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- THE NEWBERRY SUN 1218 Collegre Street NEWBERRY, S. C. 0. F. Arm field 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. I COMMENTS ON MEN AND THINGS BY SPECTATOR South Carolina’s Constitution may need amending, or we may need a new Constitution; cer tainly we need something. But is it a Constituion that we need above all else; or do we need a NEW attitude, or, perhaps, an amended attitude? Did you ever think of the real purpose of a Constitution? It is, above all, a statement of certain rights of the individual which a Legislature may not take from him or violate, and which the courts must assure him, guarantee to him. One such guarantee is: “ . . . nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb Constitution of the United States, Fifth Amendment. This is one of the bulwarks of indi vidual right and is set forth not only in the Fifth Amend ment of the Federal Constitu tion, but in Section 17 of Ar ticle One of the Constitution of the State, the language be ing almost the same, the State Constitution guaranteeing against second peopardy of “life or liberty/' whereas the Feder al Constitution speaks of “life or limb." Strangely enough, the courts find that one cannot follow the language absolutely. For exam ple, if a man named X wobbles along a street in a car he may strike another person. The Town may arrest him, try him on a charge of bad driving and sentence him to jail for ten days. That is one jeopardy. But suppose the *man who was struck develops something ser ious and goes to the hospital; may X now be tried by the State on a charge of Assault and Battery, which is an of fense against the State? Sup pose he be committed to the Penitentiary for a year? That is a second peopardy. Now the man who was struck comes home and dies, all the doctors agreeing that his death was the direct result of the blow. Might this man be indicted now for murder or manslaughter? All resulted from the same act. Would that be placing the man in jeopardy three times? A very interesting case seems to be brewing in this State. A man tried and acquitted in one County is wanted in an adjoin ing County for the same of fense, the same act, the very act for which he was acquit ted. I don’t know the facts, the details of the alleged crime for which the man was tried, and am not interested in the details. What interests me is this: What about that man’s Constitutional rights, the guar antee against being placed in jeopardy of life or liberty a second time? Some one has made the state ment that the man, acquitted in one County, should be brought to trial in the neighboring County and allowed to plead his Constitutional rights! Well, isn’t that going too far? How would a poor man fare in a case like that? Must he retain able and expensive Counsel to plead his Constitutional rights, when the records of the Court and the common knowledge of £ all men is that he has already been tried and acquitted in an other county on the same facts? What appears alarming to me ’mis that the State of South Caro lina—the State—wants to pros ecute him twice. As you know, the persons tried in our court houses, in every county, are tried by the State, not by the Counties; and the alleged of fenses are crimes “against the peace an ddignity of the State; as the indictment must say. We have a bit of confusion here that has its roots deep in our idea of the rights of a citi zen. A man is arrested by offi cers in a county, or on a war rant by a Magistrate of the county. A grand jury of that county brings in a true bill; and the trial is before a petit jury of that county. But the jsecutor is the State’s law- and is paid by the State, because the law is the law of the State and the trial is for a breach of State law, although the jury is a body from his County. And the Judge is a State Judge. In the case referred to, there is this unusual experience: two counties claim that the man violated the law within their limits. But, even so, the indict ment charged him with violat ing the “Statutes in such case made and provided and against the peace and dignity of the State/' Can this man violate twice by one act “the statutes in such ca^e made and provid ed and the peace and dignity of the State?” Whether the State made a mistake in trying him in one County rather than another, it is for an offense against the State that he was placed in jeo pardy by the State* and he was acquitted by the State. How can we even consider an arrest? Doesn’t the Constitution mean anything? The