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# I'he Newberry Sun 1218 College Street NEWBERRY, S. C. * O. F. Armfield Editor and Publisher PUBLISHED EVERY FRIDAY Entered as second-class matter December 6, 1937, at the Postoffice at Newberry, South Carolina, under the Act of Congress of March 3, 1879. SUBSCRIPTION RATES: In S. C., $1.50 per year in advance outside S. C., $2.00 per year in advance. Comments On Men and Things By Spectator The genius of Americans does not prove itself in the struc ture of government, or in governmental administration. Our great qualities of leadership, resourcefulness and efficient management are shown in Business enterprises and Labor Unions. In governfent we are inclined to indulge in theories which we disregard in time of action. In South Carolina we have taken from the Chief execu tive his powers, leaving him an exalted symbol of dignified weakness. Even the Budget Commission, once the Govern or’s Commission, now is an unconstitutional body composed of the Chief Executive and two members of the Legislature. Here we have two legislators performing executive duties, contrary to the Constitution, which provides that the three departments of the State government “shall be forever sep arate and distinct from each other, and no person or persons exercising the functions of one of said departments shall as sume or discharge the duties of any other.” If Governor Thurmond wants a real job let him stand up and fight to regain the power which the Constitution con fers on the office of Governor. Speech-making is more or less ineffective; let him boldly assert his prerogative and thresh it out in court. I have the friendliest regard for the Comptroller General and long years of comradeship with the Old Roman, Attorney General John M. Daniel. Those gentlemen have given occa sion for a real test of our law and the Governor should use it to clear up some bothersome confusion. One might be justified in congratulating the State on re cent official attitudes. The Suprome Court has again ruled against holding two offices. Some day some one will have the courage to test other cases of double office holding, per haps much more serious than the Greenville case. And the Supreme Court has put the Interstate Commerce Commis sion where it belongs. We bring up such little matters as Legislators serving as County Attorneys, whereas larger matters remain unchallenged as though a vested right were enjoyed. Of course a County Attorney holds a position of profit and trust, whether we declare it to be an office or not. When ever at Attorney is the regularly consulted, regularly paid, recognized adviser of County Officials, and paid with Coun ty money he is in fact in a position of profit and trust, re gardless of whether it be technically an “office” or not. We must have regard for the sense of the law, and not indulge in pettifogging with technicalities and subterfuges. It is reassuring that the Comptroller General asks for a ruling on an appointment by the Governor; just as the Treasurer’s request for a ruling on the $700 of official ex pense for eaclTLegislator certainly proved his purpose to be guided by official legal opinion. Courts confine their decisions td the points raised and are ready to have the cases presented again on new issues of substantial merit. The Court in ruling that a Governor may not make certain appointments, without the consent of the Senate, was interpreting the Statute which created the of fice. It may be true that the decision reveals a break in our administrative law which should be mended speedily. The President may make recess appointments by special auth ority conferred on him by the Federal Constitution. I do not doubt that those who wrote our State Constitution would have conferred on the Governor the same authority if it had occurred to them. Why should the Governor have authority to appoint a United States Senator temporarily and not a Tax Commis sioner? If you answer that the State must not remain with out full representation in the Senate of the Nation it is by equal force that the State should not fail to have the State offices in full operation. If you say that we don’t need some State offices you may be right, but that is beside the point as a matter of law. Shall the State operate without officials because the Sen ate is not in session? In the case of Mr. Reid, the Governor appointed him after the adjournment of the Legislature, be cause the incumbent resigned to accept a Commission in the army, the resignation being presented after the adjournment of the Legislature. If the Governor is without power to make an appointment we can wonder what would happen if a majority of the Commission should resign tomorrow. Should the Governor call the Senate in special session? For ty six Senators at a thousand dollars each, (not including special official expense) with five cents a mile coming and returning, and numerous attendants—57 as I recall. What says the Constitution about calling the Senate to special session? It doesn’t say anything about the Senate, separately; it says that the Governor may convene the Gen eral Assembly in extra session on extra ordinary occasions. I think the Governor has Constitutional power to appoint all officers except those whose election shall be by the quali fied electors or the General Assembly, as specifically provid ed in the Constitution