Historical Newspapers of South Carolina

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FRIDAY, DECEMBER 10, 1943 USE IT UP’ THE SPECTATOR Why bother about the Constitu- ton? We South Carolinians have two Gonstituitions: The Federal and the State. They are not he same ex cept in general theoiy. I should like to read a good, ac curate account of the debates in our South Carolina Constitutional Con vention of 1895. Due to the patience industry and attention to detail of several members of the Federal Con vention we get a glimpse of what they had in mind when many of the provisions were written. But our New Deal Federal Supreme Court shows a marked tendency to disre gard the old and honored interpreta tions and to breathe into the Con stitution a meaning which is little loss than judicial politics. Though I am sorry to say it, I mean exactly that. I asked Mr. A. S. Salley, our ac curate and courteous Secretary of the State Historical Commission, if any delegate to our Constitutional Con vention had published notes on the State Constitution. He didn’t recall anyone, but referred me to the news papers of the' day. The State Constituion was intended to be both a luminous and mandatory guide to the Legislature and an equally strong CURB but in res training it. Alas and alack! A layman may be excused for as suming that State and Federal Con stitutions are the same, but a law yer is presumed to KNOW both Con stitutions and to irestpect them, A member of Congress has much latitude in iwtroduiing measures than a State legislator has. Merely because Congress does something is no sure guide for the State. Equally true is it that forty eight states have forty-eight Constitutions. There fore Massachusetts may have statutes which South Carolina may net have lawfully. You have heard—and are new hearing—proposals for teacher-re tirement pay, as well as retirement pay for judges. You may know that some State Colleges and other in stitutions already have retirement arrangements included in their bud gets. AH this is done in many states: and the Congress has done something for the Judges; but the Constitution of this State is an al most impregnable fortress against all this. It isn’t Whether you like it or not: the question is whether our Constitution may be disregarded. Firemen’a pensions, police pensions —all pensions—are contrary to the State Constitution. I know they may be excellent, but why not amen$ the Constitution and do things properly? Congress pays to the widow of a Corigressman a year’s salary—$10,000 —and our Legislature adopt® th« ■same cr.lan in spite of stern prohibi ts'ns in ehe Constitution. Rend these: THE NEWBERRY SUN “No person shall be elected or ap pointed to office in this State for life or during good behavior, but the terms of all offices shall be for some specified period.” How, then, may the Legislature keep a Judge for life on a sort of semi-retirement, but subject to occasional service, or subject to call? Read this: “The General Assembly shall not authorize payment to any person of the salary of a deceased officer ibeyond the date of his death.” Isn’t that clear? And that section continues: “nor grant pensions ex cept for military and naval services; nor retire any officer on pay or part pay”. Certainly that knocks in the head the proposal to retire out judges. The only exception is that of indigent persons, who may be given aid not exceeding $30 a month. We have a Parole Board against plain constitutional mandates. Some body heard of such a Board and plan in some other state—and so we have it. Just another by-passing of the Constitution. As to the Judges: they are elect ed for definite term®. The Constitu tion prescribes ten years far a Su preme Court Justice. A Circuit Judge “shall hold his office for a term cf FOUR years”. How can a mere statute change the length of service and the pay? As to the compensation of judges “The Justices of the Supreme Court and Judges of the Circuit shall each receive compensation for their ser vices to be fixed by law, which shall not be increased or diminished dur ing their continuance in office”. How about a life tenure on reduced pay? Obviously it may not be done. There is much ' talk of Senator Byrd of Virginia to head the Na tional Democratic ticket. During re cent months campaign headquarters have been opened in New Orleans and the preliminary movements begun. Conferences have been held in this State, as well as in North Carolina and Georgia. It appears likely that South Carolina will have a part in the Byrd campaign!. It is a campaign for Byrd, because the Senator has had no part in it and has net had a word to say. Those who think that South Caro lina i« a New Deal State should have had their eyes opened by the cam paigns of 1938, beginning with ‘he attitudo of the State Democratic Convention. Since then the Anti- New Deal, Anti-Roosevelt sentiment has grown by leaps and bounds. Strangely enough, the women seem specially opposed to Mrs. Roosevelt. In South Carolina we have New Dealers, Anti-New Dealers. Anti- Fourth-termers, Anti-other things. The question is whether the Antis— all together—can outnumber and cut- meneuver the New Dealers. The New Dal ha® anostles and diiseiiples of the rvw roll, ridino- luxuriously in the band-wneort. It isn’t nossible to de termine how deeply thev ar- inocul ated with the New Deal, as Ion 1 ' as ■they hold their jobs. The Anti-New Dealers think several hundred thous and of the New Deal ipaiprollers should be retired far the good of the nation. That, very naturally, does not com mend itself to those enjoying New Deail jobs—and they appear to be as the .sands of the beach. I don’t know how to classify our people, with regard to the New Deal. Farmers, as a class, don’t appear to like it; they have grown farther away from it since the Office of Price Administraton started. Then the New Deal’s straddling and somer saulting with John Lewis didn’t sit well with the fanners. Not all Federal officials are New Dealers, but they 'have to be discreet. On a real show-down I think the New Deal wiU prove to be fading out in South Carolina). So far as Senator Byrd is con cerned, he has a record of ver" sub stantial achievement as Governor of Virginia. As United States Senator he has been indefatigable in fighting extravagance in the public service. He has much to his credit as a bat tler for economy and efficiency, but h e is not using idle words, nor beat ing his wings against the wind; he reformed and reorganized the State government of Virginia so notably that he has been made a national fi gure by his work, not by his words. A campaign within the Party will prove interesting. One’s day may .start badly because of a trifle. When a man uses great quantities of hot water, good soap, and a new t>lade and comes out of a thirty-minute effort as fuzzy as though he hadn’t tried to beautify his counntenance it is, to say it mildly, a bit upsetting. I had such an experience. The faitiiful old Safety Razor, which was given me hack in the- days when Mount Ararat was the key pont of the world', can’t grip the blade. It is then, like the salt which has lost its savor and fit only to be trod on by the feet of men. Or, mayhap, it could be metamorphosed into a machine-gun bullet. If I lament the uselessness of this old friend of my daily association, it enables me to understand Cotton-Ed Smith’s attachment to the Old-Style long blade razor which he salvage! from the Ark and which he has used implacably in his war on the N'W Dealers who were to blame for the Flood. Sreakinig of Cotton Ed as an impla cable foe of the New Deal, have you sized up Gus Merrimon of Sumter, who is a foe cf the New Deal and ready to meet any New Dealer in debate. Mr. Merrimon challenged Senator Jefferies, hut Senator Jeffe ries has ignored the challange. That isn’t going to ston Gu® Merrimon; h•> is heart and soul for the sort etf America he has always been nrond of and b» will force somebody to answer him.