Historical Newspapers of South Carolina

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McCORMICK MESSENGER, McCORMICK, S. C.. THURSDAY, JUNE 24, 1937 The SUPREME COURT AND HOW IT WORKS j Few Laws Invalidated By ROBERT MERRILL D URING the century and a half of its existence, au thorities estimate, congress has enacted approximately 25,- 000 public laws. Of those 25,000, they compute, Ifewer than 75 have been declared iiinconstitutional at this writing. That ;means less than three out of a thou- jsand—approximately three-tenths of >1 per cent. On the score of constitutionality a baseball writer, with these statis tics, would give congress a batting average of .997. There are several reasons for this scoring. First: Congress, throughout its long history, has sought to keep its acts within the Constitution. Qaestion Must Be Raised. Second: No final decision is ever made on the constitutionality of a law until a person, or group of per sons, feel that the law violates a constitutional right, and ask the Su preme court to act as umpire in the case. And, as history shows, the Supreme court has been reluc tant to outlaw congressional acts. Consistently the court has decided that every presumption is in favor of the validity of an act of congress. It has explained that if an act can possibly be interpreted in such a way as to render it valid, even though another possible interpreta tion would render it invalid, the former interpretation will rule to as sure the will of congress its fullest possible effect within constitutional limits. Here are the actual words of the court in one case: “It is elementary when the consti tutionality of a statute is assailed, if the statute be reasonably suscep- •tible of two interpretations by one of which it would be unconstitutional and by the other valid, it is our plain duty to adopt that construction which will save the statute from constitutional infirmity.” Can't Act on Own Volition. And in another: “The section, if so construed, would, at least, raise a grave and doubtful constitutional question. Under the settled practice, a con struction which does so will not be adopted where some other is open to us.” That the court cannot act on the constitutionality of a law on its own volition or on the mere request of authorities has been established by its own decisions. > A notable instance occurred when an act of congress attempted to give the Supreme court power on appeal to decide suits which might be brought against the United States in the court of claims by certain Cher okee Indians solely to determine the validity of any act affecting their lands, passed after a certain date. Proceedings were begun under this act, but the Supreme court de cided that it had no constitutional authority to render an opinion. Under the Constitution, it held, the court has power to determine the validity of congressional legislation only when a “case” or “controver sy” is brought before it, by contend ing parties. < Source of Court's Right. “The right to declare a law un constitutional,” explained the court, “arises because an act of congress relied upon'by one or the other of such parties in determining their rights is in conflict with the funda mental law. The exercise of this, the most important and delicate duty of this court, is not given to it as a body with revisory power over the action; of congress, but because the rights of the litigants in justi ciable controversies require the court to choose between the funda mental law and a law purporting to be enacted within constitutional authority, but in fact beyond the power delegated to the legislative branch of the government.” On an earlier occasion—in 1793— the secretary of state asked the Supreme court to advise the execu tive department as to the construc tion of treaties, laws of nations, and the laws of the land, which, he said, were often presented under circum stances that “do not give a cog nizance of them to the tribunals of the country.” Chief Justice Jay re plied that the Constitution did not confer such power upon the court. On at least one occasion the Su preme court decided that an act was constitutional after a President had expressed his conviction that it was unconstitutional. President Taft ve toed a measure on the grounds that the Constitution did not give con gress the authority assumed in the measure. Congress, however, passed the bill over the presidential veto. Eventually the act came be fore the Supreme court in a lawsuit, and the court decided that congress was right. © Western Newspaper Union. Soil Barren 20 Years Is Saved Lhor, Germany, is boasting how it has made poor soil, unsuited for agriculture, yield riches. The land was first planted thickly with oak. After 20 years it was underplanted with beech, which acts as a nurse tree for the oak to bring it to ma turity. The oak is being marketed, and brings the highest price of any in Europe. 