The Courier-Journal from Louisville, Kentucky • Page 20

A 20 THE COURIER-JOURNAL, LOUISVILLE, KY. WEDNESDAY MORNING, AUGUST 26, 1970 Zoning Ruled Counties9 Only Strip-Mining Curb Jefferson County Acts Against Junked Autos to the exclusion of such strip mining and 111 mmilmmmism from all public rights-of-way and other public property in Jefferson County. The Works Department also has authority to remove junked cars from private property provided "written consent is obtained from the owner or the occupant-owner." If the property owner refuses consent, the Health Department can cite the person for maintaining a public health nuisance. Miller said he discussed the problem with health authorities, who concluded that "such inoperable automobiles are potentially dangerous to children and would represent a nuisance and source of filth" sufficient to warrant a citation. Fiscal Court also yesterday: Approved the county Police Department's hiring of 43 school-crossing guards for the coming school year.

vGave "5 per cent annual increment raises" to 42 employes of the Metropolitan Social Services Department; including two that boosted Research Director De-lores Delahanty to $11,292 a year and Ormsby Village Supt. Jerome Hissong to $12,864 a year. Van Down to A JOB WELL DONE, Richard Marohl of Racine, seems to say as barber Dennis Peterson, who specializes in longer hair styles, gives him a first look at the haircut Marohl, a high school football player, ordered "so the coach can't pull it." Louisville Area Deaths and Funerals By LIVINGSTON TAYLOR and ANNE PARDUE Ceuritr-Journil Stiff Wrlttrc FRANKFORT, Ky. Counties cannot completely ban strip mining as a public nuisance but they can "reasonably regulate" it under planning and zoning laws, state Atty. Gen.

John B. Breckinridge said yesterday in a long-awaited legal opinion. "The General Assembly has recognized strip mining as an industry in Kentucky, when properly regulated, and has not granted our fiscal courts the power and authority to prohibit its operation as such," Breckinridge stated. This was among his conclusions in a 30-page opinion. The attorney general also said: "Fiscal courts have the power and authority, within the limitations imposed by law, to reasonably regulate strip mining by planning and zoning." The opinion, which has no force of law, was prompted by the efforts of county officials in Knott, Henderson and Leslie counties to prohibit or control strip mining.

The Henderson and Knott fiscal courts have passed resolutions banning strip mining. However, there are no strip mines operating in Henderson and thus the resolution there, passed last January, presented no immediate threat to the industry. In Knott, an area with considerable strip mining, fiscal court on June 6 voted to prohibit future operations not already under state permit. The State Reclamation Division on June 11 asked Breckinridge for an opinion on whether it should issue more permits in Knott. After 49 days without a reply, the sion on July 30 issued eight permits in Knott and since then has issued seven more.

Some of the companies reportedly have begun work, but county officials said they would wait for Breckinridge's opinion before taking any action to enforce their resolution. Knott County Judge Sid Williams said yesterday no decision on future action has been reached. Fiscal court's next scheduled meeting is Sept. 5. Knott County Atty.

J. R. Morgan reserved comment until he has a chance to study Breckinridge's opinion. Henderson County Judge John S. Hoffman said yesterday he wants to fortify his county's outright ban of strip mining with a further prohibition under planning and zoning.

The county has no zoning program now but is in the process of forming a zoning commission. Leslie County also has taken preliminary steps toward regulation through planning and zoning, but County Atty. R. C. Muncy said yesterday a committee appointed to make recommendations has not met as yet.

As examples of how planning and zoning authority might be used to ban strip mining in certain areas, Breckinridge said: "The areas surrounding Buckhorn, Fishtrap and Carrs Fork reservoirs and Dewey Lake and the major tributaries thereto, might well be zoned recreational Retire-at-57 Injunction Appealed by Lexington LEXINGTON, Ky. (AP) The city of Lexington has asked the Kentucky Court of Appeals to dissolve an injunction restraining it from enforcing a mandatory retirement ordinance for city police and firemen adopted Aug. 6. The injunction was issued by Circuit Judge Armand Angelucci two days after the City Commission, by a vote of 3-2, adopted the ordinance setting 57 as the mandatory retirement age. This is the second time the city has asked the appellate court's help in establishing the mandatory retirement ordinance.