itself. In other words, the power of the Governor to appoint, as I conceive it, is only limited by express limitation of the Constitution and cannot be limited or circumscribed by Act of ths Legislature. Whenever the Governor may appoint, subject to the consent of the Senate, he may appoint during recess, as an authority growing out of the authority to appoint, it being his duty to see that the operation of the State suffers no interruption. This is what the great Chief Justice John Marshall called a power by nec essary implication. As I conceive it, the Legislature has no Constitutional right to elect any officials, except those whoses election by the General Assembly is provided for in the Constitution. On what do I base my idea of the Governor’s power of ap pointment? The State Constitution says of the Governor: “He shall commission all officers of the State”. He is “the Supreme executive authority”. All this may be found in Article 4, sections 1 and. 17. Then in section 19 the Govern or is to “sign all grants and commissions” on behalf of the State. As I have frequently stated, our Constitution seems like a document written by six or eight groups, without any one to reconcile the provisions. Section 22 refers to appointment by the Governor in cases of suspension, and then the filling of the vacancy as may be provided by law. In 1895 there were only such officials as are mentioned in the Constitution, with several minor exceptions. They were either elected by the people or by the Legislature. Almost all the Commissions now operating are, I think, creations by the Legislature since 1895. I call attention to sections 17 and 19 of Article 4. Section 19 says'that all grants and commissions shall be signed by the Governor and is one we call a ministerial act; the Gover nor signs as a matter of formality; but section 17, to my mind, confers on the Governor, or confirms, the power of ap pointment. He shall commission all officers of the State. What w;e lack in the State Constitution is such a section as 3 of Article 2 of the Federal Constitution: “The President shall have power to fill up all vacancies that may happen dur ing the recess of the Senate, by granting commissions which shall expire at the end of their next session.” Suppose the Comptroller General, the Treasurer and the Secretary of State should resign? Must the State operate without these gentlemen until an election can be had ? However, we may look at this, the opportunity suggests a test of the Governor’s power. When the Constitution of 1895 was being written the Con vention had before it the Federal Constitution as a general guide. In that great document the President is referred to as “the executive power”; but the State Constitution says of the Governor that he shall be “the Supreme executive auth ority”. Can we imagine such a title for such mere clerkly duties as signing documents without authority? It seems an absurdity. N Shall we assume that the great and sovereign State of South Carolina intended that its Governor, the Supreme Executive Authority, should be merely a sort of glorified Notary Public? Does the Governor of the State sign papers as a matter of form? Veterans Comer Questions that World War II veterans ask most frequently about insurance, job training benefits, and GI loans were an swered today by the Veterans Administration. The questions and answers follow: Q. I have been drawing $57.50 each month from my $10,000 war risk insurance policy since my discharge from the Army after World War I. Are such payments discontinued when the $10,000 is exhausted? A. No. Payments may be continued for the remainder t of your life provided your total disability remains unchanged. Q. Why do I have to pay two monthly premiums instead of one when I reinstate my lapsed National Service Life Insurance policy? A. One premium is for the 30-day grace period following the date of lapse, during which the insurance was continued in force .without payment of prem ium; the other is for the current month of the reinstatement. Q. If I use part of my Arm ed Forces leave bond to pay my insurance can I receive the bal ance in cash? A. No. The remainder of your bond is placed to your credit until such time as it be comes payable jn cash, or you authorize further premium pay ments from the balance of your credit. Q.. My son a World War II veteran, is in a VA hospital and I would like to know if I can visit him every day. A. Yes. All Veterans Ad ministration hospitals have spe cial hours set aside each day for visitors the same as civilian hospitals. Q. What interest rates are lenders permitted to charge on GI business loans? A. In most cases, 4 per cent is the maximum. However, the interest rate may be slightly higher for certain types of in sured business loans. Q. In order to get a business loan under the GI Bill, will I have to operate the business myself? A. Yes, the veteran must de vote his personal labor or sup ervision to the enterprise, or to the practice of a profession, on a •full or part time basis. Q. Does Veterans Adminis tration help the disabled veteran get a job after he finishes his training? A. Yes. Q. What is the maximum length of training a disabled veteran can get nder the Public Law 16? A. The maximum is four years; however, Veterans Ad ministration may extend the time if factors in any case war rant an additional period for re- Observe how we