
“Final hearing on an injunction protecting several Otway trees from the ax was in progress today in Common Pleas Court.”
“Judge James E. Kinnison of Jackson County resumed hearing of testimony Monday on the injunction granted last May 4 to 10 village landowners.”
“The plaintiffs want the injunction made permanent. Otway village officials want it dissolved.”
“The land owners complained that a famous old maple planted in memory of the only Otway soldier killed in World War I was cut down by the State Highway Department at the request of the Village Council.”
“They said Council entered into a contract with the state for removal of other large shade trees along Route 73 in the village and that the action started without condemnation proceeding on property involved.”
“Council for the Mayor Harley Thatcher and other village officials contend that the action was taken under a State Highway Department project to widen Route 73 and install curbs in the village to relieve a traffic problem.

“They content that Council has sole authority to maintain or authorize improvements to streets within in the village and that the clearing of trees is necessary under the proposed improvements.”
“Property owners are represented by Attorneys Laurence M. Kimble and Ralph A. Stevens. The village officials are represented by Attorneys Chester P. Fitch and Lee O. Fitch.”
“The injunction over which both legal and political disputes now exist came too late to save a tree planted in front of the Christian Union Church at Otway in commemoration of Elvin Hazelbaker, only village resident killed in World War I.’
“Only one member of the present Council, Mima Hockaden, is seeking reelection Tuesday. Mayor Thatcher and Clerk Myrtle Box, defendants with the councilmen also are retiring from office.”1