After an injunction was issued May 27 By Circuit Judge James Park blocking a retirement ordinance passed by the commission the day before, the city appealed, but the Court of Appeals upheld Park's decision. oiner uses as migm prove prejuun-iai. "Areas contiguous to state or natural parks, or valuable mountain-top scenery as seen from tourist centers such as Pine-ville, might be appropriately "That tourism li an important industry to Kentucky, entitled to protection, invites no argument. "Moreover, the federal government has spent millions of dollars creating lakes and reservoirs in Kentucky that should be protected from siltation damage and pollution from any operations, including strip mining," Breckinridge stated. As a further remedy, the attorney general said either private citizens or city or county officials may file suit for damages and injunctions if strip mining creates a private or public nuisance.

Breckinridge on Aug. 5 issued an opinion setting forth possible remedies to the problem of overweight coal trucks and in yesterday's opinion he expanded on that issue by bringing the Division of Reclamation into the picture. Nunn Has No Comment "The Division of Reclamation should not issue permits to strip-mine operators whose coal is being, or to be, hauled in overweight or oversized coal trucks," Breckinridge stated. "All of the licensing and regulatory agencies of the state are integrated into the executive branch of government and it cannot be the policy of the state that one segment of the executive branch-encourage and permit conduct prohibited and proscribed by another segment of, government," he said. The office of Gov.

Louie B. Nunn said he had no immediate comment on the opinion. Breckinridge did not release the opinion in person. He has been ill at home for several days. Pollution Board Cites Operators Of 4 Oil Wells Tht Courier-journal Bureau FRANKFORT, Ky.

The Kentucky Water Pollution Control Commission has cited four oil-well operators for alleged pollution as part of a new, tougher enforcement policy toward oil and gas producers. The commission's staff, under a longstanding law, began about July 1 to require operators who discharge wastes into public waters to get a permit. Although there had been some inspections in the past, permits had not been required. "We felt now is the time to do what should have been done years ago, to issue permits," Herman D. Regan chief sanitary engineer for field activities, explained yesterday.

The first hearing scheduled under the new policy was yesterday, on a complaint against Green River Gas Greenville, for polluting Elk's Creek, a tributary of Pond River in Hopkins County. However, the hearing was postponed to allow the company to arrange for a stenographic reporter. The company's president, John Vogler -of Greenville, said afterwards that he. believes any pollution problem has now been corrected. Two more hearings are set for Sept.

17, on complaints against: Oil Ventures, Berwyn. 111., and A. W. Roach, Edmonton, for pollution of Brush Fork, Petty Creek, in Adair County. i Carolis Wooden, Upton, for pollution of Russell Creek in Adair County.

A fourth complaint is against SparT Oil Owensboro, for pollution of Sputzman Creek, a tributary of the Green River, in Henderson County. However, commission attorney David Short said officials have been unable to serve the complaint on a representative of the company, Robert Gibson, Owensboro, -and no hearing date has been set. tect gums from bruising. Vou may bite harder, chew better, eat more naturally. Fixodent may help you speak more clearly, be more at ease.

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AM TO 12 NOON 584-0269 By JAMES NOLAN Couritr-Journal Stiff Wrlttr Jefferson County government, which i already has opened wars on litter, junk-' yards and overweight trucks, yesterday moved against junked automobiles. The plan, proposed by County Atty. J. Bruce Miller and adopted yesterday by Jefferson Fiscal Court, calls for a private company to dispose of the junked cars by a shredding process. County Works Director Friend Lodge told Fiscal Court that there currently are about 200 inoperable cars stored in a 1st District lot in the eastern part of the county and about "150 to 200 more" uncollected ones scattered elsewhere.

A resolution passed by the court described junked cars as a "serious problem" and a "source of filth and a condition to public health and well being." Two Solutions Possible The county plans to solve the situation in one of two ways: By buying a crane and flatbed truck, at a cost of from $12,000 to $15,000, to haul the cars to the shredder. Miller said Processteel, of 125 N. Preston, indicated it would dispose of the cars if they were hauled in at no expense to the company. Or, by paying the company $15 per car to haul them and destroy them. Miller said Processteel is the only com-, pany in Jefferson County capable of doing the work.

He said junked cars have been a continuing headache for other cities because they have had no way to get rid of them. "They move them from lot to lot like so many checkers," he said. The county attorney who worked out the program with Community Relations Coordinator Charles Dibowski, the Works Department and the city-county Health Department said Jefferson was fortunate in having one of the few companies in the country with adequate shredding machinery. Louisville Asked to Participate At the suggestion of Republican Commissioner Maurice Archer, Miller said he would investigate whether Processteel could also handle disposal of junked stoves, refrigerators and other appliances. In the meantime, Fiscal Court decided to ask the company to haul in the autos itself, at $15 per car, until the county makes a final decision on what course to follow.

