The sun. [volume] (Newberry, S.C.) 1937-1972, August 25, 1955, Image 2
■ ^ • ... i.v'
I*’
PUBLISHED EVERY THURSDAY
0. 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
HI
m.
;
.
mi
What authority has the Supreme Court of the United
States? In discussing the jurisdiction of the Federal Gov
ernment in the Legislative, judicial and executive depart
ments WE OF THE ORIGINAL thirteen states should re
member that 35 of the 48 states were admitted to the Union
BY ACTS OF CONGRESS, and that THEY regard the
Federal government as supreme. Those 35 states were Fed
eral territories before being admitted as states, and they
were, as Territories, governed directly by Federal authori
ties. We of the original thirteen states, those colonies which
won their independence; and then as independent States,
separate and sovereign, vountarily organized a Federal gov
ernment to act for them in certain matters, we built the
Union.
The Constitutional convention of 1787 was not called to
ernment were, Deleware, Pennsylvania, New Jersey, Geor
gia, Connecticut, Massachusetts, Maryland, South Carolina,
New Hampshire, Virginia, New York, North Carolina and
Rhode Island—13.
The Constitutional conventon of 1787 was not called to
construct a government from the ground up; the 13 states
already had their own governments, and had been fully
sovereign even before 1778, when the first National charter
or Constitution was adopted^ known as the Articles of
Confederation. They refer to themselves as states in 1777.
The basic idea of the 13 states, in forming a union, with
a Federal organization, was the idea set forth by Massachu
setts in 1780, which declared: “In ithe government of this
commonwealth the legislative department shall never ex
ercise the executive and judicial powers, or either of them;
the executive shall never exercise the legislative or judicial
powers, or either of them; the judicial shall never exercise
the legislative and executive powers, or either of them—
to the end that it may be a government of laws and NOT
OE MEN.”
*
The Constitution was adopted by small majorities in the
13 states because of the fear of usurpation of the powers
of the States by the Federal government. The States did
not mean to make broad grants of power to the Federal
government; the States meant to control the Federal gov
ernment within the bounds of the Constitution, strictly in
terpreter, construed and applied.
The Constitution can be amended, as provided by the
Constitution itself; it is not something to be amended by
courts and executive usurpations. As George Washington
said in his farewell address we should resist “the spirit of
innovation, however specious the pretexts”; and should
a modification or amendment be necessary should such not
be “upon the credit of mere hypothesis and opinion”, but
as the great document itself provides. “LET THERE BE
NO CHANGE BY USURPATION,” Washington urged.
When the 13 states adopted the constitution there was
opposition, even among its friends, many fearing that the
rights of states and individuals were not adequately assured.
In the Constitution, as adopted, were provisions to pro
tect citizens in the enjoyment of certain ancient rights,
such as forbidding expost facto laws, and bills of attainder;
and guaranteeing habeas corpus, trial by jury etc, but there
was fervent dissatisfaction, nothwithstanding. So, almost
immediately, twelve amendments were proposed, ten being
proposed in 1789 and adopted in 1790.
It is interesting to re*ad the resolution of the Congress,
in submitting the twelve proposed amendments in 1789:
The Conventions of a number of states, having, at the
time of their adopting the Constitution, expressed a desire,
In order to prevent misconstruction or abuse of its powers,
that further declaratory or restrictive clauses hould be
added; And, as extending the ground of public confidence
in the government will best insure the beneficient ends of
its institution,” etc.
Articles 9 and 10 are still part of the law of the land; bpjh
were adopted in order to reassure the states, and make their
rights clear and sure..
Article 9 declares “The enumeration in the Constitution
of certain rights shall not be construed to deny or disparage
OTHERS retained by the people”. This emphasis .that the
National government is a government of delegated powers,
and that its field of operation is restricted to the express
or implied powers, duly granted by the Constitution.
The 10th Amendment goes even further: “The powers
not delegated to the United States by the Constitution, or
prohibited by it to the States, are reserved to the States re
spectively or to the people.
»»
SOVEREIGN POWERS.
In interpreting the 10th Amendment in 1911, the Supreme
Court said of unsurrendered powers, reserved powers of the
* W - * — — — —
States: “Among the powers of the State, not surrendered,-
• - ; : : 1 . ii ii ■»
which power therefore remains with the State—is the pow
er to so regluate the relative rights and duties of all within
its jurisdiction as to guard the public morals, the public
safety, and the public health, as well as to promote the
public convenience and the common good.” 219 US 549.
The Supreme Court is granted appellate jurisdiction, both
as to law and fact, etc.
