Protests fall by roadside
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At last: Emery to get concrete
Bu NED VALENTINE
The legal road to paving Emery has been as treacherous as Emery Road itself, but the job is to be done.
George Williams, director of public works for Lawrence, said that contracts to pave Emery Road have been drawn up at the request of the City Commission. Work is to begin June 1 to avoid the heavy student traffic passing over Emery Road.
A RESOLUTION to repave the road was originally drawn up about five years ago, Williams said, but was protested by landowners who would have to foot the bill and was defeated.
In 1964 the problem went before the Supreme Court of Kansas.
Under state law, a governing body such as the city of Lawrence may pave regardless of protest if the street is an intervening connecting street between two improved adjoining parallel streets or if the unimproved portion is less than two blocks long and rest is improved.
EMERY ROAD JOINS Ninth Street which runs generally east and west, with West Hills Parkway which runs north from its point of origin curving west for about 300 feet and then in a southerly direction. Emery Road joins West Hills Parkway at this curve.
Among other things, the city said that Emery Road was an unimproved section adjoining two improved parallel streets.
In the case of Roy C. Terril and Melba K. Terrill versus the City of Lawrence, the Supreme Court ruled that the West Hills Parkway curve could not be considered "parallel" to Ninth St.; so Emery Road was not between two adjoining parallel streets.
ALTHOUGH THE LAW does not specify "parallel" the court said "... it appears to us, however unschooled we may be in mathematical theory, that it would be a distorted and chimerical construction of language to declare that a straight line (Ninth St.) parallels part of a circle (West Hills Parkway)."
The court also decided that, since the road had been sealed with a layer of asphalt periodically since 1952 by the city, it
could not be termed "unim-
proved."
To decide this, the Court went to "Webster's New International Dictionary," 2nd edition and learned that "pave" means "to lay or cover with stone, brick, asphalt, concrete or other material, so as to make a firm, level, or convenient surface for travel. . .."
STUDENTS IN THE fraternities and sororites using Emery Road agree that this does not describe the Emery Road they bounce over to get downtown. But, for unknown reasons, the paving will not be protested this time.
USAF band to be here April 19
The U.S. Air Force band will play at 1:15 p.m. April 19 in Hoch Auditorium, Capt. Lee Forbes, assistant professor of aerospace studies, announced today.
The performance is open to the public, Forbes said, and admission is free.
THE BAND, which has made appearances around the world, contains two recent KU graduates. They are John Woodie, Springfield, Mo. ('62), who plays french horn, and Bill Booth, Sedalia, Mo., ('64), trombonist.
bership. A staff of expert arrangers is assigned to the band.
The band has been called the most versatile musical organization in the world. It plays everything from symphonies to modern jazz.
APPEARING WITH the musicians will be the Singing Sergeants, a chorus of approximately 21. All were vocal majors before entering the Air Force. Like the band, the Sergeants perform all types of music, ranging from opera to pops. Their rendition of "The Lord's Prayer" is used daily as a sign-off by many television stations.
Capt. Forbes said that Russell Wiley, director of the KU band, has invited numerous high school bands to view the concert.
The group's KU appearance is part of a nine-state tour which began April 10 in Cheyenne, Wyo. Other concerts in this area include Emporia, Topeka, and Kansas City.
Daily Kansan Tuesday, April 18, 1967
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