The Courier-Journal from Louisville, Kentucky • Page 2

vSMiiniiiHiuoiis A 2o HIE COIHIIK JOIH.WL TIMES? TIExDAl, JILV 4, 1972 Wallace's plans unknown as convention draws near Democrats' decisions upheld by LIS. judge mittee lawyer, had argued that the injunction proceedings in the Illinois court could frustrate Hart's ruling unless the judge blocked a state court action. Besides adopting the compromise to the Rhode Island challenge the Credentials Committee yesterday rejected br voice vote a challenge to the 64-membcr North Carolina delegation. The challengers argued that youths were under-represented because they made up only 7.8 per cent of the delegation but 20 per cent of the population. McGovern held a runaway lead in delegate strength.

The California credentials battle, in court and later on the convention floor, is likely to determine whether he can convert it into a first-ballot nominating majority. That would take 1.509 votes. According to an Associated Press count of delegate strength, these were the totals for the leading candidates yesterday: McGovern 1,281.9 Humphrey 498.55 Ala. Gov. George Wallace 381 Muskie 225 There were 457.9 uncommitted 4 xj, r.JVi tarn Continued From Page One and his physical limitations." one old friend reasoned.

"If he's anything at all, he's a realist, and I think he will be finding out some very important things about himself and about his career." His physical condition is, of course, a basic factor in finding answers to any of the questions being asked about him. Paralyzed from his waist down, the once vigorous governor is now confined to his hospital bed, a wheel chair and heavy leg-braces. He has no control over his bladder or bowel functions and, despite bis doctors' assessments of "steady progress," there are several authoritative reports that he can expect to have to deal with those problems permanently. "It's less than a 50-50 proposition that he will ever regain normal use of his body," Dr. J.

Garber Galbraith, one of the neurosurgeons who helped remove a bullet from his spinal column, said recently. It was clear that during his convalescence the public was not given a complete picture of the wounded candidate's condition. From the afternoon he was shot, the pattern was unmistakably one of optimistic projections, however inaccurate. Will appear at convention Whatever the reasons for the obfusca-tions a concern on the part of Wallace's allies for his psychological and emotional well-being or a response to the politics of presenting a campaign and a candidate in the best possible light it now seems clear that the governor is out of immediate danger and has in fact begun to take an active hand in the Democratic nomination process. He has, for instance, dealt on a regular daily basis with agents who, in turn, were in contact with those delegates committed to Wallace and serving on the party's platform or credentials committees.

He helped write and edit the draft of a speech given by Taylor Hardin, a member of his staff, to the Platform Committee and later directed, again through his emissaries, his delegate's activities in the crucial California and Chicago credentials controversies. Moreover, it was announced last Friday that he has no intention of simply sitting in his hotel suite in Miami Beach. He is to host a recepton on Saturday night to which all delegates have been invited, and there are now indications that he will make an appearance at the convention itself, despite the fact that such an event goes against convention traditions. Beyond the drama of such an appearance, however, is the question of his role in the nomination of the candidates and the framing of the platform, "His position on busing is adamant," Hardin explained this week. "Busing was a highly visible part cf his campaign.

That campaign was successful. He is not going to back down on it now." Wallace has already flatly rejected a compromise statement on busing presented to him by Sen. George McGovern's people, laying the foundation for a later floor fight by bis delegates for a strong, antibusing statement within the platform. Similarly, the governor is not expected to look with much favor on any platform position, including national defense and welfare reform, that does not closely match the views he espoused and expressed during his primary campaign. It also seems unlikely that he will accept wholeheartedly or endorse without reservation the eventual nominees of the party.

In the last weeks of his active campaign, he frequently stated his views on his opponents or possible opponents. Of Hubert H. Humphrey, he said: "He's a clown, one of the country's funniest politicians." Of Edmund S. Muskie, he said: "From what I know about him, he's part of that crowd I've been bucking for years." Of Edward M. Kennedy, he said: "He's one of the really perfect hypocrites.

