The sun. [volume] (Newberry, S.C.) 1937-1972, August 29, 1947, Image 4
THE NEWBERRY SUN
FRIDAY, AUGUST 23. 1947
12 18 College Street
NEWBERRY, S. C.
O. F. ARM FI ELD
Editor and Publisher
Published Every Friday.
Entered as second-lass mat
ter December 6, 1937, at the
postoffice at Newberry, South
Carolina, under the Act of Con
gress of March 3, 1879.
SUBSCRIPTION RATES: In
S. C., $1.50 per year in advance;
outside S. C., $2.00 per year in
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SPECTATOR
Congressman William Jen
nings Bryan Dorn speaks out
against those who are claiming
to be Democrats though full of
un-Democratic ideas and loyal
ties. Mr. Dorn’s attitude does
not differ sharply from that of
the other Representatives In
Congress from South Carolina
unless it be that he has more
oratorical fervor. Our six
“Congressmen” voted with mark
ed independence and are more
truly reflecting the State’s poli
tical philosophy than are those
who follow more or less blindly
whatever the President advo
cates or disapproves. Congress
man Dorn declares that South
Carolina especially is the home
of the real Democracy, the
foundation of Jeffersonian gov
ernment. unblemished and in
corruptible. Mr. Dorn includes
the South, the old South, as
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partners with us in our Demo
cracy, but he vigorously de
nounces Henry Wallace and ex
cludes him from our Party.
Mr. Dorn is refreshing. Just
what he thinks of President
Truman’s close fellowship with
some well known groups and or
ganizations is not known to me.
Mr. Dorn has a great name to
uphold and a great tradition of
service to maintain if he would
follow in the steps of William
Jennings Bryan. Mr. Bryan
had courage; he had the simple
faith of a great soul and went
down in defeat because he advo
cated many of the measures
which were adopted later. Mr.
Bryan was a political evangelist,
preaching decency in politics
and fairness in government. No
man out of office was ever so
powerful an influence in Amer
ica; he made no deals or trades;
he appealed to the heart of the
nation and his oratory nearly
elected him to the presidency
in spite of the millions of dol
lars used against him. Quite a
mark to shoot at, Mr. Dorn.
Judge Eatmon has raised a
question which should be ans
wered now. May a Judge or
any court enjoin or restrain the
State from enforcing a Statute?
Apparently the Attorney Gener
al of the State thinks the Judge
has no such authority. And to
the average citizen, the man in
the street, the matter appears
like this: The General Assembly
enacts a bill and the governor
approves it. That is a law. It
may be challenged on the
ground of unconstitutionality and
a Judge may rule that it is un
constitutional, but even in that
case the issue is determined at
a trial. In the Myrtle Beach
case the Town of Myrtle Beach
seems to have passed an ordin
ance authorizing a guessing
game at races. The State de
clared that the whole procedure
was an effort to evade the
State law on betting. It is
well known that no town ordin
ance can set aside a State law.
Towns are agents of the State
and subject to the State. In
this case Judge Latmon ruled
that the guessing practice did
not violate the State law and
enjoined the State officers from
interfering with the races and
the guessing. The State brought
the matter before Justice Oxner
of the Supreme Court. Justice
Oxner overrode the restraining
order of Judge Latmon, so the
State will proceed to arrest
anyone whose operatioris vio
late the State Statute against
betting, as the cases may seem
to come wihin the purview of
the law.
It seems to me that the whole
matter might have been brought
Sheriffs and others had made
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Service
or Firat Sergeant
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$185.63
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. 135.00
87.75
151.88
Staff Sergeant
. 115.00
74.75
129.38
Sergeant ...
. 100.00
65.00
112.50
Corporal ...
