LINCOLN, Neb. (AP) — A barin central Nebraska was put onprobation Wednesday for ignor-ing the state’s smoking ban threetimes, showing that officialswon’t automatically snuff outestablishments that are repeatoffenders.

The Nebraska Liquor ControlCommission had consideredyanking the liquor license ofHenry “Fred” Schumacher, ownerof Sylvester’s Bar & Lounge inBroken Bow, because his floutingof the state law suggested hemight be unfit to sell alcohol.

“By no means are we sanc-tioning smoking in bars,” saidCommissioner Robert Batt, whovoted with other commissionersto put Schumacher on probationinstead of taking away his liquorlicense. “It’s a new rule.”

Schumacher acknowledgedafter the vote by commissionersto put him on probation that heallowed smoking inside his barbecause he objected to thesmoking ban. Schumacher’s stilla staunch opponent, but said helearned his lesson.

“I went about it wrong, plainand simple,” Schumacher toldreporters. “It’s the law, and noth-ing gives me the right to violatethe law.”

According to his yearlongprobation, he will immediatelylose his liquor license if he vio-lates the law again.

Schumacher’s case hasgained attention because he isthe only known bar owner to befined repeatedly for openlybreaking the smoking ban thatwent into effect June 1, 2009. It’sunknown exactly how many cita-tions have been issued againstbusiness owners for allegedlybreaking the law in the year

since then because local agen-cies aren’t required to report theinformation to the state. Buthealth departments across thestate normally tell the state ofcitations.

Thus far, just four known cita-tions have been issued — threeof them against Schumacher.

The other was issued late lastweek to a Hastings bar, theHalftime Lounge, according tothe Hastings Police Department.

The small number of viola-tions isn’t due to a lack of com-plaints — residents have lodgedmore than 200 complaints ofsmoking against about 160 busi-nesses since the law was enact-ed.

One reason for the small num-ber of violations is that business-es suspected of allowing smok-ing are given warnings and edu-cated about the law when smok-ing is alleged to have occurred.Only those that continue toallow smoking are ticketed.

“Businesses are doing a goodjob of following the law if thereare complaints and the localhealth departments are doing agood job of working with busi-ness owners on following thelaw,” said Kathie Osterman,spokeswoman for the statedepartment of Health andHuman Services.

Delores BeckerWYNOT, Neb. — Delores

Marie Becker, age 79 of Wynot,Nebraska, died on Tuesday (June08, 2010) at St. Elizabeths’sHospital in Lincoln, Neb.

Mass of Christian Burial willbe on Saturday at 10 a.m. at theHoly Family (Sacred Heart)Catholic Church in Wynot withRev. Eric Olson officiating. Burial

will be in the Sacred HeartCemetery in Wynot. Visitationwill be on Friday from 5-8 p.m.with a vigil service at 7:30 p.m. atthe church. Visitation will beginone hour prior to services onSaturday at the church. TheWintz Funeral Home inHartington is in charge ofarrangements. To post on linecondolences, please visitwww.wintzrayfuneralhome.com.

www.yankton.net PAGE 3Yankton Daily Press & Dakotan ■ MIDWEST ■ Thursday, June 10, 2010

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IN REMEMBRANCEDonald J. Lane

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Ersey D. Ebsen10:30 AM, Thursday

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Eunice L. EngenMITCHELL — Eunice L. Engen

age 78 of Mitchell, SD and for-merly of Yankton, SD passedaway at the Avera Queen ofPeace Hospital in Mitchell onSunday, June 6, 2010. Funeralservices will be at 11:00 AM,Saturday, June 12, 2010 at theUnited Church of Christ(Congregational) in Yankton, SDwith Rev. Paul Opsahl officiat-ing. Burial will be in the YanktonCemetery. Visitations will beginat 9:30 AM, Saturday, at thechurch and continue until thetime of the service. Opsahl-Kostel Funeral Home andCrematory, Yankton is in chargeof the arrangements.

