The sun. [volume] (Newberry, S.C.) 1937-1972, March 04, 1949, Image 4
PAGE FOUR
THE NEWBERRY SUN
FRIDAY, MARCH 4, 1949
Senator McFaddin hopes to
save South Carolina political
independence by a bill he has
introduced in the Senate to de
fine and regulate political par
ties. The idea of the Senator
is to get around the decisions
of Judge Waring. All of us
may wish the Clarendon Sena
tor success in his effort to
make a political party the pri
vate instrument of the popu
lar will which it was intend
ed to be.
The men who wrote our basic
law both Federal and State
Constitutions, set up an elec
toral and election machinery,
without regard to political par
ties. That was the law, and
that was the dominant idea.
No one can challenge that, un
less he mere’/ wants to talk.
Here is where States Rights
come in, for we are careless
ly speaking of States Rights as
a measure dealing with race
questions.
When we find that the
Courts can construe a private
practice as an instrument of
law, or a:- a denial of legal
rights, though exactly as it has
been carried on for eighty
years we run head-on against
an American practice which is
the most oligarchic procedure
imaginable, though in the name
of dempcracy. When a Court
can change the whole course of
two centuries by interpreting
the law as accepted for eighty
years, we are face to face with
a problem much greater than
the mere decision of the dis
tinguished jurist of Charleston.
The problem is this: how can
we have a democracy when
the law is so cloudy that the
avern'e man doesn’t know
v he law is? Worse than
uiai.. t iie average lawyer does
n’t know either; and far worse
yet: the judges don’t know.
Look over the record: the
highest court decides cases five
to four. Are the four eminent
justices wrong or ignorant?
What is the law? We begin
in the Federal Court, for ex
ample. One district judge in
Georgia says the law is so-and-
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so; another district judge in
Illinois says th e law is some
thing else; and a third judge
in Massachusetts says it is
something else, quite different
from the other. So what is
the law?
The case gres on appeal to
a Circuit Court Of Appeals. It
sustains the Massachusetts
judge, but the decisions in the
other states still stand. Then
the Supreme Courp steps in
and decides the case 5-to-4.
The lawyers and judges are
bound by that supreme court
decision, but they probably
doubt th e soundness of it.
So where are we—a great
democracy?
It is no new thing—^judge-
made law; the law books are
full of it; but the most urgent
need is for a clarification of
all the law, with definite, pre
cise, lucid statements in the
form of Statutes.
The gravest indictment of our
American way is that the law
is what the Judges say; busi
nessmen who plan a course
cannot proceed with confidence
because the lawyers can’t speak
with certainty. As I’ve said,
•even the Courts can’t be ac
cepted as final arbiters until
the Supreme Court enters a
judgment; and even then the
Supreme Court may turn a
somersault as it has done in
recent years.
So we, a great democracy,
based on law, don’t, know, and
can’t predict, what the law is
most of the time.
Laymen and lawyers alike
stand in wonderment and help
lessness. All this may help
support the legal profession,
though I doubt it. The first
requirement of good citizen
ship is obedience to law. Well,
what is the law
We have in Senator Mc-Fad-
din’s bill a fundamental con
cern of States Rights; but the
first concern must be to de
termine what the law is and
who made the law. We should
put our Courts under a sharp
study so that we may have
law. one law for all the Na
tion; and one law settled by
long observance not merely a
matter of some individual’s in
terpretation. America is a land
of pressure groups; we must
become a Nation of law, main
taining the ancient doctrine of
the Equal protection of the
Law. That means law as re
cognized law; not theories, phil
osophies, ideologies or whims
fastened on the law and made
the law itself.
The saddest handicap on the
human race today is the readi-
i ness to appeal for help. What
super-men, what marvellous
women, were those Southern
ers of the Civil War and Re
construction eras! Here in
South Carolina, once the State
of self-reliant men and women,
the idea of easy money now
prevails.
Those older people were poor,
poor in dollars, perhaps, but
how wondrously rich in char
acter, in the spirit of self-help.
I do not mean by the word
“character” that all were Psalm
singers, loud prey-ers in church
or meek and pious people. I
use “character” to indicate the
sum-total of the spirit, as well
as the spirituality of men who
faced and overcame hardships,
perils, menaces and threats. Ac
cording to the politicians of
the day, the Government of
the United States must feed,
clothe, rebuild and re-finance
the whole world. Haven’t we
a job to do here at home? Quite
apart from the bureaucrats who
praise their own work, what
really substantial and perma
nent good have we done?
We have encouraged all the
world to ask, or demand, from
us; and we must give them
millions or billions so “as not
to incur their displeasure. Now
isn’t that true?
Our Legislature seems to be
catching the spirit, or singing
the tune, of Mr. Truman. The
idea of some is to pay every
former service man a bonus;
and to provide for everybody
everything—& then more; and
to give to every old-age pen
sioner more largely; and to
raise bottom wages so that
business enterprises will have
to lift themselves by their own
bootstraps. We can go just
so far and then th e bottom will
drop out.
Those of us who have farm
ing interests know that the
price of farm labor is determ
ined by the productiveness of
that labor. That is the theory
and it has to work out in prac
tice. Let us see; today the
farmer down my way is plan
ning his planting of tobacco,
cotton and corn. The farmer
wonders about prices naturally:
the price he expects will de
termine how much he can
spend in producing the crop.