He's more interested in the vanity of his own prestigious career than he is in doing important things." And of George McGovern, he said: "I think he's a tool of the Communist Party. If he had run on his record, a record not everybody knows, he wouldn't have got one delegate." None of the men who seem to have a chance at the nomination have indicated they would really want Wallace as a running mate. McGovern, the front-runner, has absolutely ruled him out. And Wallace himself has made it clear that even were such an offer made by the eventual nominee, he would not consider it seriously. Wife is an influence "But it's- a different ballgame now," a legislator from the southern section of Alabama said this week.

"You don't know how George is feeling about things these days, and while 'it's probably not going to be offered to him. I wouldn't be surprised if he took it if it was." Regardless of his past participation in a third-party candidacy, many who know him well believe that unless lie and his delegates are actually badly mistreated at the convention, he will avoid an outright bolt of the party. There are many who also believe that the influence of his wife, Cornelia, will Continued From Page One tion, the party's reform commission and the Democratic National Committee had all at one time or another considered the winncr-take-all principle and had decided not to reject it. When the Credentials Committee refused to abide by the results of California's winner-take-all primary'. Raugh.

said, it denied the elected delegates their rights without due process of law in violation of the 14th Amendment. "It might not be cricket, it might even be dirty pool, but is it unconstitutional?" Hart asked during the hearing. Joseph A. Califano counsel for the Democratic National Committee, argued the credentials panel had a right to act as it did. Califano said no constitutional issue was involved.

"Presidential politics that's what is operating at the Sheraton Park," Califano said, referring to the hotel where the committee is meeting. Another dispute was raised before the committee yesterday over the 22 votes McGovern swept in Rhode Island, another winner-take-all primary state, but the committee adopted a compromise offered by McGovern forces and agreed to expand the delegations slightly. The vote was 71-69. The Rhode Island issue was parallel to that in the California case. McGovern rivals had sought to have the Rhode Island delegation carved up in proportion to popular vote showings, too.

While Judge Hart refused to interfere with the unseating of Daley's Chicago delegation, he denied issuance of an order that would have prevented the mayor from seeking an injunction in the Illinois State Courts against the seating at the convention of the challengers to his own slate. Califano, the Democratic National Com- Italian architect's tomb is found under cathedral FLORENCE, Italy (AP) The tomb of Italian Renaissance architect and sculptor Filippo Brunelleschi was reported found yesterday under the Florence Cathedral, whose dome he designed. Brunelleschi was credited with starting Italian Renaissance architecture. He was born in Florence in 1377 and died here in 1446. The tomb was found during digging in the right aisle of the cathedral in search of the ancient basilica of St.

Reparata, over which the modern Duoino was built. An inscription on the tomb said in Latin: "Body of the man of great genius Filippo Brunelleschi, Florentine." 1(A) in Alpine mistmis BERN, Switzerland (AP) Mountain accidents resulted in 160 deaths in Switzerland last year, including those of 47 skiers, officials reported. Associated Press ALABAMA Gov. George C. Wallace flashes a grin and the familiar sign as he is pushed back to his Silver Spring, hospital room after a four-hour trip to his physician's home in nearby Bethesda yesterday.

Reporters learned it was Wallace's second time out of the hospital since he was shot May 15: Sunday he dined with his wife in her hotel room. The man pushing the wheelchair is Alabama State Police Capt. E. C. Dothard, who was wounded by Wallace's assailant.

Court strikes down mine-safety rules involved in Finley case; trial delayed rN Sheriff says Jefferson jail, office in debt Continued From Page One office said. "But until then, we're just paying nut the payroll without taking much in." Questioned about his semiannual report yesterday, Hamilton confirmed the figures but would not comment on them. "I'm going to have to say 'no Hamilton said. "1 haven't done anything wrong, hut it seems no matter hat I say it's taken that way." The sheriff, the county clerk and the circuit court clerk are required by law to submit financial records twice a year to the circuit court judges. Judge J.

