Messenger-Inquirer from Owensboro, Kentucky • 17

Trailer ruling3C Religion4C SATURDAY NOVEMBER 23, 1985 LOCAL NEWS STATE NEWS DAILY RECORDS MESSENGER-INQUIRER1C Records2C Yonts will drop his legal battle over state law By Joe Adams Messenger-Inquirer Greenville attorney and former school board member Brent Yonts says his fight against Kentucky's I I. l.ll I Milium. i -BnHliMiiilri "resign to run" law is over. "I'll probably call it quits right here," Yonts said. "I won't pursue it any further." That means a case in U.S.

District Court challenging the law's constitu Brent Yonts moval. But Yonts said Friday that it did. However, in the three paragraphs it added to Cornette's opinion, the Supreme Court said it did not consider the constitutionality of a related state law that would prohibit Yonts from running again for the school board because he had been removed. The Supreme Court did not address the issue because the Circuit Court before it did not, the opinion said. "I don't have any future intentions of running for the school board again anyway," Yonts said.

"I've done my time." A November election filled the one-year term Yonts had left on the school board before his removal. A school board member at Greenville from 1978 until his removal last March, Yonts twice ran unsuccessfully for state representative in both 1981 and 1984. He has said he was unaware of the "resign to run" law during those times. It became an issue in May 1984 when a Greenville resident wrote the attorney general's office and requested his removal. The attorney general's office filed suit in August.

Yonts, recently hired as the Greenville school board's attorney for merger negotiations with the Muhlenberg County school system, said the court rulings against him have not changed his mind on the law. But he said he doubted the U.S. Supreme Court would be willing to hear the case. Even if it did, he said the state Supreme Court's ruling and another from the U.S. Supreme Court a few years ago involving a Texas case would weigh against him.

With his law partner John Pax representing him, Yonts said his legal fees on the case had been minimal but the time demands still taxed him. And Yonts said he is tired of fooling with the case. "There are more important things tionality will be dropped, he said. The Kentucky Supreme Court on Thursday stood by Muhlenberg Circuit Judge Dan Cornette's March decision to remove Yonts from the Greenville school board because he ran for state representative. Under Kentucky "resign to run" law, a school board member must resign before seeking membership to the General Assembly.

Yonts challenged its constitutionality, saying it denied him rights of free speech and equal protection of law. He also argued it made no sense to put such restraints on school board members when the state's top education official the superintendent of public instruction could freely seek other statewide office and typically did. But the Supreme Court upheld Cornette's decision and adopted his opinion as its own. the Kentucky legislature has taken a step to remove school board matters from the political arena a step which is most certainly appropriate and, indeed, wholesome for state action," the opinion says. A Supreme Court spokesman said Thursday the court did not address the constitutionality of Yonts' re David Cooper, Messenger-Inquirer Buttoning bows Jeff Foster hangs holiday decorations Friday at a shopping center at Sweeney and 18th Panel may not meet deadline for selecting site for campus in life right now," Yonts said.

REGIONAL ROUNDUP From staff and AP reports Parking will be restricted for parade Parking will be restricted downtown today until after the Christmas Parade, according to the Owensboro Police Department. No parking will be allowed on Third Street between Frederica and Lewis streets, according to Sgt. Bill Pyland of the OPD traffic division. Parking will also be prohibited on Lewis Street between Second and Third streets and on Second Street between Lewis and St. Elizabeth streets, he said.

The restrictions are necessary because some entries in the parade are very wide, he said. The parade starts at 10:30 a.m. and the parking restriction will be lifted after the parade, which Pyland said should be about noon. Bill Collins says he may run for governor Bill Collins, the husband of the governor, said Friday in Lexington he is considering a gubernatorial race of his own in 1987. He said recent polls and the urging of friends was behind his interest in the seat.

"I'd say six months ago, that I would never have done it, but in the last 60 days I've given consideration to that," Collins said of the Democratic nomination for governor. He made his comments during the taping of the "Your Government" show on Lexington television station WLEX. The show will be broadcast Sunday. Collins said he had not discussed the idea with his wife, Gov. Martha Layne Collins, who left Friday for a brief vacation in Florida.

Madisonville fire kills three A "bug-zapping device" turned on inside a bedroom is being blamed as the cause of a fire in Madisonville that left three children dead. Deputy State Fire Marshal James H. Blake said at a news conference Friday that the fire began in a first-floor bedroom late Thursday night and spread rapidly, trapping two of the children upstairs. "At first we thought the ignition factor was an electrical appliance, but after further investigation that lamp turned out to be one of those bug-zapping devices," he said. Consuella McNary, 9, and her 3-year-old brother, Willie, were pronounced dead at the Regional Medical Center of Hopkins County, said Deputy Coroner Danny Perrin.

One-year-old Keitha McNary was pronounced dead at the scene, he said. A fourth child, 10-year-old Quentin, escaped unharmed. Officer linked to Klan fired Jefferson County Police Chief Russell McDaniel, who fired one patrolman with Ku Klux Klan ties, said an investigation will continue to learn whether other officers are members. McDaniel said Alex Young, 36, was dismissed late Thursday for breaking department rules. Mark Miller, Young's lawyer, said Friday that a written appeal of the dismissal would be filed with the department's merit board.

McDaniel's letter said that by distributing hate literature, Young violated four department rules. Young also was accused of lying to a superior on July 23 by telling him he would resign from the white supremacy organization. But according to the termination letter, Young admitted distributing Klan literature to his police colleagues in August. The committee has looked at three alternatives a suburban campus of between 65 and 100 acres, an intown campus of 30 acres and a downtown campus of 10 acres. Land costs are expected to range between $1 million and $3 million.

