The sun. [volume] (Newberry, S.C.) 1937-1972, January 10, 1957, Image 2
PAGE TWO
THE NEWBERRY SUN
Utt
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1218 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
Government by injunction should not be tolerated in
America except in a few instances. The Tennessee Judge
who is trying to throw an injunction around a vast area
is clearly in error. Incidentally someone has inquired
whether it is a requisite that a Judge should be a lawyer.
So far as I know President Eisenhower could appoint to the
bench, even to the Supreme bench, a man of no knowledge
of law—and he may have done so, following in the footsteps
of Presidents Roosevelt and Truman.
•
' The Supreme Court of today does not command the re
spect of lawyers or clients, or people, generally. As the
Texas Federal Judge said recently, the Supreme Court did
not base its anti-segregation edict on law; it cited a lot of
crackpot and addle-pated conclusions of a few muddle-head
ed theorists as the authority for its decision, and disre
garded all the law of the land, as established more than
fifty years.
It is becoming desirable that we formulate rules for the
guidance and governance of the Federal Supreme Court.
The Supreme Court was created by the Constitution which
provides:
“Judicial power—tenure—compensation. The judicial
power of the United States, shall be vested in one Supreme
Court, and in such inferior courts as the Congress may from
time to time ordain and establish. The Judges, both of the
Supreme and inferior courts, shall hold their offices during
good behavior, and shall, at stated times, receive for their
services, a compensationf which shall not be diminished
during their continuance in office.
2. (1) Judicial power—to what cases it extends. The judi
cial power shall extend to all cases in law and equity, aris
ing under this Constitution, the laws of the United States,
and treaties made, or which shall be made, under their
authority: to all cases affecting Ambassadors, other public
Ministers and Consuls; to all cases of Admiralty and Mari
time Jurisdiction; to controversies to which the United
States shall be a party; 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 the citizens thereof, and
foreign States, citizens or subjects.
(2) Original jurisdiction of Supreme Court—appellate. In
all cases affecting Ambassadors, other public Ministers and
Consuls, and those in which a State shall be a party, the
Supreme Court shall have original jurisdiction. In all the
other cases before mentioned, the Supreme Court shall have
appellate jurisdiction, both as to law and fact, with such
exceptions, and under such regulations as the Congress
shall make.
(3) Trial by jury, except, etc.—trial, where. The trial
of all crimes, except in cases of impeachment, shall be by
jury; and such trial shall be held in the State whjere the
said crimes shall have been committed; but when not com
mitted within any State, the trial shall be at such place or
plapes as the Congress may by law have directed.’
Observe that the Constitution has not been amended
with regard to the sections I have cited and quoted.
Nothing is said about the qualifications necessary to pre
pare a man to sit on the bench* Of course it was assumed
by the eminent lawyers who prepared the Constitution
that only lawyers would be appointed; and, beyond a doubt,
they were confident that only lawyers in fact, men who had
won their spurs, as lawyers who practiced law in the full
glare of sterm trial judges, and knew law by actual court
experiences, that only such men would be called to the
bench. I think some Federal courts (outside of South Caro
lina, of course) have men on the bench who are eligible, but
not qualified. As Senator Tillman is reputed to have said
to a candidate who remarked that he was qualified for an
office, “You are eligible, according to the rules but only
God can qualify you/
ARE YOU A 'WACKY WALKER"
TME S’ORT WttO CROVSBS A BUSY
CTREET BETJ/ES* INTEKS'ECTfcOVS
SPECIALLY WrtfeN YOOfc
ARE vuu. op ■Bundles,a*/d rr
IS A RAINY,SLIPPED DW ■
GBgi
*2*
Injunctions are only for such emergencies of immediate
nature as affect individual rights—to prevent irreparable
harm while a matter is before the courts, or to be brought
to the courts at once.
r ■ ‘ "
We Americans are letting the Federal Government run
over us; it is not peculiarly a southern matter; it is of the
gravest importance that we rebuke the arrogance of the
courts and that we put the courts back to the line where
they belong.
