com.
Letters to the editor 9-20
Dear editor,
If you vote yes on Nov. 4, 2014, in favor of the new schools the following will happen —
Your sales tax will increase one-half percent. This increase would apply, to name a few, groceries, labor, cell phones, land lines and utilities — just about everything. This is just sales tax. You also will have an increase on your real estate taxes. This increase will be based on your assessed valuation, and the current levy of your property is subject to change to any time. Are you prepared for the increase? Think!
There is a Homestead Relief ACT, but there are certain requirements you must meet before you can be eligible for this relief. If you do qualify, what will the dollar amount be to you? Will it be enough to take up the slack?
The expense to you as a taxpayer and resident of Allen County will be there for a LONG TIME!
Now, consider what will happen to the commercial property owners. They will also have this increase to their liabilities, only higher. Your industries are NOT COMMITTED to remain in Iola. THINK! What will happen to Iola if the industrial companies leave this town due to increase in SALES TAX and REAL ESTATE TAXES? We already know, don’t we. THINK!
A new school would be WONDERFUL and I am sure we need to do something, but what will that be? THINK! Can you afford this debt financially?
Has the State of Kansas committed to this 51 percent support in writing for the cost of building new schools? What will happen if they DO NOT? If the state does not give their financial help, you will be responsible for the entire cost of this debt. THINK!
Yes, I know we have a very serious problem, that it will not GO AWAY. The alternative is to renovate the current schools. We must give this very careful consideration. A renovation to the schools may be the least expensive and by far a better way. Let’s get some figures on paper for the cost of this also.
PLEASE BE SURE TO VOTE ON NOV. 4, 2014, EITHER WAY, YES OR NO!
Virginia Warren,
Iola, Kan.
(Editor’s note: The state is legally bound to provide the 51 percent matching funds for school construction or renovations. While there has been speculation locally for years the matching state aid will be removed, such a measure would only affect projects approved after the funding is removed. Approving the project in November would lock in the state’s obligation for the duration of the bond retirement.)
Dear editor,
Is there anyone that believes a new building actually increases the ability to learn? That scenario defies not only logic, but history as well. If that were true then we would have a new capitol building in Topeka — rather than the old one that took 10 years to rebuild. If a new building has any benefit then Kansas State would have tore down their football stadium and Kansas University would tear down Allen Fieldhouse so the Jayhawks could play better basketball.
If a new track and football field made a difference, then why isn’t Iola the best in these activities? If a new building and added facilities improve things, then why am I constantly receiving notices that our new water plant is out of compliance with the state standards it was built for? I don’t remember getting many notices with the old facility — which is still standing.
If a new building affects people’s ability to learn then why do Harvard, Princeton, Rutgers, Columbia, Brown, Dartmouth universities — all established between 1636 and 1769 A.D. all still have some of their oldest buildings in use for, college level, educations. If a new building had positive learning abilities then why is it that the home-schooled children consistently outscore the public education children of the same age and ethnicity in Kansas.
The logic of new is mostly derived from an old axiom that — New is Better; but, that does not hold true as in the case of the new Allen County Courthouse and hospital, Edsel, Sony Betamax, New Coke, the Millennium Dome, USFL, etc., etc. Where are the “studies” that show improved, long-term benefits directly demonstrated by students being taught, by the same teachers, and the only change was new facilities — not new equipment — just the four walls around them?
We the people are being told that $50,000,000 will solve all the administrators, educators, and maintenance peoples problems. That is exactly the government solution to all problems — throw more money at it and maybe it will solve something — maybe.
The Class of 1964 — I am a member — just celebrated our 50th anniversary of graduating from IHS. Well, without air conditioning, elevators, nurses stations, paras, the Bowlus, pretty assembly areas we managed to produce several millionaires, doctors of medicine and the arts, nurses, government officials, lawyers, bankers and just about every kind of person required to preserve, administer to, protect, and defend these United States of America. This and many more “like” classes were taught by educators that dressed, acted as professionals and reflected that atmosphere by their actions — not the building they taught in.
