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PAGE FOUR THE NEWBERRY SUIT FRIDAY, AUGUST 9, 1940 1218 College Street Newberry, S. C. O. F. ARMFIELD Editor and Publisher One Year fl.00 Published Every Friday Entered as second-class matter December 8, 1937, at the post office at Newberry, South Carolina, under the Act of March 3, 1879. CLEVER MAN VS. GREAT MAN All American youths who have sat in a schoolhouse have been taught that the founding fathers of this re public are the greatest men our lands has produced. Youth has believed this teaching without question—believed it right on into old age. And this is well and good, for all truth is most whole some and salutary. Youth has been taught to compare Washington, Jefferson, Madison with other great men in other countries— and the Americans have not suffered by the comparison. Rather have they assumed added cubits, because of the socyess they achieved in a brand new enterprise of government—govern ment in which the voice of the peo ple was, for the first time, heard in the councils of the nation. But today a diTerent picture fs held up to youth. The great men who carved a nation out of wilderness are nobodies. A greater than Wash ington is here; a brighter than Jeff erson; a smarted than Franklin. The new deal convention in Chicago paint ed this distorted picture—really, a caricature. The name of Jefferson is BOOED in this convention of dis tortionists. On the walls of the con vention hall hang pictures, not of the founder of the Democratic party, but huge lithographs of the clever man. The great man is booed; the clever man acclaimed. Apparently the patriotic teachings of our schools must be revamped. They are old, ancient, musty and mossbacked. We must throw them out of the window and substitute therefor the false doctrines of the new order in which the great names of the repub lic are booed by the mobs. The men with the muck-rake are often indispensable to the well-being of society, but only if they know wthen to stop raking the muck.— Theodore Roosevelt. CLAMP DOWN ON JAPAN By signing an order subjecting oil and scrap iron as possible embargo, President Roosevelt has, many hope, moved our government another step nearer to the day when it will clamp down and deny all such shipments to the Japanese gangsters who are try ing to destroy a free China. Men who speak with authority have declared in recent months that if we would ban shipments of war mat erials to Japan, she couldn’t hold out 90 days in her indefensible war ori China. If this action would put the skids under the Jap military mach ine, our government should not hesi tate to do It. China is fighting to set up dem ocratic government. The people of the United States want her to suc ceed, and they are weary of the farce that permits the Japs to fight the peoples’ government in 'that great land with war stuff bought in this country. FARM NUMBERS LARGEST IN) 24 YEARS For the farm population of the United States, the Federal Bureau of Agricultural Economics last week had interesting news. Based /upon reports from 13,609 farmers in all parts of the country, supplying information for 78,544 farms, the news was that on January 1, 1940, the nation’s farm population was 32,245,000. This was the largest farm popula tion in 24 years and close to the 1916 all-time high record of 32,530,000. It was 186,000 more than on January 1, 1939, and brought the total increase in the farm population during the 1930 decade to 2,076,000. Reasons for the increase has been the decrease of migrations from farms to villages, towns and cities and the excess births over deaths. THE SPECTATOR So much has been said about di vorce in South Carolina recently that it might be well to refresh our minds as to the law of our State. The Constitution of South Carolina says that “Divorces from the bonds of matrimony shall not be allowed In this state”. (Article 17, Section 3) Clearly, then, no court in South Car olina may grant divorces granted in other States? The Constitution of the United States requires “Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state”. On the face of it, a divorce granted by another state is some thing which our courts must respect. But our courts have declared that they will not recognize a divorce granted to South Carolinians if they, or either of them, went out of the state solely for the purpose of getting the divorce. That, says our court, would be to honor and respect a dir ect evasion of our laws. If, however, both parties live in another state and are citizens, or have become citbzens of the state, and as such are granted a divorce, no question of evasion of our laws would be involved, if they should return, either or both of them, to this state. A suit has been brought to prevent the use of two million dollars of Highway revenue. As the question is now before the Supreme Court for de cision, it may be interesting to know the legal points which have been sub mitted to the court in opposition to diverting these funds. I have discus sed this before, but now I wish merely to explain the legal question for those who may not have time to study these legal matters for themselves. The use of this highway money has been challenged on the following grounds: 1. It violates the United States Constitution and the Constitution of South Carolina because the Act of the General Assembly is a law im pairing the obligation of a contract. 