Kenneth J. Hilmes age 66, of WaKeeney, Kan., passed away April 4, 2018, at Trego County Lemke Memorial Hospital. Services are pending.
Schmitt Funeral Home of WaKeeney is handling arrangements.
Kenneth J. Hilmes age 66, of WaKeeney, Kan., passed away April 4, 2018, at Trego County Lemke Memorial Hospital. Services are pending.
Schmitt Funeral Home of WaKeeney is handling arrangements.
HFD
The city of Hays Fire Department will be inspecting and flow testing fire hydrants on Thu., April 5, 2018 in the area of the Bickle-Schmidt Sports Complex.
Work will also be done on Augusta Ln. to Fort St. between 17th St. and 27th St. and Vine St. to Indian Trail between 22nd St. and 27th St.
This is part of a coordinated effort by the city of Hays to inspect all fire hydrants in the city and flush all water mains annually.
Q. What’s the difference between ‘weather’ and ‘climate’?
A. You can’t ‘weather’ a tree, but you can ‘climate’!
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OJA
TOPEKA – The Kansas Supreme Court will hear oral arguments in two cases from 6:30 p.m. to about 8 p.m. Monday, April 9, in the Colby High School Auditorium, 1890 S. Franklin Ave., Colby. The court will greet the public in an informal reception following oral arguments in the commons area outside the auditorium.
Cases to be heard during the special session are briefly summarized below. Detailed summaries, and briefs filed by attorneys involved in these cases, are available on the court’s traveling docket page.
Appeal No. 112,573: State of Kansas (plaintiff – appellee) v. Daniel Barlett (defendant – appellant) Barlett’s cousin shot and killed Chad Ford. Barlett was charged with aiding and abetting a felony murder and criminal discharge of a firearm. A Wyandotte County District Court jury convicted Barlett of the latter offense. Barlett later pleaded guilty to voluntary manslaughter. The Court of Appeals affirmed the convictions. Issues center on whether various jury instructions were proper, the district court’s refusal to declare a mistrial, and whether Barlett received a fair trial.
Appeal No. 115,434: LCL LLC (plaintiffs) v. James W. Falen, in his capacity as sole trustee of the James W. Falen Living Trust U/A dated April 30, 2007; Julie D. Falen; Gregory A. Falen; and Maryl M. Wesolowski (defendants/third-party plaintiffs – appellants) v. Rice County Abstract and Title Co. Inc. (third-party defendants – appellee) The Falens sold real estate in 2008 but retained the mineral interests. The contract reflected the retained interest, but the deed did not. When the property was sold in 2014 to LCL, the deed again did not reflect mineral rights ownership. When it was discovered, Rice County Abstract and Title asked LCL to deed the mineral rights to the Falens. Instead, LCL claimed ownership. The Falens sued RCAT for breach of implied contract and fiduciary duty. Rice County District Court ruled for RCAT because the statute of limitations had expired. The Court of Appeals ruled the Falens could pursue claims of negligence and breach of fiduciary duty but not breach of implied contract. Issues focus on the application of the statutes of limitations.
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By JAYLINN PFEIFER
For Hays Post
On Wednesday, April 18, the Wonder Women League of United Way of Ellis County will host their second annual Power of the Purse at the Smoky Hill Country Club from 11:30 a.m. to 1 p.m.
Many local businesses have donated purses, items to fill the purses, and both items and food for the event. There will be 26 purses available for raffle and, of those, five will be auctioned during the auction. The proceeds from this event will be used for various projects to impact the community.
“Last year’s proceeds went to the construction of Born Learning Trail that will be opening soon at Sunrise Park,” said Sherry Dryden, executive director of United Way of Ellis County.
The featured guest speaker at the event will be Danielle Markley from Hays Academy of Hair Design. She has presented before to the Chamber Ambassadors and is a woman of much inspiration, Dryden said. Markley and her sister have built a nationally recognized business that inspires others.
“I have personally watched her grow up over the years and her core values are very professionally faith-based and (she) has exerted many traits such as trust, compassion, integrity, humble, and she is a hard worker,” Dryden said.
The mission statement of Wonder Women League is “To inspire and empower women to affect change in our community.” This event also is a recruiting tool for United Way and the Wonder Women League because of the regular and newer donors who attend.
“Times are changing how donations are being given, and United Way is constantly looking for new opportunities to fundraise. Last year, the event brought a lot of sisterhood of wonderful young ladies,” Dryden said, adding her favorite part of the event is “seeing how many women care about making an impact on their community.”