'Way Back When By JEANNE DREISER WAS A BILL COLLECTOR [F YOU lived in Chicago. 111., * years ago, you may have bought carpet tacks or a can of paint from a young hardware clerk who looked like nobody at all to you. A few years later you might have rented an apartment from the real estate office where he clerked; a little later you may have seen a young man persistently ringing the door bell of that neighbor of yours who was careless about her furniture in stallments. For Theodore Dreiser, famous in American letters today, was in his youth hardware clerk, clerk in a real estate office, and bill collector for a furniture house. He was born in Terre Haute, Ind., in 1871. A poor boy, he attended the public schools of Warsaw, Ind., quitting at the age of sixteen to go to work in Chicago at $5 per week. An ordinary young man, with an ordinary background, who could have foretold that some day he would produce a book (“American Tragedy”) which would arouse world-wide controversy, banned in some cities, required reading in some school systems? After the collector’s job, per sistent calling at the Chicago Daily Globe got him a job as a reporter. His rise was rapid as he developed a clear reportorial style, until 1898 he became editor-in-chief of the But- terick Publications which include J Delineator Magazine. His first book, “Sister Carrie,” was published in 1900 and immediately banned for its frankness. It was not until 1911 that his next, “Jennie Gerhardt,” appeared; and it was followed at regular intervals by other books of the “call a spade a spade” type. “American Tragedy” appeared in 1925, was translated into many lan guages and was adapted to the stage in America and in Germany as late as 1936. • • • LOWELL THOMAS WAS A COOK T HE life of Lowell Thomas has been tremendously exciting, but it may be encouraging to those of you in everyday jobs, and pining for adventure, to know that he was not always free from humdrum oc cupations. The radio and news-reel reporter was born in Woodington, Ohio, in 1892. The family moved to Cripple Creek, Colo., where Lowell attend ed public schools set in the midst of a typical rough-and-ready mining town. His paren : were not wealthy, and Lowell Thomas had to work for a higher education. While attend ing Valparaiso university in north ern Indiana, he was a janitor, a salesman, and night cook in a short- order restaurant. Thirsting for more knowledge after graduation, the boy went on to the University of Denver where he took several degrees, working at odd times for a newspaper. During the summer months, he punched cows and pitched alfalfa. In Chicago Kent College of Law, he studied law, and then took post-graduate work in English literature at Princeton. Aft er that he worked as a teacher and on a newspaper. His beginning did not promise ex citement and adventure. But then came the World war, and Lowell Thomas went to the front with a staff of cameramen making official pictures! It changed his whole life. He joined D. H. Lawrence and his bedouin army in Arabia, emerging from that “revolt on the desert” with the exclusive story and pic tures. It was the beginning of his fame. Since then, he has met al most everyone of importance, seen everything of note, and reported his observations in newspapers, on the screen, and over the air in a graph ic style that has gained him an au dience to millions. ®—WNU Service. Cambridge University I!?. aaBaas ii—jfl| The Senate House, Cambridge. Prepared by National Geographic Society, Washington, D. C.—WNU Service. M ANY American college men, old and young, find odd contrasts between uni versity life in the United States and that of ancient Cam bridge. These differences are plain in discipline, in daily life, in the relations between faculty and un dergraduates (never “students” at Cambridge), and in certain cus toms peculiar to this venerable seat of learning. There is little about the dingy rail road station at Cambridge to sug gest that somewhere thereabouts stands a great university town. A policeman of whom you ask your way to “The University” of fers no help; he cannot, simply be cause there are so many colleges here, each in itself a little univer sity. However, after driving into town along a wide thoroughfare which your taxi man tells you had been in ancient times a highway used by Roman soldiers, you finally arrive at St. John’s college which you are to enter. Because John Harvard, principal founder of the famous American center of learning which bears his name, was educated at Cambridge, this university holds a special in terest for people in the United States. John Harvard entered Emmanuel college in 1627. In an old leather book there you see his signature, and a notation that he paid a ten shilling matriculation fee. Now a tablet is set up in the chapel at Emmanuel to his mem ory; and last year Cambridge in England observed with sympathetic interest the movement in Cam bridge, Massachusetts, to celebrate