The Clinton chronicle. (Clinton, S.C.) 1901-current, May 21, 1964, Image 23
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1 A t
Equal justice under the law
Top front of the white marble
Supreme Court building in Wash
ington is inscribed in giant let
ters, “Equal justice under the
law.”
To help fulfill this challenge,
the Judicial Branch of the gov
ernment employed 5,738 employ
ees throughout the nation and its
territories in 1963. They admin
istered justice.
In the Executive branch of the
government, the Attorney Gen
eral and his Department of Jus
tice had another 32,08L employ
ees at work in the enforcement
area of the law. This includes
the Federal Bureau of Investiga
tion under J. Edgar Hoover.
*~The state is divided into the
Eastern District, with sessions of
court being held annually in
Charleston, Columbia, Florence,
Aiken, and Orangeburg, and the
Western District, with court ses
sions in Greenville, Rock Hill,
Greenwood, Anderson, and Spar
tanburg.
Regional offices of the Justice
Department are in Charlotte and
Savannah; however, F.B.I. offices
within the regions are located in
Charleston, Columbia and Flor
ence (attached to the East), and
Greenville, Greenwood, and
Spartanburg (attached to the
West). .
Federal courts are a unique in
stitution in the world. Not only
do they hear cases and adminis
ter justice based on the law; but
also they actually interpret the
law to determine if it conflicts
with the Constitution. Where a
15tv passed by Congress and ad
ministered by the President is
declared unconstitutional, it be
comes necessary for the states to
pass an amendment to the Con
stitution over which the Supreme
Court cannot rule. This is a
time-consuming project.
By the same token, the justice
system of the United States is
based on one of precedents.
Technically speaking, the courts
are supposed to “follow the lead
er.” In deciding cases, a judge
checks the decisions of earlier
judges who had ruled on a sim
ilar set of facts. As a rule, he
bases his decision on these ear
lier rulings.
Major argument with many
rulings of the Supreme Court in
t years has been a trend to-
ignoring the decisions of
the past and deciding cases based
' on more of a “sense” of justice—
ip other words giving us “rule by
man” rather than “rule by law.”
12
Lawyers defending their clients
today are hard put trying to de
termine what “sense of justice”
certain courts will have.
South Carolina, entitled to
four District judges since May
19, 1961, is expected to soon have
its full quota. These four judges
will be: C. Cecil Wyche and J.
Robert Martin (already in of
fice), and newcomers soon to be
confirmed, Robert Hemphill and
Charles Simons.
These judges will administer
Federal justice in South Caro
lina. Anyone feeling his rights
under the Constitution have been
violated has the right to visit the
court. There the U. S. Attorneys
and their assistants are in a posi
tion to check out the complaints.
Other offices in the various
Federal Courts include: U. S.
Probation and Parole Officer, U.
S. Probation officers, Clerks, U. S.
Marshalls, Referees in Bank
ruptcy, U. S. Commissioners, and
Court Reporter.
In South Carolina through
June 30, 1963, covering a period
of one year, there were 55 trials
held in the East and 19 in the
West. Of the 74 South Carolina
trials, 43 were before a jury.
Most of the cases ran at least 10
per cent longer than normal.
* _ - r-j -
In the area of criminal pro
ceedings, there were 138 cases
pending in Eastern South Caro-
lina when the court year began
and 139 pending a year later on
June 30, 1963. Though losing a
small amount of ground, 768 new
cases were commenced and 767
cases were terminated.
In the Western Division, there
were 38 cases pending on June
30, 1962; 290 new cases were
commenced; 278 cases were ter
minated; and 51 cases were pend
ing on June 30, 1963.
Of a total of 1,039 original
criminal proceedings in South
Carolina during the year July 1,
1962, through June 30, 1963,
584 of these involved violation of
liquor internal revenue laws.
Auto thefts were second with
165, forgery and counterfeiting
was third with 78, and larceny
and fraud followed with 45 and
44 respectively. These were the
five major problems on a national
scale — though in a different or
der.
In the area of being supervised
by others during 1962-63 in East
ern S. C., there were 1,138 per
sons under supervision for court
probation, deferred prosecution,
U. S. Commissioner probation,
parole, mandatory release, and
military parole. On June 30,
1963, there were 1,171 such per
sons. In Western South Caro
lina, there were 358 supervised
persons in 1962 and 390 in 1963.
In between, there had been a to
tal for the state of 847 received
for supervision and 626 removed.
South Carolina had 3rd lowest
bankruptcy case rate in the coun
try. There were 112 pending in
1962, 128 new ones were com
menced, 121 were terminated,
and presently there are 119 pend
ing.
The Courts received 6,864
passport applications in 1963,
348 petitions for naturalization,
and naturalized 317 aliens.
LET'S GO
CAROLINA SCENIC
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Be sure to visit both in air-con
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PHONE 582-5631
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Clinton, South Carolina
MAY, 1964
tion (later War Mobilization) and
was generally referred to as “As
sistant President” by qualified
Washington observers.
Perhaps anticipating his death
in spite of running for a fourth
term as President in 1944, Roose
velt clearly hoped that Byrnes
would get the vice presidential
nomination as the most exper
ienced man to replace him in the
event of death. Frightened by
organized labor’s apparent un
willingness to accept Byrnes,
Roosevelt did not insist on his
nomination but instead agreed to
the choice of Harry S. Truman.
Three months after Roosevelt’s
fourth inauguration, he was dead
and the inexperienced Truman
was the new President.
Byrnes continued his job un
der Truman, and on July 3, 1945,
he became Secretary of State
and next-in-line for the Presi
dency. He remained in this key
capacity until Jan. 21, 1947. The
decisions made during this past
quarter century have been among
the most important, and contro
versial ones, in this nation’s his
tory. We are still too close to
events of this era to judge the
wisdom shown by Mr. Byrnes; as
for his impact on the nation, his
state, and the world, it has been
unique among South Carolinians
during the period, 1939-64.
UJUDUB
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majority rule. Thurmond is one of the nation's m< t
active spokesmen for the same principles
And while Tillman pained his political siicc<-
the spokesman of tho small farmers who controllod
the polls of the state in his era. Johnston considers
himself the 1 spokesman of the “little man" in the
state’s textile mills today.
Besides the two Senators. U. S Representatives
Mendel Rivers. John McMillan, and Bryan Dorn.
Governor Donald Russell and ex-Governor Fritz
Hollinps are perhaps most powerful among the
state’s leaders in national affairs today.
Rivers, expected to be chairman of the House
Armed Services Committee next year, will hold one
of the nation's key roles as watchdog of our defense
An effective, articulate Representative, he is not ex
pected to seek advancement to the Senate.
McMillan, long time chairman of the House Dis-
\
Kerr.eir.
i.... • . i, .
•+.. .u.e n. i,■ . < a
to the v.i e presidency .e
cv coupled with a re\ : va 1 • <{ } !< >1 u ugs p< iwer a ' a
m*ci >nd term Governor and 1’ S Senator supporting
Kemu dv could enable the handsome and persuasive
Charlestonian to have considerable influence in the
nat ion
Other relativelv voung leaders of South Carolina
who might aspire to high political office and its chal
lenge of leader.'hip include S Rep Albert Wat
son. age 41. Lieutenant Governor Robert McNair 4T
State Senators Earle Morris .'in. Marshall Parker 4'J.
and John West 41. State Home Speaker Pro Tern
Rex Carter n8, and Clemsor Fmver uty President
Robert Edwards n0
Hotor • v 11 be the final nidge, but vou the vot
ers. will do the nominating.
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THE SOUTH CAROLINIAN
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