It is $35 to attend with raffle tickets priced at $5 each or five for $20. Seats are limited.
Hays Academy of Hair Design in Hays and Salina is proud to announce that Hays Campus student Rachel Amerin took second place in the Cosmetology category at the recent Nuts and Bolts International Business Student of the Year competition.
No one at Hays Academy is surprised. Rachel has always been the poster child for what Hays Academy most values in a student. She has had excellent attendance and a tremendous attitude toward her work, and she has fully embraced the school’s culture.
Rachel quickly became one of Hays Academy’s most requested cosmetology students, providing unmatchable service to every guest. A born leader, she was also an encouraging voice to students facing challenges. This kind of attitude depicts why Rachel is a natural representative for both Hays Academy and Nuts and Bolts.
For more information, visit https://haysacademy.edu/.

By RON WILSON
Huck Boyd National Institute for Rural Development
It is great to bring a bunch of community representatives together to publicize their communities’ assets and attractions. It would be even better to go see and actually experience those attractions first-hand. That’s the type of thinking which has led to a brand new initiative in 2018. It’s the first-ever Big Kansas Road Trip.
Marci Penner is director of the Kansas Sampler Foundation and founder of the Kansas Explorers club. WenDee Rowe is assistant director. For 28 years, their foundation organized the Kansas Sampler Festival. The purpose of the festival was to provide the public a sample of what there is to see, do, hear, taste, buy, and learn in the state.
The festival started on the Penner farm near Inman. As it grew, it rotated among various host communities around Kansas and was held on the first weekend of May each year. May 2017 was scheduled to be the last such festival.
In April 2017, a group of tourism leaders and members of the Kansas Explorers came together to talk about what event might follow the last Sampler Festival. The idea which surfaced became the Big Kansas Road Trip. The concept was that visitors would be invited to a certain area on the first weekend in May to experience the region’s attractions and community life first-hand.

On May 3-6, 2018, the first Big Kansas Road Trip will visit Barber, Comanche, and Kiowa counties. Anyone and everyone is invited to descend on these three counties during this time and visit the various attractions at their own pace. People are encouraged to drive and/or caravan and to bring their own lawn chairs.
“This is a new concept, yet three people stepped up to support and help form this event from the very beginning,” said Marci Penner. “I’d like to thank Stacy Barnes, Kiowa County; Andi Dale, Comanche County; and Pake McNally, Barber County, for their ability to see the possibilities and to help forge a plan.”
The Sampler Foundation is facilitating the event, but it is grass-roots leadership which is, shall we say, driving the Big Kansas Road Trip.
What is there to see and do in Barber, Comanche, and Kiowa counties? For starters, this region includes High Plains, Red Hills, and the Gypsum Hills Scenic Byway.
In this region, there are multiple museums, monuments, historic barns and other buildings, parks, farms, ranches, gardens, arts centers, unique stores, activities, buffalo and cattle herds, good places to eat, and adventures waiting to happen. There’s the botanical garden and lake in Coldwater, the Carry Nation House in Medicine Lodge, the world’s largest hand-dug well in Greensburg, meteorites in Haviland, the Stan Herd Art Gallery in his hometown of Protection, Martina McBride Park in her hometown of Sharon, and much more.
Each county seat will have an information center. Some events and tours are scheduled, but travelers can visit at their own pace. The organizers emphasize that these are kid- and family-friendly attractions.
This is a scenic and truly rural part of Kansas. Every town in these three counties has attractions listed in the visitors guide. The towns range in size from Medicine Lodge, population 2,009, to Isabel, population 88, Wilmore, population 53, and Sun City, population 52 people. Now, that’s rural.
“In some ways, the Big Kansas Road Trip is about pie,” the visitors guide states. You can hear talk about the delicious, sugary-crust homemade cherry pie at Don’s Place in Protection, but there is nothing like actually tasting it….That’s what the Big Kansas Road Trip is all about: First-hand experiences. Getting to know rural Kansas.”
“Many other people have joined the effort to make this happen, and I couldn’t be more delighted with the enthusiasm and interest,” Marci Penner said.
For more information, go to www.bigkansasroadtrip.com.
It’s great to have communities together sharing their assets, but even better to experience their attractions first-hand. We salute Marci Penner, WenDee Rowe, Stacy Barnes, Andi Dale, Pake McNally, and the many other volunteers who are making a difference by sharing their communities and bringing this concept to life. Let’s go road-tripping!
