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Vol. 157, No. 289©2011 The Daily Citizen
“ ”Our ideals are
our better selves.AMOS BRONSON ALCOTT
19th Century American teacher, writer and philospher
Contact us: 3000 E. Race, Searcy, AR 72143, (Phone) 501-268-8621, (Fax) 501-268-6277
NATION & STATE, 2A OPINIONS, 4A LIFESTYLES, 5ACALENDAR/OBITUARIES, 6A SPORTS, 1B CLASSIFIEDS, 5B
I N D E X
LOCAL CHURCH’S LIVING NATIVITY OPENS
The Yarnell’s recipes that Arkansans grew up loving will soon be manufactured again, as the Chicago-based Schulze & Burch Biscuits, which has a Searcy facility, does have all of the recipes for the Yarnell’s original ice cream and the Guilt Free products.
Searcy Chamber of Com-
merce president Buck Layne said he has spoken with representatives from Schulze & Burch and they said that the company will manufacture ice cream again under the Yarnell’s name. The company pur-chased the necessary prop-erty — which includes real and intellectual — to make the ice cream on Wednes-day for $1.3 million.
“They do plan on making ice cream out of the Yarnell’s plant,” Layne said.
S&B Biscuits has all company recipes, intellectual property
Schulze & Burch
■ Chicago-based com-pany
■ Opened Searcy plant in 2009
■ Has recipes, trade-mark for Yarnell’s ice creamto
reopenPlease see REOPEN | 2A
Molly M. Fleming/[email protected]
The congregation at the First Assembly of God in Searcy dressed in layers to be part of the city of Bethlehem Thursday for the church’s annual Living Nativity. Shirley Hughes of Searcy helps Desha Duke of Bald Knob with her out-fit while Cheyenne Swift of Searcy watches, above.
Molly M. Fleming/[email protected]
Elizabeth Anderson of Bald Knob helps her sis-ter, Isabella, get dressed to be in the Living Nativity at First Assembly of God in Searcy, right. The Liv-ing Nativity will be held to-day, Saturday and Sunday from 6:30 p.m. to 9 p.m. in the area adjacent to the church. It will be held again on Dec. 8-11 at the same time.
The city of Searcy will bring the Christmas spirit down the streets on Saturday during the city’s annual Searcy Aglow Pa-rade.
The parade will start at 6 p.m. at Spring Park, circle the court square and enter onto Race Street and then end at Berryhill Park.
Lillie Cook in the mayor’s of-fi ce said there is no registration requirements for the parade.
“If people want to be in the parade, they just need to show up at the corner of Spring Street and West Pleasure Street,” Cook said. “The line up will proceed back to Mulberry Avenue and then continue west on Mulber-ry.”
Searcy paradeWhen: Saturday at 6 p.m.Where: Starts at Spring
Park, ends at Berryhill ParkTo be in the parade: Line
up near Spring Park
Searcy hosts Christmas
parade Saturday
Free entry, no registration
requiredBY MOLLY M. [email protected]
Please see PARADE | 2A
BY ANDREW DEMILLOAssociated Press
LITTLE ROCK — Arkansas’ fi -nance offi ce said Thursday that the state will see a slight increase in its revenues next year, fi gures that indicate the state won’t see much change in its budget be-yond an increase in school fund-ing that Gov. Mike Beebe is ex-pected to propose in January.
The Department of Finance and Administration said in its forecast for the fi scal year that begins July 1 that Arkansas will bring in $4.7 billion, which is $161 million more than it is ex-pected to bring in this fi scal year.
Gov. Mike Beebe is expected to release his balanced budget pro-posal for the coming year on Jan. 17, but Thursday’s fi gures offer a glimpse of what to expect in next year’s budget talks.
Even though revenues are ex-pected to rise, Thursday’s fore-cast fell $121.3 million short of the department’s prediction last year the coming fi scal year. Richard Weiss, the department’s director, said the change repre-sents concerns about the eco-nomic recovery. The revision
Revenue predicted slightly up next year
Please see BUDGET | 2A
BY JEANNIE NUSSAssociated Press
LITTLE ROCK — The Arkan-sas Supreme Court agreed on Thursday to speed up a lawsuit challenging the way the state executes its inmates.