. 90.00
58.50
101.25
Private First Gass
. 80.00
52.00
90.00
48.75
84.38
In addition to column one of the above:
20% increase for service overseas. 50%
increase, if member of flying crew. 50%
increase, up to $50 maximum per month,
if member of glider crew. $50 per month for
parachutists (not in flying-pay status) while
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A GOOD 10 B FOR YOU'-**
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1216 College Street
Newberry, S. C.
arrests and forced a quicker
determination. It is unthink-
to a speedier conclusion if the
able that the enforcement of
sovereign enactments of a
state should be paralyzed with
out even a trial on the merits.
Former Judge A. W. Holman
seems to have stirred up several
issues. He attacked the Legis
lature for. granting “official-ex
pense”, as the extra compensa
tion is called, but he did not
challenge the extra payments to
Judicia land Executive officers.
Judge Grimball and Greneker
have made the issue by declin
ing the additional emoluments
given to the Judges. Where
does the matter stand now?
Judge Grimball is being con
sistent. Back there in the days
of our poverty, when we were
all poor and not even dreaming
of today’s free handedness and
rich bounty; at a time when a
dollar was a dollar and com
manded our respect; even before
the days of a thirty seven bil
lion dollar budget of the Nation
which can’t be reduced, and the
lavishness of State spending—
even so, before all that, the Leg
islature reduced the pay of
Judges and other constitutional
officials. Poor indeed, we were.
The budget of the State was
about eleven million dollars and
had to be reduced to less than
six millions. Hard to believe
that we ever were so “hard-up”.
Judge Grimball demanded his
full salary and relied on the
Constitution. And the Judge
won the case. As all the Courts
were affected, so all the Judges
stepped aside, declining to rule
in a matter affecting themselves.
The specially appointed Sup
reme Court upheld Judge Grim
ball. All Constitutional officers
shared the benefits flowing from
that decision. The Court even
issued a mandamus compelling
the payment of the deducted
amounts without an appropria
tion by the Legislature. The
Special Court went so far to up
hold the Constitution in regard
to salaries that it overruled any
question of requiring an appro
priation to make effective the
judgment. Direct action. Just so.
Up to this point, at least so
far as salaries were concerned,
the Constitution was “vindicat
ed”, upheld, enforced and made
a respectable document.
Now what part of the Consti
tution was that? Section 9 of
Article 5 says: “The Justices of
the Supreme Court and Judges
of the Circuit Court shall each
receive compensation for their
services to be fixed by law.
which shall not be increased or
dimmished during their continu
ance in office. They shall not be
allowed any fees or perquisites
of office . . .” That seems clear
enough; and to sustain that
mandatory provision the special
Supreme Qpurt resorted to the
unprecedented procedure of ord
ering the Comptroller General
to make payments from any un
appropriated funds in the treas
ury.
It must be admitted that the
Constitution is quite clear and
that Judge Grimball was clearly
within his constitutional rights
to invoke the Constitution
against reducing his salary.
Now Judge Grimball declines
certain emoluments because the
very section of the Constitution
he invoked long ago prohibits
an increase in pay, or the enjoy
ment of special emoluments.
Judge Greneker takes similar
action. , ,
From the letters of Judge
Grimball and Greneker declin
ing to accept some perquisite,
fee or emolument beyond the
salary as of the time of their
election, one must conclude that
the Legislature overstepped the
Constitution again, generously
providing for the Courts and
others, while providing so gen
erously for themselves.
This is a very interesting ques
tion. At the very moment that
ex-Judge Holman argues against
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an increase for the Legislators,
as “official expense money” two
Judges decline certain “extras”,
tacitly, at least, declaring the
“extras” to be unconstitutional.
An interesting sidelight on
this is that Judges Grimball and
Greneker, in declining “extra
pay”, or perquisite,—to make it
sound more impressive, were
acting in their private character.
Though they decline certain
emoluments which they might
receive as Judges their decision
is not official or judicial. Here
the Judge is not a Judge but a
public functionary only, and in
his private life. If this matter
had been presented to either of
those two Judges judicially, and
he had ruled as his private act
implies, then the whole affair
might have been held in abey
ance until the Supreme Court
could act.
