Today’s WeaTHER SPORTS Check our website at Mostly sunny in the morning, A stiff test...... 6 www.harlandaily.com for details then becoming partly cloudy. The on a shooting at Lynch that high will be 63 to 68. The low will occurred late Friday night. be in the mid-40s. ...... 2 Vol. 110 • No. 67 SATURDAY, APRIL 6, 2013 50 cents daily | $1 Saturday 1 US Court of Appeals upholds decision $ enslave the people here not caring Act, in section 105 (c), which refused to do it and he was fired. Charles Scott Howard’s 105 (c) if they live or die. They try to keep is the anti-discrimination provi- After filing Code Saturday Bar a 105 (c) case, it was good roads and other industry out sion. Under the Mine Act, min- settled out of court, and as part discharge case is upheld in order to keep people working ers, whether they’re working at of the settlement, Howard gave in the mines. It’s just all about the a union or nonunion mine which up his reinstatement, however he money.” mines coal, silver, gold or anything was then “blackballed” at Harlan Nola Sizemore A Harlan County native, A father of four and grandfather else, have safety rights. They have County mines. This was when he Staff Writer Howard began his battles while living in the county and later con- of nine, 53-year-old Howard said he the right to make safety com- made the decision to relocate to After a long battle to save his tinued his quest for mine safety as and his wife, Susie, have children plaints, right to refuse to work in Letcher County where he began chosen career as a coal miner, a Letcher County resident. and in-laws working in the coal unsafe conditions and anything working for CRCC in Eolia. Charles Scott Howard continues “This has been stressful not mines. A born-again Christian, else which is safety related. It’s In 2007, while employed at working at Cumberland River only to me but to my family,” said Howard said he believes what the illegal to discharge or otherwise CRCC Band Mill No. 2 Mine, Coal Company (CRCC) Band Howard. “I’ve been a safety advo- Bible says to “love your neighbor discriminate against a miner for part of Howard’s job was to check Mill No. 2 Mine, a subsidy of cate since the late 1980s. You are as yourself” and because of that he using his safety rights. seals, where areas of the mine energy giant Arch Coal, at Eolia in always wondering how long your has tried to pave the way for those Originally, Howard began is first which are inactive and not being Letcher County, after the adminis- job will last knowing you have to behind him, making their lives a battle when he filed a 105 (c) law- used, have been sealed off because trative law judge’s (ALJ) decision work to feed your family. I love the little easier and a lot safer. suit at a Harlan County mine when of issues such as methane gas or that CRCC had unlawfully fired Appalachian people and I know Striving since the 1980s for he refused to roof bolt because the “black damp” and water seek into Howard because of his numerous people around here have worked mine safety in underground coal bolting machine didn’t have an the active parts of the mine. safety activities was upheld by the hard all their lives. I know for over mines, Howard has sought relief automated temporary roof sup- “Scott’s job was to monitor U. S. Court of Appeals for the 6th 100 years, coal has been king and under the Federal Mine Safety port system, which was required those seals and do a pre-shift Circuit on Thursday. the coal companies use that to and Health Act of 1977, more at that time. The company wanted commonly known as the Mine him to bolt without one and he See COURT | 3 Friendly Village Greenhouse opens Joe P. Asher | Daily Enterprise Fred Scott Howard stands with his attorney Otis Doan in front of Judge Robert McGinnis during his arraignment Thursday. Howard, Blevins, Carlisle arraigned Nola Sizemore | Daily Enterprise in circuit court Friendly Village Greenhouse (FVG), located at the Cumberland River Comprehensive Care Center in Harlan, has now opened with a Joe P. Asher University was also found large assortment of flowers, hanging pots and vegetables. Pictured from left are: Robby Henson, FVG aide, and client Dale Fulkerson, of Staff Writer among the stolen items. Evarts, who assists Henson. The greenhouse offers ferns, double impatiens, lantana, geraniums, wondering Jews, petunias, tomatoes, According to a report, peppers, cucumbers, watermelons, cantaloupes, squash and more. Hours of operation are 8 a.m. to 3:30 p.m. Monday through Friday and Harlan Circuit Court Howard, Blevins and Saturdays from 9 a.m. to 1 p.m. For more information, you may call 574-0096. handled several arraign- Carlisle were arrested about ments Thursday, including a month ago on charges three for receiving stolen related