The Courier-Journal from Louisville, Kentucky • Page 1

wife 7J LOUISVILLE, TUESDAY MORNING, JULY 1972 TO PAGES 10 CENTS VOL. 23.1. "0. 4 U.S. judge strikes down federal mine sa fety rules iX fffrtsrf' via involved in Finley case cuit Court of Appeals in Cincinnati.

One attorney involved in the case, who asked not to be quoted by name said the case may be postponed "three or four months" awaiting the appeal decision. "It renders us unable to prosecute under some counts," said Asst. U.S. Atty. Eldon Webb, the government's chief prosecutor in the Hyden case.

Defense attorneys former Gov. Bert Combs and Edward F. Prichard Jr. of Frankfort, reserved comment on the ruling until it is filed in written form. Hermansdorfer explained that he would further develop the ruling today and will file a completed version of it tomorrow to expedite the appeal process.

Hermansdorfer's oral opinion, delivered in open court, held that Sections 862 to 878 of the U.S. Code, entitled, "Improved Mandatory Safety Standards," are invalid because the secretary did not follow the mandate of Congress in failing to meet with governmental agencies and Sec COURT Back page, col. 1, this section The trial of Finley, of Manchester, and the Finley Coal on 24 counts of violating the mine safety law was set to begin tomorrow but was continued indefinitely after Hermansdorfer's ruling. Attorneys in the case yesterday were unsure what the judge's opinion means to enforcement nationwide of the mine safety law. U.S.

Atty. Eugene Siler said, after a closed-door conference in the judge's chambers, that the ruling is "the law" in the Eastern District of Kentucky unless it is reversed on an appeal to a higher court. Siler said the ruling probably would set a precedent nationwide if there are similar cases pending, at least until the ruling is either upheld or reversed by a higher court. Siler also said, "The ruling has in effect dismissed at least some counts of the indictment, those concerning non-per-missable explosives and excessive coal dust." Siler said his office will immediately appeal the decision to the U.S. Sixth Cir By FRANK ASHLEY Courier-Journal Staff Writer LEXINGTON', Ky.

A federal judge yesterday struck down coal mine safety regulations devised by the U.S. Secretary of the Interior in 1970 to carry out provisions of the Federal Coal Mine Health and Safety Act of 1969. U.S. District Judge If. David Her-mansdorfer acfc'd on a motion in the case involving the December 1970 disaster in a Hyden, mine owned by Charles Finley and the Finley Coal Co.

The judge held that the current underground mine-safety rules and regulations promulgated by former Secretary of the Interior Walter J. Hickel are invalid since the secretary did not consult with other government agencies and with coal interests before adopting the safety standards, as the federal law provides. Hermansdorfer's opinion came unexpectedly -after a pre-trial conference in Lexington during which defense attorneys and the prosecution met to lay ground rules for the trial of the owners of the ill-fated mine. 3 Associated Press E. ANN HOEFLY, the Air Force's chief nurse, gets a kiss from Gen.

Alonzo Towner, Air Force surgeon general, after she was promoted to general yesterday in Washington. Gen. Hoefly is the first woman in the Air Force medical service to reach flag rank. Bussed U.S. judge upholds Democratic panel on California primary, Daley ouster Office deficit 'norma 1' Hamilton tells judges office, jail both in debt Court of Appeals for a hearing and decision today.

No matter how that court rules, the ultimate decision in both instances will be made by the Democratic National Convention when it meets in Miami Beach next Monday. All the parties are anxious for a favorable ruling, however, because a high court had won in that state's winner-take-all primary. In the Chicago decision. McGovern gained at least 41 and perhaps 50. The McGovern delegates from California were unseated by the Credentials Committee last Thursday when it decided that the state should not have conducted its presidential primary on a winncr-take- UM recalling General Motors has announced a recall of 500,000 Chevrolet Vegas built in the last two years because of defective rear axles Page A 4.

7,000 Protestants give in Seven thousand club-wielding Protestants back down after a tense four-hour confrontation with a massive display of British military muscle in Belfast Page A 6. Racing funs robbed Two men commandeer a busload of fans on the way to a Delaware racetrack and rob them of $3,413 Page A 13. Amusements A 44-47 Around Kentucky A 30 Deaths 3-4 Editorials A 16 Financial 9-10 Sports 5-8 Today's Living A 21-26 Kentucky's Democratic rarty chairman doesn't think Sen. McGovern trill get the nomination on Vie first ballot rage A 36. From New York Times, L.A.