question of a new atti tude resolved itself into this: do we mean to be restrained, as well as guided by, a Consti tution? If not, this Constitu tion will serve as well as any, for this Constitution has enough good in it to serve a helpful purpose and not enough con fusion to bewilder us more than the attitude of those who kick it aside whenever it would stand in their way. We are able to write a Con stitution but we are not in the calm, reflective mood of men whose minds are on the eternal principles of justice; just now we are all for some fad or fancy of government, or against too many ideas. The ideas are as out of place, many of them, as are some inhibitions of the present Constitution. Some day, one can’t imagine when, we may be prepared in mind, spirit and resources to write a great charter for the State. But first let us restore sanity in our Na tional Administation, in our Congress, in our Federal Courts specially the Federal Supreme Court; and let us finish with the South Carolina Senatorial campaign. Perhaps then we may have our minds unencum bered with a lot of pride pre judice, and foolishness that to day obscure the facts and make us see through a “glass darkly,” as the Apostle Paul says. MRS. MAMIE C. TAFT Mrs. Mamie Coppock Taft, 81 died early Saturday afternoon at Newberry County Memorial hospital shortly after admit tance. The widow of J. W. Taft, she had made her home in Pros perity with her daughter, Mrs. Carroll S. Mills, for the past eight j'ears. She had made her home in the Reedy River sec tion of Greenville county for ten years. Funeral services were con ducted at 3:30 Monday after noon from the graveside in Reedy River Baptist church cemetery by Rev. H. E. Whit ten, assisted by the pastor of Reedy River church, Rev. Seth Hester. Sh£ is survived by one daugh ter, Mrs. Carroll S. Mills of Prosperity; one sister, Mrs. J. A. Mozelle of Jackson, Miss.; two granddaughters, Mrs. June Campbell of Joanna and Mrs. Joy Camp of Greenville, and one great-granddaughter, Miss June Campbell of Joanna. Electric power production and sales always interest me be cause they are a sort of busi ness barometer. I read every week the rise or fall of electric power generation and sales in all sections of the United States. I note with special satisfaction that we of the Southeast are usually above the National av erage. Recently Mr. S. C. Mc- Meekin, President of the South eastern Electric Exchange, in a convention in Virginia, deliver ed an address which I quote from the Associated Press re port, as published in The News 54 Courier: “Utility executives from 10 Southeastern states today heard S. C. McMeekin, Presided of the Southeastern Electric Ex change, ' tell about the rapid growth of the electric industry in the South since V-J Day. Mr. McMeekin, president of the South Carolina Electric and Gas company opened the 17 th an nual business conference of the group with a review of the past year’s progress of the privately owned companies who serve more than 4,000,000 cusomers in the rapidly growing South. ‘The members of the exchange are determined to keep pace with the expanding South and we— plan to spend $300,000,000 in 1950 alone,” declared Mc Meekin. The utility leader went on to say that the num ber of farms served by the pri vately owned companies had more than doubled since V-J Day and that approximately 100,000 new farm customers would be added to the lines this year. Citing the fact that the companies employ more than 42,000 persons, with an an nual payroll in excess of $140,- 000,000, the utilities are by no means resting on their oars, but are determined to continue to bring th e benefits of electrical living to more and more people in the South. Mr. McMeekin emphasized that ‘this industry has never been too little or too late with any power demand even though the companies not only had to curtail their ex pansion program during the war but also had to meet an unprecedented demand for powd er after hostilities ceased.” Mr. S. C. McMeekin is, as you know, President of the South Carolina Electric and Gas Company, a big company which now covers more than half of the State. It is a matter of pride when our fruitful workers are recognized as a very able Electrical Engineer and execu tive of broad experience in large areas of the United States. He is a Clemson grad uate and a son of Fairfield county. MRS. JOE J. BOAZMAN Mrs. Janie Reel Boazman, 57, wife of Joe J. Boazman and a prominent and beloved resident of Chappells, died at her home Saturday morning after a long illness. The