Miller told a reporter that he has invited the city of Louisville to participate in the program but has not received a response. However, he said the county does have authority to pick up junk cars within the city limits. In a letter to the court, Miller said an investigation "of several months" by his office and other agencies concluded that: vThe Works Department has the authority to remove inoperative automobiles Panel to Select Anti-Vandalism Steering Group The organization of a citywide effort to combat vandalism reached the committee stage yesterday, as police and industry representatives met for a second time to discuss the problem. Lt. Ed Paul, of the Louisville Police Department, agreed to select a nominating committee from interested parties industry, labor, community groups, parents and youth.

This committee will submit its nominations Sept. 24 for a steering committee to guide the entire effort. The group that has met so far has been known as the Mutual Aid Committee. Col. C.

J. Hyde, Louisville police chief, had suggested a wider base of participation in the group. At the meeting yesterday in police headquarters he said, "We have to involve all the people of the community. The police department wants to do all it can to help, but I don't think we should run the program." Youth Falls Under Train The problem came to public attention last month when officials of the Kentucky Indiana Terminal Railroad went to Louisville Safety Director George C. Burton with their complaints.

Since then the police have met twice with industry officials and held a public meeting at a church in western Louisville to hear from parents and community representatives. Last Friday, a 19-year-old Louisville youth was decapitated when he fell from a moving train on which he apparently had tried to "hop" a ride. Monday, traffic at the state fair was blocked when vandals shut off the air lines of a slow moving freight and forced it to stop. A target area bounded roughly from Broadway south to the city limits and 22nd Street west to the Ohio River had been selected to start a program of child and adult education aimed at preventing further vandalism, Lt. Paul said.

But at yesterday's meeting, objections were voiced against this effort. E. Dee-don Alston, of the city Housing Authority, said, "It will create antagonism if you pinpoint the problem only in the West End." 'Far Beyond Railroads' Frank T. Jenkins, of the Louisville Nashville Railroad agreed. "There's a lot of trouble on the eastern side of town, too," he said.

Henry Lake, representing the AFL-CIO, noted that the vandalism problem "goes far beyond railroads." It was after these arguments that the group decided to organize on a citywide basis. Besides the railroad men, representatives were on hand from A Yellow Cab, Brown Williamson Tobacco, Reynolds Metals, Anderson Wood Products, the Chamber of Commerce, the Louisville Board of Education and the Park-Duvalle Community Center. Mrs. Carl V. Grant, 85, the former Elizabeth Thompson, died at 2:25 a.m.

Tuesday at Kentucky Baptist Hospital. She lived at 934 W. Clay except for 18 months of her lifetime. Her husband died May 29. She was a member of the Meadow Hill Baptist Church.

Survivors include a daughter, Mrs. Antha Mae Fawbush; four sons, Andrew (Ham), Eugene, Bob and Albert Grant; 11 grandchildren and 21 great-grandchildren. The funeral will be at 2 p.m. Thursday at Arch L. Heady Okolona Funeral Home, 8519 Preston Highway, with burial in Pennsylvania Run Cemetery.

Mrs. T. Johnson Hill, 48, of 2319 Brad ford Drive, died of heart arrest at 11:35 p.m. Monday at St. Anthony Hospital.

She was the former Elizabeth Johnson, a native of Lebanon, Ky. She was a member of the SS. Mary Elizabeth Hospital Auxiliary and the Crescent Hill Homemakers' Club. Survivors include her husband; a daughter, Miss Mary Kay Hill; a son, Kenneth Hugh Hill, and her mother, Mrs. Mary Katherine Johnson.

The funeral will be at 9:30 a.m. Thursday in St. Martha Catholic Church, 2825 Klondike Lane, where she was a member, with burial in Calvary Cemetery. The body is at Ratterman's, 3800 Bardstown Road. Crawford T.

(Sky) Moore, 65, of 1307 Central, suffered a heart attack while eating at a restaurant near his home. According to Chief Deputy Coroner William S. Anderson, Moore was pronounced dead at 12:45 p.m. Tuesday at Methodist Evangelical Hospital. Crawford was a retired employe of the Ford Motor Co.

paint repair department, where he worked for 38 years. A native of Spencer County, he was a member of Ninth and Baptist Church and the Plumb Masonic Lodge No. 862. His wife, the former Leffa Williams, survives. The funeral will be at 11 a.m.

Friday at Arch L. Heady Southern Funeral Home, 3601 Taylor with burial in Resthaven Memorial Park. The body will be at the funeral home after 5 p.m. Wednesday. Alvin C.

