The Pensacola News from Pensacola, Florida • 1

to 8k'TlW Cloudy Partly cloudy, warm and humid through Thursday with a chance of thundershowers. Highs, low 90s. Lows, mid-70s. More weather, 3 A. 85th Yew, No.

134 Tonight Educator-columnist Max Rafferty speaks. Room 252, Channel 23 building, Pensacola Junior College, 7:30 p.m. 20 Cents A Gannett Newspaper Pemoceta, Florida, Wednesday Afternoon, July 9, 1 975 44 Pages 4 Sections Lawsuit Needed for Warrington Ruling to If a county or jSTuTu guiuui can askVhe court for janj opinion: then fit's a sad state of affairs. I'm going tto just do nothing until somebody else does some i said law requires such a statement be in the title of the law as well as in the body of it About 100 persons attending a Warrington Independence Committee meeting Tuesday night still feel they will have a referendum, despite Oldmixon's decision Monday to cancel the election. Charles Osburn, leader of the move to incorporate the suburban area, urged Warrington residents to "send a telegram and call do both to Gov.

Askew and Atty. Gen. Robert Shevin." "Lots of things can happen between now and July 29," he said. Charles Soule a board member of the committee, said if the committee can, it will enter a court contest to determine whether the election should be postponed. Attorney J.

McHeney Jones, a Warrington resident and leader of opposition to incorporation, said even if the election had been held it would have been a nullity. The Aug. 5 effective date of the law was only one of a number of points on which the referendum legislation could be challenged, he said, declining to specify those points. By MIKE HENDERSON Ntwt Staff WrHtr Joe Oldmixon, Escambia County elections supervisor, said today he will take no legal action in the foulup of plans for a referendum on whether Warrington will be incorporated. Oldmixon said his decision is based on a letter from his attorney, J.

Hopkins, who said "my advice to you is to simply do nothing legally and allow the matter to be determined by the others, who will have their own legal advice as to proper courses of action available to them." The law authorizing the vote on incorporation of Warrington said the vote must be held before Aug. 1. But the law will not take effect until Aug. 5. Proponents of the referendum have said they believe the vote could still be held if a court would rule that the intent and not the letter of the law be enforced.

Hopkins had said it might be possible to seek a declaratory judgment from the Circuit Court, but after extensive research he found "it is absolutely necessary that there be an adversary proceeding. The declaratory judgment act, he said, "will not authorize you as a public official to seek legal advice from the court." Only the governor has the authority such advice and then only about his powers and duties, Hopkins said. Oldmixon was dismayed. "If a county or state official cant ask the court for an opinion then it's a sad state of affairs," Oldmixon said. "I'm going to just do nothing until somebody else does something," he said.

The snafu surfaced when Oldmixon was making plans for the referendum slated July 29 and found out the legislation permit ting the election does not become law until Aug. S. That law requires the referendum be held before Aug. 1. Hopkins told Oldmixon, "When and if some action is filed after Aug.

5 and if you are a party, as you probably will be, we can then proceed in a proper fashion." "I feel like somebody whould have told us about this a long time ago." Oldmixon said. Oldmixon said another flaw in the law is that its title omits a statement providing for expenditure of county or state funds. He Joe Oldmixon 4 553 $1.3 Million Grant The Evening Drug Imports Charged Funds ft 'A ff i Sugar prices are going up after 15 decreases, but new prices aren't expected to be nearly as high as last fall, when they skyrocketed to more than 60 cents a pound, IB. Jobs Florida's" new state Treasurer Phillip Ashler exercised good management procedure when he removed eight top department administrators from career service protection. An editorial, 8A.

American withdrawal from Southeast Asia has resulted in turmoil, with even Red China scrambling for profitable alliances: Columnists Jack Anderson and Les Whitten, 8A. By BILLKACZOR Nfwt Staff WrHtr Escambia County will receive a new federal employment grant totaling nearly $1.5 million. County Commissioners, meeting in special session this morning, approved programs for spending an additional $141,636 for summer youth employment and $356,506 in public service employment jobs during the 1 1-month period beginning Aug. 1. Lee Bruno, ctty manpower coordinator, also said the county has been notified by the Laobr Department that it can expect a $1.3 million grant under Title VI of the Comprehensive Employemnt and Training Act (CETA).

