Volume 112 No. 29 75 Cents Thursday October 21, 2010P.O. Box 278 •105 W. Main Street • Boise City, Oklahoma 73933-0278 • Cimarron CountyPhone 580-544-2222 • Fax 580-544-3281 • e-mail bcnews@ptsi.net

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BOISE CITY WEATHER Hi Lo

PrecTues. Oct. 12 71 41Wed. Oct. 13 64 40Thur. Oct. 14 79 40Fri. Oct. 15 84 42Sat. Oct. 16 81 42Sun. Oct. 17 80 38Mon. Oct. 18 66 41MARKETSWheat $5.76Milo $4.66Corn $5.11

BORN ON OCT. 14

CIMARRON COUNTYJAIL BLOTTER

THIS DAY IN HISTORYOCT. 21

Submitted by Galen Smith

We give a tip of the hat to:

2137 -BC- 1st recorded to-tal eclipse of the sun China1520 Magellan entered thestrait which bears his name1553 Volumes of the Tal-mud are burned1797 US Navy frigate Con-stitution, Old Ironsides,launched in Boston1879 Thomas Edison per-fects the carbonized cottonfilament light bulb1917 1st Americans to seeaction on the front lines ofWW I1918 Margaret Owen setsworld typing speed recordof 170 wpm for 1 min1948 Facsimile high-speedradio transmission demon-strated (Washington DC)1960 JFK & Nixon clashedin 4th & final presidentialdebate (NYC)1989 Houston becomes 1stmajor college team to gain1000 yards in a game1989 1st black owners(Betram Lee & PeterBynoe) to own a majorsports team, purchasingDenver Nuggets for $65m

1772 Samuel TaylorColeridge England, poet(Rime of the Ancient Mari-ner)1833 Alfred BernhardNobel Stockholm, createddynamite & Peace Prizes1917 Dizzy Gillespie trum-peter, a creator of modernjazz1928 Edward “Whitey”Ford hall of fame pitcher(NY Yankees)1940 Manfred Mannrocker (The Mighty Quinn)1942 Elvin Bishop Okla,rocker (Fooled Around &Fell in Love)1950 Ronald E McNairLake City SC, astr (STS41B, 51L-Challenger di-saster)1956 Carrie Fisher BeverlyHills, actress (Star Wars-Princess Lelia)1971 Jade Jagger daughterof Mick Jagger

10-16Stephen Lehman-DUI, op-erating an unsafe vehicle,held on a bond of $1,000.

10-18Rodney Dee Golay- DUI

ATTENTIONFelt Booster Club is put-ting on a chili dinner on Fri-day the 22nd starting at 5p.m.Come and enjoy a greatmeal and stay to watch theAlumni Games.Games start at 7 p.m.

The Boise CityWildcat GirlsCross CountyTeam for win-

ning regionals, cinching #1and going to state, way togo girls. To the Wildcatfootball team. They startedthe season young, they’vegrown and they have playedwith style and courage. Wayto go guys, you have class.

WILDCAT GIRLS WINREGIONALS

The Wildcat Cross CountryTeams traveled to Enid this pastweekend to compete in the 2010Regional Meet. The Lady Wild-cats Won the Meet with a totalscore of 32 points. Their clos-est competitor having 46. Thismakes the Lady Wildcats backto back Regional Champions. In a field of 80 runners, all sevenof the girls made the top 13. The team of seven consists ofLauren Crews, YessicaMartinez, Baley Gardner,Megan Crews, ShelbyHawkins, Cintia Martinez, andAmber Ottinger with Makenze

LADY WILDCATS 2010REGIONAL CROSS COUNTRY

CHAMPIONSBy Belinda Gardner

Twyman as the alternate. AlexMorales and Trinia Wilson arepart of this team, but are notcompeting. They are stillranked #1 in the State in class2A, and have an excellentchance of bringing home a StateChampionship. We hadthree Wildcat runners Ian Licea,Jake Hitchings, and StevenSegovia. Ian and Jake qualifiedfor State. The State Meet willbe Saturday the 23rd inShawnee, Oklahoma atthe Gordon Cooper Vo-Tech. The girls will run at 11:30 andthe boys will run at 12:15.