A layman is often mystified by
the processes of the law. A great
lawyer once said to a group of
us: “If your ideas and the law
don’t coincide, change your
ideas, for the law is right”. The
law may be right, always, but
by whose interpretation?
The judgment and decree of
the court in the thirties proved
that the Constitution is a docu
ment to be respected, observed
and enforced when salaries are
reduced, but it is yet to be es
tablished as an inviolable docu
ment when increases, are prov
ided in salaries, emoluments,
perquisites, expenses fees, or
whatever the increased “take-
hame pay” may be called. That
expression “take-home-pay” is
one that is very much in vogue
nowadays.
Government by secrecy or
Government “on the quiet” has
become a part of our new policy.
A citizen can go to the County
Auditor’s office and hear all
about the assessed valuation of
property, he can ascertain what
the courts have decided; he can
buy a volume containing the
recent decisions of the Supreme
Court. All court matters are
discussed in open court and are
public. But the awards made
by our Industrial Commission
are not published, nor are they
open to public inspection or in
quiry. I was suprised when an
employee of the Industrial Com
mission told me that the law
holds the Commission’s awards
not public. My next surprise
came when I was told that the
awards made to men and women
by the Welfare Boards are not
for the public. This savors of
bureaucratic sway doesn’t it?
Why secrecy in what the tax
payer gives away? And why
not publish the awards of the
Industrial Commission? Of
course this applies equally to
the payments made by the Un
employment Commission.
There is one essential differ
ence between Welfare grants
and awards by the Commission
—and the difference deserves
emphasis:
All awards by the Industrial
Commission and the Unemploy
ment Commission are paid
wholly by the employers; the
State pays nothing: whereas all
the money paid by the Welfare
authorities is paid by the tax
payers in general from ordinary
funds.
J. K. Breedin is speaking reg
ularly over the following sta
tions: WNOK (Columbia 1230)
WRNO (Orangeburg 1450) on
Wednesday at 2:30 P. M. and
WFIG (Sumter 1340) on Satur
days at 5:15 P. M.
Mr. and Mrs. George Martin
have returned to Newberry af
ter a vacation at Ocean Drive.
Quattlebaum-
Proffitt
Miss Peggy Jean Proffitt,
daughter of Mr. and Mrs. Beryl
G. Proffitt of Colorado Springs,
Colo, became the bride of Major
A. C. Quattlebaum, son of Mrs.
S. A. Quattlebaum and the late
Mr. Quattlebaum of Prosperity
on August 17, 1947. The cere
mony was conducted by Chap
lain Eugene J. Graebner in the
chapel of Peterson Field, Colo.
Baskets of white gladioli and
fern decorated the chapel, witn
cathedral tapers in candelabra
furnishing a soft light while the
service was performed.
Traditional nuptial music was
rendered by Miss Naida Graeb-
er, organist, and Major James
Miller, soloist.
Major Quattlebaum chose as
his best man Col. W. C. Garland
of Colorado Springs. Ushers
were Roy King and William
Bibb Lamar, also of Colorado
Springs.
The bride’s matron of honor
was Mrs. Roy King. She was
dressed in ice blue nylon taffeta
designed with a sweetheart
neckline. She wore matching
mitts fashioned in point over
the back of her hands, and car
ried an all blue colonial bou
quet with matching coronet for
her hair.
The bridesmaids, Miss Marie
Bucciarelle of Pueblo and Mrs.
William G. Kelly of Hutchinson,
Kansas were attired in yellow
dresses, similar to that of the
matron of honor. They also
wore matching mitts; carried
yellow colonial bouquets and
wore matching yellow flowers
in their hair.
The bride was charming in
her wedding dress of heirloom
satin, designed with a high
neckline, draped front and
bustle effect back. Her three-
quarter length veil was of
double illusion. She carried
white orchids and gardenias.
