The Courier-Journal from Louisville, Kentucky • Page 1

Early Edition VOL. 23.. M. 6 LOUISVILLE, THURSDAY MORNING, JULY 6, 1972 Copyright 0 1972, The Courier-Journal 38 PAGES lit CENTS Supreme Court appeal pen i U.S. appeals court returns 1.51 delegates to McGovern 1 Court, but no papers had been filed when the court closed last night.

The court on summer recess, but Chief Justice Warren E. Burger could call it back into session. Yesterday's decisions represented a major political victory for McGovern. If it is not reversed by the convention itself and the convention's right to do so remains in doubt the ruling could insure the South Dakotan a first-ballot victory. His forces claimed just that yesterday.

The Daley ruling was also favorable to McGovern. If it stands, he will pick another 40 or 50 votes among the Chicago reform leaders who successfully challenged the Mayor and his supporters in the Credentials Committee and then defended its decision in the courts. McGovern said in a statement that he was "pleased" with the decision that "reaffirms the choice of the California By WARREN WEAVER JR. New York Times News Service WASHINGTON1 The U.S. Court of Appeals ruled yesterday that the Democratic Credentials Committee had been "arbitrary and unconstitutional" in taking 151 of California's National Convention delegates away from Sen.

George S. McGovern. The court awarded him the full 271-vote delegation. At the same time, il upheld the Credentials Committee's action in denying convention seats to Mayor Richard J. Daley and 58 other Chicago delegates, and prohibited the Daley forces from pursuing an Illinois state court action to get them back.

However, the U.S. Court of Appeals for the District of Columbia, later yesterday suspended the effect of both rulings until 2 p.m. today to give the parties a chance to appeal to the U.S. Supreme Court. Both losing parties indicated they would try to appeal to the Supreme voters and the rules of the Democratic Party." "I hope now," he added, "that the convention can proceed in a lawful, orderly and satisfactory manner to ratify a platform to the country in a victorious campaign next fall." Frank Mankiewiez, McGovern's national political coordinator, argued that the convention could no longer vote on the California seating issue in the light of the court ruling, but there seems to be uncertainty on that question.

To seat the 271 McGovern delegates from California, the Credentials Committee will have to meet and vote to certify them. If as few as 15 committee members dissent, they may file a minority report. This automatically authorizes a debate and final vote on the floor of the convention. Many observers believe that yesterday's See APPEALS Back page, col. 1, this section mm i -1 nHHttltttMm WIHIIHHHIHI1I1KI U.S.

attorneys to pursue mine-disaster prosecution i ft- A "a By FRANK ASHLEY and MIKE BROWN Courier-Journal stair Writers U.S. attorneys in charge of the Hyden coal-mine disaster case said yesterday they intend to prosecute the mine owners regardless of the federal court decision Monday which struck down many rules and regulations set up under the fcdcal Coal Mine Health and Safety Act of 1969. But in Washington, government sources were saying unofficially that the opinion issued in Lexington by U.S. District Judge II. David Hermansdorfcr can he expected to hamstring mine safety enforcement throughout the nation until the legal issue is resolved.

And in Alaska, former U.S. Secretary of the Interior falter J. H'ickel, in effect blamed by the judge for issuing the regu lations illegally, said he did not understand the implications against him unless they were based on "a deliberate attempt to undermine mine safety at the expense of human safety." Hermansdorfcr based his ruling on a claim that Hickcl failed to consult with other government agencies and-mining interests, as required by law, before issuing the rules and regulations. Hickcl, former governor of Alaska and a controversial figure in the early part of the Nixon administration, said emphatically yesterday that he did make such consultations. Meanwhile, in Lexington, Asst.

U.S. Atty. Eldon Webb, the government's chief prosecutor in the case against mine owners Charles Finley and the Finlcy Coal said further study of Hcrmans- dorfer's ruling had convinced him that "We have a triable case" regardless of whether or not the ruling is upheld on appeal. He also said he already is working on "an appeal to the U.S. 6th Circuit Court of Appeals in Cincinnati.

Prosecution of the mine owners is possible meanwhile, and "we're going to proceed on all counts as soon as possible," Webb said. Finleyv of Manchester, and his company, owners of the mine where 38 men died in an explosion Dec. 30, 1970, are charged with 24 counts of violating the federal mine-safety law. The charges include misuse of explosives and equip- See PROSECUTION Back page, col. 1, this section 5 "A' Iff 1.

Ik Heap Elseivhere Sl.iff Ptnta by Dilly GET OUT and get under this giant eiiithmover, yen may u-t lost as well, unless you know your way around like Kenny Geoghegan of Louisville, who was repairing a water pump. Tin1 truck moves 50-ton loads for the relocation of KY 245 north ot Bernheim Forest. (Another picture. Page Strike hits construction projects in 116 counties engine a hurl i I I Hijacker killed in San Francis French premier ousted French President Georges Pompidou abruptly fires Prime Minister Jacques Chaban-Delmas and names a strong Gaullist, Pierre Messmer, to succeed him Page A 2. Itig changes for Japan Kakuei Tanaka says that as Japan's next prime minister he plans no drastic departure from the policies of Eisaku Sato Page A 2.

