The sun. [volume] (Newberry, S.C.) 1937-1972, June 03, 1954, Image 2
PAGE TWO
THE NEWBERRY SUN
THURSDAY. JUNE 3. 1954
1218 Collegre Street
NEWBERRY. S. C.
PUBLISHED EVERY THURSDAY
O. F. Armfield, Jr., Owner
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: $2.00 per year in ad
vance; six months, $1.25.
COMMENTS ON MEN AND THINGS
By SPECTATOR
All In The Interpretation
What are the powers lawfully exercised by the Supreme
Court of the United States?
It is helpful at times to read the Constitution in order to
refresh our memory of the very foundations on which this
Nation was built. If our forefathers were guided by ex
perience they had in mind the judicial authority as it was
exercised in England.
In England the Courts have no authority to invalidate
a statute. Nor was any such authority conferred on our
American courts by the Constitution. Chief Justice John
Marshall assumed, or took, that power and the Court has
continued to assume it.
The Constitution established the Supreme Court. Speak
ing of the Federal Courts—all of them—the Constitution
says: “The judicial power . . . shall extend to all cases in
law and equity, arising under this Constitution, the laws of
the United States, and treaties made, or which shall be
made, under their authority ... to controversies between two
or more States; between a State and citizens of another
State; between citizens of different States; between citizens
of the same State, claiming lands under grants of different
States; and between a State, or citizens thereof, and foreign
States, citizens or subjects.
In all cases . ... in which a State shall be a party the
Supreme Court shall have original jurisdiction; In all other
cases before mentioned, tKe Supreme Court shall have ap
pellate jurisdiction, both as to law and fact, with such ex
ceptions, and under such regulations as the Congress shall
make/’
You observe that the Federal judicial power was limited;
it might be invoked by citizens of a State against a foreign
Nation or the subjects of a foreign Nation. The Segrega
tion issue grew out of a challenge by citizens of South Caro
lina against their own State. If we apply the Constitution
strictly how did the Federal Courts acquire jurisdiction?
Article 1, Section 10 prohibits the States from certain
functions and they are set forth in detail, such as making
treaties, coining money, passing bills of attainder, expost
facto laws, or laws impairing the obligation of contracts.
Remember that the States were completely Sovereign and
independent. They were recognized separately as indepen
dent States or Nations by the King of England. They volun
tarily prepared and adopted the Constitution, so that the
Nation is the creature of the States. My point in emphasiz
ing that is that it is a cardinal principle of legal interpreta
tion that a writing or agreement by a person limiting his
own power must be strictly constructed.
You find here no authority to invalidate an act of Con
gress, nor any prerogative to deal with the States, except
as mentioned. How, then, did the Federal Courts acquire the
political powers they exercise ? They took them and we
acquiesced.
True enough, there was a Civil War of four bloody years,
but the Civil War didn’t amend the Constitution!
The fourteenth Amendment was frankly a political de
vice and was virtually so construed and applied by the
Court itself for fifty years after the Civil War.
When the Constitution was first put into force, in the
very beginning of the new republic, ten amendments were
quickly adopted, in order to re-assure the States, since there
was a feeling that the rights of the States should be set
forth so clearly as to be beyond dispute or challenge.
Articles 9 and 10 tell us:
“The enumeration in the Constitution of certain rights
shall not be construed to deny or disparage others, retained
by the people.”
Clearly the people and their States had all the powers they
did not confer on the Nation. But to be even more definite,
and specific. Article 10 says: “The powers not delegated to
the United States by the Constitution, nor prohibited by it
to the States, are reserved to the States respectively, or to
the people.” x
All the recent trouble stems from that part of the 14th.
Amendment which says “No State shall . . . deny to any
person within its jurisdiction the equal protection of the
laws.” That really meant equality before the Courts in ju
dicial proceedings especially in police matters, such as the
Courts might competently deal with, as is prescribed by the
article conferring jurisdiction on Federal Courts in specified
cases.