Eunice Lorraine was born onNovember 19, 1931 near

Temple, ND toBirger WilhelmErickson andOlga Marie OlsonErickson. Sheattended elemen-tary school atTioga, ND andlater at Ray, ND.She attendedhigh school atRay, ND for three years andgraduated from Williston HighSchool, Williston, ND. Eunicethen graduated from SacredHeart School of Nursing inYankton, SD. She went on toattend Yankton College whereshe received her B.S. in Nursing.before completing her MastersDegree at the University ofSouth Dakota in Vermillion, SD.

She became a staff nurse at

the Yankton State Hospital andserved several years in psychi-atric nursing. Subsequently, shejoined Staff Development andlater became Director of StaffDevelopment at the SouthDakota Human Services Centerin Yankton where she continuedin that capacity until she movedto Georgia in 1994. She was thenappointed as Director of QualityAssurance at Satilla ParkHospital, Waycross, GA andlater she accepted a position asDirector of Nursing at Charter-by-the-Sea Hospital, St. SimonsIsland, GA. She retired from thatposition in 1999. Eunice thenworked with her husband in hisprivate psychological practicein Waycross, GA until theirreturn to South Dakota in 2009.

On June 1, 1957, Eunice mar-

ried Eugene Paul Engen in BatonRouge, LA.

Eunice is survived by herdevoted husband of 53 years,Eugene of Mitchell, SD; sons:Paul of Mitchell, SD, Brendanand daughter-in-law, Sarah ofWaycross, GA; and severalnieces and nephews. She waspreceded in death by her par-ents, three brothers: Roy, Earland Stanley and five sisters:Doris, Cecile, Theresa, Mabeland Ella.

Yankton Press & DakotanJune 10, 2010

Online condolences at: www.opsahl-kostelfuneralhome.com

Engen

Donald J. LaneGAYVILLE — Donald Jacob

Lane, age 89, of Gayville andMission Hill, South Dakota, diedMonday, June 7, 2010 at AveraSacred Heart Hospital inYankton, South Dakota.

Funeral services are 2:00 PM,on Friday, June 11, 2010 at theGayville-Volin United MethodistChurch in Gayville, South Dakotawith Pastor Tom Petersen offici-ating. Burial will be in theGayville Cemetery with militaryhonors provided by the RudolphChristensen American LegionPost No. 237. Visitation is from5:00 to 8:00 PM on Thursday,June 10, at the Wintz & RayFuneral Home in Yankton. A timeof sharing stories and memoriesof Don begins at 7:00 PM.Visitation resumes one hourprior to the funeral at the churchon Friday, June 11.

Don was born August 15, 1920in Gayville, South Dakota, sec-ond son of Lee and Margaret(Diebold) Lane. He grew up inGayville, graduating from highschool in 1938. Don attendedSouthern State Teachers College

in Springfield, SDwhere he becamethe NationalExtemporaneousS p e a k i n gChampion for alljunior colleges.He graduatedfrom NorthernState College inAberdeen, SDwith a Bachelor of ScienceDegree in Education. In June1943, he joined the United StatesNavy, serving on a destroyerescort in the Atlantic andMediterranean Theaters, and ona destroyer in the Pacific Oceanduring World War II. Don earnedthe rank of Lieutenant andreceived the Bronze Star for hisservice. After his discharge in1946, Don married Julie Neal andhad three children. In New York,Don started his own film produc-tion company: Don LanePictures. Over the course of hislong career, he was recognizedas one of the largest producersof industrial films on animal hus-bandry and agriculture, earningnumerous top awards – GoldenEagle and Ciné among others – in

his field. Later in his career, healso produced films focusedupon human health. His worktook him all over the world. Donwas always active in his commu-nity: he was a member of theScarsdale CongregationalChurch, where he served asPresident of the Men’s Club.Active in the Scarsdale VolunteerFire Department for over 25years, he served as Captain forseveral terms. He was a LittleLeague coach for each of hisdaughters, President of the PTA,and involved in numerous localpolitical campaigns. Don retiredin 1991 and moved to MissionHill, South Dakota where he con-tinued to be an enthusiasticmember of the community, join-ing Kiwanis and the AmericanLegion. Don loved gardening,fishing, politics, and playingbridge, but most of all, he lovedhis family.