FANS GIVE WILDCAT CROSS COUNTRY A SEND OFF

By C.F. DavidAccording to documents sup-

plied to The Boise City News,On Oct. 15, the OklahomaCourt of Civil Appeals has re-versed a lower court’s rulingagainst the Cimarron RiverRanch. Of the three reversals,one is the judgment placedagainst the ranch by the state’sCommissioner of Land Office.

The ruling overturns decisionsmade in late 2009 and haveevolved from an October 2005school land lease.

In the opinion of Judge JaneP. Wiseman she affirmed thetrial court’s decision in part, re-versed in part, and remanded forfurther proceedings.

The documents explain thatas of the 2005 lease auction,Cimarron Ranch, (CRR), in-formed the Commission of theLand Office, (CLO), that landin question at time was held bythe Cimarron Trust Estate,(CTE).

The CRR claimed that be-fore the auction they notified theland office that CTE was in vio-lation of lease provisions andasked the CLO to prevent CTEfrom bidding on the parcel ofland.

The request was ignored andthe trust estate was allowed tobid on additional public lands.This resulted in a heated biddingwar whereby the CRR had topay a lease price at a highly in-flated price.

During the first year of thefive-year lease cycle the landoffice began negotiations withowners of private property con-tiguous to the leased property,those owners being CTE,Tecelote Limited Partnership

Court of Civil Appeals Reverses Three ofFour Counts against Cimarron RiverRanch, Including Land Office’s Judgment

and the Nye Schumacher CattleCompany. The purpose of thosenegations was to exchange cer-tain portions of the propertyleased by CRR for privatelyowned property. After obtainingan appraisal, the CLO ex-changed the property in the fallof 2007.

This exchange created alandlocked parcel within thelease, limited access to water,(a cattle ranching necessity), andreduced the overall acreage ofthe lease. The CRR objected tothe exchange, and claimed itmaterially and negatively af-fected the rented property. TheCLO refused to lower the renton the lease, so the CRR in-voked a provision to terminatethe lease, (if the land had beensold), the CLO insisted the landwasn’t sold and demanded thelease payments.

The CRR then filed for ajudgment as to its rights underthe lease.

1.The CRR asked that thecourt allow them to terminatedue to the CLO’s actions.

2.The CRR asked that thecourt invalidate the land ex-changes.

3.The CRR made the claimthat CTE had entered a subleaseagreement with a third party andwasn’t qualified to bid.

In answer to this the CLOsaid that the CRR had waiteduntil just before the auction toraise the issue in an effort tomanipulate the auction and tobring a chill to competitive bid-ding.

In addition the CLO claimsthat there was no factual disputeover landlocked parcels andwater access in CRR’s agricul-

tural lease, and claim that theCRR failed to demonstrate ei-ther charge.

The CLO also assert that theCRR failed to establish that itheld a right to purchase of thelease.

The CLO had sought a sum-mary judgment as to the CRR’sthree claims, and on Jan. 22,2009 the trial court granted allsummary judgment motions.

Jude Ricks ruled that:Count 1On the sale of land and ex-

change of land, we find the sum-mary judgment in favor of theCLO to be improper. The judgeexplains her decision was dueto the material facts on the saleand land exchange was still indispute over values of each par-cel of land.

Count 2As to if the CRR had a pref-

erence right to buy the land andif the CLO had violated thatright.

Judge Hicks ruled that:She must reject the argument

put up by the CLO, and affirmthe trial courts grant ofdefendant’s (CRR) motions.

County 3As to CLO’s motion for sum-

mary judgment, if the CLO vio-lated the “enabling act” by en-tering into land exchanges withprivate landowners in CimarronCounty.

Judge Hicks ruled that:We find that the trial court

erred in granting summary judg-ment to the CLO as to theCRR’s county one.

Affirmed in part, reversed inpart and remanded for furtherproceedings.

By C.F. DavidMid-year, 2008, the owners

of Cimarron County’s No Man’sLand Beef Jerky were trying toplan for the production of a beefstick.

The Smith family, siblings,Brad, Britt and Belinda, alongwith their supportive and in-volved parents, Marv and Deewere enjoying success with theirjerky. However they needed touse the trimmings in order to gettheir 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 weresure a new product would sell,they had financialbacking…what they didn’thave…a labor pool.

They looked at options, im-porting documented laborersfrom outside the country, sev-eral communities offered spaceand a labor pool if the Smith’swould move, and OklahomaPanhandle State even consid-ered busing students in need ofwork.