When the Declaration of Independence says that all men
are created equal it means that they are entitld to equality
bfore the Courts; primarily for the protection of their
bodies and their property.
Recently I have declared frequently that our forefathers
were so fearful of the arbitrary executives that they failed
to plan against an arbitrary court. I repeat, that we are
a Nation under law but that no one can know what the
law is. The whim of a Court becomes the law of the land.
It is a whim? I need not quote opinions of politicians, but
FLY YOUR FLAG
r
Lets being TWfc FLAG
BACK INTO TNt WOMB
rr BELONGS.
Letg display it as a
PEVrttfODCR TO CUPS'ELVES
of twe VALUES ooe
s-ows AND DAU&MTEES
HAVE DIED FOG..
Lets teach our children
To GE/5ARD IT AS
a SYMBOL,
NOT MERELY OF WHAT
WE AGE AS A KlATlON,
Bor WHAT WE HOPE.
To BECOME —
One KIatvon Indivisible,
WITH LI0>LRTV
AND JUSTICE
for all ^
I may rest my contention on a recent address by Donald
Richbourg, before the lawyers, speaking of laws made by
the Court. But a lawyer of great eminence—John W. Davis,
remembered as a notable Solicitor General of the United
States, does not agree with the court. Then comes our
Governor, James F. Byrnes, once a justice of the Supreme
Court, is “shocked” by the decision. So who knows the law?
Demand Is Ever-Increasing
Figures don’t mean the same to all people. When men
talk about land values and the prices of farm commodities
I can go along, at least part of the way. I don’t fully grasp
some figures recently used by The South Carolina Electric
& Gas Co. For example, last year that Company sold about
one and a half billion kilowatt hours, more in fact than in
any previous year. That is not within my “ken”—I don’t
grasp it. Do you ? I get nearer home when I read that
the average residential customer used 3,142 kilowatt hours
during 1953. I can understand that this was 9 per cent more
than in 1952. Of course new fans, larger and better fans;
air conditioning units, home freezers, more lights—all these
things are clearsenough. But that billion and a half kilowatt
hours is beyond me. It makes me think of the alleged pos
sible speed of my car—110 miles an hour; I’ll never try to
prove it.
The article says that the average price of 2.59 cents was
below the National average, the average for the Nation being
2.74. Well, its strengthening to the spirit to know that some
thing is cheap.
Sam Wiemer, my serious-minded and capable informant,
says that That Company paid in taxes last year $5,477,512.
Did you know that any concern in South Carolina paid that
much in taxes? It is an eye-opener, isn’t it?
Years ago a small rail road running through Clarendon
County paid six thousand dollars in taxes. After talking
about that five and a half million, six thousand may seem!
like chicken feed. But I recall two flourishing communities,
with excellent schools, largely supported by the taxes from
that little rail road. Alas! the rail road is no more; and the
schools are no more; and the communities are not what they
used to be!! Like the story of the old gray mare, isn’t it?
American Worker Better Equipped
Behold our great Country:
“Rapid growth of population in itself does not assure pro
gress. In countries such as China and India, the expan
sion of the population spells overcrowding starvation and
misery. But in our country the expanding wants of the
people have been met by tremendous productivity. While
this may be attributed to many factors, the predominant
one is that the American workman, compared with other
workers, is far better equipped with power-driven tools. The
amount of electric power produced in this country is more
than thirty times the amount of human power, where as a
century ago human power was two and a half times as great
as machine power. Since this country produces 42 percent!
of the world’s electricity, the average American has ten
times more mechanical power than the average worker in the
rest of the world, and our standards of living are correspond
ingly higher. Since the end of World War II, more than
$22 billion has been invested by American industry in plant
and equipment. ,
Approximately three fourths of all current outlays for
equipment are for replacement of worn-out facilities rather
than for expansion of capacity. The primary reason for this
huge investment is to bring about lower costs. Including
fringe benefits, the average cost of an hour’s factory labor,
generally, is more than 165 percent above 1939, while it is
estimated that the average price of equipment has advanced
only about one half as much. Hence, emphasis is being placed
on labor-saving devices, in preparation for the rugged compe
tition that lies ahead. This should benefit the workers since
increased mechanization will call for new skills, with the
consequent upgrading of labor, and also provide new job op
portunities.