Appellate means that the court will review the case, as
appealed from the lower court, considering the law, espec
ially. It certainly does not mean that a group of men on
the Supreme bench may base decsions on movies and TV
programs, or half-baked sociological disquisitions, or wild
conjurings or hallucinations,
The 13 States, as sovereigns, delegated certain of their
Sovereign prerogatives to a Central, or Federal government,
but RETAINED IN FULL all other powers.
Within two decades the National government in all de
partments has been usurping the rights of the States; and
we have largely contributed to that by running to Washing
ton, with hat in hand, begging for crumbs. We today judge
mr Congressmen by the money they can squeeze out oi
Washington for us, not by the preservation of our liberties.
Why are we building schoolhouses ?
If we have really thought—and our thinking has been based
on realities—we know that the public schools are DOOMED
unless we are ready to accept the decision of the Federal
Courts.
I wholly disagree with the Federal Supreme Court, as is
well known, but I can see clearly that our school plan, our
public school system, is as dead as Hector and only waiting
for the funeral and the burial.
Let's stop quibbling and let’s stop cherishing hopes that
are as unfounded as the wildest hallucinations: the whole
State plan is DEAD. Why, then are webuilding schools for
colored children and schools for white children?. WE ARE
WASTING MONEY. What we must do is to repeal all the
laws and taxes affecting public schools and prepare for pri
vate schools. It is so urgent that any amendment to the
Constitution should be ready, together with all necessary
legislation.
From the Seville Chronicle, Se
ville, Ohio: We were talking to an
old-timer the other day about
schools.. They’re a touchy subject.
This man and his neighbor have
n’t spoken to each other since Guil
ford Township one room buildings
were abolished, and the present
centralized school was built in Se
ville. That was nearly 40 years
ago!
, We mentioned this horrible ex
ample of the serious attitude of
people toward any problem con
nected with the public schools for
just one reason . . Consolidation.
It’s NOT only in the air; it’s in
books, magazines, newspapers;
and the state legislatures. In many
small districts and rural areas it’s
a dire necessity, in other {daces
we suspect its considered “the
thing to do,** like buying a new
car or television set. Certainly in
the face of a rapidly growing
school population we have consis
tently opposed any consolidation
program for Seville.
BUT many places consolidations
are necessary. And in these places
school boards are dissolved and
two or more adjoining districts are
combined. Unfortunately there is a
tendency to do this as a surprise
move, with a certain amount of
stealth, “to avoid trouble.’*
^ TIKES! Secrecy in this sort of
thing avoids trouble in the United
States just like the Stamp Act of
King George. One need only look
about... to see that there is some
thing wrong with the present con
solidation procedure.
we believe that placing all
posed consolidations on the bal
lot is the answer to most of the
problem. This attitude of today
where the average citizen is re
garded by school authorities as an
imbecile not fit to be consulted on
the disposition of his or her chil
dren until money is needed must
be changed.
From the South Pasadena Re
view, South Pasadena, California:
The professional loafer and the fel
low who overworks present two ex
tremes. The loafer does nothing
for himself or anybody else. The
man who knocks himself out hurts
both himself and his family. Some
where between the two lies a hap
py medium of activity.
T&e point is that each individual
should try to get tl^e most out of
life. The lazy man doesn’t, since
constructive activity is an integral
part of happiness and satisfaction.
On the other hand, the fellow who
never lets up for a little pleasure
hardly has a pleasant existence.
Some people endure the misery
of constant want because they
won’t endure a little self discipline
and hard work. Others accumulate
large fortunes through years of
strenuous effort and then fail to
enjoy their abundance because
they haven’t learned to relax.
'/////?
*-y
O NE of the most disturbing ele
ments in the present “mess in
Washington” is the fact that under
the code of ethics which seems to
prevail here there is no aware
ness either of impropriety or
wrong doing.
The impression seems to prevail
that to square accounts, all that is
necessary is to quit doing the
things you are caught at, and that
cleans the slate.
Thus we have Mr. Talbott, Sec
retary for the Air Force, telling
the Senate Committee, if you think
what I have been doing is not good
for the Air Force, I am willing to
resign from my private company,
the Paul B. Mulligan Company;
thus we have even President
Eisenhower, a stickler for the con
ventions seeming to believe that
a cancellation of the Dixon-Yates
contract, should end that unholy
alliance, despite the fact that we
have a picture of the Budget
Bureau, the Atomic Energy Com
mission, the Federal Trade Com
mission, the Security Exchange
Commission, the Federal Power
Commission, all finally confessing
to serving two masters, and all
connected one way or another in
attempting to cover-up a bald at
tempt to bulldoze the taxpayers in
favor of a multi-million windfall
to private industry.
