The sun. [volume] (Newberry, S.C.) 1937-1972, October 24, 1947, Image 6
The Newberry Sun
Friday, October 24, 1947
SPECTATOR
The Associated Press tells us
that the Governor would like to
separate from the public service
eleven gentlemen now holding
office. Some of those gentlemen
have been in service a long time;
one of them is from Barnwell
that little county which casts
such a big shadow; certainly it
puts all of us in the shade.
What the Goernor may hold
against the eleven officials is not
stated, unless it be that they
have become rooted in office.
Some officials are appointed by
the Governor; others are elected
by the General Assembly, so the
Governor’s progress may be slow.
As I pointed out some time ago,
the power of appointment really
rests in the Governor, but has
been usurped by the Legisla
ture.
If the eleven officials have no*
been faithful servants of the pub
lic something should be sai
about it. Naturally the Govern
or is not desirous of removing
officials for political or personal
reasons. % ^
The Governor finds the Consti
tution out of date, and advocates
a modern, streamlined law. He is
right, of course, in principle, but
I can’t see what good could be
accomplished by having a new
MONUMENTS
& MARKERS
Now on display, all sizes
and designs, made from
Winnsboro Blue Granite.
Visit our displav on the
cut-off, or call or write a
postcard and one of our
representatives will be glad
to call at your home.’ You
will be under no obligation.
O. C. PHILLIPS,
Memorials
Located on cut-off at
Morningside Nursery.
Constitution. The present Consti
tution of 1895 has been amend
ed several times but neither cer
tain stern prohibitions of the
great document, nor certain
amendments have been respect
ed as conclusive by the Legisla
ture, the Governors or the
Courts. Why then, have a nev
Constitution? Is the present Con
stitution a stumbling block to
the progress of the State? True
it is that the Contistution is a
document of too much detail, in
stead of an outline of broad pow
ers and equally broad inhibi
tions, such as may be found in
the great Constitution of the
United States. Even that grea
document has been badly man
handled in recent wears, every
sort of fantastic scheme being
based on the preamble alone.
It isn’t that either Constitu
tion is faulty; our trouble is that
we kick against the pricks; we
want to do as seems good to us,
ignoring any restrictions. Legis
latures are like the modern trend
with children; they wish to dev
elop their personalities along
thoroughly individualistic lines,
kicking out of the way any rule
or law which might impede their
full and free expression.
As I said that all three great
Departments of the State Gov
ernment had deliberately or ig
norantly repudiated the Consti
tution, I must prove the state
ment. Quite obviously it could
not be ignorance.
The Governors have appointed
and commissioned men to office
while the men were holding of
fice, and continued to hold both
offices. Since the Constitution
is clear on that we score one on
the Governors. Why a new Con
stitution? It reminds me of
Dives, in the story of the Rich
man and Lazarus Dives wanted
new light, new guidance, some
one straight from Heaven, to
warn his people. But he was told
that even a visit from one from
the dead would avail nothing;
that since Moses and the Pro
phets couldn’t persuade those
brethren they would remain un
persuaded even though one went
from the dead. And so with the
Constitution if we kick this one
around, what would we do with
a new one? The trouble is not
in our Constitution, but in our
selves.
And as to the Legislature;
seldom is a County Supply bill
passed without provisions which
are violative of the Constitution.
One might almost hazard a guess
that not one of the County Appro
priation Bills of 1947 was entire
ly free of provisions subversive of
the Constitution; and all were
signed by the Governor. Even
if there is no other provision
repugnant to the Constitutior
you will probably find that tht
Legislative Delegation assume;
executive discretion and super
legislative powers. There is nc
such thing as a Legislative Dele
gation; each County has a Sena
tor and one or more Represen
tatives. I’ve said nothing about
“official expense’’ money.
And what about the Courts?
Although four judges have de
dined certain allowances as be
ing unconstitutional, I pass that
over for something that has al
ways been a puzzle to me. One
can understand, perhaps, how
seventy lawyers in the Legisla-
proposed amendment to the Con
stitution which had been sub
mitted, endorsed at the polls and
been duly ratified by the General
Assembly some years before, but
how can we understand the ac
tion of the courts in allowing
cases to be tried and in giving
judgments based on the Contitu-
tional provision which had been
voted out some years before? Did
the courts take no account of
amendments to the Constitution?
Well, at least in the Orangeburg
case, an attorney for the County
submitted to the Court that the
Constitution had been amended.
In 1932 a Scholar in law pub-
scholar, included the copy of the
Constitution and he, even he, a
s holar, included the copy of the
Constitution without the amend
ment of 1921—evden years be
fore!
So, why trouble ourselves
about a Constitution?
uniform in their operations: Pro
vided, That nothing containec
in this section shall prohibit the
General Assembly from enacting
special provisions in genera
laws. And this follows a provis
ion allowing special laws foi
County salaries.
If you will read the Constitu
tion carefully as it was in 1891
and as now amended you may
wonder just where we are, con
stitutionally, for we still have the
injunction against special laws.
