The Clinton chronicle. (Clinton, S.C.) 1901-current, June 14, 1951, Image 15
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-'
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