And the cover-up was attempted
by some of the top men in these
federal agencies even after the
President had ordered a full and
complete publication of every
thing that had gone on under such
secretiveness, that we find the
Assistant to the President, Mr.
Adams, admitting he called at
least one independent agency of
government, urging them to hold
.up action, until after the House
had passed on the. Dixon-Yates
appropriation.
We have the picture of a Na
tional Magazine, Fortune, charg
ing that the big government house
keeping agency. General Services
Administration, is rife with “favor
itism, factionalism, sloppiness and
waste”, letting contracts to favor
Republican politicians and doing
business which was “wretchedly
bungled.”
We have had many instances of
deviation in the Department of
Agriculture in dealing with farm
ers. The latest is a published U.S.
Department of Agriculture, Com
modity Credit Corporation, distri
bution of “realized losses” as a
result of the price support pro
gram for fiscal year 1955 through
April 30, 1955.
As carried in the Congressional
Record, ’ that report lists total
program losses at $563,966,000 for
the period. But listen to this—
Listed in these losses are dona
tions to relief services from pri
vate organizations such as CARE,
Church World Service, Catholic
Relief Services, many other church
relief services totalling $107,292,000:
but that’s not all—Listed also as
losses due to' the price support
program, are the donations made
by Congress under special laws
such as school lunch programs, to
needy persona, distress and dis
aster relief, veterans administra
tion and defense department for a
m
total of $138,213,000.
Q—Can yon tell me how many times Congress has declared war?
A—Eleven tiines. With Britain, 1812; With Mexico, 1846; With Spain,
1898; Germany, 1917; Austria, 1917; Japan, Dec. 8, 1941; Germany,
Dec. 11, 1941; Italy, Dec. 11, 1941; Bulgaria, June 5, 1942, Hungary,
June 5, 1942 and Rumania, June 5, 1942. War was never formally
declared with Tripoli in 1802, nor Against the Confederacy in 1861,
nor with any of the many Indian tribes, nor with Korea June 25,
1950.
Q—Can yon tell me what a death tax is?
A—The inheritance tax is regarded as a death tax since it becomes
payable, only upon the death of a person.
Q—Were all the recommendations of the Joint Committee on Organisa
tion onacted late law by passage of the Legislative Reorganisation
Act?
This An* That
If, as many of his
lieve, Archie Moore is the man who
will dethrone Reeky Marciano, U
is not too improbable that an old,
old jinx might be broken and a
gain the championship. Moore ban
easnre of seme good
in his uphill battle for a
at the heavyweight title, bet In
with
A—No. Some of the important recommendations not adopted included
a joint legislative executive council; a Congressional personnel of
fice; a stenographic pool; an administrative assistant for every
member; creation of a formal policy committee. The /Senate ac
quired authority, since passage of the act to employ administrative
assistants.
HHiil dies epen te
Q—Are
The Employment Act declares that: “The Congress here
by declares that it is the continuing policy and responsibility
of the Federal government to use all practicable means
consistent with its needs and obligations and other essential
considerations of national policy, with the assistance and
cooperation of industry, agriculture, labor, and State and
local governments, to coordinate and utilize dll its plans,
functions, and resources for the purpose of creating and
maintaining, in a manner calculated to foster and promote
free competitive enterprise and the general welfare.”
'The government can and should maintain a political at
mosphere conducive to private enterprise, intiative, and
risk-taking. It should carefully preserve the economic in
centives that spur men to their best efforts. For the most
part, this means protecting life and property and leaving
honest business alone.”
Daie
msm
★ AUTHOR OF “HOWTOS
TOP WORRYING AND
P JOEL “C. J.** PARKER, 810 North Main Street, Houston, Texas,
v ^ 1 * became a member of the Breakfast Association, a group of busi
ness men that gets together for breakfast every Wednesday morning
and has Craft talks. There being fifty-five members, each of them has
charge of one meeting a year.
During “C. J.’s” first year he was nervous but he managed to talk
about two minutes, then turned on a projector to
show a film. This, of course, got hhn off his feet.
About a year later he conducted the meeting in
exactly the same manner as the year before,
about two minutes, then fell back on that movie
projector again.
When C. J.’s turn came up for the third tirwa at
the Breakfast Club, he looked forward to the oppor
tunity of taking charge. There was no month of
agony before that morning, as had been his first
two experiences, and his wife could not believe that
his attitude had changed so completely. The meeting
day came; he got to his feet, spoke and had a grand time. Knowing it
must have been a success since .several of the fellows spoke about it
later.