With respect,
Larry H. Walden,
Iola, Kan.
Andrew Toland and Anna Jackson
Anna Katharine Jackson, Powell, Wyo., and Andrew John Toland, Powell, Wyo., joined in marriage at 4 p.m. on June 28, 2014 in a meadow at Mooncrest Ranch in Cody, Wyo. The wedding was officiated by the Rev. Elizabeth T. Smith, sister of the groom.
Anna is the daughter of Ed and Jane Jackson, Glover, Vt., and the granddaughter of Roberta Jackson, Denver, N.C., the late Edward Jackson and the late John and Anna Leslie.
Andrew is the son of Clyde and Nancy Toland, Iola, and the grandson of the late Stanley and June Toland, Iola, and the late John and Ellen Hummel, Doylestown, Pa.
Anna was attended by her maid of honor Lindsey Meehan, Powell, Wyo., and her bridesmaids Rebekah Willey, Putney, Vt., and Danielle Masterson, Cody, Wyo. Her flowergirl was Caroline Toland, Iola, niece of the groom.
Andrew was attended by his best man and brother, David Toland, Iola, and his groomsmen Bartlett Smith, Roanoke, Va., brother-in-law of the groom, and Judson Kipp, Conifer, Colo. His ringbearer was William Toland, Iola, nephew of the groom.
The couple spent their honeymoon in Red Lodge, Mont.
Anna received her registered nursing degree from Northwest College, Powell, Wyo., in 2012. Anna works at West Park Hospital in Cody, Wyo.
Andrew received his bachelor of arts degree from the University of Kansas in 2002. Currently he is a Division Trainmaster for BNSF Railway in Greybull and Cody, Wyo.
Litigation preceded completion of Bowlus Fine Arts Center
(Editor’s note: The following, written by Iolan attorney and local historian Clyde Toland, provides details of the successful litigation that resulted in completion of the Bowlus Fine Arts and Cultural Center as directed in the will of Thomas H. Bowlus.)
In April of 1961 the Board of Education of School District No. 10 (now USD 257) made its written acceptance of the funds and property devised in trust by Thomas H. Bowlus to the school district for the construction of the Fine Arts and Cultural Center. Under the terms of his testamentary gift, the beneficiaries were the school district, the school children, and the citizens of the Iola area.
Mr. Bowlus provided in his will that the plans for this project must be approved by both the Board of Education and Allen County State Bank as Trustee of the Bowlus estate. After more than a year of study and planning — in August 1962 — both parties approved the architect’s plans as meeting the requirements of the will and the needs of the school district in educating its youth in the fine arts.
The Trustee had never disclosed the value of the estate to the Board, advising only that it had budgeted $600,000 to $650,000 for this project. Construction bids were taken on Sept. 27, 1962. Low bids totaled $982,981.
Mr. Bowlus had provided that construction must begin no later than two years after his death or else the Board would forfeit this gift. With this deadline of Dec. 17, 1962, looming and with the Trustee taking no action to accept the low bids, the Board of Education filed suit on Oct. 25, 1962, invoking the equity powers and jurisdiction of the local court for the protection of the beneficiaries.
A few days later, on Nov. 5, 1962, the Trustee signed construction contracts totaling $863,031, a reduction of $119,950 from the lowest bids. The next day, pursuant to the Board’s demand made in court, the Trustee filed its accounting showing the current value of the funds and property that it held in trust for the school district to be $1,329,399.81, a figure well in excess of the lowest construction bids of $982,981.
In signing contracts for the lower figure of $863,031, the Trustee claimed a center that “will efficiently and effectively serve its intended purposes can be built for $863,031 without any change in plan.”
On Nov. 19, 1962, the Board sent the Trustee a detailed letter noting that the reduction in bids by $119,950 was not required by a want of funds in view of the approximate $1,329,000 available to pay both the construction and equipping costs. In fact, after payment of these costs, there still would be a balance of more than $200,000.