Amusements 4, 5 Deaths A 11 Editorials A 8 Financial 12, 13 Radio, Television 2 Sports 6-10 Today's Living A 13-21 No picket signs appeared yesterday but jobs heavily dependent on cranes, hoists, bulldozers and similiar equipment were hampered or idled completely as operators failed to appear, according to Kressenberg and others affected by the dispute. The only sign of a settlement effort was at Louisville, where Arthur Watkins, business agent of the union, and other union officials met with representatives of the Louisville chapter of the Associated General Contractors. Watkins was unavailable for comment after the meeting ended about noon. But See EQUIPMENT PAGE col. 1, this section I 're ndrt" nd PS the Ihev idcnl had as let the ad repi to ked I onv ied il ii'V 1 1 A lal il I said if lildrei! would tnaries airline would They llovved met, he be a were said.

passengers, Uii the extent of their injuries was not inimt tlialely known. Three rushed to the plane, along with two large buses, to take passengers to the terminal, Kissel said. The plane sat on a runway more than a mile from the San Francisco International Airport terminal for more than four hours while one of the hi jackers sert through the piiol. Capt. Dennis Waller of San Diego.

By BILL POWELL Courier-Journal Staff Writer HENDERSON, Ky. Scores of construction jobs in up to 116 Kentucky counties were crippled or shut down yesterday when mobile equipment operators failed to show up for work. William Kressenberg, executive secretary of the Associated General Contractors of Western Kentucky, said the walkout resulted from a pay dispute between contractors and Local 181 of the Operating Engineers, which has headquarters here. The local serves all Kentucky except Kenton, Campbell, Boone and Pendleton counties. Kressenberg, in whose area many of the work disruptions occurred, said the union originally asked for an 80-cent-an-hour raise covering one year of a new-contract and that contractors offered "about 50 cents." Stephen Gennett, executive secretary of the Louisville Contractors Association, said the union yesterday was asking for an additional 75 cents in hourly pay.

to bring the total for the highest-paid engineers, including fringe benefits, from S7.30 hourly to S8.05. The lowest-paid job classifications, he said, now pay about $5.10 per hour. OiU' hijacker did all gc it: it (hi; sccti'Mi cid i.ick i midsummer's dream day Snasskv may receive delay of week in chess toumev Furnished by the National Weather Service IOUISVIUE area Mostly sunny, mild through tomorrow. Little chance of rain today. High, mid-70s; low, mid-50s.

KENTUCKY ond TENNESSEE-Pai cloudy, mild through tomorrow. Highs, 70s-80s; low, 50s. INDIANA Mostly sunny, cool. Highs, 70s; lows, 50s. Tomorrow, sunny, a little warmer.

High yesterday, 76; low, 60. Year Ago Yesterday: High, 84, low, 71. Sun: Rises, sets, 9:09. Moon: Rises, 2:12 a.m.; sets, 5:10 p.m. Weather map and details, Page 13.

Associated Press A hijacker was shot and killed and another was injured along with three passengers on a Pacific Southwest Airlines jet yesterday at San Francisco International Airport. Airline spokesman Gary Kissel said FBI agents "rushed the plane" and killed one of the two armed men who had commandeered the aircraft. One of the gunmen shot and injured three of the 79 passengers aboard the plane during the exchange of gunfire another spokesman said. Earlier yesterday in Buffalo. N.Y..

a man held his infant daughter at knifepoint and threatened to kill her unless he was flown from the country, but he later surrendered without carrying nut the threat. The hijackers at San Francisco were not identified. They had hijacked the Boeing 737 yesterday morning on a flight from Sacramento to San Francisco, demanding $800,000, two parachutes and passage to Siberia via Canada and Alaska. Kissel, PSA information officer, sai 1 an FBI agent dressed in a pilot's uniform drove to the plane to deliver the cash and parachutes. A hijacker met him at the door and was shot dead by an agent, then the second hijacker came to the door and was shut and injured.

Kissel said. In San Diego, PSA spokesman Dennis Dittman said that during the exchange of gunfire, one of the hijackers three II iv. sar Spas-k'. civ irora" tier an-i i 'i ui'M i t.ii'tly arrival lie ot caii-e 'Fischer i- jiut He's lixing in he ir-'ilird lhal A1, a ei iiii-i a i'l him a wot 'i h' 'i I'l-' I brought the loser to the bight Tit" and the 'ei SI-Th- 1 By STEPHEN'S BPOEN1NG Associated Press nnYKJAYIK. Iceland Bobby Fischer apologized terday for delaying the start of the $400,000 world championship chess match, but the Hussians demanded apologies in iiting.

With the confrontation threatening neer to reach the checkered board. President Ma Euwe of the International Chess Federation il'IDF.) took some of the blame and suggested a further po-t-poneni''nt until n'vt week for the tin to settle. Euwe said he had allowed in r's cei- i'ASS-: l. tii See tioil MB Bell eating the As horses break, some lienors run our5. i 'irons if nched tne man whirU and shakes a sC i'-V The v.

ho I I'M I to bt i-n In knov. i.nal is pkke.l iri by a c-tilicatue. B. at in 1 1: vtr cnwi.rr re; -o 'iff T''- cr.t t''s stt.r 'i-cr V. 5..

af it By BII.EY REE!) Courier-Journal Statf Writer A few minutes before po-t time, a man takes a final drag on his -j garcttc. throws away the stub and climbs to a perch in the grandstand at Loui-viik's Miles Park. His vantage point is on a railing i.n an aisle, a place where he has an unobstructed view of the starting gle an the pari-mutuel sellers' window When the track announcer ''They're at the post." the man trains his high-powered binoculars on the starting gate. His body strains forward, his back arches tensely. The horses break from 1he gate.

i 1 i. bctv standing at the rekns it to another pre ni.it In BANG! Associated Press THE FIREWORKS display was short but spectacular at Brook-field. Tuesday. The whole show exploded at once when a box of fireworks went off too near the main supply. One man was hospitalized with burns and another suffered a heart attack.

the kf is iter. indows. The man at the windows rnutuel ilcik to bein punching tic on a certain horse. A -second i 1x11 rings throughout the grands! I I age. cel.

See i Back sis.