the 300th anniversary of the found ing of Harvard college. Each Cambridge college is a sep arate entity. Each has its own chap el, lecture rooms and assembly hall, but most of the space is devoted to residential quarters. This independence has been char acteristic of Cambridge from its earliest days. It dates from the foundations established by religious orders, such as the Dominicans and the Carmelites, most of which be long to the first part of the Thir teenth century. It continued with the foundation of the colleges, the first of which was Peterhouse, es tablished in 1284. The majority of the others followed in the Four teenth, Fifteenth, and Sixteenth cen turies, though Selwyn was founded as recently as 1882. Finally Admitted Women. Cambridge long held out against the admission of women students, and, though it was obliged at last to surrender and welcome the two girls’ colleges, Newham and Gir- ton, more than sixty years ago, it still, unlike Oxford, does not allow women to take actual degrees. The “undergraduettes” attend lec tures, both university and college, with the undergraduates, and take the same “honors” examinations (they are not allowed to take the easier “pass” examinations), but if successful their reward is merely a “title to a degree.” Every college has its own staff of tutors and its own endowments which, together with the fees from its student members, provide for its upkeep. In many cases the col leges have acquired much landed property. From the beginning it is im pressed on the student that the loy alty of the individual is first to his college. It is by no means un common for the members of a fam ily to send their sons to one partic ular college, generation after gen eration. But in the background there remains the Alma Mater, the univer sity itself. To the initiated it is your college that you mention first; to the stranger, if asked, you announce yourself as a Cambridge man. The university, like a college, is a corporate body with its own en dowments supplemented by contri butions from the colleges and the government. It also has its own lec ture halls and research laborato ries and it alone appoints the pro fessors, who are the elite among the “dons,” or faculty members. While the ultimate governing au thority is the senate, which consists of those who have taken the degree of master of arts, the executive au thority is vested in the chancellor, elected by the senate, who is now always a prominent national figure. In practice, however, his duties are performed by the resident vice chancellor, who is invariably the head of one of the colleges. Gowns Are Important. This division of the university’s life into colleges is seen in the dif ferences in the gowns, which all undergraduates must possess. These are curiously abbreviated garments, a survival of the clerks’ uniform of the Middle ages; but the forms of each college have distinctive fea tures, such as the three small velvet chevrons on the sleeves of those of St. John’s. Normally the gowns are black, but those of Caius (pronounced “Keys”) are blue with black fac ings, those of Trinity a darker blue. They, and their accompanying square mortar-board caps, are often in the most decrepit state, since a tattered gown or a crushed cap is regarded as a sign of seniority; hence, “freshers,” as the first-year undergraduates are called, fre quently indulge in an orgy of near destruction to acquire this outward mark of seniority. This procedure can prove expensive. It may in volve the purchase of an entire new outfit to secure the approval of out raged authority. Gowns are worn when attending lectures, or when dining in college hall, which is the one occasion when the members of a college meet to gether, a certain number of nights each week, whether they wish to or not. Gowns must also be worn on the streets after dusk, and woe betide the unfortunate undergraduate who encounters a proctor when not in this garb. It is an equally heinous sin if he be found smoking in the streets, even when he is properly attired. These are two of the of fenses against the dignity of the university for which the proctors, who have charge of university dis cipline, are on the lookout. A proctor, to the undergraduate, is an impressive and fear-inspiring being not only because of the moral weight of the authority behind him but also because he is always sup ported by two “bulldogs” or “buff ers.” These robust college porters, in spite of silk hats and formal black suits which they are obliged to wear, are often surprisingly agile in their pursuit of a delinquent un dergraduate. Process of Discipline. But when a capture is effected, proper formalities must be ob served. “Sir,” says the buffer, polite but puffing, “the proctor would like to speak to you for a moment.” And when you are brought before the majesty of authority, the con versation is equally courteous. “Sir, I regret to see that you are not properly