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Thursday, June 14, 1951 THE CLINTON CHRONICLE Page Seren it PIANO PUPILS PRfSENT RECITAL The pupils of Mrs. Joe E. Land presented the following musical program in Academy Street school auditorium last Friday evening: Invocation y :: Rev. J. W. Spillersj 1 "Tumble-Town Cake Walk” June Weybright;D-I--- f f* r Allr l Joan Burgess, Martha Joan Reeder I DvIOlv Va vOUn Sales Tax, School Bond Issue Argued "*Ttiickx On the Pond Ann Middleton t^^^QCQrdian Man Joan Burgess "‘Good Night, Sweetheart” A, Clara Heaton, Shirley Hedspeth Singing Fingers a»aaa Betty Sue Spillers "The Wood ^Tympha ..h..... Genell Carley J3allet Dance **^*** - . Loraine Patterson "Trish tATashetwoman , Margaret Madden “Donkey Serenade" Pat Cunningham, Peggy Davenport Bernice Frost’ . C. Franz Koeller Catherine Daniel . Florence P. Rea “At Evening” * ^ “Waltz” "‘Sandman’s Near” “Minuet” Clara Heaton Pat’Cunningham ••••■••■••••••■•••■•••••■••a*•«•••• Dorothy Ann Bigbee Peggy Davenport Columbia, June 11.—^Expediency should “play an important part” in determining constitutionality of the $75,000,000 school building bond is sue and three percent retail sales tax voted by the 1951 General As sembly, the State Supreme Court .... Opal L. Hayes was told today. I The matter of expediency was Frances Montague. raised by State Attorney General j T. C. Callison during argument of Eric Steiner g test case against the entire school program. An avowed aim of the program is equalization of public educational facilities between Ne groes and Whites. The program, all features of which were lumped in the 1951-52 volved.• Callsion agreed that “the vital question” concerns the matter of the proposed bond issue “as * re lated to the educational system of the state.” The school program, he con tinued, is the state's answer to the demand for an educational sys tem that will provide educational facilities for all children and at the same time meet federal court requirements.” “Shall we adopt this or as a last hope depend on a revolution?” he asked. SUBSCRIBE TO THE ^HRONICLE “The Paper Everybody Reads” Last Carolina Confederate Has Birthday Orangeburg, June 10. — White- beareded Arnold Murray .enjoyed his 105th birthday cake near heVe today. — — The cake, bearing five candles, was inscribed, "Happy Birthday,! Uncle Arnold, 100 Plus!” To help the only surviving Con federate veteran in the Caroiinas eat his cake and celebrate his birthday, scores of friends and relatives assembled at Murray’s backwoods country cabin 10 miles from here. “I’m mighty happy at having ,?dl this company,” observed the aged veteran. * He was guest of honor at the impromptu birthday party held in the front yard. The crowd of visitors, including many great- great-great-grandchildren, brought their own picnic lunches to spread under the tree in honor of the oc casion. Murray became the only surviv ing Confederate in the Caroiinas when Samuel E. Benett, North Carolina’s last survivor, died March 9 at the age of 100. N. Louise Wright ..... Johann Strauss, Jr. Ella Ketterer Rhythm Band—“Humpty Dumpty," “Mary Had A Little Lamb,” “Yankee Doodle” “America” (arr. Harold Lindler) : i Mozart generaj, appropriations act, was pic tured by Callison and State Sena tor Edgar A. Brown of Barnwell, as the means by which segregation .. . . „ _ _ . _ . r>i i. °f White and Negro school pupils Mary Madden, Era Lois Hames, Joann Price, Maria King, Susie Black, _ u. maintained Jimmy Kinard, Slick McWhorter, Brenda Fallaw, Mike Yarbrough, Gale y Brookshire, Marion Calvert, Kay Kirby, Billy Ballard, David Templeton, Joan Burgess, Betty Sue Spillers, Margaret Madden, Ann Middleton, and Loraine Patterson. “Little Dutch Dance” - - - - Helen L. Cramm Ruth Trammell “The Banjo Picker” - N. Louise Wright Genell Carley, Martha Joan Reeder “On the Road to