By NADYA FAULX
Defense attorneys for two of the men charged in an alleged bomb plot in western Kansas argued their clients were manipulated by the FBI into remaining part of the conspiracy.

Cross examination of Dan Day, the paid FBI informant in the case, wrapped up Wednesday, with the defense asking him why he didn’t put a stop to the plot earlier when he had the chance.
Day recorded hundreds of hours of meetings and phone calls with Curtis Allen, Patrick Stein and Gavin Wright. Prosecutors say the three men planned to attack Somali Muslim immigrants in Garden City in November 2016, going so far as to pick a target and gather materials for a bomb.
All three have pleaded not guilty.
Day testified earlier in the trial in Wichita’s federal courthouse that he maintained a “persona” as a member of the Kansas Security Force — a militia the men belonged to — but wasn’t working to further the plan.
James Pratt, Stein’s attorney, argued Day went out of bounds. He pointed to a recorded phone call in early September when Stein expresses frustration with the planning process and suggests backing out of the plan; Day urges him to stay.
“You were doing everything you could,” Pratt said Wednesday, “to make sure the defendants stayed together and worked toward your goal.”
Day responded he was trying to prevent any of the members from leaving and potentially doing “their own thing,” without the FBI knowing about it.
“What if they wanted to go off and do nothing?” Pratt asked. “You weren’t working toward that end, were you? You were working toward them doing something.”
Wright’s attorney, Kari Schmidt, distanced her client from the rest of the group entirely, pointing out that he was absent from several key events included in Day’s testimony, including recruiting meetings.
Though Wright’s business, G&G Home Center in Liberal, was frequently used as a meeting place, Schmidt says Wright was often busy answering the phone, or wasn’t participating in conversations regarding the alleged plot.
“All we know from those recordings is that you were there,” she told Day.
Schmidt played a phone call between Wright and Day from Oct. 11, the day Allen was arrested on domestic abuse charges. During the call, Wright says he is quitting the plan.
“I don’t need to be involved in this,” he says. “I want to be part of changing this country constitutionally, but I don’t want to be involved in that.”
Still, countered federal prosecutor Risa Berkower, Wright did sign on to the plan.
“When you discussed blowing up the Mary Street building,” she asked Day, “did Gavin Wright say ‘No, no, no,’ or, ‘Yeah, yeah, yeah’?”
Day said that unlike other militia members who were aware of the plan, Wright was working to execute it.
Day said it was Allen’s unexpected arrest that eventually put an end to the planning; his ex-girlfriend told law enforcement she thought the men were making explosives, and soon after Wright and Stein were also arrested.
“If that hadn’t happened, they would have built a bomb and blown up the building,” he said.
Nadya Faulx is a reporter for the Kansas News Service. Follow her on Twitter @NadyaFaulx.

By BECKY KISER
Hays Post
Starting Monday, travelers will be able to fly to Chicago from the Hays Regional Airport without changing planes.
Until now, passengers have had to fly west to Denver International Airport, where they then had to board another plane to Chicago or other any other destination.
The eastbound flight has long been requested, especially by the local business community.
The additional flight is part of a new SkyWest contract at the Salina Regional Airport, according to Hays City Manager Toby Dougherty.
“Beginning April 9 also, we will be sharing, for lack of a better term, with Salina the Denver flights and the Chicago flight,” Dougherty said. “There’s more of an opportunity that plane could be full, which is a good thing. But that means you need to book early.”
The biggest advantage for passengers is “it’s quicker and more convenient,” said Assistant City Manager Jacob Wood. “There’ll be quick layovers in Salina but you won’t have to get off the plane.” Luggage will also remain on the airplane.
Wood said bookings on the 50-seat jets are filling rapidly with the addition of passengers boarding in Salina. “I’ve flown lots of times when there were just eight or so people on board. You can expect more people on the plane,” he added.
Flights can be booked online at www.united.com. The Chicago flight schedule is available at flyhays.com, along with the Denver schedule.

The city is hoping the new flight to Chicago will help increase boardings enough in 2018 to surpass 10,000. The last year that happened was 2011, when 10,912 passengers flew out of the Hays Regional Airport.
Passenger boardings in 2017 “just missed” the 10,000 mark, which would have made the city eligible for $1 million in airport funding from the Federal Aviation Administration. Otherwise, the city receives just $150,000 from the FAA annually.
According to a study by Volaire Aviation Consulting, the top three destinations from the Hays Regional Airport currently are Las Vegas, Orlando and Phoenix.