It granted the state’s request to expedite the case, which cen-ters both on what drugs are used to put prisoners to death and over who has the authority to set Arkansas’ execution policy. The issue came to the Supreme
Court after a lower court judge ruled that part of the lethal in-jection law is unconstitutional.
The state’s highest court of-fered little insight into how
quickly proceedings will unfold. But Attorney General Dustin McDaniel’s offi ce was glad to hear the news.
“This is an important case,
and we are pleased that the jus-tices agreed to expedite their re-view,” spokesman Aaron Sadlersaid in an email.
Defense attorneys contendthere’s no need to rush the case,and Arkansas has no pendingexecutions — in part because ofthe unresolved lawsuit. A mes-sage left at the federal publicdefender’s offi ce was not imme-diately returned Thursday.
Court speeds up review of execution policy“This is an important case, and we are
pleased that the justices agreed to expedite their review.”
Aaron SadlerSpokesperson for the office of Attorney General
Please see COURT | 2A
BY MOLLY M. [email protected]
CitizenDailyThe
AUTHOR TAKES IN HARDING TRADITION
Serving Searcy and White County, Ark., since 1854
FRIDAY, DECEMBER 2, 2011 75¢
The Harding University a capella National Anthem will be in an Atlanta author’s book. — PAGE 1B
CHRISTMAS HOMES TOUR SET FOR SUNDAYCheer will abound as locals visit homes decorated for Christmas and contribute to a good cause. — PAGE 3A
TheDailyCitizen.com
Layne said the chamber of commerce is pleased with the outcome of this sale.
“This purchase will be an extension of what Schulze & Burch is already doing in Searcy,” Layne said. “I don’t know how this could have gone any better for our community than if the original bid (for the bulk property) could have been accepted. I think the people of Searcy will be thrilled to death with the outcome.”
The ice cream that will be made by Schulze & Burch will be the Yarnell’s recipes, as both men who originally had the winning bid for the recipes and one trademark were not able to purchase the recipes and trademark at the end of the day.
David Davison of Mar-shall had the highest bid for the Yarnell’s recipes during the auction, but was unable to take the recipes home.
“I paid for all of my stuff, and when I went to get the recipes, the auction-eer went and talked to the (Yarnell’s) trustee to tell him I was there to get the recipes, and that’s when
the trustee told me there was no sale,” Davison said. “I was fairly disgusted with the situation.”
Davison said he was upset that he was not told earlier that he would not be able to purchase the recipes, even though he was the highest bidder.
“When I won the reci-pes, the trustee was stand-ing right there, he could have said there was no sale at that time (like he did when the bulk pur-chase of $1.4 million was refused). He did not fol-low the same procedure during the day,” Davison said. “The methods that were employed in the sale were less than proper.”
Davison said he hasn’t decided if he will pur-sue legal action to get the recipes, or if legal action is even an option.
“(Legal action) is defi -nitely something I’m ex-ploring,” he said. “If I
would have known that I wouldn’t get to go home with the recipes, I would have taken my money and invested in somewhere else during the auction.”
Jeff Holtz of Creamery Concepts LLC in Searcy purchased the trademark and recipes for the Guilt Free line of Yarnell’s prod-ucts. He said a similar situation happened to him — he went to pick up his purchase and he was told the sale wasn’t fi nal.
“They did give me the opportunity to bid higher on both items, but I didn’t want to do that,” Holtz said. “Nothing ever ex-changed hands as far as
property was concerned.“I was a little surprised
by the outcome because I thought it was a done deal.”
The Yarnell’s trademark was also included in the property purchase on Wednesday. Rogers Yar-nell won the trademark in the auction but it was later included in the purchase by Schulze & Burch.
As to when the Schulze & Burch company plans to start putting ice cream back on grocery store shelves is still unknown. A representative from Schulze & Burch could not be reached as of press time on Thursday.
The Daily Citizen corrects factual errors promptly and courteously. If you have a correction or clarifica-tion, please call Editor Jacob Brower at (501) 268-8621 or e-mail him at [email protected].