In its letter the Board said “it is incredible and appalling what you have done to the artistic appeal and functional use of the Fine Arts and Cultural Center in this unnecessary reduction by you of construction costs.” The Board then proceeded to list as illustrations seven major areas of reduction. An example of these seven areas of omissions included the elimination of practically all interior work and finish work in the classrooms, restrooms, halls and closets on both the first and second floors of the education wing. The omitted work consisted of numerous doors, all painting, all resilient flooring and base, all acoustical treatment on walls and ceilings, all metal toilet partitions and mirrors in two restrooms, all wood risers and framing in both the vocal rehearsal room and band room, etc.
The Board further noted that its required approval under the terms of the Will had not been given to these changes made by the Trustee.
On Nov. 3, 1962, after having been sued only a few days before by the Board of Education, the Trustee had published in The Iola Register a lengthy letter addressed “To the Citizens of School District No. 10, Allen County, Kansas.” This letter was signed by the Allen County State Bank Board of Directors: Tom Bowlus’ brother, G. R. Bowlus; his nephew, G. R. Bowlus, Jr.; his sister-in-law, Kathryn S. Bowlus; his nephew, Burton Bowlus; and the bank’s trust officer, George H. Mack. Their attorney was Howard M. “Tony” Immel, the scrivener of Thomas H. Bowlus’ will.
In this letter the Trustee announced the acceptance of the reduced bids of $863,031 with the assurance that the contractors would start work immediately, thus meeting the two-year deadline. This did occur. The Trustee further claimed in its letter that Mr. Bowlus intended that there be sufficient funds left so that there would be a maintenance fund for the center for 15 years, and thus there would be no tax burden on the school district for that time period. The Trustee claimed that “Tom Bowlus” did not want the community “to be burdened in any way by his gift.”
In its letter of Nov. 19, 1962, to the Trustee, the Board pointed out Mr. Bowlus in his Will actually provided as follows: “Upon completion of the Fine Arts and Cultural Center and the equipping thereof, the residue, IF ANY REMAINING,” shall be held in trust for 15 years for maintenance as provided in his will. Thus, should the construction and equipping of the center take all of the estate, the Trustee had no obligation to provide maintenance. The accounting of the estate value showed that the estate had ample value for both the construction of the center based on the jointly approved plans and for its equipping even if the lowest construction bids of $982,981 were accepted. There would actually still be funds left over for a maintenance fund. Thus, the Board reiterated its position taken in its petition filed with the court that the Trustee accept the lowest construction bids.
Two days later on Nov. 21, 1962, the Board of Education published in The Iola Register “A Report to the Citizens of School District No. 10 and Others Concerned.” The bulk of this report consisted of the verbatim text of the Board’s letter of Nov. 19, 1962, to the Trustee discussed above. That letter had been signed by all members of the Board of Education: Klein Boyd, president; Raymond D. Smith, vice president; Henry L. Bumgardner, O. D.; L. D. Robinson, M. D.; Eugene C. Walton; and Richard C. Cook. Their attorney was Stanley E. Toland. The board members personally paid for the publication cost of the report to citizens.
The underlying issue, though not explicitly stated in either letter, was the ownership by the Trustee, Allen County State Bank, of Mr. Bowlus’ 1,519 shares of stock of the Allen County State Bank itself. This was the controlling interest, and the Trustee had refused to sell it to raise the necessary additional cash for the center’s construction according to the jointly approved plans. As a result of the lawsuit filed by the Board of Education against the Trustee, the Trustee was ultimately forced in December 1963 to sell this controlling interest, which was bought by other members of the Bowlus family who owned the minority stock interest. The sale price was $929,628, which was nearly the amount of the lowest construction bids. Thus, there were more than ample funds for the construction of the Fine Arts and Cultural Center according to the architect’s jointly approved plans.
In the end, the cost of constructing and equipping the Bowlus Fine Arts and Cultural Center totaled about $1.1 million, and there was left over approximately $800,000 for the maintenance fund. Without the successful litigation filed by the Board of Education, the center would not be the completed crown jewel it has been for a half century.