The Courier-Journal from Louisville, Kentucky • Page 1

VOL. 235, ISO. LOUISVILLE, FRIDAY MOUSING, JULY 7, 1972 Copyright 1972, Tho Courier-Journal 54 PAGES 10 CENTS jTJ 4 i lilt i if fiction expected today Democrats await Burger's decision in delegate cases ilimijM ii mi hm hi Kl ft tr- -3v To tr-- vv I te to I f-J-3lIi'J Axe. a I Disputed lease A picture of the lease which was under question yesterday during the Kentucky State Racing Commission's hearing on the 10th race at Churchill Downs on Derby Day is at right Testimony showed that neither the lessor, Alvin Kowall, nor the lessee, E. K.

Gray, signed the lease which gave Gray control of race winner Postal Milagro. Kowall's name was signed by his trainer, Sturges Ducoing, shown testifying at left. It was not determined who had signed for Gray, pictured above on the witness stand. From L.A. TimesWashinston Post Service, New York Times and AP Dispatches WASHINGTON Chief Justice Warren E.

Burger spent yesterday considering requests for the Supreme Court to return from its recess and review credentials cases involving the California and Illinois delegations to next week's Democratic National Convention. Burger's only action was to extend indefinitely a stay of the U.S. Court of Appeals decisions that returned 151 California delegates to Sen. George Mc-Govern and upheld the Credentials Committee's expulsion of Chicago Mayor Richard J. Daley and 58 other Illinois delegates.

The Appeals Court earlier issued a stay vof its own decision that was scheduled to expire at 2 p.m. yesterday. Burger's one sentence order, issued shortly before that hour, extended the existing stay till further action is taken by the high court. At 6:15 p.m. yesterday.

Supreme Court Press Officer Banning Whittington announced there would be no further action on the case until today. four other members of the court Jus tices Thurgood Marshall, Potter Stewart, Byron White and Harry Blackmun were at the Supreme Court working along with Burger on the credentials cases, according to Whittington. The requests were filed earlier in the day by the Democratic Party and by the slate of delegates allied with Daley losers in two cases decided Wednesday by the U.S. Circuit Court of Appeals in Washington. The Appeals Court had ruled that the Democratic Credentials Committee acted illegally in stripping McGovern of the 151 California delegates because the committee felt the California primary should not have been conducted on a winner-take-all basis.

The Appeals Court also ruled the committee was within its rights in unseating the 59 Daley delegates for violating party reform rules, even though the Daley slate was elected in the Illinois primary March 21. Burger is the justice who acts on emer- See DEMOCRATS Back page, col. 1, this section STAFF PHOTOS BY MICHAEL COERS Postal ila gro UofL spending freeze halts pay hikes, hiring erby Day race hearing gets two stories on horse's lease case probed other races on the Derby Day program the fifth, seventh and ninth (the Kentucky Derby) the sale of $50 tickets exceeded that of the 10th race. But it was not brought out whether any horse on the program had a higher percentage of S50 win tickets sold on him than Postal Milagro, winner of the 10th. Of $83,127 wagered to win on Postal Milagro, $00,800 or 69 per cent was through the $50 windows.

Some testimony also was taken on the matter of jockey changes in the two races under investigation. Two veteran riders took over for apprentice Bruce Pronesti, who said he was too sick to ride his two scheduled mounts, Scotch Thorn and Postal Milagro. At the hearing, Joe Korjenek of the Thoroughbred Racing Protective Bureau (TRPB) referred to an interview he had with Pronesti in which the jockey said he became ill on Derby Day after trying to reduce in the "sweatbox" at the track. Johnny Rotz rode Scotch Thorn. Jimmy Combest, who didn't have a scheduled Elsewhere Laird assail MHiovern Defense Secretary Melvin Laird says presidential hopeful George McGovern's military proposals represent a "give away now, beg later" philosophy Page A 2.

ion proU Congress Congress hears threats of veto from President Nixon, who says through an aide that the legislative record is 'miserable' Page A 3. First ihoss game Tuesilay Bobby Fischer apologizes in writing to chess champion Boris Spassky and will play with the black pieces when the 24-game match for the world title finally gets under way Tuesday Page A 10. On inside pages Amusements A 24-26 Around Kcntuckv A 12-14 Deaths A 21-22 Editorials A 8 Financial 9-10 Radio, Television 2 Sports 3 3 Today's Living A 27-31 Bill Husk, president of the of chapter of the American Association of University Professors (AAL'P), said yesterday that the suspension of the raises presents "a very serious situation." William J. McGlothlin, head of Uof L's University Senate, said yesterday the move is likely to cause "substantial morale problems with the faculty and staff, particularly staff people who are already underpaid." McGlothlin said the freeze puts the of at a disadvantage) with all other slate colleges in Kentucky where faculty members are receiving the cost-of-living increases. Brad Dillon, head of the of student government, said, "I think morale's bad now at the school anyway I don't think this is going to help it any." Norbert F.