Quality Photo Finishing .
Quality is still our first consideration. Although our photo
finishing business has grown tremendously, we still give in
dividual attention to every print we make. Bring us your next
pictures for developing. We*re sure you'll be pleased with the
results. And, too, we’re always glad to offer helpful suggestions
in picture taking.
NICHOLS STUDIO
Fluoridation. Another Look
If I had read your editorial. “For
Fluoridation. Another Test.” two
years ago I would have said very
good and more power to you. How
ever, in the past two years after
further study of the matter. I am
very much against fluoridation.
Other men have changed their
minds also. Dr. Ross Fringle, a
Greensboro dentist who voted for
fluoridation in 1952. is now open
ly opposed to it. Dr. A. D. Miller.
Representative from Nebraska
since 1942 and 1939 President of
the Nebraska State Medical So
ciety, was for fluoridation. In fact,
lie introduced a measure to permit
fluoridation of Washington’s water
supply. Being a member of a
Special Congressional Committee
on chemicals in foods, he was pre
sent at hearings on fluoridation of
water in March 1952. After the
hearings lie felt that adding
fluorides to drinking water in the
proportion one part per million
will prevent some cavities in chil
dren. However, he also said that
these experts did not know what
effect fluorides might have upon
the acutely or chronically ill child
or upon the older group who might
he chronically ill, and that it is
unthinkable that the Public Health
Service should recommend uni
versal medication of water for
everyone until all the facts about
the effects upon the ill are known.
I believe as Dr. Miller that Pub-
t
lie Health jumped the gun on
fluoridation. Arso in another recent
instance they wanted to put DDT
around dairy barns as an insecti
cide. It proved hazardous. Among
other things it found its way into
milk in unhealthy amounts. Public
Health officials didn't openly ad
mit this was a mistake, but just
hacked off.
Every authority agrees that
fluorides are highly toxic when
taken in excess. Dr. Jonathan For
man. prominent Columbus, Ohio
physician, stated in “The Land,”
Spring 1953 issue many of the ef
fects of overdosage. Some of these
are dental fluorosis, calcified
tendons and ligaments, arthritis,
brittle bones, anemic, alteration in
growth and weight, dysmenorrhea,
lowered birth rate, liver and kid
ney damage.
Experiments at the University of
Texas associate fluoridation with
cancer. The university of New
Mexico has run many tests show
ing other harmful effects including
increased dental decay in adult
life.
I was just like a sheep follow
ing the herd before I studied both
sides of this issue. If, perhaps, you
and many others could become
familiar v/ith these studies, you
would change your opinion as well
as your future health.
J. B. HENSON, JR., M.D.
Greensboro.
' | "'HE Department of Health, Edu-
cation and Welfare celebrated
its first birthday as a full-blown
cabinet department in April, but it
administers some very old pro
grams—the Public Health Service,
for instance, had its start in 1798.
The past year has seen a thorough
revigw in HEW of the procedures
under which these programs are
carried out, and Secretary Oveta
Culp Hobby has asked Co gress
for authority to make important
changes in the means by which
grants in aid for a variety of pur
poses are made to the states.
At present, the Public Health
Service makes six separate grants
to state health authorities, convey
ing earmarked funds to be used for
general health, tuberculosis con
trol, veneral disease control, mental
health, cancer control and com
municable disease control. Money
given for one of these purposes
cannot be used for another.
HEW claims that this earmark
ing introduces rigidity into state
health plans, keeps available dol
lars from going as far as they
would if state health authorities
had more freedom in use of the
funds. Authority was requested to
make a unified public health grant
to the states, to be allocated at
their discretion-
HEW’s new grants-in-aid seem
likely to be unified, with funds sup
plied as: Support grants, to help
maintain basic services, given on
the basis of financial need; exten
sion and improvement grants, given
on the basis of population; and
special project grants, given on the
basis of unusual problems and
opportunities.