dressed; I should be glad if you would call on me in the morning.” Your name is noted in a book, and when in a spirit of due re pentance the visit is made the next day, you are fined. If you are a bachelor of arts the fine is larger, for surely years of descretion, ac companied by the right to wear a longer gown and a proper tassel on the cap, must be expected to bring a proper respect for the laws of the university. Offenses committed on Sunday also involve a double penalty. No offender escapes. It is on record that King George VI smoked what was probably the most expensive cigarette of his life dur ing his undergraduate days at Cam bridge. Friendly rivalry among the col leges is shown in the wide variety of sports jackets, or “blazers.” They appear in all colors and combina tions of colors, and may denote not only membership in some particular college but also some athletic achievement, such as membership in the cricket eleven or the Rugby football team. Most coveted is the pale blue blazer which only those who have represented the university in ath letics are entitled to wear. For the remainder of their lives these for tunate ones will be remembered as Cambridge “blues.” There are “half blues” for the less arduous sports, such as shooting, or even chess! “Blazers” owe their very name to Cambridge, for this was the term quite naturally applied to the scar let coats which the Lady Margaret Boat club, of St. John’s college, adopted as its uniform. Sports in general hold a high place in life at Cambridge. Rugby and association football—known as “rugger” and “soccer”—are pop ular in the winter, while in sum mer cricket and tennis take their turn. But the sport of sports at Cambridge is rowing. Pull Hair to Become Indian One of the first procedures of the Ohio Indians in transforming a white youngster into a full-fledged member of their tribe was to change his haircut. They would do this by puffing out his hair, one at a time, until only a small patch remained on the top of his head. This would then be interwoven with colored strings or other fastenings. —Rocky Mountain Herald. "■"improved UNIFORM INTERNATIONAL S UNDAY I chool Lesson By REV. HAROLD L. LUNDQUIST. Dean of the Moody Bible Institute of Chicago. © Western Newspaper Union. Lesson for June 27 LESSON TEXT—Hebrews 11:3-10, 17-22. GOLDEN TEXT—These all died in faith, not having received the promises, but hav ing seen them afar off, and were persuaded of them, and embraced them, and confessed that they were strangers and pilgrims oa the earth.—Hebrews 11:13. PRIMARY TOPIC—God’s Honor RolL JUNIOR TOPIC—God’s Honor Roll. INTERMEDIATE AND SENIOR TOPIC— Heroes of Faith. YOUNG PEOPLE AND ADULT TOPIC— Faith Tested and Triumphant. The great “heroes of the faith” chapter, Hebrews 11, provides an excellent review summary of the messages in Genesis, which we have studied during the last three months. Fittingly, the entire ac count, from the Creation to the hope for the future expressed by Joseph, revolves around the word “Faith.” The patriarchs had many noble qualities but these were all rooted in the fundamental of all virtues, namely, that faith in God without which “it is impossible to please him” (v. 6). Our study may well attempt no closer analysis of the text than to note the results of faith as they ap pear in the verses of our lesson. I. Understanding (v. 3). Philosophy and human research frequently bog down in the confused bypaths of unbelief and partial knowledge, but faith cuts right through the clouds and the confu sion and “understands” that God is the creator of all things. If you want to know, believe God. II. Worship (v. 4). The world abounds with cults and religions of almost unbelievable di versity, and of appalling insufficien cy for the needs of man. Only when man does as did Abel, and worships God in accordance with God’s holy law will he obtain “witness that he” is “righteous.” IH. Fellowship (v. 5). Here again faith triumphs. The societies and associations of man fumble around trying to establish “good will,” “fellowship of faiths,” and what not, only to fail. But when a man knows God as Enoch did, then he is ready for true fellowship with his brother. IV. Assurance (v. 6). When a man trusts God implicitly the uncertainties of life vanish. It is an easier thing to talk about than to do, but, thank God, it can be done. We must believe not only that God is, but by faith we must recog nize him “as the rewarder of them that diligently seek him.” V. Salvation (v. 7). Saved by faith—that is the story of the Christian, even as it was the story of Noah. The ark is typical of Christ. Only in him is there salva tion. VI. Obedience (vv. 8, 9). The world has a ribald saying, “I don’t know where I’m going but I’m on my way,” which represents a dangerous philosophy of life. But faith in God enables one to go with Abraham who “when he was called went out, not knowing whither he went.” He knew God and that was