Mueller, 78, of 987 Vine, died at 5:15 a.m. Tuesday at Jewish Hospital. He had retired as a machinist after 50 years with the Louisville Nashville Railroad Co. Mueller was a member of the Mount Zion Masonic Lodge. He is survived by his wife, Mrs.

Evelyn Mueller. The funeral will be at 11 a.m. Thursday at the Arch L. Heady Sons Funeral Home, 1201 E. Oak, with burial in Rest-haven Memorial Park.

Walter Nunnely, 45, of 537 S. 21st, died at General Hospital Sunday morning. He was a native of Marshall County, Mississippi, and a driver for the Star Cab Co. Survivors include his wife, the former Christine Owes; his mother, Mrs. Ida Mae Wilkins, of Memphis, three daughters, the Misses Ida Mae, Sheila Ann and Jeannette Lunett Nunnely, and three sons, Patrick, Gury Gary, and Gerald Nunnely, all at home.

The funeral will be Wednesday at 2 p.m. at Rowan Grevious Mortuary, 1400 Beech, with burial in Greenwood Cemetery. Mrs. George W. Ridge, 85, of 1817 Alfresco Place, died at 8:10 a.m.

Tuesday at St. Anthony Hospital. She was the former Gertrude Moore. Survivors include two daughters, the Misses Marian K. and Florence G.

Ridge. The funeral will be at 10 a.m. Friday at St. Francis of Assisi Catholic Church, 1960 Bardstown Road, where she was a with burial in St. Michael Cemetery.

The body will be at Bosse Funeral Home, Barret and Ellison, after 4 p.m. Wednesday. Associated Press Bare Facts Charles Oscar (Oc) Rodgers, 66, a finisher for the Mathis Cabinet Shop, died at 8:50 p.m. Monday at SS. Mary Elizabeth Hospital.

He lived at 4034 Lisa. Rodgers was a member of the Parkland Masonic Lodge and the Honest Abe Council, Junior Order of United American Mechanics. He is survived by his wife, the former Helen Lay; a daughter, Mrs. Thurston Stringfield, and a grandson. The funeral will be at 11 a.m.

Thursday at the W. G. Hardy Shively Funeral Home, 4101 Dixie Highway, with burial in Louisville Memorial Gardens, West. Mrs. Rebecca E.

Schumacker, 74, of 1081 Eastern Parkway, died at 3:20 p.m. Monday at St. Joseph Infirmary. She was a member of Jefferson Church of Christ. Survivors include a son, Delbert E.

Schumacker, and a grandchild. The funeral will be at 2 p.m. Thursday at Russman Son Funeral Home, 1041 Goss, with burial in Louisville Memorial Gardens, East. Mrs. August L.

Westefield's funeral will be at 9:30 a.m. Thursday at Holy Spirit Catholic Church, 3345 Lexington Road, with burial in Calvary Cemetery. The body will be at Ratterman's, 3711 Lexington Road, after 2 p.m. Wednesday. Gilbert A.

Willinger, 57, a mechanic for Cummins Diesel Sales of Louisville, died of a heart attack at 6:30 p.m. Monday. Deputy Coroner Barry Foreman said Willinger was putting a radiator hose on an automobile in his driveway at his home, 2112 Belmont Road, when he collapsed. Before joining Cummins, he was a mechanic for 15 years in the Jefferson County maintenance department. He was a member of the Brennan Democratic Club.

Survivors include his wife, the former Elsie Humphrey. The body is at Arch L. Heady Son Funeral Home, 1201 E. Oak. Indiana Deaths BORDEN Mrs.

Lillie B. Todd, 71, died Monday. Funeral, 2 p.m. Thursday, Haas Funeral Home, Sellersburg. JEFFERSONVILLE The funeral for Mrs.

Etta (Bailey) Sager, 76, will be at 10:30 a.m. Thursday at Coots Funeral Home. She died Tuesday. NEW ALBANY Mrs. Daisy (Lamb) Kephart, 74, died Tuesday.

The body will be at Kraft Funeral Home after 6 p.m. Wednesday. FCC Opens Hearing Into Lexington Station LEXINGTON, Ky. (AP) A Federal Communications Commission (FCC) hearing involving the license renewal of a Lexington AM radio station yesterday produced testimony mentioning alleged billing irregularities in the station's advertising accounts. FCC Hearing Examiner Millard French will decide whether to renew the license of WVLK, a station owned by Blue Grass Broadcasting Co.