2. TTiat it violates provisions of the Constitution of South Carolina by in directly increasing the public debt in an unauthorized manner. 3. That it violates the Constitu tional direction that taxes already imposed may not be diverted from any specific purpose for which they were imposed. (Article 10, Section 31 Section 10 of Article one of the Constitution of the United States says: “No state shall enter into any treaty, alliance, or confederation; grant letters of marque and reprisal; coin money; emit bills of credit; make gold and silver coin a tender in payment of debts; pass any bill of at tainder, ex post facto law, or law im pairing the obligations of contracts, or grant any title of nobililty”. Our state Constitution in section 8 of ar- Ralph Black VOTE FOR TAYLOR For CONGRESS He has for years advocated a strong program of National Defense and is in full accord with President Roosevelt’s preparedness campaign. Removal Sale! Look for the Yellow Tags Trying to raise cash by on our ENTIRE Stock Low prices Candidate For Treasurer I would not say that another man could not fill the office of county Treasurer, but knowing the office as I do, I will say that it takes consid erable time for one to familiarize himself with all its details as they are far reaching and have to do with every department of county govern ment. In the five years I have been in the office I have made a close study of it and there is no phase of it with which I am not now completely famil iar and in position to handle in a man ner best calculated to save and pre serve the county’s funds. I want your vote and regret that the duties of the office keep me from making a house to house canvass. However, I believe the people will re ward good, honest service by return ing me to the office on the 27th. I will appreciate your vote and in fluence. CARPENTERS RETURN SUNDAY Mr. and Mrs. E. A. Carpenter re turned to the city Sunday after being away for two weeks on a buying trip. MORNING SERVICE OFF AT A. R. P. CHURCH The local A. R. P. church will not have preaching services this Sunday as the pastor will be at a conference at Bon darken. No mid-week pray er service* or young peoples services are being held at the A. R. P. church this week. Sale is now Going on YES, IT’S TRUE! We are closing out completely most of our items and will move our stock to our residence on the corner of Wilson and Johnstone streets. From our residence we will carry on our FLOWER BUSINESS and carry a smaller stock of NOV ELTY ITEMS. So we are GETTING RID of MOST OF OUR STOCK NOW, and at DRASTICALLY LOW PRICES!! Come in Today and Save on the Many Items Specially Tagged for the Occasion tide 1, also exhibits bills of attaind er, ex post facto laws, and laws im pairing the obligation of a contract. I again call attention to the fact that the inhibition here does not ap ply to Congress, but only to the states. If a state should pass a law allowing its bonds to be paid in mules and horses or land, instead of in gold, or legal tender, the courts would de clare the Act unconstitutional: but when the Congress took us off the gold standard the Supreme Court vir tually said “The nation has violated Its contract, but what can you do about it”? Since you can’t sue the nation without its consent, where do you stand? Nor can you sue a state without Its consent. Our state allows suits against the Highway Depart ment. The suit alleging impairment of the obligation of a contract means that the charge is made that the Sate’s bonds to build the highways are guaranteed by the highway revenue and that by taking these funds for other purposes the bondholders will suffer a loss of a part of the guaran tee. That is a free and loose way to say what the lawyers will affirm more precisely. The second challenge about increasing the debt in an unauthoriz ed manner is clear. The Constitu tion (Section 11 of Article 10) says that any debt contracted by the State should be by loan on state bonds. The third challenge is one which I referred to sometime ago, when I made the point that all talk against ear-marked funds overlooked a pro vision of our Constitution which clearly provides for ear-marking. This suit also relies on that provision. It is Section 8 of Article 10 and it says. “No tax shall be levied except in pur suance of a law, which shall distinct ly state the object of the same; to which object the tax shall be applied”. Nothing has been discussed more in recent years than ear-marked funds; but this provision of the Constitu tion is mandatory. (Section 29 of Article one). Classified Ads 1. WANTED—Veals, Cows and Hogs; also your Cow Hides. Se us before yon sell. The Newberry Abattoir. FOR SALE — Farmall 30. Rubber tires 10|20 steel tires. Johnson- McCrackin Co. 4tc FOR RENT—Completely furnished apartment, 1112 Johnstone street. Telephone 320-J. NOTICE—If the ladies who picked up the roll of cognoleium on cut off highway will get in touch with the Ben T. Buzhardt Furniture company, it will be very much to their advantage. FOR RENT—Mountain cottage at Bat Cave, N. C., for rent part of September and October. Equipped with lights and water. See Mrs. B. M. Scurry. Phone 154-J. paperman. So the salary of the Sec retary of state was left at the old fi gure, while all the other members of the cabinet received four thousand dollars more. Of course if there had been in Congress any really great lawyers they would have paid to Sec retary Knox a special