Donald is survived by histhree daughters, Donna Lane(Bill Copeland) of Valdez, Alaska,Linda Lane (Dave Murchison) ofLong Beach, California, andAndrea Lane of Anchorage,Alaska; one granddaughter,

Ardea Lane Copeland of Valdez;and two brothers, Keith Lane ofGayville, and Dennis (Margaret)Lane of Ponte Vedra Beach,Florida; and many nieces andnephews.

Donald was preceded indeath by his parents, wife, andtwo brothers, Dale and JohnLane.

Please send all memorials toSenior Companions Program ofSouth Dakota (605-361-1133).Senior Companions Program ofSouth Dakota, 1000 NorthwestAve. Suite 260, Sioux Falls, SD57104, 605-361-1133.

To post an online sympathymessage, please visit wintzrayfu-neralhome.com.

Yankton Press & DakotanJune 10, 2010

Lane

GOT NEWS?Call The Press & Dakotan At 665-7811

O B I T U A R I E S

DECISION 2010

Heidepriem Faces Fight For GovernorBY CHET BROKAW

Associated Press Writer

PIERRE — South Dakota’s cam-paign for governor began inearnest Wednesday, just hoursafter Lt. Gov. Dennis Daugaardclaimed the Republican nomina-tion. But the state’s political histo-ry suggests Democrat ScottHeidepriem faces a tough fight in aGOP-dominated state.

Since South Dakota became astate in 1889, it’s had 24Republican governors and fiveDemocratic ones. A Democrat lastoccupied the governor’s office 32years ago.

But Heidepriem, a Sioux Fallslawyer who is the state Senate’sminority leader, said he believeshe can win because voters are fedup with a looming budget deficit

and a state government that hasgrown in the eight years Daugaardhas been Republican Gov. MikeRounds’ second in command.

“Which candidate is more likelyto solve that problem?”Heidepriem said. “Is it the adminis-tration that created it or is it some-one who has been a critic of statespending?”

Daugaard, who far outdistancedhis four rivals in Tuesday’s vote towin the GOP nomination, hasargued that the state’s budgetproblems can be solved with somecommonsense moves.

The lieutenant governor hassaid he would cut some spending,limit state government growth anduse some reserve funds if neces-sary to balance the budget. But hehas noted that state revenues arebeginning to rebound after the

recession, and South Dakota is inmuch better financial shape thanmost other states.

Daugaard expects Heidepriemwill run a competitive race.

“I think it’ll be very competi-tive,” Daugaard said. “Scott will bea strong adversary. He’s very artic-ulate and he’s a good debater as atrial lawyer.”

Because Heidepriem had no pri-mary opponent, he has spent thepast few months running televisionads criticizing the Republicanapproach to running state govern-ment, Anderson said.

Heidepriem has frequently criti-cized Rounds for adding approxi-mately 1,300 state employees dur-ing the past eight years, and hehas blamed Rounds’ policies forcausing a budget deficit that couldbe $100 million or so next year.

Rounds counters that budgetproblems have stemmed fromdeclining revenue and increasedspending on medical care for poorpeople during the recession. Mostof the additional state employeeshave been hired in higher educa-tion to meet increased universityenrollment, he said.

Heidepriem said the state can-not justify adding more than 400employees outside higher educa-tion in the past eight years whenthe recession cost 8,000 SouthDakotans their jobs.

Republicans have criticizedHeidepriem for seeking to addspending to state budgets in pastyears. He said he wants to spendmore on K-12 education and eco-nomic development, but that won’tbe possible until spending is cut inthe rest of state government.

MIDWEST DIGEST

Drunk Driver Sentenced For Vehicular BatterySIOUX FALLS (AP) — A repeat drunken driver who hit a 21-year-

old college student in Vermillion during a blackout and kept drivinghas been sent to prison.