Mandalay” Maxwell Eckstein Bernice Frost H. P. Hopkins Buddy Yarborough, accompanied by Mrs. Land ^ "The Little Patriot March” - - C. W. Krogmann Ruth Trammell, Marlene DeYoung, Donald Powers F Polish Dance” - Bernice Frost Dawn Campbell "Teddy Bear Picnic” (Chorus) John W. Bratton "‘The Ghost In the Chimney” - Shirley Hedspeth “On the Trapeze” Marlene DeYoung “Watching the Soldiers” Margaret Madden, Ann Middleton, Betty Sue Spillers "‘Starlight Waltz” - C. S. Brainard Donald Powers “Is Yo’, Yo’ Is” Carrie Jacobs Bond Alma Spillers, accompanied by Mrs. Land “Approach of Spring” - — Charles Lindsay Peggy Dunaway, Loraine Patterson “Chinese Holiday” Bernice Frost Pat Davenport “Little White Moon” - - - Bertram Brown a Mrs. Eva West, accompanied by Mrs. Land “Shortnin’ Bread” Jacques Wolfe The test case — a so-call*d “friendly” suit—was in the name of F. M. Roddey of Columbia, for mer Fairfield county legislator. It was brought against Gov. James F. Byrnes, State Treasurer Jeff B. Bates, State Supt. of Edu cation Jesse T. Anderson, Secre tary of State O. Frank Thornton, and members of both the State Tax Commision and the newly created State Educational Finance Com mission. A decision of the court is ex pected before July 1, when the sales tax is effective. Clint T. Graydon and his son, A. T. Graydon, Columbia attorneys, representing Roddey, challenged constitutionality of the appropria tions act on many and varied counts. Callison, Brown and Huger Sinkler, Charleston bond attorney,! contended that it met all constitu-’ tional requirements During the arguments, the court was reminded that a direct attack on race segregation in the state’s public schools now is in the hands of a three-judge federal court. A. T. (Gus) Graydon said the case, “in a sense,” is a friendly Peggy Dimaway Melody Club: “The Song and the Breeze” - Dvorak | . „ , . “Drink To Me Only With Thine Eyes”— Paul Bliss! suit and ..m all fairness the peti- “Schmetterling” - Gustav Merkel turner ( Roddey) hopes that what . Alma Spillers “The Guitar" Jessie L. Gaynor Dawn Campbell, Leon Hedspeth “The Cathedral At Twilight” i Benard Wagness Jackie Franks . “Swaying Daffodils".. —•— — A. R. Overlade ’ t Donaree Cauble * ‘Hungarian ^4elody —..........—....—.....—..........—... Feltott Buddy Yarbrough, Jackie Franks i“Calm As the Night” Carl Bohm m Catherine Dunnaway “Sur-la Glace’ a Sweet Briar” Caroline Crawford Donnaree Cauble, Pat Davenport “Remembrance” Carl Reba Elizabeth Cole "Tea for Two” — Catherine Dunaway, Alma Spillers “ Tis Me, O Lord” (Chorus) — “Dyanna”— Elizabeth Cole, Jackie Freaks Vincent Youmans H. T. Burleigh Edward Holst Guild Certificatee Awards Benediction — Mr. George Cornelaon Mr. W. R. Anderson Rev. J. V. Cole Babb Memorial Services Held At Laurens Tuesday Laurens, June 11. — Memorial services for the late R. E. Babb, who died in this city January 27, were conducted by the Laurens Bar ^association Monday afternoon in the court house during the Court of general sessions. ^ « A motion to hold this service ana that the eulogies be printed in Dr. Felder SmHh Optometrist Laurens/S. C. 126 EAST MAIN STREET Seath Side Public Square HOURS FOE EYE EXAMINATIONS: 9:M to 546 Wednesdays »:M to 12Ji Phone 714 book form, made by H. S. Black- well, president of the Laurens Bar association, was granted by presid ing Jva’ge Steve C. Griffith and or dered made a part of the court record. Eulogies were delivered by Al bert C. Todd of Greenwood, a for mer member of the Laurens Bar; Federal Judge and former Gov ernor R. A. Cooper of Greenville, a former law partner of Mr. Babb; and members of the Laurens Bar association. Mr.. Todd, who was the first speaker, dwelled mainly on Mr. Babb as a friend, neighbor and Christian gentleman. Others spoke of him as a lawyer and as to the patriotic part he played in the life .of the city, county