TOPEKA, Kan. (AP) — Two top Republican legislators in Kansas on Wednesday dropped a demand that lawmakers move to curb judges’ power before increasing spending on public schools, allowing work to move forward on satisfying a court mandate on education funding.
Senate President Susan Wagle and Majority Leader Jim Denning had said Tuesday that their chamber would not debate school funding until the GOP-controlled Legislature approved a proposed amendment to the Kansas Constitution to limit the courts’ power to decide education spending issues. An amendment approved by lawmakers would be put to a statewide vote.
The House Judiciary Committee approved such an amendment Wednesday, but Speaker Ron Ryckman Jr. said the full House wouldn’t debate it this week. Lawmakers are scheduled to start their annual 2½-week spring break on Saturday, and GOP Gov. Jeff Colyer is pushing them to pass a funding increase before leaving the Statehouse.
Colyer on Wednesday publicly endorsed a plan approved by the House to phase in a roughly $520 million increase in education funding over five years. A Senate committee drafted a rival plan to phase in a $274 million increase over five years, and senators are to debate it Thursday.
The Kansas Supreme Court ruled in October that the state’s current education funding of more than $4 billion a year is insufficient to fulfill lawmakers’ duty under the state constitution to finance a suitable education for every child. The attorney general has until April 30 — four days after lawmakers return from their spring break — to report on how they responded.
Wagle and Denning blamed Ryckman for the impasse among top GOP leaders, saying they issued their ultimatum to give the House time to pass a proposed constitutional change.
“However, it is unfortunate that he is unwilling to debate the amendment on the House floor, denying Kansans an opportunity to have a say on how their tax dollars are spent,” Wagle, from Wichita, and Denning, from Overland Park, said in a joint statement.
GOP leaders strongly disagree over funding increases. Backers of the House plan contend its extra spending can be covered by the annual growth in state tax collections. Wagle and Denning argue the state can’t afford it without increasing taxes within two years.
Colyer has told lawmakers they shouldn’t raise taxes, and lawmakers in both parties don’t want to do that anyway.
Democrats do not believe that either the House plan or the Senate plan would satisfy the Supreme Court.
The Senate GOP leaders’ demand for passage of a constitutional amendment first drew the public support from Secretary of State Kris Kobach, who is trying to unseat Colyer in the Republican primary in August.
While the House committee approved a proposed amendment, its 12-10 vote showed that supporters will struggle to get the necessary two-thirds majorities in both chambers to submit the measure to voters as planned in November. Reflecting on the ultimatum from Wagle and Denning, Ryckman said passing an amendment requires “time and a lot of deliberation.”
“I’m not sure they understood that when they made their statements,” said Ryckman, from Olathe.
Colyer and legislators in both parties have worried that missing the April 30 deadline or failing to pass an education funding plan acceptable to the court could shut down schools.
The court’s October ruling came in a lawsuit filed in 2010 by four school districts, and justices previously have threatened to keep the state from distributing its dollars to schools through a finance system they deem unconstitutional — keeping schools closed until the problems are fixed.
The constitutional amendment approved Wednesday by the House committee would strip the courts of the power to declare the state’s total education funding inadequate in the future, leaving that issue to the Legislature. The courts still could rule on whether funds are distributed fairly, however.
Republicans have the necessary supermajorities in both chambers to pass an amendment, but conservatives and moderates are split over it. Democrats strongly oppose such measures, seeing them as an attack on the courts and public schools.
—————-
TOPEKA, Kan. (AP) — The Latest on the Kansas Legislature’s debate over education funding (all times local):
The Kansas Senate’s top two Republicans have dropped an ultimatum that lawmakers move to curb the power of the courts before increasing spending on public schools.
Senate President Susan Wagle of Wichita and Majority Leader Jim Denning of Overland Park said Wednesday that their chamber will debate an education funding plan Thursday.
Wagle and Denning had said the Senate would not consider any plan until lawmakers put a proposed constitutional amendment on the ballot to strip the courts of their power to declare the state’s total education funding inadequate.
But House Speaker Ron Ryckman Jr. of Olathe said his chamber would not debate such an amendment this week.
The Kansas Supreme Court ruled in October that the state’s current funding of more than $4 billion a year was insufficient.
___
5:55 p.m.
A Kansas House committee has approved a proposed state constitutional amendment to limit the courts’ power to decide education funding questions.
But the Judiciary Committee’s 12-10 vote Wednesday showed supporters will struggle to get the two-thirds majority necessary to pass the proposal in the full House.
The measure would strip the courts of their power to determine whether the state’s spending on education is adequate and leave the decision to legislators.