act: Under the Bond Act of 1929, the Governor might decide on the issuance of $20,000,000 a year in bonds, but he must sit on the side lines while necessary offices remain vacant! Must we conclude that the Govern orship is an oratorical sound-board, springboard, too, a sort of sound and fury, signifying nothing? Certainly I do not argue for great or autocratic powers; I contend that we have encroached on the Governor’s prero gative so much that we have greatly curtailed his usefulness; and we have left a sort of vacuum in the administration of our public affairs. I know, of course, that we do not need five members of the Industrial Commission; just as we do not need seven mem bers of the Public Service Commission; nor do we need var ious other positions which thrive at the public expense; so my contention may seem to be somewhat like making a whale of a sardine, or the mountain’s labor which produced a mouse; but we have run along, haphazardly creating posi tions with no defiiyte plan of symmetrical form or efficient correlation of function. There are other matters of import ance besides passing liquor laws every year. NEWS FROM WEST END Mr. and Mrs. Carl Sease of Goldville spent the past week end with Mr. and Mrs. Terrell Sease. Miss Alice Danielsen left Sunday for Rock Hill where she will attend Winthrop Col lege. Professor Harold Hendrix left Sunday for Lockhart where he is to be principal of the school. Mrs. Marvin Humphries and Mike of Goldville are spending a few days with her parents, Mr. and Mrs. F. B. Culclasure. Mrs. D. D: Vines of Augusta visited her niece Mrs E. H. Lay- ton Saturday. Mrs. J. W. Davis and daugh ter of Saluda visited Mrs. Rufus Minor the past weekend. Mrs. Elbert Dickert and son and Mrs. B. A. Buddin and daughter of Columbia spent Tuesday with their mother, Mrs. C. F* Layton. Mr. and Mrs. Tommy Ellis and son of Greenwood spent the weekend with her parents, Mr. and Mrs. George Carter. Mr. and Mrs. James Bannister attended the wedding of Miss Mildred Marshall in Lydia Sat urday. Mrs. J. S. Dunlap of Orlando, Fla., is sending a while with htr daughter, Mrs. Tyrus genn on Harrington street. ANNIVERSARY CELEBRATION AT MACEDONIA CHURCH Macedonia Lutheran Church, Prosperity, will celebrate the 100th anniversary of the found ing of the church on Sunday, September 28. The Rev. Arthur Ballentine, former son of the congregation, has written a history of the church. Copies are being print ed and will be available for those who wish them at a reas onable price. All former pastor, members and friends of the church are in vited to attend the anniversary celebration. ' habilitation. Q. Must a disabled veteran go to a vocational school or may he go to a liberal arts college, a high school, or similar institu tion under the Vocational Re habilitation Act? A. He may enroll in any VA- approved educational institution or training establishment offer ing the course of training which VA has found he needs to insure his proper rehabilitation in line with his own desires. (Veterans wishing further in formation about veteran’s bene fits may have their questions personally answered by visiting A. M. McWhirter, VA Contact Representative at 1216 College street, Newberry, S. C. Mr. and Mrs. Eugene McCaskill of Columbia are spending the week with Mrs. McCaskill’s par ents, Dr. and Mrs. Bothwell Gra ham on Calhoun street. Loans! ON REAL ESTATE AUTOMOBILES AND PERSONAL PROPERTY NEWBERRY INSURANCE AND REALTY CO. NED PURCELL, Manager TELEPHONE 197 Exchange Bank Building Radio Repairs FOUR POINT SERVICE 1— Our Parts and Work are Positively Guaranteed. 2— Immediate Pick-up Service on Notification from You. 3— Prompt Delivery Service—To Your Home. 4— All work done at reasonable prices by experienced Tech- moans. CALL 470 — RADIO REPAIR DEPARTMENT OF THE Wertz Music & Appliance Co. "There's Rhythm In That There Store" NEWS FROM MOLLOHON Miss Christine Shealy of Little Mountain and Seaman Claude Metts of Prosperity were visi tors of Miss Frances Gregory Friday afternoon. Mr. and Mrs. Bailey Humphries and family of the West End com munity visited her parents, Mr. and Mrs. Will Golden Sunday. Mr. and Mrs. Forrest Dickert visited their daughter, Evelyn in Columbia Sunday. Miss Margaret Harvey of Greenwood spent the weekend with her parents, Rev. and Mrs. B. H. Harvey. Mr. Russell Lee was a visitor in Columbia Sunday. Mr. and Mrs. D. W. Jones and family visited in Saluda Sunday. Mrs. Wilbur Jones, Mrs. F. H. Jones, Mrs. Mildred Jones, and Mr. Emerson Jones visited in North Charleston Saturday. Mrs. Mildred Jone s has accepted a pos ition in North Charleston high school as a commercial teacher. Mrs. Edith Matthews is a pat ient in the Newberry County hos pital. Mr. and Mrs. Harper Wherry announce the birth of a daughter Sunday, September seventh. Mis s Willie Elizabeth Vaughn and Mr. Arthur Woodrow Lath- rop were married Sunday at 5:00 p.m. in the Summer Memorial church by Rev. J. B. Harman, formerly pastor of the church. The bride and groom left for a wedding trip to the mountains, after which they will make their home in Newberry. We wish for them lots of happiness. MARTHA ROBERTS TARRANT Colonel and Mrs. L. K. Tar rant of Alexandria, Va., an nounce the birth of a daughter, Martha Roberts, on August 26. Colonel Tarrant is the son of Mrs. R. L. Tarrant of Newberry. Mrs. Frank D. 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