Paul Keith Jr. is presiding judge of the current general term. Keith, however, left town shortly after Hamilton made his report, and could not bo reached for comment on it. ISeg your pardon City prosecutor John S. Milliken says charges against three Louisville citizens for participating in a 25-cent jackpot on televised horse races have not been dropped and the trial is scheduled Friday.

The Courier-Journal Times erroneously reported Sunday that the harges had been dropped. OXMOOR 7900 SHELBYVIUE RD. 10 AM-9 PM (Mon. thru Sot.) 425-4800 a year to the day before 38 miners were killed in an explosion in the Hyden mine, requires the Secretary of the Interior to consult with the Secretary of Health, Education and Welfare; the Secretary of Labor, appropriate federal and state agencies and representatives of the coal mine operators and miners before formulating standards under which the law could be administered. Hcrmansdorfer said his ruling does not cover those safety standards set out in the U.S.

Code for which the Secretary of the Interior is given specific authority in the mine safety act as written by Congress. Such provisions include specific approval of roof support plans, ventilation plans and self-rescue (breathing) devices for underground miners. After Hermansdorfer's ruling, opposing attorneys conducted hasty conferences with each other and with the judge in an effort to determine what the decision would mean to the Finley case. No information was made public after the off-the-record conference in the judge's chambers except that the case would be continued until after an Svpcal. After the conference, clerks of the court began an attempt to contact as many of the jurors as possible to prevent them from making the useless trip to Lexington tomorrow for the trial.

The case had been set to begin tomorrow at 10 a.m. before a jury to be selected from the 67 counties that compose the federal court's Eastern Kentucky district. Attorneys for both sides had estimated the trial might last from three to five weeks and that as many as 90 witnesses might be called in the case. Finley and company are charged in the original federal grand jury indictment with 24 violations of the mine safety act, relatively subservient role, his wife has assumed many of his public speaking responsibilities during his convalescence and in the days before he was shot appeared to occupy a position of increasing importance in his pursuit of the nomination. Moreover, there are many around him who are persuaded that the governor is quite elated with the surface respectability he seems to have achieved within the Democratic Party and the outward changes in attitude of many of its leaders.

Given these factors, a startling divorce from the party now seems unlikely, but an enthusiastic endorsement seems equally so to most of those who have talked with him recently. "I think what'll happen is simply a situation in which, as he's said he might do, he'll just go home and watch the grass grow around the mansion," one long-time friend from college confided. That may turn out to be the case, but the enigmatic aura that has developed around a man who was once extremely public has already captured the imagination of a sizable number of citizens. DOWNTOWN-532 SOUTH FOUSTH ST. 10 PM (Mon.

till 9 PM; 582-2521 serve to deter him from a third-party candidacy, whatever his reaction to the convention's final decisions. Mrs. Wallace, the 33-year-old niece of a former Alabama governor, James M. Folsom, comes from highly political fafhily whose traditional loyalties have always been firmly and deeply Democratic. "She wouldn't be for a third-party candidacy.

I can tell you that," one of Mrs. Wallace's closest friends said last week in Montgomery. "And I don't think she could ever sit still for an endorsement of Nixon. Both of those things would just drive her up the wall." Although Wallace has always been a man for whom women have played a including misuse of explosives and equipment, allowing coal and coal dust to accumulate in the mine, failing to search miners for smoking materials and failure to provide self-rescue (breathing) devices for the underground miners. Earlier in yesterday's pre-trial conference, Hermansdoifer told the attorneys to appear Friday for a hearing on a defense motion filed yesterday asking that all of the charges against Finley and company be dismissed on grounds they constituted "discriminatory and selective" enforcement against the defendants by the U.S.