travel allow ance of $4,000 in addition to any other travel he might incur. That’s how the masterminds of the South Carolina Legislature increase the pay of those constitutional officers whose compensation shall be neither increas ed nor diminished during the period for which they shall have been elect ed,” according to the constitution. So we see $1 ,400 for travel once in the budget, which is travel without even moving a foot; and then travel again, meaning to go somewhere. No^ let us see. There are two items for travel; one is for $1,400 and one is for $400 to $800. The item of $1,400 is for travel of a metaphysical type. That is, you travel while standing still; the other is for the travel which involves or requires movement. The $400 item is for maintaining one’s position, while the earth revolves on its axis and swings in its orbit around the sun, the other is that the official himself moves round the earth. The whole idea is s practical localization of astronomical mathematics which is beyond my ken; but if Mr. Taft had called in some of our mathematical philosophers, his difficulty would have been solved. Recalling that, I am bold enough to question the authority of the na tion to call out the Naional Guard, except for the instances cited in the constitution. Obviously the call will not be to execute the laws or to sup press insurrections, so the only con stitutional ground is that they would be called out to repel an invasion. What invasion. The men who wrote the Constitution of the United States were lawyers of the old school of pre cise language. Those men had been drilled in Latin. They had a nicer use of words than that which character izes us. When they said “repel” in vasion, they meant repel. They meant to throw out the enemy. What are the Constitutional grounds: It is sub section 16 of section 8 of article 1 and reads: The Congress shall have pow er “to provide for calling forth the militia to execute the laws of the Union, suppress insurrection and re pel invasion." The militia by its nature is a body of men engaged in civilian tasks, but willing to respond for short calls. It obviates maintaining a large standing army; but it was never intended that the militia should ever be a standing army. I am not getting excited about this; nor am I desirous or doing more than present to the public this and other matters of interest. You Are RIGHT! Auto Financing 1$ Our Business Miss Mattie Adams Phone 511 909 Caldwell Street I don’t wish to appear censorious, but big men, great lawyers, and jur ists, sometimes W^erlcok the exact language of a law or the constitution. It will be recalled that when Mr. Taft was about to assume the presi dency Congress was persuaded to in crease the pay of the members of the cabinet. Mr. Taft was so happy in Augusta that he overlooked subsec tion 2 of section 6 article 1 of the Constitution which reads: “No Sena tor or Representative, shall, during the time for which he was elected, be appointed to any civil office under the authority of the United States, which shall have been created, or the emoluments whereof shall have been increased, during such time. Mr. Taft had chosen to be Secre tary of State, P. C. Knox, a Senator from Pennsylvania, and one of the great lawyers of the United States. Mr. Taft himself had been Solicitor General of the United States and a Federal Judge. He became later Chief Justice of the United Statea Supreme Court. So these two legal lights overlooked the Constitution on one little point, until that point was brought to their attention by a news- We will finance a new car for you. We will refinance your pre sent car so as to reduce your paymentS"Or We will make you a loan on the car you now own. Standard rates -- no red tape Quick and courteous service A Newberry Finance Company to Serve Newberry People Newberry Insurance & Realty Co. E. B. PURCELL, President Phone 197 Exchange Bldg. ANNOUNCEMENTS FOR TREASURER FOR CONGRESS I hereby announce myself a candi date for reelectiom to Congress from the Third Congressional District and promise to abide by results of the Democratic primary. BUTLER B. HARE. I hereby announce myself as candi date for United States Congress of the Third Congressional District, ac cording to the rules of the Democra tic Primary. JOHN C. TAYLOR FOR SOLICITOR I hereby announce myself a can didate for re-election as Solicitor in the Eighth Judicial Circuit, and pledge myself to abide by the re sults of the Democratic primary elec tion. HUGH BEASLEY. I hereby anmoumoe myself a candi date for Solicitor of the Eighth judi cial circuit, and agree to abide the results of the Democratic primary election. W. T. BOLT. FOR SUPERVISOR I hereby announce myself a candi date for the office of Supervisor of Newberry county and agree to abide the rules and regulations of the Dem ocratic primary election. PAUL H. HAILE. I hereby announce myself a can didate for the office of Supervisor and agree to abide the results of the Democratic primary election. J. WARREN ABRAMS. I hereby announce myself a candl date for the office of Supervisor of Newberry County, and agree to abide the results of the Democratic pri mary election. L. M. (Mag) SHEALY I hereby announce myself a candi date for Supervisor of Newberry county, and agree to abide the re sults of the Democratic primary elec tion. S. W. SHEALY. I hereby announce myself a can didate for the office of Supervisor of Newberry county, and