The one exception probably will
be grants for mental health. Mem
bers of Congress and a number of
state officials believe that lumping
these with other funds will cause
mental hygiene programs to be sub
merged in other health activities.
Lobby groups which do not of
ten see eye to eye on national is
sues' joined forces to shoot holes in
the Eisenhower Administration pro
posal for a health insurance pro
gram.
The National "Chamber of Com
merce and American Medical As
sociation, which have locked horns
in the past, joined other groups in
voicing opposition the bill drawn
up by the Department of Health,
Education and Welfare and intro
duced into both houses of Congress.
HEW Secretary Hobby said the
legislation would: Establish a rein
surance fund to stimulate insurance
carriers to broaden benefits and
service; authorize $25 million to re
insure “abnormal losses,” the fund
meeting 75 per cent of losses, the
carriers the remainder, among
other things.
Said the AMA “The bill will
rot fill its intended purpose and
may in fact inhibit satisfactory
progress which is now being made
by voluntary insurance companies ’’
Said the Chamber of Commerce:
(It) would add nothing to the
present rapidly expanding and suc
cessful system (and might lead
to) socialized medicine under a
compulsory health insurance plan."
WEEKLY CROSSWORD PUZZLE
- - i
Here’s the Answer
3 Wager
4 Rough lava
5 Makes lace
edging
6 Greek god of
war
7 Withered
8 Thus
9 Shade tree
10 Song bird
11 For fear that
13 Drone bee
17 Symbol for
tellurium
20 Models of
perfection
HORIZONTAL
1,5 Depicted
actress
12 Mountain
nymph
14 Interstices
13 Deep hole
16 Musteline
mammal
18 Written form
of Mistress
19 Babylonian
deity
20 Ironed
22 Knight (ab.)
; 23 Sun god
24 Type measure 21 Left
26 Homan road 23 Mend
28 Poorly filled 25 Swamp
'• peanut pod 26 Information
31 Genus of water (slang)
scorpions
32 Operatic solo
33 Banner
34 Polynesian
chestnut
35 Hodgepodge
36 Former
Russian ruler
37 Registered
nurse (ab.)
38 Electrical unit
39 Pint (ab.)
41Disjoined
47 Hebrew letter
49 Exist
61 She appears
on
52 Swiss river
53 Laconic
65 Sylvan
demigod
57 Astral
66 Promontory
VERTICAL
1 Stout cord
2 Assam
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ran
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ran
t^iraran
raoram
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irarann
27 Relate
29 Century plant
fiber
30 French river
39 Moccasins
40 Horse’s gait
42 Wicked
43 Passport
endorsement
44 Westphalian
river
45 French island
46 Goddess of the
dawn
47 Remunerates
48 Strays
50 Compass point |
52 Goddess of
infatuation
54 Symbol for
chlorine
56 Article
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DaueCarnegk!
★ AUTHOR OF "HOW TO STOP WORRYING AND START LIVING'’ ★
npHE first business venture of W. A. Adams, 2101 Lily Court, Sanford,
I Florida, was a contract for loading cars for a Growers Organiza
tion. They loaded at twenty different stations over the County and he
furnished the labor. Sometimes they ordered cars late and Mr. Adams,
not knowing about the order would not have enough men to take care
of the loads. Then he would get calls from all over the County. The
Growers would be furious, not being able to unload.
Then Mr. Adams would pick up the men needed
and begin worrying and dreading the time to arrive
at the station and the trouble. After a month of this,
he realized that he would have to do something
about it. Soon he learned that the Growers were
not as angry as they acted and he stopped worrying.
That lesson in not worrying came in handy two
years later. He had married and was living in a
house with a flat root One rainy night about twelve
o’clock he and his wife were awakened by a terrific
noise in the kitchen. It sounded as though someone
had dropped the electric stove while trying to get it through the door.