Bureau of Mines. Defense motion overruled The motion, filed with a brief listing several specific cases from the files of the Bureau of Mines in Washington, states: "Defendants (assert) that the widespread publicity following the explosion which took place on December 30, 1970, and the pressures resulting front such publicity, motivated the government, its agents and agencies, to single out defendants for criminal prosecution." In other action, Hcrmansdorfer overruled a defense motion asking that 17 of the 24 original charges against the defendants be dismissed on grounds they constituted double jeopardy and said that the court would handle the "sensitive" issue of the disaster's fatalities at the appropriate time if the matter is raised in the case. Defense attorneys have objected to any mention before the jury of the 38 men killed in the disaster on grounds that such information is not listed among the various counts of the indictment and is not among the charges and therefore would be prejudicial to the defendants. waiting for him, Marshall said. It was not a ploy to make Spassky nervous, the lawyer said.

The principle that Fischer has been trying" to establish is a chess player's right to share in the box-office receipts. The six-man board of the Icelandic Chess Federation, sponsors of the 24-game match, early yesterday rejected Fischer's demands for 30 per cent of the gate receipts. This would amount to considerable sums for both Fischer and Spassky. In addition to the prize money, each will also receive 30 per cent of the income from sales of television and photographic rights. Even if Fischer arrives in Iceland today, there is no guarantee that the first game will be held in the evening.

Fischer may demand a postponement on medical grounds. And Dr. Max Euwe. president the International Chess Federation, may grant a delay if the champion so ishes. Euwe said yesterday that the sequence of events during the last few days would make anybody nervous.

Therefore if Spassky needs two extra days to rest, the 1CF will offer them to him with no penalty. Continued From Page One the coal industry before formulating the standards. The sections of the code set out definitions and descriptions of permissible and non-permissible materials that may or may not be used in underground mines under the mine safety act. A section of the federal act, approved Eastern plans law enforcing study complex Associated Press RICHMOND, Ky. Pie-construction plans are being completed for a S7.5 million regional law enforcement-traffic safety complex on the Eastern Kentucky University campus.

EKU President Robert Martin said he hopes to break ground in mid-October for the facility, which will house all of Eastern's present law enforcement programs plus the Kentucky State Police Academy. The school received $96,000 from the U.S. Justice Department to help pay for architectural plans for the complex. Currently. Eastern is the home of three separate agencies the Kentucky Law Enforcement Council, a state agency: the School of Law Enforcement, which awards college-level degrees, and the Traffic Safety Institute, which operates breathalyzer stations throughout the state.

Grants and contracts administered under the programs have totaled more than S2 2 million since 1966. The greatest portion went to the law enforcement school, which offers both bachelor and masters level degrees. Nailer t-tuilvmg; Kangaroo ppecies SYDNEY. Australia (AP) U.S. consumer advocate Ralph Nader arrived here yesterday to study some species of kangaroos in danger of extinction.

Nader told reporters the U.S. Interior Department wanted to have some kangaroo species put on the endangered list to restrict the import of kangaroo products. OMBUDSMAN If you have a question or complaint regarding news coverage please contact our Ombudsman's office between 9 a.m. end 5 p.m., Monday through Friday. We established the office to help you with problems requiring the attention of any top management personnel of The Courier-Journal Times.

Coil 582-4600 or write Ombudsman The Courier-Journal Times, Louisville, Ky. 40202. $130,000 more offered, Fischer decides to play Continued From Page One grandmaster, will be Fischer's official second for the match, Marshall said. All along, the issue hasn't been the money, Marshall said. "It was the principle.

He felt Iceland wasn't treating this nratch or his countrymen with the dignity that it and they deserved. And he was furious about the press censorship. He was flying around the room," said Marshall. Marshall was referring to the three relcascs-pcr-game limitation which the Icelandic Chess Federation made for reporters covering the match. "They're trying to stop America from reading about it! That's what they've dune all along," Marshall quoted Fischer as saying.

Fischer himself has shunned newsmen because he feels the press often misrepresents him. Marshall said. "He's not a trained interview subject, and he's very frank and Plus lie's in training." He added that Fischer has been in good spirits. "Last he was jocular and relaxed." he said. Fischer fled from the airport last Thursday to avoid newsmen who were DAPPER DANDY His good looks in your new soft shirt.

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