McDannel said the Owensboro group hopes to have a site for the college by the time the General Assembly meets in January. "That would strengthen our case," he said. Owensboro. The Nov. 30 deadline is just the date when the committee had hoped to have found a site, he said.

"We could still possibly meet our deadline," McDannel said. "But I don't anticipate it." He said the site selection committee has studied 12 sites and is still getting calls about others. McDannel said most of the interest appears to be in either downtown sites or sites near the U.S. 60 bypass. Messenger-Inquirer The Owensboro Citizens Committee on Higher Education may not meet its self-imposed Nov.

30 deadline for selecting a site for a proposed community college campus in Owensboro. But Jim McDannel, director of the Owensboro campus of Henderson Community College, said the committee has already met all state requirements in its attempt to secure a separate community college for Police probing use of bank's stationery in election campaign Workers fight chemical leak at W.R. Grace month asking them to investigate. "They're a big banking institution and it's a violation of the law," Westerfield said Friday. Westerfield said the letters violate two Kentucky statutes regarding campaign contributions by corporations.

One law cited in Westerfield's letter states that officers of any corporation cannot handle money or other valuable items with the intent of advancing any candidate for public office. Robert C. Berry a bank attorney, on Friday denied Westerfield's allegations. The bank's press release said the bank was reimbursed for the postage, the envelopes and copies used in the letters. According to Capt.

John Lite, the Kentucky State Police will conduct a preliminary investigation to "determine whether it's necessary to open a criminal file." Mrs. Furgason said the bank would cooperate in any investigation. P.E. Simpson, chairman of the Democratic Party in Ohio County, said he hadn't heard about the letter or any police investigation. By Gary Karr Messenger-Inquirer BEAVER DAM The Kentucky State Police is investigating a charge that a Beaver Dam Deposit Bank official improperly used the bank's envelopes and postage meter to mail letters soliciting contributions for Ohio County Democrats.

A press release issued Friday by the bank said: "The bank has not endorsed the political campaign of any party or individual and will not do so. It is the policy of the bank to refrain from local partisan politics." The letters were signed by Noah Phelps a bank senior vice president, according to bank President Patricia Furgason. Mrs. Furgason said the letters were mailed without the bank's approval. "He picked up the wrong envelopes without knowing it," she said.

Mrs. Furgason said the bank's board of directors took disciplinary action Thursday against Phelps. He declined to comment Friday. Ohio Jailer Dwight L. "Frog" Westerfield, a Republican, said he wrote to the state police earlier this I 'lilinni i ii ii 1 1 i ml Tm" 1 -Mir By Christopher Carey Messenger-Inquirer A chemical reaction at the W.R.

Grace Co. plant east of Owensboro forced workers to evacuate a warehouse Friday, but officials said the problem was not serious. The reaction was confined to a 50-gallon drum of 2-hydroxyethyl acrylate, a substance used to make latex. Although the substance is hazardous, the workers in the area were not in danger, said Jim Blake, deputy state fire marshal. "The potential was there, but the reality was not," he said.

Simon Sanders, Grace plant manager, said the chemical itself is not hazardous, although the smoke produced during the reaction should not be breathed. Friday, just before 2 p.m, the chemical began to change from liquid to solid for no apparent reason, producing the smoke that escaped from the drum, Sanders said. W.R. Grace did not know Friday how the reaction started, and Simon said it was unusual. "I've been here 26 years, and I've never seen that happen," he said.

Workers left the warehouse, then returned wearing masks and air tanks to identify the chemical and determine how to handle the situation, he said. W.R. Grace also summoned county firefighters because it thought the warehouse might be on fire. Four fire trucks waited at the gates to the plant while a few firefighters wearing protective equipment went inside to assist the workers. The drum was removed from the warehouse and taken to an isolated area at the plant where it did not pose a threat.

Sanders said W.R. Grace would wait until the reaction was over and the chemical was solidified before disposing of it. Workers removed a skylight and turned on four Guard units get new names David Cooper, Messenger-Inquirer Barry Estes of the Thruston-Philpot Fire Department adjusts his mask before entering the W.R. Grace Co. plant to fight a chemical leak Friday.

fans to clear the air in the warehouse. Smoke from the drum reached half the building. Thirteen people were assigned to work in the warehouse, Sanders said. According to the book "Emergency Handling of Hazardous Materials in Surface Transport," 2-hy-droxyethyl acrylate is clear, colorless, corrosive to tissue and combustible at high temperatures. No one was injured in the incident, but two forklift operators and two supervisors who got smoke in their eyes reported temporary eye irritation, he said.

two Owensboro companies is part of a recent reorganization of Kentucky guard units. In August, the Kentucky National Guard announced that Owensboro would lose 101 guard positions. Troop A 240th Armor is being reassigned to Nebraska as part of that move, but its members will stay in Owensboro and become members of the new company forming here. Gordon Nichols, a spokesman for the state guard, said in August that no guardsmen in Owensboro will lose their jobs because the local guard has not been at full strength in recent months. Messenger-Inquirer Two Kentucky National Guard companies in Owensboro will get new names and designations today.

An 8 a.m. ceremony at the National Guard Armory on Parrish Avenue will see Troop A 240th Armor become Company 2nd Battalion, 123rd Armor of the 35th Infantry Division. At the same time, Combat Support Company, 2nd Battalion, 123rd Armor will become Detachment 1, Headquarters and Headquarters Company, 2nd Battalion, 123rd Armor. First Lt. Carlos L.

Smith, a guard spokesman, said the change in the.