What brought about the change? Ha says it was nothing but the
practice and drilling he got from joining a class in public speaking
A—No. They are property of Congress, and are accessible to any mon-
bar of either house.
Q—What is the difference between a **8111** and an “Act** in Coagreaa?
A—“BUI” is the technical designation of a measure introduced in either
House. After a Bill has hem passed by one House, it becomes an
Act of that House. If it is passed by Both houses, it becomes an
Act of Congress, even if not approved by the President.
BIG KLU . . .
the Naval Academy I* «• ba
samed in 1968 with the
te Atlanta that year
playing in
in 1959. The U. 8.
SUPERSTITIOUS JONES
By James D. Harsh
CROSSWORD PUZZLE
CARNEGIE
where he did night after night what ha was afraid to do.
M t) LACK Cat” Jones, as his team
mates called him, was a
superstitious second baseman. So
n was natural that a particular
Jay. while playing for the Center
ville Redleg, he decided to sit
game out, declaring to the
coach that a horrible thing might
happen to him or the team if he
was made to play on Friday, the
thirteenth.
“You can’t sit the bench this
game.” coach Evans said, “we
need you. You’ve got to get that
crazy superstition out of your
mind It doesn’t matter what day
this is< you’ve got to play.”
“But . but. coach, you’re not
goin^ to make me play, are you?”
Jones asked.
“T am going to make you play,
or you can quit this team.”
It was after the very first pitch
of the game when “Black Cat”
knew his fears were coming true.
There was a neat sizzling ground
er, close to the dirt, and Jones
hobbled it like it was a greased
egg. By the time the top half of
the frame was over Centerville
trailed four to nothing. “Black
Cat” had committed two errors.
“You’ve got to take me out,”
he said to Evans as he sat de
jectedly 'waiting his turn at the
plate.
“Not on your life,” Evans said.
The bottom half of the first inn
ing ended with the second sacker
fanning the breeze for a third
strike. Nothing happened in the
following innings except that the
opposition compiled four more
points. But not one ball came
close to Jones. That was good, he
decided. Real good. He looked
up at the fans; he was letting
them down. He knew for certain
he was letting everybody down.
Three trips to the plate, three
strike outs.
And then it happened. He dare*
not even think of such a grin
situation. It went down in tin
record books something liin»
Centerville Redlegs had managed
to close the gap somewhat
the score in the last inning stood
at five to eight. And whether any
one else was awake of tkii
ominous total, Jones was. H«
knew full well that five and eight
made thirteen and the sweat
broke out across his forehead.
The Redlegs had the bases loaded
and there were two outs. And It
was the superstitious kid’s turn
to swing the timber.
*‘You’ve got to put in a pinch
hitter, coach,” Jones said fervent
ly.
Evans gave him a cold shrug
and “Black Cat” decided against
arguing. He stepped to the plate.
On the first pitch he blasted out
a grand slam homer. The Rnni
score was Centerville nine, visitors
eight.
That night, much to the super
stitious second sacker’s surprise,
coach Evans and the rest of the
team put on a tremendous birth
day party for “Black Cat**. And
it wasn’t until they wheeled out
the cake that Jones remembered
that the next day would be his
birthday. He was too excited over
the way the game turned out to
be able to think of anything else.
He bent low to blow out the
candles, then stepped back a
minute and (he full impact of the
occasion hit him. He’d have to
forget about that superstition
stuff. He was destined to have a
whole year of bad luck otherwise.
And at thirteen a guy can’t afford
to lose a whole year, not when he
was just getting to be a star
player for the little league team
in Centerville.
■■
. _ ACROSS
1 To sing
0 To resound
10 Business
transaction
14 Place of
combat
15 Narrow road
15 Entreaty
17 Those who be
lieve in a
limiting con
dition to a
treaty •
20 Makes lace
edging
Those in power
22 Got up.
23 Bitter vetch
24 Emmet
25 Conserve
27 American
humorist
28 To weary
29 Part of boat
32-Sedate
35 Conceals
36 Falsehood
37 Dry
38 Sly artifices
30 Prohibits
40 Radical
41 Female
horses
42 Primary
43 Goddess (I*.)
44 State
45 Article o<
furniture
46 Crude shelter
47 Church seat
48 Part of circle
51 In front
54 Man’s nick
name
55 Group of
three
86 Pertaining to
contour
80 American
Indian
51 Winged
82 Disbursed
63 Fathers
84 Spreads for
drying
85 Encounters
DOWN
1 Fencing
position
2 Toward the
back
3 Ceases from
work
4.Number
(pi.)
Malay
4