Historical Newspapers of South Carolina

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PAGE FOUR THK NEWBERRY SUN 1218 College Street NEWBERRY, SOUTH CAROLINA O. F. ARMFIELD Editor and Publisher One Year One Dollar Published Every Friday In The Year Entered as second-class matter December 6, 1937, at the postoffice at Newberry. South Carolina, under the Act of Congress of March 3, 1879. The Spectator Without raising any questions or challenging the course taken, it is interesting, as a study in govern ment. to read the bil introduced by the Richland Legislative Delegation “TO PROVIDE FOR THE RE-IM- BURSEMENT OF EXPENDITURES OF ANY COUNTY IN CONDUCT ING CERTAIN CRIMINAL PROSE CUTIONS WHICH HAVE BEEN RECOMMENDED BY A SPECIAL COMMITTEE OF THE LEGISLA TURE.” As I said, I’m not discussing the cases involved; I am keenly interest ed in certain legal questions suggest ed by the recommendation. Perhaps you will recall that the Grand Jury of Richland County presented a re port charging violations by some of ficials of State institutions. That was, I assume, a precentment to the Court, though the Grand Jury adopt ed an unusual course by giving the whole matter to the press, the charges, names of witnesses, and so on. This question occurred to me at the time: “What urisdiction has the Grand Jury of Richland County in matters affecting State institutions, even though located in Richland County?” Have we any twilight zones in 'the administration of the law? It is a pretty point of law. There is a County Court in Richland, as there is in Charleston. Greenville has one But every County has a Court, that is a Court sits there. Richland has that, too. That is a State Court. Have you ever attended Court in Hampton or Edgefield ? You have heard the indictment. The defendant is charged with violating ‘'the peace and dignity of the State”; that is the crime—a crime against the State, not against the County. And .the Judge on the bench is a State offi cial, chosen and paid by the State. No County pays anything to a State Judge. The solicitor w<ho appears for the State is a State official, en tirely paid by the State. The Court House is provided by the County, and the juries in each county are paid by that county. This really is a little confusing when a question arises like that of the Richalnd prosecutions. The Judge and the Solicitor and, if need be, the Attorney General of the State, are State officials and they will be present because the trial is for an offense against the State. But, as I’ve said, all the crimes are pre sented by Grand Juries as being vio lations of the State’s law and the petit jury which tries the case is a county group, paid by the county, but engaged in trying a man fr infring ing in the dignity of the state. Is a Grand Jury or a Petit Jury a State body? I think so, because they are part of the State’s judicial system, though paid by the county. Suppose a grievous case arising in Richland County were tried three times before the Court of General Sessions and appealed three times to the Supreme Court, would the State levy on Richland County for this heavy expense? If Richland County, the County itself, should bring suit, involving great detail and consuming several weeks of time, would the County reimburse the State for the time of the judge? The Federal Courts have no such question because the Federal Govern ment pays witnesses and juries, as well as Judges and prosecuting at torneys. This Richland case brings out a twilight zone in very truth—so far as certain expenses are concerned. The County must pay for the witnesses, ae well as the juries and court at tendants. It might be asked, if one wishes to speculate on the question: “What is the difference between alleged viola tions of criminal law's by State offi cials, resident in Richland County, and persons not State officials? Cer tainly no question would arise if a crime or series of crimes were com mitted against the property of a citi zen, whether wealthy or poor. Does this protest of Richland indicate that the state must pay all the cost of a state court? Today the county re ceives all the fines and that is a con sideration to be weighed against the costs of juries and witnesses. Coun ties receive all the fees from arrests by State patrolmen, even. This is, at least, an interesting question of the dual relationship of State and County. The State, more over, pays two-thirds of the salary of every County Auditor and every County Treasurer, though they do almost nothing for the State. The Santee-Cooper bill, or the bill to authorize the Santee-Cooper buy two Columbia power companies by making a contract with a syndicate of New York and Boston bankers, has been carried over until next Jan uary, by an agreement in the Senate. Tnere is, then, a mere truce in the vigorous fight which has been carried on for several months this year, fol lowing the efforts last year. It is to be expected that this fight will be re-opened with redoubled zeal on both sides. As the Senate and House stand today I should think th e passage of the proposed bill, or any measure of the kind, unlikely to com mand the support of a majority of either the Senate or the House. The developing opposition in the Senate itself was the real surprise. One can never tell whether the war may effect the passage or defeat' of •the proposed merger. If thirty or forty of the younger legislators should enter the army or navy, that might make a difference. It would not be correct to sav that the older members are for the bill and the younger ones opposed. One of the outstanding opponents is Dr. Olin Sawyer, Senator from Georgetown, a suave and courtly member of mellow wisdom, who served many years in the House before becoming an aus tere Conscript Father of the Sen ate. New members of the State Senate are showing signs of impatience with the established order of things by which a few Senators exercise almost a control over that august body. In theory every member is equal; each has one vote and each may speak as