The Smiths decided to waitout the national elections andwatch the economy, and the restas they say is history.

Now with the recession twoyears old, the Smiths have made

From left, Belinda Gardner, Dee Smith, Britt and BradSmith introduce their new jerky stick.

the decision to expand theirbrand with a line of T-Shirts soldat the store and the beef stick,which will be produced inLockwood, Mo., a city of 900about 50 miles southwest ofSpringfield, near Joplin.

The stick will be made to theSmith’s specifications by Tho-mas Frickenschmidt atFrickenschmidt Foods LLC, inLockwood.

The Smiths andFrickenschmidts worked sightunseen 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 putin front of each other.

“The same guy that makesour bags makes theirs. He toldthem about us and how wewanted to make a stick, and he(Thomas Frickenschmidt),called us.”

“He had the equipment, andwe have the marketing. He islooking at expanding with us,”Britt said.

“We were a good fit. Theircompany 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, theyare nice people, and we lookforward to working with them.

No Man’s Land has beenexperimenting for those two tothree years on getting the prod-uct exactly as they liked it; afterthe third batch, the mix was right.

“We sent them our originalrecipe, and we achieved whatwe wanted on the third try, “headded.

“We have had 4,200 storeswaiting to get our jerky, but thisplant is running at capacity. Weare hoping most of those storeswill be willing to take the stick,”Belinda said. “We have ordered2,054 cases; that’s 49,305 sticks,half hot, half mild, and we arewaiting for the UPC codes sowe can begin to ship them,” shesaid.

We are going into 850 Affili-ated Foods Stores and 90 plusToot-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 plusstores.

If the partnership withFrickenschmidt continues on theexpected successful path, theSmith’s are considering produc-ing some of the jerky there sothe demand can be met forstores waiting in the wings.

The Smiths hope to be pro-ducing 160,000 sticks a week byOctober of next year.

Asked if this productionsolved their waste trimmingsproblem, Belinda explained, “Wewill still be operating at 98 per-cent efficiency, but a month ofthose trimmings only lasts oneday in production.”

Britt and Belinda admit theyare nervous about the stick’spotential, but also look at thebrand recognition as somethingthat might help to get the newproduct off the ground.

Less than a week remains forregistered voters in CimarronCounty to apply for absenteeballots to be mailed to them forthe November 2, 2010 State-wide General Election, CountyElection Board Secretary VickiTurner said today.

Applications for absenteeballots must be in the hands ofthe County Election Board nolater than 5 p.m. on Wednesday,October 27 to be processed.

Any registered voter eligibleto vote in the election may voteby absentee ballot without stat-ing a reason, Turner said. Ab-sentee voters may apply in per-son at the County ElectionBoard office or they may sendtheir applications by mail, by fax,or by telegraph.

Voters also may apply forabsentee ballots for the follow-ing reasons:

— Registered voters whoare physically incapacitated and

Time Ticking on Mailed Ballotsvoters who care for physicallyincapacitated persons who can-not be left unattended may ap-ply for absentee ballots only bymail, by fax, or by telegraph.

— Registered voters who areconfined to nursing homes in thecounty may apply only by mail,by fax, or by telegraph.

— Military personnel, resi-dents of Cimarron County livingoverseas and the spouses anddependents of each group areentitled to vote without beingregistered. They may applyonly by mail or by fax.

For more information on ab-sentee voting, contact theCounty Election Board at theCounty Courthouse. The tele-phone number is 580-544-3377.The County Election Board’sfax number is 580-544-3377.

Information on absentee vot-ing in Oklahoma also may befound on the Internet atwww.elections.state.ok.us.

Sample ballots now are avail-able at the Cimarron CountyElection Board office for voterswho want to get a preview ofwhat will be at stake in the State-wide General Election on No-vember 2.

Vicki Turner, Secretary of theCounty Election Board, said thatsample ballots can be viewed atthe Election Board office, lo-cated at the Courthouse during

SAMPLE BALLOTS AVAILABLEregular office hours, 9-3.

Sample ballots also will beposted outside every precinctpolling place Tuesday so thatvoters can review them beforecasting their votes.

Ballots that will be issued tovoters Tuesday include the fol-lowing:

County BallotState Ballot

At right, CimarronCounty’s Special bowlers,took their pin shatteringtalents to Liberal, Kan.

No Man’s Land is “Stickin’ ” Around