Corrections
Marisa Lytle/[email protected]
Road department workers mow ditchesDavid Lutner of the White County Road Department mows ditches along Mitchell Road on Thursday. The Road Department is responsible for maintaining and improving the county’s paved roads, unpaved roads and bridges.
REOPEN: Yarnell’s trademark included in property purchase WednesdayCONTINUED FROM 1A
There is no competi-tion for the parade fl oats or those participating, and there is no decorative theme.
“The only thing we ask is that people have lights on their fl oat and that they play Christmas mu-sic, which could simply be a CD in someone’s ve-hicle,” Cook said.
Cook said there are a couple of rules that the city asks participants to follow.
She said they ask that the fl oats do not have Santa Claus.
“We really want to just have one, which will be at the end of the parade,” she said. “If there are more than one, the chil-
dren get a little confused.”Parade organizers also
ask that parade partici-pants not throw candy from their vehicles. Cook said that because the pa-rade is at night, small children may not be seen when they go to get the candy on the streets.
“People are more than welcome to walk down the street and hand out candy, though,” she said.
The parade has been a long-standing holiday tradition for the city, dat-ing back to when the city once hosted a holiday festival in the downtown area.
For more information about the parade, people may call Cook at Searcy City Hall at (501) 268-2483.
PARADE: Children may get confused if more than one float has Santa Claus, Cook says
CONTINUED FROM 1A
also factored in $35 mil-lion in tax cuts that law-makers approved earlier this year.
“There are lots of clouds out there and there’s a lot of headwind out there that we’re very concerned about,” Weiss said.
Beebe said Wednesday that he expects to recom-mend an increase in fund-ing for public schools, but
most other agencies’ bud-gets will remain relatively fl at. The Legislature con-venes for the fi scal session on Feb. 13.
Weiss provided few details about the budget proposal, but said that there was little room for growth outside of needs for schools, prisons and the state Medicaid pro-gram.
“When you get outside of those areas, it’s pretty
much going to be fl at or less,” Weiss told report-ers.
Beebe has said he doesn’t expect to pro-pose another cut in the state sales tax on grocer-ies. Proposing a tax cut during the fi scal session, which is intended to focus on budget matters, would require a two-thirds vote in both chambers to be considered. Next year’s fi scal session will be the
second under a constitu-tional amendment voters approved in 2008 requir-ing the Legislature meet annually rather than every other year.
Arkansas’ current $4.6 billion budget increased funding for schools and prisons and kept state workers’ salaries fl at after Beebe agreed to drop a cost-of-living raise in or-der to pay for additional tax cuts.
BUDGET: Beebe expects to recommend increase in school fundingCONTINUED FROM 1A
Lawyers for the in-mates argue that drugs not approved by the fed-eral government could cause unnecessary pain and suffering to inmates as they’re executed. The defense attorneys also say lawmakers did not have the authority to transfer supervision of execution policies from the Legislature to the state’s correction depart-ment in 2009.
Pulaski County Circuit Judge Tim Fox struck down a portion of Ar-kansas’ execution law in August, ruling that the state went too far when its list of drugs approved for use in lethal injections included the phrase “any other chemical or chemi-cals.”
Arkansas last executed an inmate in 2005. Gov. Mike Beebe set dates for several executions for last summer, but the state Supreme Court stayed them.
Even if another execu-tion were set, the state
wouldn’t be able to carry it out without fi nding another supplier for its lethal injection drugs or switching to a different drug since it turned over its supply of a drug called sodium thiopental this summer amid questions over how the state ob-tained it.
Sodium thiopental, a sedative used in lethal-injection drug cocktails, has been hard to come by since its sole U.S. manu-facturer stopped making it. That shortage prompt-ed Arkansas and other death-penalty states to turn their attention to suppliers overseas.
The U.S. Drug Enforce-ment Administration then seized stockpiles of the drug from several states, including Geor-gia, Alabama, Kentucky, South Carolina and Ten-nessee.
In July, the Arkansas Department of Correc-tion surrendered its sup-ply of the lethal-injection drug that had been pur-chased from a British company.
COURT: Shortage of lethal injection drug caused Arkansas, other states to look overseas
CONTINUED FROM 1A
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Page 2A • Friday, December 2, 2011 The Daily Citizen
FROM PAGE ONE