pledge myself to abide the results of the Demo cratic primary election. EUGENE H. SPEARMAN. COMMISSIONER DISTRICT NO. 2 I hereby announce myself a candi date for the office of Commissioner from District No. 2 and agree to abide the results of the Democratic primary election. CHARUE C. DOMINICK. I hereby announce myself a candi date for the office of Commissioner from District No. 2, and agree to abide the results of the Democratic primary election. C. B. (Cy) SCHUMPERT. I hereby announce myself a candi date for Commissioner District No. 2, and pledge myself to abide by the re sults of the Democratic primary election. JOE N. WILSON. FOR STATE SENATE I hereby announce myself a candi date for re-election to the State Senate, and agree to abide the rules and regulations of the Democratic elections. MARVIN E. ABRAMS. HOUSE OF REPRESENTATIVES I hereby announce myself a candi date for re-election as a member of the House of Representatives, and agree to abide the results of the Democratic elections. J. KESS DERRICK. I hereby announce myself a can didate for re-election to the House of Representatives, agreeing to abide rules and regulations governing the Democratic elections. R. AUBREY HARLEY. I hereby announce myself a can didate for the House of Representa tives, and agree to abide the results of the Democratic primary election. JULIAN A. PRICE COMMISSIONER DIST. NO. 1 I hereby announce myself a candi date for Commissioner from District No. 1 and agree to abide the results of the Democratic primary election. S. W. (BROTHER) BROWN I hereby announce my candidacy for the office of Commissioner from District No. 1 and agree to abide the results of the Democratic primary election. WILBUR E. EPPS. I hereby announce myself a candi date for Commissioner from District No. 1 and pledge myself to abide the results of the Democratic primary election. ROBERT P. FAIR. I hereby announce myself a candi date for the office of Treasurer of Newberry county, and agree to abide the results of the Democratic primary elections. RALPH B. BLACK. I hereby announce that I am a candidate for the office of Treasurer of Newberry County, pledge myself to run a clean race, and agree to abide by the results of the Demo cratic elections. CARL B. RINGER. FOR SHERIFF I hereby announce myself a candi date for re-election as Sheriff of Newberry county, and agree to abide the results of the Democratic primary election. TOM M. FELLERS. I hereby announce my candidacy for the office of Sheriff of Newberry County, pledging my best service to all the people and agreeing to abide the results of the elections. CLAUDE C. GILLIAM. FOR AUDITOR I hereby announce myself a candi date for re-election to the office of Auditor of Newberry County, and pledge myself to eont'nue to give my best efforts to the county and to abide the results of the primary elec tion. PINCKNEY N. ABRAMS. FOR GAME WARDEN I hereby announce myself a candi date for re-election to the office of Game Warden, and agree to abide the results of the Democratic prim ary election. , G. HERMAN WISE CLERK OF COURT I hereby announce myself a can didate for re-election to the office of Clerk of Court of Newberry county, and agree to abide the results of the Democratic primary. HUGH K. BOYD. SUPT. OF EDUCATION I hereby announce myself a candi date for re-election as County Sup erintendent of Education and pledge myself to abide the results of the Democratic primary. C. E. HENDRIX. I hereby announce myself a can didate for the office of Superintend- eit of Education of Newberry county, and agree to abide the results of the Democratic election. T. H. LEITZSEY. MAGISTRATE AT NEWBERRY I hereby announce that I am a can didate for re-election to the office of Magistrate at Newberry, and pledge myself to abide the results of the Democratic primary. BEN F. DAWKINS. I hereby announce myself a can didate for the office of Magistrate for District No. 2 (Newberry) and agree to abide the results of the Democratic primary election. LONNIE M. GRAHAM. MAGISTRATE AT WHITMIRE I hereby announce myself a candi date for Magistrate at Whitmire and agree to abide the results of the Democratic primary election. A. J. HOLT. I hereby announce myself a can didate for reelection to the office of Magistrate at Whitmire and agree to abide the results of the Democratic primary election. JOHN G. WATTS. MAGISTRATE NO. 4 I hereby announce myself a candi date for Magistrate from Dstrict No. 4, and agree to abide the results of the Democratic primary election. W. D. HATTON. FOR CORONER I hereby announce myself a didate for re-election as Coroner of Newberry county and agree to abide the results of the Democratic primary election. I. HOLLAND WILSON. u/kat our customary utlJ- it. I hereby announce myself a can didate for Commissioner from Dist rict No. 1, and agree to abide the results of the Democratic primary election. R. C. (Red) HARMON. I hereby announce myself a candi date for Commissioner from District No. 1, and agree to abide the results of the Democratic primary election. THOMAS WATLAND (Buddy Watt) HENDERSON. I hereby annuonce myself a candi date for the office of Commissioner from District No. 1 and agree to abide the results of the Democratic pri mary election. C. C. WALLACE. Our Invisible Hslf-Sollng baa bo * 4 rop;*lfO# look”— nt ridge or visible seam. Yoor comfortable shoes restored «e Bew api’MB* asace at popular prices. Dennis Shoe Shop SHOE MPPUfi LACES POLISHES.