The Kansas Supreme Court ruled in October that the state’s current education funding of more than $4 billion a year is not sufficient under the state constitution.
The House has passed a plan to boost education funding. But top GOP leaders in the Senate have said they won’t consider any increase until a constitutional amendment goes on the ballot.
___
TOPEKA, Kan. (AP) — Republican Gov. Jeff Colyer endorsed a Kansas House plan Wednesday that would increase spending on public schools by roughly $520 million over five years but that is being blocked by GOP state Senate leaders.
The House’s bill is a response to a Kansas Supreme Court ruling in October that the state’s current spending of more than $4 billion a year is not sufficient under the state constitution.
“On a dollar figure, I think the House bill is a good place that could help solve this issue,” Colyer told reporters.
Colyer spokeswoman Kara Fullmer later said the governor would sign the House bill if lawmakers sent it to him.
Senate President Susan Wagle, of Wichita, and Majority Leader Jim Denning, of Overland Park, do not plan to allow a debate on the House plan.
They said Tuesday that they do not believe the state can afford the higher spending without raising taxes within two years. House members backing the plan argued that its costs can be covered through the annual growth in state revenues.
Wagle and Denning also said the Senate would not debate any school funding plan until legislators first put a proposed constitutional amendment on the ballot to curb the power of the courts to decide future education funding issues.
But Colyer has said repeatedly that lawmakers should approve a plan aimed at satisfying the court before taking an annual 2 ½-week spring break scheduled to start Saturday.
The House Judiciary Committee was considering a proposed constitutional amendment that would strip the courts of their power to declare the state’s total spending on public schools to be insufficient.
Kansas has been and out of education funding lawsuits for several decades, and the last one was filed in 2010 by four local school districts. The Supreme Court has issued multiple rulings forcing lawmakers to increase spending, and GOP conservatives have sought regularly to amend the state constitution, without success. An effort by conservatives to oust four of the seven justices in the 2016 elections also failed.
Both houses must pass a constitutional amendment by two-thirds majorities to put it on the ballot for a statewide vote. Republicans have the necessary supermajorities in both chambers, but conservatives and moderates are split over an education funding amendment. Democrats strongly oppose such measures, seeing them as an attack on the courts and public schools.
Today Sunny, with a high near 69. South southeast wind 6 to 11 mph becoming north northwest in the afternoon.
Tonight Partly cloudy, with a low around 33. East northeast wind 10 to 14 mph.
Friday A chance of rain before 9am, then a chance of rain and snow between 9am and noon, then snow likely after noon. Cloudy, with a temperature rising to near 37 by 8am, then falling to around 30 during the remainder of the day. Breezy, with a north northeast wind 15 to 23 mph, with gusts as high as 36 mph. Chance of precipitation is 60%. New snow accumulation of less than one inch possible.
A cold front will move across western Kansas on Friday. Highs on Friday will occur early in the day with temperatures falling during the afternoon as gusty north winds at 20 to 30 mph develop. There will also be a chance for snow during the day on Friday. #kswx pic.twitter.com/W6aGt67Jjz
— NWS Dodge City (@NWSDodgeCity) April 5, 2018
Friday Night Cloudy during the early evening, then gradual clearing, with a low around 12. Wind chill values as low as 4. North wind 13 to 18 mph decreasing to 6 to 11 mph after midnight.
SaturdayMostly sunny, with a high near 42. North northeast wind 6 to 11 mph becoming south southeast in the afternoon.
Saturday Night A chance of sleet between 1am and 2am, then a chance of freezing rain after 2am. Mostly cloudy, with a low around 27. Chance of precipitation is 30%.
Sunday Partly sunny, with a high near 59.
KANSAS CITY, Kan. (AP) — A Chinese national who lived in Manhattan, Kansas, was sentenced to 10 years in prison for conspiring to steal proprietary rice seeds developed in the U.S. and giving them to visitors from China.

Federal prosecutors announced Wednesday that 51-year-old Weiqiang Zhang was sentenced for two counts of conspiracy and one count of interstate transportation of stolen property. He was convicted in February 2017.
Zhang was a rice breeder for Ventria Bioscience in Junction City, Kansas, which developed genetically engineered rice for therapeutic and medical fields.
Prosecutors said Zhang stored hundreds of seeds from Ventria at his home. In 2013, Zhang toured facilities in the Midwest with officials from a crop research institute in China. Federal officials found Ventria seeds in the visitors’ luggage as they prepared to return to China.