As writers trained in the law
we may be excellent lawyers.
In And Around
ST. PHILIPS
MISS ERIN TAYLOR
Correspondent
I don’t wan to be technical and
dry in this discussion, but the
Constitution as originally writ
ten had two sections of interest
at this moment. Section 33 of
Article 3 had sub-sections 10 and
11. Number 10 prohibited spe
cial laws for county salaries;
Number 11 provides that when
ever a general law can be made
applicable no special law shall
be enacted. So, Number 10 hav
ing been stricken out in 1921
without the recollection of many
lawyers, the Legislature in 1934
re-submitted No. 10 and included
Number 11, so now we have the
following: The General Assembly
'shall forthwith enact general
j laws concerning said subjects
for said purposes, which shall be
The South Carolina
•
National Bank
CONDENSED STATEMENT OF CONDITION
October 6, 1947
ASSETS
Cash and Due from Banks $ 49,284,982.89
U. S. Government Bonds 67,508,487.31
State and Municipal Bonds 631,834.42
Fed. Land Bank Bonds and Fed. Int. Credit Banks Debs. — 1,906,794.79
Federal Reserve Bank Stock 126,000.00
Loans and Discounts 37,628,014.75
Banking Houses (11) $507,375.00
Less Depreciation 114,016.25
393,358.75
Furniture and Fixtures 158,315.61
Other Real Estate 1.00
Other Assets 90,672.09
$157,728,461.61
LIABILITIES
Capital — Common $ 2,000,000.00
Surplus 2,200,000.00
Undivided Profits 937,672.36
Reserve — Contingencies 500,000.00
Reserve — For Taxes, etc. , 368,451.01
Deposits 151,722,338.24
OFFICES AT:
Anderson
Belton
Charleston
Cheraw
Columbia
Dillon
Florence
Fort Jackson
Georgetown
Greenville
Leesville
Navy Yard
$157,728,461.61
Pickens
St. Matthews
Seneca
Sumter
We may wish the Governoi
success in the effort to simplify
the structure of the State gov
ernment, though that, I think, if
a mater of secondary import
ance. At this minute we neei
a sharp change in the admini
stration of the Workmen’s Com-
pensation Act. That is urgent
If the law needs revision, revise
it. Whatever else may be like
a barnacle clinging to a ship we
should change.
That we have some deadwood
on the payroll is probably true,
just as the counties also are run
ning into extravagance by mul
tiplying jobs. But all the dead
wood on the State’s pay roll will
hardly exceed a quarter of a
million dollars, counting salaries,
and allowances. That is not as
much as we could save in many
other retrenchments, very not
ably in the Department of Wel
fare. This practice of virtually
encouraging and fostering de
pendence on the State stands in
need of drastic reform.
Because our Governor is young
and full of spirit I would urge
that he try his hand on the two
departments mentioned.
There is something else:
Shouldn’t we confine the High
way Department to about fifty
per cent of its income for con
struction so as to use the remain
der for the payment of bonds? I
am very appreciative of the good
work done by the Highway De
partment and advocate only a
policy of prudent financing. The
present method I regard as en
tirely unsound, but it is what the
law prescribes. Let us change
the law.
On Saturday, October 18, the
Fall convention of the Woman’s
Missionary Society of the New
berry conference met at Mt. Pil
grim Lutheran church, Prosper
ity. A most wonderful program
was rendere and talks that were
full of inspiration. The follow
ing ladies from this community
attended: Mrs. M. E. Enlow, Mrs.
Floy Ruff, Mrs. Joe Koon, Mrs.
Martha Thomas, Mrs. C. C. Lom-
inick, Misses Juanita Felker,
Julia Kate Sease, Ruth Lom-
inick and Erin Taylor.
Mrs. L. A. Ruff, Mrs. Joe Koon,
Misses Clara Lou Ruff, Mary
Pinner Koon, and Jean King at
tended the Sears Roebuck ban
quet at Willowbrook park in
Newberry Friday night.
Mr. and Mrs. B. T. Gibson of
Prosperity spent Sunday with
her mother, Mrs. R. N. Taylor.
Mr. and Mrs. M. E. Enlow visit
ed Mr. and Mrs. Claud Counts in
the Union community Sunday af
ternoon.
Mr. and Mrs. Banks Enlow and
daughters, Anne and Tobie, spent
the weekend in Goldville as the
guests of Mr. and Mrs. Joe Rob
ert Koon.
Mrs. R. N. Taylor spent Satur
day with Mr. and Mrs. Henry
Kinard of Prosperity.
The British are taking steps
which make us think of Russia,
except that Britain can never be
like Russia. The British are
feeling the pinch of their bureau
crats. An order permits the Gov
ernment to send unemployed
workers where it thinks they
are needed, excepting married
women and girls under twenty.
Like so many laws, that may
seem a good law; but laws are
administered by men; and we
have learned even here that
some officials will use the law
to reward their friends and to
punish or annoy their enemies.