Times-Washington Post Service and AP Dispatches WASHINGTON A federal district judge yesterday upheld the Democratic Credentials Committee's actions in depriving Sen. George McGovern of 151 to 153 of the delegates he won in California and in unseating Mayor Richard J. Daley and 58 other Chicago delegates. Judge George L. Hart Jr.

held in both politically sensitive cases that the credentials panel had not committed any unconstitutional acts that warranted court intervention. He emphasized the reluctance of the courts to enter "the political thicket" of such decisions. Hart ruled that the committee had been within its fights in unseating the Daley delegation, but he declined to say whether its replacement by a largely pro-McGovern contingent, chosen in unofficial caucuses, was legal. Both cases will be carried to the U.S. As his office explains it, the jail was $500,000 in debt as of April 1, and was about 5565,000 in debt as of June 26, the date of the last entry in the semiannual report.

The sheriff's office, on the other hand, was about $40,000 in the black as of April 1, but since has fallen about $150,000 into the red, Hamilton's office said. However, his office explains that the drop is normal, pointing to sheriff's office records of last June 30, which show a deficit of $193,000. "Our tax money comes in in October and November, and we'll jump to more than $100,000 in the black in the sheriff's account," a financial official in Hamilton's See SHERIFF Back page, col. 6, this section By RICK NORTHERN Courier-Journal Staff Writer Jefferson County Sheriff Allen Hamilton yesterday reported to a semiannual meeting of Jefferson Circuit Court judges that the jail and the sheriff's office are collectively $715,000 in debt. Last week Hamilton released figures to The Courier-Journal that indicated the jail, as of April 1, was $500,000 in the red.

Both the $715,000 and the $500,000 figures, according to Hamilton's office, are correct. The additional deficit in the semiannual report, his office says, is caused by a large red-ink figure in the sheriff's office over the past three months. Hamilton is responsible for two separate operations the jail and the sheriff's office, which collects personal property and real estate taxes. decision would be a powerful weapon in convention debate, even if it. did not directly control the delegates' final resolution of the cases.

McGovern's prospects for a first-ballot victory hang on the California decision, and, to a lesser extent, on Illinois. In the California credentials decision, he lost 151 to 153 of the 271 delegates he Acti ve con venti I i I i el all basis. Most of the deposed delegates were replaced by delegates committed to Sen. Hubert Humphrey. Only two weeks ago, in an earlier action, Hart had ruled in favor of the Daley delegates, holding that they could not legally be rejected because blacks, women and young people were excluded.

That ruling was immediately reversed by the U.S. Court of Appeals, because at that time the Credentials Committee had not ruled on the Illinois case. Yesterday Hart ruled against the Daley delegates, saying that even if the Credentials Committee had no right to require more blacks, women and young people, it was within its rights in rejecting the Daley delegates for using closed slate-making procedures. At the same time. Hart reissued his order of two weeks ago, saying that no slate of delegates can be barred by the Credentials Committee solely for failing to contain the proper number of blacks, women or young people.

The legal effect of that action upon other credentials cases was unclear yesterday. Like the rest of Hart's ruling, it will be reviewed by the appellate court today. In the California case, both sides agreed that the Credentials Committee could supercede state election laws so long as it did not act unconstitutionally in doing so. Attorney Joseph L. Raugh representing the unseated McGovern delegates, argued that the 1963 Democratic conven- See DEMOCRATS' Back page, col.

5, this-section cM Wallace's political plans arc an enigma that will affect the presidential race ist has been virtually mute about his plans, while his spokesmen were publicly restricting themselves to the traditional generalities of national politics. Consequently, the questions raised overwhelmingly outnumber the answers provided. And with the Democratic National Con- that the next two weeks a span that includes his release this Friday from the hospital and his presence in Miami during the convention represent for him a highly critical political period. "What you've got here is George coming to grips with his political ambitions See WALLACE'S Back page, col. 1, this section rf I' ill' 7'fSx fit- tf-' IScus analysis By JAMES T.

WOOTEN New York Times News Servica SILVER SPRING, Md. To the doctors and nurses and orderlies at Holy Cross Hospital, he is the model patient, a Southern gentleman who jokes and laughs and winks despite his pain and suffering. To his family and the few close friends allowed to see him, he is as shrewd and as sharp as ever, still the strategist, still the schemer, still the constant debater who dearly loves a good harangue and desperately hates to lose one. But to the American public, that mass of citizens who either adored him or abhorred him but always believed they understood him, Gov. George C.