Elbert, vice president for financial affairs, said he expected faculty and staff to be "seriously affected" by the freeze. "When you get nothing, it's almost like getting a decrease," Elbert said. A significant number of resignations in response to the freeze isn't expected See OF Back page, Col. 4, this section By JAMES BOLUS Courier-Journal Staff Writer LEXINGTON, Ky. Contradictory testimony was received from two principal witnesses yesterday at the Kentucky Slate Racing Commission's hearing on the 10th race of this year's Derby Day, May 6.

at Churchill Downs. The commission had announced on June 14 that it was investigating both the 10th race and the second race on the Derby Day program because of certain inconsistencies, including heavy $50-win wagering. Postal Milagro, listed at 15-to-l odds in the morning line, won the 10th race as the 9-to-5 favorite. Scotch Thorn, 10-to-l in the morning line, captured the second race, also as a 9-to-5 favorite. Most of the testimony at yesterday's hearing at the commission office dealt ith the 10th race with particular emphasis put on a lease and racing claim, in which the control and ownership of the winning horse changed.

Also touched on were the betting figures. It was brought out that in three Ul il, A City to appeal increase in Louisville bus fare is By BILL IIOLSTEIV Courier-Journal Staff Writer University of Louisville faculty and staff learned by letter yesterday that the cuts in funds to the school by Louisville and Jefferson County will mean a spending freeze at the school and an indefinite ruspension of their 5 1, 2 per cent cost-of-living pay raises. The letter, from university president Woodrow M. Slrickler, was greeted on campus by predictions from some teachers and students of a serious morale problem. The freeze requires that all departments operate on the basis of the 1971-72 budget instead of the newly approved 1972-73 budget, that no new positions be created and that no replacements be hired to fill valancies created by normal turnover.

"All adjustments in compensation, including cost of living increments, will be suspended until a fair and. reasonable solution to the University's setback can he determined," Strickler said in the letter. The appropriations to the university from Louisville and Jefferson County for 1972-73 were reduced a total of $979,000 from the previous year. 'Don 't die By BILL COX Courier-Journal Staff Writer WINDY HOLLOW. Ky Sunset Carson is a patient man usually.

But this was too much. The actor he was supposed t') shunt played dead before Sunset could draw his gun. "Dammit. ou died and v.eien"t even shot!" hunsrt roared. "Now.

you are to hit ihe ground after you hear a -hot AFTER you hear a Finally, the "victim," played by Joe L. Pnddy of Fairdale. managed to save his death scene until Sunset could plug him- "I make air-fjorrlitioners," he said MwwjwwmpapwwMwpwmwuiwwwww has the to By WILLIE RIDDLE Courier-Journal Staff Writer The city of Louisville will appeal the 10-cent bus fare increase granted to the Louisville Transit Co. (LTC) yesterday by the state Department of Motor Transportation, said Frank Logan, assistant city law director. Logan, in a telephone interview, said Mayor Frank W.

Burke intends to appeal the ruling to Circuit Court, and if the increase from 40 to 50 cents is upheld there, to the state Court of Appeals. "I haven't read the complete opinion from the transportation department." Logan said, "but I feel that there is still sound merit to fighting an increase in mount on the Derby Day program but was available in the jockey room, accepted the ride on Postal Milagro. After nearly six full hours of testimony dealing with these two races, the commission recessed until a transcript of the hearing can he prepared. The commission plans to meet next week to dispose of part of the hearing that deals with the claim for Postal Milagro, and then it intends to meet later to complete the rest of the investigation. Postal Milagro was owned by Al Kowall of Detroit on Derby Day, but the horse appeared in the program as owned and trained by E.