and state. Judge Cooper referred to the 20 years of their association together and said that Mr. Babb’s outstanding quality was his sincere devotion to the functions of a lawyer. Mr. Babb had been a member of the Laurens Bar since 1899 and had served as special judge a number of years. Attending the ceremony besides members of the Babb family were large numbers of friends from the city and throughout the county. Sillyettes by A. B. C. Finance Co. "Aw, Grandpa ain't feudin'.. just wants to hunt down Mr. Crouch from A. B. C. Finance Co., and thank him for the loan!' A. B. C. Finance Co. QUICK CONFIDENTIAL LOANS 104 Pitts Street Clinton, S. C. he has to say is much sound and fury signifying nothing.” He declared, however, that “g r a v e” constitutional questions exist He described the issue as one of “sociological progress ver- 1 sus the basic law of the state.” C. T. Graydon disagreed with his son about the suit being friendly j because “I am trying to strike down the act.” “We have made an honest fair, sincere and studied effort to raise, all the constitutional questions we could,” be added. The elder Graydon said if the educational program is sustained “the state will be able to go for ward and equalize facilities,” but that is'no reason for the court to “go into the teeth” of the consti tution. He then took up briefly most of the points presented in his printed brief. His main attack was leveled at the proposed bonds, which he called the “material question.” These bonds, he asserted, will constitute a ::mortgage on the fu ture endeavor, labor, income and' happiness of the people of the, state. He cited, of course, the consti tutional provision against- any in crease* of the public debt except for ordinary and current expenses without a two-thirds vote of the people. liie state’s answer to that was what is known as the “special fund doctrine.” When a special fund is created to take care of a debt, there is no need for a popular vote. Callison and Sinkler maintained. In this case, they said, the sales tax pro ceeds constitute a special fund be-" cause they are earmarked for re tirement of the proposed bonds. ( In 1929, the State Supreme Court upheld the $65,000,000 high way bond act on the special fund doctrine. Gasoline tax revenue was pledged for payment of the bond principal and interest.) Graydon argued also that the act was not passed in ac^rdance with established legislative pro cedures; that the General Assem bly improperly delegated legisla tive and judicial authority to the Educational Finance Commision; that the act is a contmuing appro priation ( and does not appropriate just for one year as it is supposed to do; that the sales tax is uncon stitutional because of exemptions (to farmers, railroads and power companies among other groups), and because of ceilings on the amount of taxes on a single sale. He argutd too, that the use tax which goes along with the sales tax, is in violation of the interstate commerce laws. If it should be stricken from the act, the entire program would fail, he insisted. (The use tax is that portion of the sales tax that applies the sales tax to goods bought outside the state but brought into the state for use in the state.) Callison, like Graydon, did not think the suit should be termed a friendly one because of what it attempts to do. Bringing up the question of ex pediency, he said that should “not be a compelling force," but that' it certainly should “play an im portant part” in helping to uphold] ecially if “no serious i-a the act, especially constitutional questions” are in-' J. C.. THOM AS, Jeweler “It’s lime That Counts” PHILCO 17 in. BALANCED BEAM TELEVISION CALL T. E. JONES & SONS Phone 131 JUSTOUf! $289.95 (JP'J Plus Tax and Warranty 65 TO fflyf T. E. Jones & Sons • Rectangular 150 Sq. In. 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