If the prospect is fair for thir
ty three cent cotton, with av
erage yield, then the farmer
will pay labor so much. And
he will hunt for labor. Labor
is still in demand. Then when
picking time comes the farmers
not only pay highly competi
tive prices for labor, but send
trucks thirty miles to get la
bor. That same principle ap
plies to labor everywhere. But
in this State, even, following
the political trend of Congress,
at the behest of politicians in
pressure groups, we, too, are
urged to adopt minimum wage
scales.
I think the proper course is
not to argue the minimum
standard of living, but to meet
the whole argument head-on:
it is not the business of the
National or State governments
to fix wages. We cannot get
back to the character-building
era of individual^worth and in
dividual productiveness except
by throwing overboard all this
Socialistic trend with the Com
munistic flavor
Why forget all the practical
commonsense which made this
Country? Don’t we know that
individual incentive makes for
larger individual achievement?
The insurance solicitor makes
an extra spurt because he will
find his new effort reflected
in his commissions; he will
reap where he sowed When
we pay all on a level we get
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You* also save worry...for
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level work; that is the lowest
level, not th e highest. The
drone and the incompetent will
never reach the high level of
the intelligent and industrious
man, but the industrious and
capable man can easily drop
to the lower level.
The only wage scale should
be according to production.
There are men and women
who depend on their savings.
They are not millionaires; many
are thrifty souls who have sav
ed thirty or forty years. It
was by hard work, frugal liv
ing, strict self-denial, that they
accumulated twelve or fifteen
thousand dollars. At eight
per cent interest they could
live on their savings; at four
per cent they could make ends
meet by doing little things now
and then. Today who guaran
tees them anything? Perhaps
the bank pays one per cent,
even if it pays any interest on
the whole amount. Who guar
antees them a minimum scale
of living? Nobody. Then a
young fellow puts all his mon
ey and his time into a little
business of his own—a filling
station, a garage, a store, a
little one-man enterprise. Who
guarantes him a profit? His
wife and children depend on
his business, but • he depends
on the cold world. Why not
require the banks to pay ten
per cent on savings? That
would be foolish and would
close the banks immediately.
The same principle applies to
wages.
Why are we constantly pet
ting and pampering one ele
ment? Votes, politics. We now
are thrusting politics into the
very warp and woof of our
business-life; we are sacrific
ing the longtime benefit of self-
reliance, vigour, thrifty citizen
ship 'for a leveling off process
which will put a premium on
mediocrity and sacrifice spe
cial talents, extraordinary zeal
and high endeavor.
W e have a few geniuses in
business. Such men as the
Selfs, the Regnerys and the
Springs are great men by any
standard of measurement. But
we must not require by law
all that those great industrial
ists do, unless such production
and constructive leaders can be
created by law, which is quite
impossible. The few popular
automobiles on the market to
day bring to mind a dozen well
known cars of ^ few years ago,
now no longer manufactured.
Our cotton mills have cost
many millions to thousands
who put their faith and money
into cotton mills and had nei
ther faith nor money left. Oc
casionally a great genius comes
on the scene and prospers
where others fail. Wt must
not expect all men to be gen
iuses ; nor can the geniuses
employ all the people who need
employment, those whose bread
and meat depend on their job.
So we should be slow about
requiring air-conditioned mills,
just as we would do well to
let the prosperity of a business
determine in great part what
should be required. Now that
we have, such effective labor
organizations why must the
iron hand of the law be im
posed?
Aren’t we all growing weary
of the abasement of every
thing for political purposes?
In the trial of the Catholic Car
dinal we may assume that the
trial was a travesty and the
conviction a tragedy. We' may
properly be righteously indig
nant over the Bolshivist pro
cedure in the name of justice;
but why did President Truman
of the United States discuss it?
Ask yourself. Now the papers
tell us that a dozen Protes
tants are up for trial. Has all
the mighty wrath been spent?
Are we now exhausted in our
spiritual emotions? Are our
leaders profoundly indignant
only when a great organiza
tion is concerned? In this
case it is not the church, but
the politicians. If our anguish
is because of tyranny, what
about those Protestants?
John Berley Enlow
John Berley Enlow, 53, died
suddenly Wednesday afternoon
in the Fairview Section of
Newberry County. He had
been in declining health for
thd past nine years _ but was
attending his duties as usual
at the time of hh death. Born
and reared in the O’Neal Sec
tion, he was a son of the late
Jake and Alice Boland Enlow.
For the past 26 years he made
his home in the Fairview Com
munity, where he was a farmer
and also operated a grocery
store.
He is survived by his wife,
Mrs. Rosa Stockman Enlow;
two sisters, Mrs. John Daniels
of Newberry and Rosea B.
Johnson of Sanford, N.- C. and
a number of nieces and neph
ews.
Funeral services will be Fri
day morning at 11 o’clock at
his residence with the Rev. L.
H. Montgomery and Dr. J. B.
Harman officiating.
The truth is that Washington
has become a sounding board
6f specialized political appeal;
we American are dabbling with %how adherents here—in other
any • case anywhere if it can words, Vote*.
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