'i Mrs. Bruno, however, said no Faison Mum England's Peter Oosterhuis fires first round 68 to grab one-shot lead in British Open; defending champion Gary Player had rough time, finished with a 75, 1C. In recent weeks baseball players and managers alike have been lashing out at sportswriters both verbally and physically. They forget, however, journalists don't make the team go bad, AP analysis, 1C. uuui iiiduuii luut ueeu levejveu about when the Title VI program will begin.

The county has $500,000 in existing Title VI funds that will be spent by January. The additional summer job money will bring the total budget for that program to $666,000, increasing the number of youths participating from 325 to 775. By MICHAEL McINTYRE Ntwi Staff WrHtr The Northern District federal grand jury returned indictments in seven cases Tuesday, including two cases which involved conspiracy to import or distribute dangerous drugs. Two Pensacolains Raymond Matheny and John R. Stoll were indicted on charges involving possession and conspiracy to distribute two ounces of cocaine.

Indictments also were returned against 12 men charged with possession and conspiracy to import and distribute seven tons of marijuana. The seven tons were seized in December 1973 in Gulf Shores, Ala. and are believed to be connected with another 30 tons seized at about the same time in Overstreet, according to Assistant U.S. Attorney Nick Geeker. Timothy Fred Stimpert of St.

Petersburg, Ralph Enoch Spinks of Panama City and Thomas Mcihael Patton of St. Petersburg were named as the three main principals in the conspiracy, according to Geeker. The conspiracy was "a significant criminal enterprise in Florida which controbuted to the widespread distribution of marijuana over the entire eastern Seaboard and Midwest," Geeker said. Other indictments brought by the grand jury included charges against two Pensacolan gun shop employes, P. J.

Smith and Dallas Booth, in connection with the sale of weapons to persons who were not residents of Florida, contrary to gun-control laws, according to Geeker. The grand jury also charged James W. Bradley, 5513 Mayfair Drive, and James W. Green of Jacksonville in connection wihh the breaking and entering of four buildings at the Naval Air Station July 7. According to FBI agent Dave Mitchell, the men were charged in connection with the breaking open of 10 vending machines and stealing money in cash boxes and cigarettes.

Bradley and Green were arrested at the gate as they tried Continued on 2A On Budget By SANDRA STAIRS Ntwf Stall Wrrttr City Manager Frank Faison, ordered to cut next year's budget by $675,000, ismeeting with department heads in rapid succession to prepare a cutback schedule that he says A Good Evening CREWMAN RAYMOND RICHARD PENCE 40 hours adrift In Gulf (AP Wirephoto) Non-Swimmer Survives 40-Hour Gulf Ordeal NEW ORLEANS (AP) Search planes began crisscrossing Atchafalaya Bay at dawn today for two men of four men aboard a shrimp boat that sank Sunday. Two others were rescued. One crewman who refused to be identified was found Monday, and Raymond R. Pence of Bossier City was discovered Tuesday clinging to an offshore oil platform in the Gulf of Mexico. "I can't swim, never swam an inch in my life, but I had a life jacket," said Pence, who was in the sea more than 40 hours before being spotted by an oil company work boat.

Four Coat Guard aircraft two helicopters and tw planes searched the Atchafalaya Bay area until dark Tuesday in search of the missing crewmen but reported no sign of them. They were identified as Jim Thomas of Port Arthur, and R. V. Bennett of Bossier City, owner of the 60-foot boat, the J. C.

Andries, out of Port Arthur. Pence said Bennett, who also was unable to swim, told him after the boat sank to "go ahead and take care of the shop because I'm not going to make it." will be ready Monday. Faison today refused to name the department head with whom he already has conferred about the budget and said all decisions will be announced at a 7-9 p.m. budget meeting Monday in City Hall. The call for the budget cut came Tuesday night when the Pensacola City Council would not accept Faison's recommendation for a $1.3 million increase in utility rates.

Instead, city councilmen instructed Faison to cut his proposed $28.2 million budget by $675,000 to compensate in part for the vetoed The county contracts with the Community Action Progr to administer the summer jobs, which are farmed out to various governmental and private non-profit public service agencies. The Title II funds will provide for the employment of 63 persons. The funding level is 30 per cent higher than that for the current year. The jobs include 34 for the county, 17 for the City of Pensacola, five for the Florida Division of Family Services, three for the Escambia County Boys Club and one each for the Pensacola wchamber of Commerce, Warrington Chamber of Commerce, Escambia County Council on Aging, and Naval Air Station. Applications for the new jobs will be accepted at the Florida State Employment Service on Garden Street, accroding to Mrs.