daughter of the late W. T. and Elizabeth Ann Harling Reel of Edgefield, she took _an active interest in the social, civic and religious life of her community, being a devoted and faithful member of the Sa luda Babtist Church. She has a host of friends who will be saddened at her passing. Survivors include her hus band, Joe J. Boazman; five children, Mrs. G. W. Dominick of Chappells, Mrs. J. S. Boozer of Clinton, Mrs. R. B. Able of Saluda, Earl Boazman and Ralph Boazman, both of Chap pells; three grandchildren, two brothers, W. A. Reel, Sr., and J. W. Reel, Sr., of Edgefield, and two sisters, Mrs. A. M. Deitz of Weaverville N. C., and Miss Pearl Reel of Edgefield. Funeral services were con ducted at 3:30 Sunday after noon from the graveside in Sa luda Baptist church cemetery, Chappells, by Rev. G. R. Petti grew and Rev. Roy Durst. More and more of our lead ers are native sons. James H. Hammond, now of Columbia and Beech Island, finds that his native county line has been shifted so often that he just claims to be a native of all Southwest Carolina. Mr. Jeff eries, though long connected with Colleton, is a Cherokee man; Senator Brown of Barn well is a native of Aiken coun ty. * In the textile field, Mr. J. B. Harris, Vice President of the Self Mills, is President of the South Carolina Cotton Manu facturers’ Association; and Mr. E. S. McKissick, of Greenville, is President of the American Cotton Manufacturers’ Associa tion. There are many able men in the Legislature; for some rea son they don’t seem to use all their ability in public service. They are recognized at home as capable men, many of them leaders in every constructive effort, but one wouldn’t think so, if he happened to look over the official record, would he? Senator Harry F. Byrd of Virginia, addressing the South eastern Electric Exchange, said that President Truman is a So cialist, citing much to sustain the charge. But one point per mits me to protest. Senator Byrd says that the President “is proposing to increase Gov ernment spending by more than eight billions over 1948, more than half of this having nothing to do with wars or rumors of wars. What I ask is this; Who will authorize this spending? The Congress of the United States? The Congress should disregard all the Truman phantasies and stick to the necessary business of governing. Instead of that, the Congress plays along with the Truman vote - seeking schemes, reducin this-and-that by a few millions now and then. What is needed is a vig orous repudiation of Mr. Tru man and his foolishness by men of resolute spirit 'who will have something of the old time fire and idealism in their souls. Politicians may be gravely concerned about staying in the Party; but most of us are not seeing the “gravy - train;” we are alarmed by the feebly sur render we are making of a great inheritance of liberty and orivate initiative. After us the deluge: Yes let’s play politics, even if we mortgage the chil dren’s future. That’s what we are doing. The South Carolina White men have no party of their own. The South Carolina Demo cratic Party trembles before a Federal Court. To me the is sue has always been clear: we must decide whether to stand four-square for what we con ceive to be our rights, accept ing like men, whatever conse quences may ensue; or we must surrender by trimming, and side-stepping, ducking and dodg ing. The English could never coerce the Irish, could they? What made this a republic? Because the men bowed and knelt to King George the third? Is that what we were taught in school? . v ^ if/’’' • 1 v *. * 1* * mm m * *• • r-s. y m Give and keep giving to help science defeat tKe di<*a$e that strikes, on the average, one out of every two homes in America. Say to yourself ...here is life-giving money to help those stricken by Cancer to live again. i •. . ' _ EVERY NICKLE AND DIME I give helps support am educational program teaching new thousands how. to recognize Cancer and what to do about it. EVERY QUARTER I give helps set up and equip new research laboratories where scientists are dedicating their lives to find the cause—and cure of Cancer. EVERY DOLLAR I send helps buy new equipment, helps establish new facilities for treating and curing- Cancer, both still pitifully scarce in this country. . . Guard those you love! Give to conquer Cancer! AMERICAN CANCER SOCIETY KEMPER MOTOR CO. R C. MOORE AND SONS, INC. SOUTH CAROLINA NATIONAL BANK PURCELLS Your Private Banker” G. B. i SUMMER AND SONS FARMERS ICE AND FUEL ODORLESS CLEANERS NEWBERRY FEDERAL SAVINGS AND LOAN ASSOCIATION