to thefts that property and one for custo- occurred in Middlesboro. dial interference. According to Middlesboro Tremont woman faces drug charges Fred Scott Howard, 34, Police Chief Jeff Sharpe, the of Baxter, Chandra Blevins, stolen items were all taken phernalia and public intoxication 29, of Baxter, and Bobbi from unlocked cars in the Meth lab discovered in Barbourville by controlled substance (excludes Carlisle, 26, of Baxter, parking lot of Middlesboro alcohol). were arraigned separately Mall. Joe P. Asher the syringe over voluntarily, police In other police news, a Knox by Special Judge Robert In addition to three Staff Writer said. County couple have been arrest- McGinnis on indictments counts of receiving stolen The citation states ed on drug charges by resulting from alleged property counts, Carlisle’s A Tremont woman faces drug Hancock attempted to hide the Barbourville Police activities that occurred in indictment also included charges after police allegedly found half of a white round pill Department and Kentucky February. a fourth count of fraudu- drugs and drug paraphernalia on in the backseat, as well State Police. According to the indict- lent use of a credit card. her after she was arrested on a Bell as attempting to hide a Larry Dye, 34, and his ments, on or about Feb. The card allegedly used 8, Howard, Blevins and County warrant. Suboxone strip pack in the wife Amy Dye, 30, both of by Carlisle belonged to Sylvia Hancock, 38, was arrested crack of the rear window. Carlisle each commit- Nunnelly. Barbourville, were arrested ted the offense of receiv- Richard K. Davenport by Kentucky State Police Trooper Hancock was lodged Thursday after Chief Mike Rodney Sturgill on Thursday. ing stolen property. The Jr., 18, of Loyall, was also in the Harlan County Broughton noticed suspi- indictments state all three arraigned Thursday on According to the citation, Detention Center on charg- cious activity in the Union Sylvia Hancock defendants knowingly a one-count indictment Hancock advised authorities she es of third-degree posses- Plaza parking lot. received, retained or dis- charging him with custodi- had a syringe on her once she sion of a controlled sub- According to a press posed of property with al interference. The indict- arrived at the Harlan County stance, tampering with physical the knowledge it had been ment alleges Davenport Detention Center. Hancock handed evidence, possession of drug para- See CHARGES | 2 stolen. They were found took a minor from her to have in their posses- custodial guardian, Rhonda sion items belonging to Rose. Toadie Nunnelly and Mir Ali. An iPhone belong- Reach Joe P. Asher at 606-573-4510, Morris selected for university’s athletic hall of fame ing to Lincoln Memorial ext. 113, [email protected] Special to the Enterprise and coached college bas- ketball and baseball. His The University of the brother, Victor Morris, Cumberlands honored a ‘64, preceded Roger at Grave-marking set for special group of former ath- Cumberland, and was letes as they were inducted selected a Small College into the 2013 Athletic Hall All-American in baseball Revolutionary War solider of Fame recently. before being inducted into Among them for his ath- the Athletic Hall of Fame at The Martin’s Station Chapter of the Virginia Society letic and coaching success Cumberlands in 2002. of the Sons of the American Revolution conduct a is Lynch resident and long- Morris graduated grave-marking service to perpetuate the memory of time coach Roger from Keokee Revolutionary War Soldier Jonathan Smith on April 13, Morris. High School at 11 a.m. Born the son of and enrolled The SAR Patriot marker will be placed on Smith’s Victor and Maxie Local at Cumberland grave and dedicated. Morris in Keokee, College in the Also participating will be The Mountain Trail Chapter Va., Morris is the fall of 1962. His of the Kentucky Society of the Daughters of the American ninth of 10 chil- Folks brother, Vic, was Revolution and the Major George Gibson Chapter of Longtime coach Roger Morris, center, is honored during the the Virginia Society of the Daughters of the American dren including a senior that year University of the Cumberlands Athletic Hall of Fame. Presenting seven girls and three boys. and they played baseball Revolution. the award were L.C. Madron, left, a member of the hall of fame Another part of the service is the decoration of the Father, Victor Sr., played together for one season. committee, and Dr. James H. Taylor, university president. baseball in the coal fields Roger’s yearly batting aver- grave with wreaths or other floral arrangements open to in the late 1920s and early age at Cumberland consist- against Campbellsville After his graduation any SAR, DAR, and any other appropriate organization 30s.