Bruno's office. FRANK FAISON cuts discussed utility rate package. Councilmen, to offset the rest of the vetoed utility hike, approved other increases expected to raise up to 625,000 more annually. The ctuncil unanimously agreed to eliminate the 5 per cent discount for early payment of water and natural gas bills, which amounts to a 5 per cent rate hike for persons who Continued on 2A FEARLESS FORECAST: Look for the wives of two top industrial chiefs to open a dress and accessory shop in the heart of the Seville historical district They've been on merchandise buying jaunts and hope to hope the doors of an old frame cottage in early September. Another chic shop (shoes and accessories) will be opening in the district Our forecast about the New Orleans style restaurant in the old downtown location of Morrison's Cafeteria has been made official Workmen are hustling to get ready for a late July opening The entrance to Tiffanie's will be on Jefferson Street PEN WHEELS: Fran (Mrs.

Robert) Beekham is the new president of Pen Wheels, the people who get around in wheelchairs Jean (Mrs. Joe) Oldmixon is veep of the club Mrs. Virginia Peterson and Ronnie Odom are also officers and Frank Qvens, Ddton Bush and Mrs. Pearline McClendon are board members. When Pen Wheels had their annual awards dinner Leo Belt Stephen Soderline, Robert Malcomson, Robert Chamberlain, Kathleen Chamberlain, Mrs.

Nell Bush and Stephen Chipley Jones, received awards for their aids to the club. American Legion Post No. 33 and Sacred Heart Hospital "reps" were cited for their good deeds to the wheelchair bound members. SCHOLAR: David Dallor, son of the Richard Dallors, took part in an engineering-science seminar at U.S. Naval Academy The smart teenager competed for an invitation.

AUTHOR: Mrs. Jean Brooks, an attractive blonde, has Continued on 2A Lousiana: Dump Wastes Off Florida about 45 miles off the Louisiana coast in the Gulf, and an alternate site was designated south of Pensacola. The Pensacola News learned that a chemical-laden barge was on its way to the dump site south of here and notified state pollution officials, whh obtained an injunction prohibiting dumping pending a public hearing. After the hearing EPA Administrator Russell Train ordered Du Pont to store its wastes until it developed treatment technology. Equipment to purify the wastes was to go on line in Belle, W.

Vjl, where the waste originates, this month. The problem with the waste in Louisiana is that present technology does not permit treatment of mixed wastes, and those in storage near New Orleans are the product of three waste streams mixed together. In ffie rjNews "The material is no less toxic than it was, but the method of application during daylight hours with federal monitoring, it sounds like it will be alright," Mackay said. "I gag when I say that." Accordingto Mackay, the firm's new proposal is to dump at a lesser concentration than it originally had planned to do. "It's a dilemma that I'm faced with, with the tangible physical storage of this material," he said.

"I'm getting a little heat from the people down there this stuff is stored, from private citizens' groups," he said. "What I am concerned about is if we should have a hurricane or if there should be a mechanical failure or corrosion or an accident, we would hav an on-land problem," Mackay said. "There's attempt at all to ram this stuff down Florida's throat," he said. "Frankly, we'd rather see no dumping at all." Last summer Du Pont was stopped from dumping at a site By MIKE HENDERSON mm Staff WrHtr A Louisiana pollution control official said today he will not oppose a new Du Pont Co. proposal to dump 40,000 tons of possibly toxic chemicals into the Gulf of Mexico about 200 miles south of Pensacola.

Bentley Mackay, executive director of the Louisiana Governor's Council on Environmental Quality, said Du Pont has drafted a new proposal for disposal of wastes it has been storing in taks in Marrero and Westwego, near New Orleans, since last summer. Storage began when Du Pont was refused permission to dump the chemical compound in the Gulf. Mackay, who said his view will be voted on Thursday by the full council, said neither Florida nor the U.S. Environmental Protection Agency has approved Du Pont's poroposaL Editorials, 8A Horoscope, 3B People, IB Sports, 1-3C Television, 3B Amusements, 3C Classified, 5-9C Comics, 3B Crossword, 3B Deaths. 2B.