K. (Boobie) Gray of Louisville. Kowall's trainer, Sturges Ducoing, testified that he had leased the horse to Gray for $500. The period of the lease was for a "period of not less than 14 days and not more than 90 days." In their testimony before the five-man racing commission, Gray and Ducoing See DERBY Back page, col. 1, this section fare." He said the appeal will be filed as soon as the city's law department has reviewed the decision.

Yesterday, Elijah M. Hogge, commissioner of the state Department of Motor Transportation, signed the order approving the bus company's request for a fare increase. The increase was recommended bv the department's, director of hearings, William Willis. The price of a transfer would remain 5 cents. In addition to the basic fare, other charges to be raised are these: School tickets: 10 tickets with a See LOUISVILLE Back page, col.

2, this section INDIANA Variable cloudiness and a little warmer today with chance of afternoon showers. clearing and cooler tomorrow; highs, 75 to 83; lows, 54 to 64. High yesterday, 75; low, 54. Year Ago Yesterday: High, 86; low, 63. Sun: Rises, sets, 9:09.

Moon: Rises, 2:57 o.m.; sets, 6.22 p.m. Weather map and details, Page 11. ''Heck, Sunset didn't mean for you folks to go without food all day," the actor pleaded. "He didn't get anything to eat either." "Sure! Sure!" they yelled back and kept on going. Meanwhile, Sunset, who was wondering why this never happened to Ward Bond, had to deal with the problem of not having a wagon train to save.

Finally it was decided he would save one wagon a scene that would be filmed to make it appear there were several wagons. But the fleeing wagons created o'her See KENTUCKY Back page, col. 6, this taction Wither thou goest Ageless art NO GENERATION GAP divided Franklin Page, above, director of Louisville's J. B. Speed Art Museum, from participants in an art workshop for children yesterday at the museum.

The children are from left, Stephanie Davis. Jeff Peltier. Jerome Gtisanti, and Maggie Ward. StoH Photos by Paul Schvhmann Purnished by the National Weather Service IOUISVIUE area Partly sunny and warmer today with chance of showers tonight, tomorrow; high today, 81; low, 57; high tomorrow, 84. Precipitation probability 10 percent today, 30 per cent tonight.

KENTUCKY Slow warming trend, cloudy through tomorrow with chance of showers tonight, tomorrow; highs, low 80s; tow, 50s to 60s. till I shoot9 Sunset Carson's Kentucky Western rides a rocky trail afterward. "I don't blame a professional actor like Sunset for being mad, but he to realize I don't know anything more about acting than he does about assembling air-conditioners." Why, then, was Priddy out there in front of the camera? Why were all these farmers and housewives being used in cast nf "Marshal of Windy Simple. Farmers and housewives aked play farmers and housewives work cheap. (Presumably, air-conditioner plant workers who play moving targets for Sunset get a little more.) "Marshal." with a budget of about is being filmed about as far away from the hisrh costs of Hollywood as you can get in an abandoned strip mine in Daviess County.

The project was supposed to be finished this week in six filming dii but because of bad weather and a chain of man-made fiascos. The End in sinht. The area's man-made badlands and pine forests are backdrops for an unuMisl movie venture. Sunset, who starred in numerous cow boy pictures in the '40s ard '50s. is attempting to make a Grade Western here with all the classic Clemen's simple plot, bloodless killings and nr s-e-x.

He's the star, director, producer, and presumably, chief financial backer. 4 But the real crisis came when Sunset, who is supposed to save a wagon train from outlaws, offended the farmers who had furnished the wagons. The angry farmers took their wagons and headed east. Sunset dispatched an actor on a horse to attempt to head off the wagon train at the pass which, in this case, was a spoil bank but the rebellious farmers would have nothing more to do with the Hollywood folks. "You didn't feed us, we're finished with the whole business," they shouted at the actor when he caught up with the farmers-turned-actors-turned-angry farmers.

1 Put this week, the set looked more like a Marx Brothers comedy. In just one clay, the following occurred: Veteran cow boy star Ken Maynard, who is attempting a comeback in "Marshal." suddenly was overtaken by chills aid began shaking uncontrollably. He spent the remainder of the morning besnz driven around in a heated car. The cat and crew worked their way so far bick into the country that the people to bring them food couldn't find them. Things got so c-onfused.

that bad gnvs became food guys, and a man from Jcffcrsonviile, misplaced his horse. 0.