long as the other; but committee as signments are deterined by the old members—the hold-overs, but there is no law for that. In January 1946 half the state will be either new or re-elected. At any time a bare ma jority of the Senate could take charge and upset the apple cart, chosing new leaders. Nearly every day we read tivities of Organized Labor. I have reference to the activities of the President of the C. I. O. and the Pres ident of the American Federation of Labor. Those two gentlemen spend a lot of time in Washington and are in frequent conference with the Gov ernment officials, from President Roosevelt down. Farmers have some t it every man, woman and child in the United States lays aside $100 the aggregate will be about $13,000,000,000 or the amount the Treasury must raise in its Second War Loan. Thirteen billion dollars—the S|l sum the Treasury must raise Qgj» in the Second War Loan drive, Jj& is only one sixth of the esti- mated cost of the war for the «**- fiscal year of 1943. “They Give Their Lives—You Lend Your Money” Buy More War Bonds Today measure of representation also, through the Farm Union and The National Grange, but the farmers of the Nation are not as well organized as Labor U. Then business has some measure of representation also, through the United States Chamber of Commerce, The National Associa tion of Manufacturers, the Lumber Industry Committee—and so on. Two labor organizations speak for labor, though all the workers taken togeth er are several times greater numeri cally than the membership of both the C. I. O. and the A. F. L. jointly. Here is a lesson for us in effective ness: Organized labor is but a frac tion of the workers, but it is all that counts with the President and Con gress, when they think of labor. That is equally true of our Legislature. No organization representing business nationally commands the deferential support of law-makers in a manner comparable to that of the big two of labor. Business has too many or ganizations in the national field and too little general, overhead, over-all, unified organization. That each trade or phase of business should have its own trade association is nat ural because matters peculiar to a particular trade are not well handled iby a great ovdr-all organizaition. That they need a unifying general organization, however, is beyond dis pute. If the Govenment and the Congess ae disposed to accept two Unions as speaking for all workers, then business needs to simplify its approach by speaking on topics of general concern through one national group. I spoke of the Government and the Congress. That is in truth an error, for the government of the United States is vested in the three well known departments;—legislative, ju dicial and executive. Congress, of course, is the legislative department of the Government; the Courts are the judicial department; and the President is head of the executive department. Strictly speaking, then, the Administration is not the gov ernment; it is only one branch or de partment of it. Much is said of executive usurpa tion, of the encroachment of the President on the powers of Congress. The Constitutional makes the three departments equal—and so they may be—but the equality does not always work out impressively. A strong ex ecutive; that is p President who loves power and stretches everything so as to enhance his power—sometimes throws the other in the shadow. That is happening now. During the first days of the Depression Congress I seemed to have no ideas and was all too willing to give the President a blank check, duly signed. Congress would like to take back some of the power, but long years of leaning on the President has made the Congress almost too weak to endure the strain of standing alone. Sometimes we get a strong Con gress, or even a strong Senate. For a time Senator Borah seemed to be the voice of America in foreign af fairs. A resolute Congress can re duce a president to a secondary po sition. Then the Supreme Court, which today is so strongly for the 1 philosophy of the New Deal, may at times throw both the President and the Congress out of gear. In the recent clashes between the President and the Congress the Con- grssmen have not shown themselves as resourceful as our Legislature of 1935 and thereafter. Except for a FRIDAY, APRIL 23, 1943 few exceptions specifically mentioned, our Constitution reqiures that the Governor shall make the executive appointments. Our Legislators, how ever, stepped in and took the power away from the Governor. So if the Congress were as resourceful as o.ur Legislature it would assume many of the powers of the President. Since in general, the President and the Governor are chief executives the on ly question to be asked is whether our Legislature in curbing the Gov ernor’s Powers violated the Consti tution. , . . j Workers to a Michigan refin- fiKpg cry fixed up a very low, falsa door leading to the pay office. Mu On it is inscribed, “You will learn to duck lower if you don’t Buy a Bond.” t it you haven’t gotten around to buying a Second War Loan Bond, stop and think what it would mean to you if our sol diers hadn’t gotten round to the fight. ACHING-STIFF SORE MUSCLES For PROMPT relief—rub on Mus- terole! Massage with this wonderful “counter-irritant” actually brings fresh warm blood to aching muscles to help break up painful local con gestion. Better than an old-fashioned mustard plaster! In 3 strengths. lUSTEROlt Notice! Beginning April 28 the following filling stations will close their places of business for the summer months each Wednesday after noon at 1 p. nri. through the months of Aug ust, in order to give thier employees a half day holiday to work their Victory Garden? or enjoy it in any way they desire. Buddy’s Gulf Service Brown’s Service Station C. D. Coleman Co. Main Street Pure Oil McCoy’s Service Station George C. Hipp Greystone Service Station Homestead Service Station Roy Mills Esso Station Ellisor Adams City Filling Station “Next to the post office and just as reliable”