The British law is more tyranni
cal than the harsh orders of an
cient despots: they seldom did
more than oppress the people at
home. Almost any man would
rather endure some degree of
oppression at home than be driv
en out, even to greener fields
afar off. Some men, in fact, do
submit to a certain measure of
oppression at home. . . . How
ever, this British law is serious.
If they can do that in Old Eng
land, how would you like to
have America in the hands of
Communists?
Our towns and cities are call
ing for help. We people in
towns want paved streets, water
and sewer connections every
where, parks and playgrounds,
firemen and police, inspectors
and public places—and all sorts
of public service. The traffic
problem is a constant worry to
towns. So the towns want more
of the money collected by the
State.
In the meantime the State goes
merrily on creating supervisors
of this and that and something
else, much of it being services we
might easily do without.
If we could only spend the
public money on necessary pub
lic service, it would permit us to
do more for really necessary pub
lic servants, instead of scattering
money all about in a sort of
childlike freehandedness.
Mrs. Belton Kinard spent a few
days last week with her sister,
Mrs. Madison Longshore of New
berry.
Miss Clara Lou Ruff had for
her guest Tuesday night of las’,
week Miss Reba Hawkins of
Prosperity.
Mrs. Levi Koon and children of
Newberry spent a few days last
week in the home of her par
ents, Mr. and Mrs. W. A. Crump
ton.
Mr. and Mrs. Harvey Halfacre
and little son, of Irmo, were re
cent guests of her mother, Mrs.
A. P. Ruff and _family, and visit
ed other relatives in the com
munity.
Mr. and Mrs. Eugene Shealy
and children spent Sunday with
her parents,.Mr. and Mrs. Enos
Shealy of Little Mountain.
Miss Clara Lou Ruff spent the
weekend in Jolly Street with
Miss Jean King.
Mr. and Mrs. J. A. Wicker and
Mr. and Mrs. John Allen Wicker,
.Jr., and little daughter of Po-
maria: Mr. Hubert Wicker and
Miss Della Wicker were Sunday
' guests of Mr. and Mrs. D. T,
Wicker and family.
Mrs. Cora Sligh and son,
George, spent Sunday with Mr.
and Mrs. John D. Koon.
Mr. and Mrs. Ashley Shealy
and children spent Sunday with
relatives at Little Mountain.
Mr. and Mrs. C. C. Lominick
were visitors in Sumter Sunday.
Miss Jean King of Jolly Street
visited in the home of Mr. and
Mrs. L. A. Ruff Friday night.
Cormiek funeral home in Colum
bia for Mrs. Dorothy Minick Fet-
ner, age 36, who died September
econd in Germany, where she
had gone with her young son to
be with her husband, Sgt. E. R.
Fetner. Interent was in Rose-
mont cemetery here.
Mrs. Fetner has been in Ger
many only a short time with her
husband when she became ill
and died. She was the daugh
ter of J. P. and Bessie Wills
Minick, who were former New-
berrians.
She is survived by her husband
and young son, Jimmie Odom
Fetner, and the following broth
ers and sisters: J. D. Minick of
New Jersey; J. P. Minick, Jr.,
and Greorge Minick, Greenwood;
Mike Minick, Atlanta; Mrs. T. S.
Coleman, Indianapolis, Ind.; Mrs.
J. L. Johnson of Newberry, Mrs.
Johnnie Jenkins and Mrs. Clyde
Williams, Ware Shoals.
Fender & Body Work
Have your Fenders and Body straighten
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upholstery service and Painting.
Davis Motor Company
1515-1517 Main Street
MRS. DOROTHY FETNER
Funeral services were held Fri
day morning, October 17, at Me-
Radio Repairs
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CALL 470 — RADIO REPAIR DEPARTMENT OF THE
Wertz Music & Appliance Co.
"There’s Rhythm In That There Store"
JUNIOR HOMEMAKERS
RECEIVE RATING
A certificate giving a rating of
“superior” to the Newberry Jun
ior Homemakers Association girls
who attended Ocean Drive camp
this summer has been received by
Miss Bryan. The certificate v.
issued by Miss Katherine Wright,
camp supervisor.
To be eligible for the certifi
cate, those in attendance at the
camp were required to receive
perfect scores on their daily ac
tivities at camp, take part in ex
tra activities, and do their part
toward being efficient, cheerful,
obedient, and friendly in every
phase of the camp program.
The Newberry JHA recently
elected officers for 1947-1948.
They are as follows:
President—Ruby Nell Hughes:
vice president, Barbara Addy;
secretary, Mary Louise Lomin
ick; treasurer, Barbara Bickley;
and reporter, Tena Price.
TAX NOTICE
The Tax Books will open for the collec
tion of taxes on
October 1
and a discount of
%
1 per cent
will be allowed on taxes paid during the
month of October 1947.
J. Ray Dawkins
COUNTY TREASURER