The saddest part of our present difficulty is the absence
of men of such stature who could compel attention by their
knowledge of law; their zeal and resourcefulness in leader
ship; and their unsewerving devotion to Constitutional
government and the maintenance of individual liberty.
“Since the fleeting spirit of Geneva died, the wistful idea
of cutting back military manpower has faded away. Rou
tine expenses, such as pay and living allowances for 2,800,-
000 men and allotments to their dependents, climb remorse
lessly. More important, price tags constantly increase on
the new and improved weapons necessary for survival in a
Buck Rogers age. Each supersonic B-58 will cost far more
than the obsolescent B-47, each nuclear submarine twice
as much as its oil-propelled predecessor. Even more stag
gering is the financial burden of hatching such war birds
of tomorrow as guided missiles. Whatever the success of
Secretary Wilson’s efforts to end costly inter-service rival
ries, the annual Air Force outlay for. its Atlas, Thor and
other pilotless craft already tops a billion dollars, and is
heading ever higher. Next fiscal year the winged service
will need, for this and other projects, some $3 billion more
than its current allotment. Since the Army and Navy have
not abandoned their struggle for a bigger share in defense,
aggretate Pentagon spending in fiscal 1958 may rise by
some 12 per cent, to more than $40 billion. Foreign mili
tary aid and the Atomic Energy Commission’s defense dis
bursements will add another $5 billion.
Clearly, the only possible offset is a tightened grip on the
civilian purse strings. America’s resources in money, ma-
terals and manpower, after all, are not unlimited. Even
today a prosperous U. S. is facing bottlenecks—in dollars,
in cement, steel, nickel, and in labor. Next year, barring in
flation, the Gross National Product may be expected at
best to increase by 3 per cent, or $13 billion. The projected
rise in military costs would eat up one-third of that in
crease, and the normal growth of consumption the rest.
Without new taxes on the consumer, then, there is no lee
way at all for non-essential civilian spending.
UndismayeJ by such
things in the same old
brought no momentous
the Administration perri
atop those it presented t
call for resolute effor
In a dangrous age, the
and, if possible, augm .
logic, Washington continues doing
way, as though recent weeks had
changes. In seeming complacency,
:cs in piling new domestic measures
Congress last year. Yet the times
- > prune every deferrable expense,
r ation’s first duty is to preserve
t its strength. Surely the watch-
IS V0UR
BLERl
OH TOJICIF OTHERS M IOLVMC THEWS.
and JANE STRICKLAND'
The Congress should lay down strict rules for the Court.
You took not that the Supreme Court has. appellate juris
diction except in cases affecting Ambassadors etc. Appellate
means to hear the case on appeal and to sustain or reverse
the decision of the inferior court according to the law of
the land. Under the Supreme law creating the Supreme
Court that court has no authority for exploring social theo
ries; or indulging in fishing expeditions throughout the
intellectual vegaries of the world. It is supposed to ad
here strictly to the recognized law of the land.
%
As to injunctions: the courts claim certain powers as in
herent; but there are no such powers when the Constitu
tion prescribes the course of action.
“The trial of all crimes . . . shall be by jury; and such
trial shall be held in the State where the said crimes have
been committed . ..”
L awrence peter so* was
f called to the Boss’s oHce in a
large oil company one d-iy and
told that he was fired f >m the
job he had worked so har- 1 to pro
cure and afterward to h d. One
of the executives wanted his son
in that position, and L wrence
was to be sent to a subsidiary
company in the West where there
was, however, little chance for
advancement.
He was $o heartbroken that he
couldn’t even talk about his demo
tion. He left the office with his
head down. The hardest thing of
all was to tell his wife. She had
made a place for herself and their
children in the town where they
lived, and they all were very hap
py there. He didn’t have the cour
age to tell his wife that night, nor
the next. But on the third night,
he telephoned his wife that he
would be late and walked for an
hour around the town, trying to
talk with the friends he met as if
there were no news whatever
about his affairs. An hour later he
went home. His wife greeted him
with a smile and the news that
it was a bang-up dinner for to
night.