enough to call forth unquestioning obedience. VII. Vision (v. 10). Men of vision—that’s what we need, we are told. Well, then we need men of faith who can see the unseen, who can see “a city which hath foundations” even in the midst of the wilderness. In the fields both of secular and spiritual achievement vision has marched before victory. Carey, Judson, Livingstone, every great missionary, dreamed dreams and saw visions before they achieved lasting victories in distant lands. VIII. Resurrection (vv. 17-19). God gave a promise and the only means of fulfilling that promise was about to be taken away, but Abra ham did not hesitate for he believed that God was able and ready to raise the dead if necessary to fulfill his promise. Have all our prospects been dashed to the ground? Is ev erything hopeless, humanly speak ing? God is both willing and able to make all things work together for good and for his glory. IX. Hope (vv. 20-22). The forward look—that is the look of faith. Isaac’s blessing concerned “things to come.” Jacob, too weak to stand alone, leaned on his staff and worshiped, and passed on the covenant blessing. Joseph gave commandment concerning his body, looking forward to God’s fulfillment of the promise. Christian hope is not a wishful de sire that an unbelievable thing may somehow occur. That is an unbe lieving misuse of the word “hope.” To a child of God hope means a well-grounded assurance that God will keep his word. Right and Wrong Conscience is that faculty which perceives right and wrong in ac tions, approves or disapproves them, anticipates their consequences un der the moral administration of God, and is thus either the cause of peace or of disquietude of mind. Opportunities There are people who would do great acts, but because they wait for great opportunities, life passes, and the acts of love are not donf at all.—F. W. Robertson. Luxury In Filet Crocheted Squares Elegance without extravagance! It’s yours in this filet lace spread, which requires only humble string for the making. See how beauti fully the 10 inch companion squares are made to contrast? It you prefer, but one square may be used and repeated throughout. You’ll be overjoyed to find both Pattern 5815 squares so easy! In pattern 5815 you will find instructions and charts for making the squares shown; an illustration of them and of the stitches used; material re quirements. To obtain this pattern send 15 cents in stamps or coins (coins preferred) to The Sewing Circle Household Arts Dept., 259 W. Fourteenth St., New York, N. Y. Please write pattern number, your name and address plainly. "Big Bertha" This gun, with a range of over 75 miles, was invented by Fritz Raussenberger and was named after Bertha Krupp who owned the gun works at Essen where it was built. It was one 'of three made and was withdrawn as the Germans retreated. At the sign ing of the armistice all three were dismantled and in 1919 were com pletely destroyed by utilizing the metal for other purposes. The base at Essen was 4e- stroyed under the direction of th« allied military control commission in 1925. mam IN THE GULF OF MEXICO f MMN THE GULFOFMEXICO Tarpon Roand-Up now in fallMwingf $1,000 in cash and merchandise prizes. A wonderful vacation spot for ALL the family. For special fishing and summer folders write B. M. NEAL, Manager Chamber of Commerce, $t Petersburg, Florida Our Faults We should correct our own faults by seeing how uncomely they appear in others.—Beaumont. For speedy and effective action Dr. Peery’a “Dead Shot” has no equal. One dose only will clean out worms. 50c. All druggists. DrPeery's ^ Dead Shot for WORMS vermifuge Wrights Pill Co.. 100 Gold Street. N. Y. City Your Appraisal Make light of yourself and you will be slighted by others.—Japa nese Proverb. , To Women: If you suffer every month you owe it to yourself to take note of Cardul and find out whether it will benefit you. Functional pains of menstruation have, in many, many cases, been eased by Cardul. And where mal nutrition (poor nourishment) had taken away women’s strength, Car- dui has been found to increase the appetite. Improve digestion and in that way help to build up a natural resistance to certain useless suffering. (Where Car diff fails to benefit, consult a physician.) Ask your druggist for Cardul — (pro nounced “Card-u-i.”) Pleasure and Happiness Pleasure can be supported by illusion. Happiness rests upon truth. KILL ALL FLIES PI need anywhere. Daisy Ply Killer attracts and kills flies. Ouaranteed, eflectlve. Neat, convenient — Cannot spill- Wlllnot poll or Injure anything. Lasts all eeason. 20o at all dealers. Harold Somers, Inc., ISO De Kalb Ave-,B’lUyn.N.y. DAISY FLY KILLER WNU—7 25—37 SMALL SIZE 60c LARGE SIZE $1.20 1 )A recognized Remedy for Rhcumetic* and Ncuritli Miffercra. A perfect Blood Purifier, Make* thin Blood Rich and Healthy. Build* Strength and Vigor. Alwayt Effectlva . . . Why ioffer? AT ALL GOOD DRUG STORES