His wife almost choked as she whispered, “Do something.” Not having
a gun for protection nor even a flashlight, he finally managed to ease
out of bed and lock the bedroom door. He had just about quieted his
wife when there was another terrible noise and he could even hear the
kettle roll across the floor. Naturally he had another hard time quieting
his wife and they spent the rest of the time until daylight waiting for
someone to try to get into the bedroom. About dawn he unlocked the
door and found a leaky roof had made all the plaster fall—most of »*
on the stove.
CARNEGIE
From the Cedar Rapids Tribune,
Cedar Rapids, Iowa: The villain or
hero, according to the preconceived
ideas of the audience was Sen.
Joseph McCarthy of Wisconsin . .
At intervals, when he was not in
terjecting a '‘point of order,” which
usually amounted to a statement,
or sweet-talking Secretary of the
Army as “Now, Bob.” the cameras
swung on McCarthy anyway, usu
ally as Cohn was whispering in the
Senator's ear
On one occasion, to vary the plot,
McCarthy left the room, followed
by the cameras, and returned to
announce that he had a mystery
witness. This came near the end
of one day’s show.
It reminded soap opera addicts
of other program closing announce
ments: “Who is this mystery wit
ness? What will McCarthy do next?
Will the big bad wolf corner the
lamb? Be sure to be with us again
tomorrow for the latest chapter in
this most thrilling of suspense dra
mas featuring Sen. Joseph McCar
thy and the United States Army.”
From the Chiekasfaa Star, Chick-
asha, Oklahoma: From this corner
it appears that Private Schine
knew all the right people to get
his commission, unto they started
biting at each other—and this is in
deed a pity, because it would have
cost we taxpayers only about $4,000
a year to put Schine in brass, while
the big conflab ip Washington is
costing about that much an hour.
The pressure extended to get Pvt.
Schine a fast commission Is typical
of thousands of such cases during
the past decade. It may be fortu
nate that the deal backfired. May
be something will be done about
the whole stinking mess.
It is bad. however, that the
money being spent for this stupid
investigation is not being used to
further soil conservation programs,
farm youth organizations, polio and
cancer funds and any of the hun
dreds of worth-while moves so bad
ly needed in this country of ours.
From the Sooth Pasadena Re
view, South Pasadena, Calif.: The
sessions have . . ^ shown how much
time can be absorbed in the bick
ering over the minutest points of
substance and procedure.
From a political standpoint, these
hearings . . harm the Republican
Party. It's a Republican senator
and a Republican Secretary of De
fense standing toe to toe and shout
ing “liar” at each other. The bit
terness which this investigation Is
engendering will not be easily dis
pelled. Division In the party could
not come at a more unfortunate
time—for the Republicans. Novem
ber is but six months away.
O—How would the President’s proposal for federal reinsurance of prft-
rate voluntary health insurance increase my protection against
medical debt?
A -Although Mr. Eisenhower did not spell out details In his Jan. 18
message to Congress, Administration and Congressional sources
have explained that a federal agency would insure private health-
insurance systems against abnormal losses. The private plans
would buy insurance from the government, which would help pay
certain claims to individuals. Thus, advocates of the proposal hope,
private insurance systems could offer broader coverage at lower
rates without much risk of going broke.
Q—Does the Mutual Defense,Treaty with the Republic of Korea obligate
the U.8. to help South Korea If it starts a war to win back North
Korea?
which the U.S. later recognizes as legally brought under the Repul
lie’s controL Although Secretary of State John Foster Dulles assure
the Senate Foreign Relations Committee that the treaty require
aid only against external aggression, the Senate attached a
bon to pin the point down.
Q—Are there any ofltoial statements In flie rtitute be
federal geverament to promote full empleymeut?
A —The closest approach is the Employment Act of IMS, In which Goa
gress declared that "it Is the continuing policy and respoosibilit
of the Federal Government to use an practical w . to prt
mote maximum employment . . .- One tool created by the Act I
the Economic Report submitted by the President Jan. 28.
(CorrtgM ISSO. “
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