Wallace and his plans for the future have become a fascinating, ever-deepening mystery. In the seven weeks since he was gravely wounded, the 52-year-old segregation vention now but a week away, the uncertainties seem even more sigificant. Nevertheless, from conversations with long-time friends and political associates who demanded anonymity, it is possible to construct certain potential scenarios and to suggest some possible developments in the life and career of the three-time presidential candidate. One firm consensus that emerged was Fourth he Id may a cr par Associated Press ft fc "WW, i i A Ford on llie mend Furnished by the National Weather Service lOUISVILLE area-Portly cloudy and mild with little change in temperature today. High upper 70i, low in the 60s.

Rain chances 10 per cent through tonight. KENTUCKY Cloudy and mild with showers and scattered thundershowers today. High today upper 70s to low 80s, low upper 50s to mid 60s. INDIANA Mostly sunny in the north and part- ly cloudy in the south today, becoming fair and cool tonight. High today in the 70s, low in the 50s.

High yesterday, 85; low, 70. Year Ago Yesterday: High, 86; low, 64. Sun: Rises, sets, 9:10. Moon: Rises, 1:03 a.m.; sets, 2:43 p.m. Weather map and details.

Page A 33. KENTUCKY Gov. Wendell H. Ford smiles as he reads get-well cards with his nurse, Mrs. Thelma Ward, yesterday at Methodist Hospital at Houston, where he is recovering from arterial surgery.

The governor is expected to be released from the hospital about mid-week and plans to attend the Democratic National Convention July 10 at Miami Beach. (Story, Page A 30.) 1 Chess? Yes! $130,000 added to prize money, Fischer agrees to play A 'hi 2 i i i f. -i Slater, have removed the element of So Bobby felt he had to accept. His pride. He couldn't go down as a coward." Slater, chairman of Slater Walker Securities, proposed several deals.

In one, all $130,000 would go to the winner, raising the winner's prize to S208.000. However, Fischer took the deal tn double the original prize money for the match, which stands at S125.000. The winner would get $156,000 and the loser $104,000, splitting the extra prize money in the same percentage as the original purse. William Lombardy, a New York City aboard the plane a half-hour before the scheduled 9:30 p.m. EDT take-off.

It was not explained why the plane was a half-hour late getting into the air. The offer of 50,000 pounds ($130,000 at official parity) came yesterdav morning from James D. Slater, a 43-year-old chess-playing investment banker" whose personal fortune is estimated at more $6 million. Slater said he uanhd to "remove the problem of money from Fischer and see if he has any other problems." "The money is mine," Slater said. "I like chess and have played it for years.

want to see this match and everything has been arranced. If Fischer does not go to Iceland, many will be "What I'm saying to Fischer now is, 'Come out and Slater said in making the offer. Fischer's lawyer, Faul Marshall, said he called Fischer as soon as he got word of the offer and it took Fischer about six hours to decide. "Fischer thought the offer was incredible and generous and brave," said Marshall. "His only negative comment was that he felt the English were assuming the Icelandic responsibility." Fischer accepted after he had requested and received a two-day postponement of the match.

Why did Fischer accept? "The offer was couched in a way he couldn't refuse," said Marshall. "It said, 'If he isn't afraid of Spassky, then Jim Prom New York Times and AP Dispatches NEW YORK "I gotta accept it. It's a stupendous oifer!" That is how American chess star Bobby Fischer is reported bv his lawver to have reacted to an extra Sl.30.000 offered yesterday by a Lriti.h banker if Fischer would show up in Iceland and play the title holder. Russian Boris Spassky, in a world-championship match. Fischer left for Iceland from Kennedy Airport about 10 p.m.

lat night. He had just 10 hours to make the five-hourflight and prepare himself for the noon (8 a.m. TSDT) Headline for the start of preliminary activities before beginning the match in Reykjavik with Spassky. The 29year-old Fischer was sneaked Asso-ciafed Press Man must eat as ivcll as f'v'ht SOUTH VIETNAMESE peasants continue to tend their rice paddies, undisturbed by an army tank and a truck heading up Route 1 north of the old imperial capital of Hue. The vehicles were bound for the My Chanh defense line that guards the former capital.

(War story. Page A 6.) I 1 See $130,000 Back page, coL 2 this section.