KELLOGG - In a gesture of defiance aimed at the Kellogg City Council, local veterans lowered the Tree City, U.S.A. flag at Kellogg City (Memorial) Park Wednesday afternoon and raised an American flag in its stead.

Using a mechanical man-lift supplied by Dave Smith Motors, Darren Arave and Ray Routh floated high above the park. They unwrapped the rope from its cleat, took down the controversial Tree City standard and hoisted the stars and stripes.

Happy to see the white flag removed, a small crowd of spectators clapped and cheered.

"To me, it's kind of a matter of the city trying to make a point, rather than trying to be Americans," said Dave Smith Motors President Ken Smith, who volunteered the use of his company's equipment. "Just didn't think it was right. They're not making any friends by taking the American flag down in this town."

When asked if there would be legal ramifications, Smith replied, "I don't know, but I don't care. There's some things in life you have to stand up against."

Many of the veterans were impressed by Smith's actions - he had

rallied to their side, and they were grateful.

"It validates what we did," said veteran Lee Haynes. "That a civilian would say, 'Hey, I care enough for what you did, that I'm gonna step up and help out.'"

However, according to Kellogg Police Chief Dave Wuolle, the veterans' actions were illegal. Tampering with the Tree City flag is considered trespassing, he explained, because the flag pole is owned by the city. Charges could be forthcoming, Wuolle said.

"It's unfortunate. Very unfortunate that it had to result in someone breaking the law," he said.

As of Wednesday evening no charges had been filed. The American flag was removed from the pole before nightfall, in accordance with United States code.

Also on Wednesday, veterans and citizens delivered a petition of recall to the city of Kellogg. The petition, signed by 20 Silver Valley residents, calls for the removal of all six city council members and Mayor Mac Pooler.

According to Kellogg City Clerk/Treasurer Terry Sharp, the petition was formally submitted, but must now be verified by Shoshone County. If the petition is approved, the veterans will have to collect many additional signatures - at least 20 percent of the eligible electors in the last general election, Sharp noted.

If those signatures are compiled, the recall election (in which voters could choose to remove the council and mayor) would not occur until August or November of this year.

"It's very involved, it's very time-consuming and it's costly," Sharp said of the recall process. "The taxpayers are footing the bill on this."

Approval of the recall petition is pending.

The flag pole controversy reached a boiling point when the city of Kellogg repositioned the decades-old Veterans Memorial and re-raised the Tree City flag. Angry and vociferous, local veterans groups staged a rally to protest the move, and assembled in force at a Kellogg City Council meeting earlier this month.

As recent events have made clear, the controversy will not be ending anytime soon.