Her onl yornament was a strand
of pearls, gift of the groom.
Mrs. Proffitt, mother of the
bride, wore a chartreuse crepe
dress with matching feather
hat, and an orchid corsage.
Mrs. Quattlebaum, mother of
the groom, was attired in black
crepe and wore an orchid cor
sage.
Immediately following the
ceremony, a reception was held
at the home of the bride.
The couple left for a wedding
trip to California, after which
they will make their home in
Sacramento, Calif., where the
groom is stationed with the U.
S. Army. For traveling, Mrs.
Quattlebaum wore a brown two
piece suit with brown accessories
and an orchid corsage.
Mrs. Quattlebaum attended
Kansas State College at Man-
attan, where she was a member
f Phi Beta Phi sorority.
Major Quattlebaum attended
Wofford College at Spartanburg.
e was a member of Delta Sig-
la Phi fraternity.
Among those attending the
■edding were Mrs. S. A. Quat-
ebaum, mother of the groom,
•om Prosperity, and Mr. and
ry.
WHEELER-KIZER
Mrs. J. D. Wheeler announces
the engagement of her daughter,
Mary, to Wilson C. Kizer of St.
George.
The wedding will take place
in the early fall.
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KING-WICKER
Mrs. Jenelle Stockman Wicker
and Mr. James William King
were married August 23, 1947 by
the Rev. Julian B. Harman, D.
D., in the presence of several
witnesses.
Mrs. King is the daughter of
Mr. and Mrs. S. F. Stockman of
the Mt. Pilgrim community near
Prosperity. She is a graduate ol
the Prosperity high school and
is employed in the Hallmark
manufacturing company in New
berry.
Mr King is a son of Mr. and
Mrs. P. E. King. He served two
years and eight months in the
U. S. Navy during the war, and
is now employed in the Oakland
plant of the Kendall mills.
Mr. and Mrs. King will reside
at 2811 Hunt avenue.
H. D. AGENTS ATTEND
STATE CONFERENCES
TRIBUTE TO
LOVED ONES
Consecrate the memory of
your loved one with a dig
nified and enduring monu
ment.
O. C. PHILLIPS,
Memorials
Located on cut-off at
Morningside Nursery.
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Miss Ethel Counts, Newberry
county home demonstration
agent, and Miss Jane Winn, as
sistant home demonstration
agent, will attend a conference
for extension workers at Winth-
rop College from September 1
through September 6.
Agents from 42 counties, to
gether with 32 assistants, are
expected to attend the confer
ence for special training for the
1947-48 extension program.
Speakers during the week
will include C. G. Cushman, ex
tension dairy specialist from
Clemson college, D. W. Watkins,
extension director from Clem
son, S. L. Latimer, editor of The
State; Miss Elizabeth Watson of
the home research department
at Winthrop, and M P. Napier
of the extension department at
Clemson.
CELEBRATE WEDDING
ANNIVERSARY
Mr. and Mrs. Douglas Hornsby
will celebrate their 29th wed
ding anniversary on Wednesday
September third.
Miss Anne Culbertson of Due
West is visiting Miss Carolyn
Lipscomb this week.
NOTICE OF
JURY DRAWING
We the undersigned Jury
Commissioners of Newberry
County shall on the 4th day of
September, at 9 o’clock A. M.,
in the clerk of court’s office,
openly and publicly draw thir
ty-six names to serve as petit
jurors for the general sessions
court which will convene on
September 15th, 1947, at 10
o’clock a. m.
H. K. BOYD. Clerk of Court,
P. N. ABRAMS, Auditor,
J. R. DAWKINS, Treasurer.
August 22, 1947 A28-ltc
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Holiday Notice
MONDAY, SEPT. 1st
Being
LABOR DAY
We will not be open
for business
S. C. National Bank
- Newberry County
Bank