The sun. [volume] (Newberry, S.C.) 1937-1972, September 19, 1947, Image 4
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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!
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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. Mower retruned
Monday after spending two
weeks in Harrisburg, Ala.,
where she attended the funeral
of her brother-in-law.
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