Company president Hart Hagan Jr. testified in the first day of the hearing yesterday that he was ordered in 1967 by Lexington financier Garvice D. Kin-caid who controls Blue Grass Broadcastingto investigate "billing improprieties" concerning the station's advertising accounts. The hearing is a probe into the station's alleged misrepresentation of its commercial-air-time standards and compliance in airing public service announcements. 4420 Jflt I ill QiL John A.

McKinney Charles Samuel Brown, 66, of 2829 New High, died at 3:15 a.m. Tuesday at General Hospital. He was a native of Bullitt County, Kentucky, and a retired employe of the Durkee Famous Foods Corp. Survivors include his wife, the former Gladys Blakely; five daughters, Mrs. Loy Carr, of Kansas City, Mrs.

Delmer Calhoun, Mrs. Miles Fox, Mrs. Joseph Brown and Mrs. Orville Morton; five sons, Ernest, Samuel, Joseph David, Stanley and Richard Owen Brown; his mother, Mrs. Hester Brown; 23 grandchildren and two great-grandchildren.

The funeral will be at 3 p.m. Thursday at McDaniel Funeral Home, 4339 Park with burial in St. Stephen Cemetery. William C. Cochran, 49, of 1603 Jefferson, died at Louisville Memorial Hospital at 2:30 p.m.

Sunday after a long illness. He was a native of Taylorsville, and a veteran of World War II. He is survived by a sister, Mrs. Marie Stewart. The funeral will be at 10 a.m.

Thursday at St. Boniface Catholic Church, 501 E. Liberty, with burial in Eastern Cemetery. The body is at G. C.

Williams Funeral Home, 1935 W. Broadway. Ralph L. Crosier, 63, who operated a grocery at 23rd and Ormsby for 37 years before he retired nine years ago, died at 9 p.m. Monday at his home.

Deputy Coroner Barry Foreman said he died of congestive heart failure. Crosier lived at 2262 Bradford Drive and was a native of Laconia, Ind. Survivors include his wife, the former Mary Alice Lenahan; a son, John C. (Chris) Crosier, two daughters, Mrs. Albert H.

Donhoff and Miss Frances E. Crosier, and five grandchildren. The funeral will be at 11 a.m. Thursday at St. Martha Catholic Church, 2825 Klondike Lane, with burial in Calvary Cemetery.

The body is at Ratterman's, 3800 Bardstown Road. Aitice N. Davis, 2-month-old daughter of Mr. and Mrs. William Davis, of 2731 Algonquin Parkway, Apt.

4, died Tuesday night at Children's Hospital. Deputy Coroner Barry Foreman said an autopsy would be performed. Survivors besides her parents, include a brother, Frederick LaMont Davis; and grandparents Norman Davis of New York, Mr. and Mrs. Eugene Jones, and State Sen.

Georgia Davis. The funeral will be at 10 a.m. Thursday at Hathaway Clark Funeral Home, 2718 Virginia, with burial in Louisville Cemetery. The body will be at the funeral home after 11 a.m. Wednesday.

Otis Lee Dever, 81, who retired only three years ago as an executive of the Home Juice of Cleveland, Ohio, died at 4:20 a.m. Tuesday at Jewish Hospital. He lived at 2629 Bank and was a native of LaRue County, Kentucky. Survivors include four daughters, Mrs. Pauline Underwood, Mrs.

Ruby Bell, Mrs. Beulah Harness and Mrs. Betty Thomas; two sons, Orville and James R. Dever; 23 grandchildren and 18 great-grandchildren. The funeral will be at 12:30 p.m.

Thursday at McDaniel Funeral Home, 4339 Park with burial in Hebron Cemetery. Charles A. Donohoo 55, of Monroe, formerly of Louisville, died at 12:30 a.m. Tuesday at Clark County Memorial Hospital, Jeffersonville. He was a retired painting contractor, and former owner of the Sales Service 217 S.

34th. He was a member of Grace Lutheran Church. Survivors include his wife, the former Minerva Moore; a daughter, Mrs. Viola Webb, of Charlestown, three sons, Charles Donohoo Thomas L. and Clifford D.

Donohoo; his mother and stepfather, Mr. and Mrs. Clifford Schunt-erman, and nine grandchildren. The funeral will be at 11 a.m. Friday at Dunn Memorial Funeral Home, 518 N.

26th, with burial in Sellersburg, Cemetery. The body will be at the funeral home after 11 a.m. Wednesday. Earthquake-Proofing Expert Dies TOKYO (AP) Dr. Tachu Naito, one of Japan's foremost experts on earthquake-proof structures, died in Tokyo yesterday.

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