Twenty-nine-year-old Eric Oldre on Tuesday was sentenced toserve five years for vehicular battery and third-offense DUI.

Authorities said Beau Brady had been celebrating his 21st birth-day on Nov. 6 and was himself drunk when he tried to cross a streetand was struck by Oldre’s car. Brooke Brady said her brother almostdied and continues to suffer from a brain injury.

Authorities say that when Oldre was tracked down at homeseven hours later, he was still legally drunk and did not rememberthe incident.

Oldre during his sentencing read a letter he wrote to Beau Bradysaying he was “eternally sorry.”

Mitchell Officials Talk Community CenterMITCHELL (AP) — Officials in Mitchell are discussing a communi-

ty center that could cost up to $18 million, though some CityCouncil members say there is overwhelming opposition because ofthe cost.

Mark Buche, chairman of a volunteer community planning group,said he thinks opposition can be overcome with an informationalcampaign.

“Let’s get some dialogue,” he said. “Let’s educate the public onwhat’s going on with this.”

City leaders have decided to continue discussions with DakotaWesleyan University and Avera Queen of Peace Health Services.

The proposed city-owned center on the DWU campus wouldhave a pool, floor and gym space, a walking track and an adult fit-ness facility for the public. University students and staff would havewrestling rooms, locker areas, gym space, classrooms, athletic train-ing space and a weight room. Avera’s benefits would include trainingspace and an adult wellness facility.

The city’s would pay up to $10 million, while its partners wouldraise up to $9 million.

Councilman Travis Carpenter said he has heard from residentsworried about the cost.

“I haven’t had a lot of positive responses,” he said.Councilman Marty Barington said he felt his constituents are “98

percent opposed” and that he would vote against the proposal now,though he thinks educational efforts could change a lot of minds.

Mayor Lou Sebert will appoint members to an advisory board toreview the plan, as will DWU and Avera leaders.

Trial Delayed In Mobile Home Park ShootingHURON (AP) — The trial for a Sturgis man accused in a 2009

shooting death at a Huron mobile home park has again beenpushed back.

Circuit Judge Vince Foley on Wednesday rescheduled JohnLeGrand’s trial for Oct. 11. He cited the Huron police department’sfailure to share evidence with defense attorneys in granting thedelay.

LeGrand’s trial had previously been scheduled for April 21 andthen July 26.

LeGrand has pleaded not guilty to alternate counts of second-degree murder and first-degree manslaughter.

Authorities say he and Hein had fought over money thatLeGrand allegedly owed Hein for construction work and thatLeGrand shot the 23-year-old Hein four times with a shotgun.

Attorney: Teen May Be Unfit For ProsecutionTEKAMAH, Neb. (AP) — A Tekamah teen accused of sexually

assaulting and killing his 4-year-old half sister has the mental capacityof a second-grader and may not understand the charges against him,his attorney said Wednesday.

Stuart Mills said he plans to ask for a mental evaluation of the teencharged as an adult with first-degree murder, rape and arson.

“He’s 14 years old and functions as a second-grader. I’ve yet tomeet a second-grader that can comprehend all of this,” Mills said. Theteen plans to plead not guilty, his attorney said.

The Associated Press isn’t using the names of the boy or girl toprotect their privacy.

Tekamah police say the girl was found dead in the family’s homeafter a May 1 fire. The boy escaped with his mother and another sis-ter.

Court documents say an autopsy performed on the girl revealedevidence of sexual assault and suggested she had been smotheredbefore the fire. No smoke was found in her lungs.

A Burt County Court judge ruled Tuesday there’s probable causeto charge the teen and sent the case over to district court, wherethere’s a hearing set for Aug. 11.

Mills said he’ll file a motion to have the case sent to juvenile court,where a conviction would likely set the teen free at age 19. A convic-tion in adult court could get him a life sentence, the attorney said.

■ Get Updates At Yankton Online (www.yankton.net)

Neb. Smoking Ban ViolatorKeeps His Liquor License