He smiled to show that he was
pleased, went out and worked in
the garden until he was called to
dinner. As he had worked, he had
thought: it had to be faced so he
would get it over 'with as soon as
possible.
After dinner he helped his wife
with the dishes. Then, the chil
dren having gone to bed, he broke
the news of the disaster.
How did hia wife receive the
heart-breaking news?
“I’ve just been worrying about
the high school here,” she told
him, “and 'since we are going to
be near a big city in our new
home, I won’t have to be con
cerned about that, anymore. The
children will be able to get a
much better education there than
here.”
“But your friends?” he replied.
“You’ve made so many here.”
“People are the same every
where; we will have friends there,
too.”
And he had spent a miserable
48 hours worrying over something
that did not happen.
i n c t o n
When was the corner-stone of the Capitol Building laid and when
was the building completed?
The cornerstone was laid on Sept. 18, 1793 for the first building, or
central section. A southern section, now occupied by Statutory
Hall was completed in 1807. The North wing was finished in 1800
and the south wing in 1811, with a wooden passageway connecting
the two buildings. The interior of both buildings were bum ad by
the British on August 24, 1814. Work of reconstruction was begun
immediately and restoration was completed in 1829. During the
work of restoration Congress met in Blodgett's hotel at 7th and
Easts for its first session after the fire, and in a new building
erected for the purpose on the site of the present Supreme Court
Building, and remained there until 1819. The buildings of the Pres
ent House and Senate wings were started kx 1851. The House
chamber was occupied in 1857 and the Senate in 1859. Then the
construction of a new dome was started, the old dome having been
wooden, covered with copper. The dome was completed in 1865,
and is of cast iron. So from the cornerstone-laying until the build
ing was finally completed took 72 years.
The building has a floor area of 14 acres. It has been remodeled
and modernized from time to time since its completion, the first
major alterations in 90 years, however were in the Senate and
House chambers during the period 1949 to 1951. In 1956 legislation
was passed for extension, reconstruction and replacement of the
east central portion of die original building. An initial appropria
tion of $5,000,000 was made available for the project and prelimi
nary studies are now in progress.
0—I have a Korean GI term insurance policy. Will I get a yearly
dividend, the same as my brother who is a World War II veteran?
A—No. Your Korean GI insurance is nonparticipating. It does not
pay dividends. However premiums on this type of insurance gen
erally are lower than world War n GI premiums.
cross A
ideas from other editors
From the Union Times, Junction
City, Arkansas: Last week in the
news columns of The Times, we
reported a local rumpus in a
Junction City home caused by the
husband’s failure to remove his
shoes before removing his pants.
His wife objected to this proced
ure, on the grounds that it created
an unnecessary cleaning or laund
ering problem. This started the
row.
We sympathize with the wife
realizing full well the difficulties
of laundering, even with modem
appliances, when added to normal
home cleaning, cooking, sewing
and other activities.
However, there is a matter of
principle involved which is im
portant not only in Junction City
but throughout the United States,
or perhaps in all nations of the
world in these troubled times. It
is the principle of individual liber
ty. In defense of which our fore
fathers battled the wilderness,
wild animals, Indians, cold, hung
er and privation as they fought
their way to Arkansas and Louisi
ana to clear land and carve out
homesteads in this wonderful land.
Today there is precious little in-
dividaul liberty left to a man. The
various governments, state, federal
and local, have gradually taken
control of his business, his labor,
his income and other phases of his
life, so that today the only two
areas remaining fairly free are
home and Church. And we feel
that every man should draw the
battle line here, prepared to fight
to the bitter end for his last re
maining shred of individual free
dom.
It matters not v/hether it is con
trol of his manner of removing
pants, or some other seemingly
trival matter, the important point
is that at some stage of enslave
ment a man must turn and fight
back. Cowards may disagree, but
wher$ a spark of courage remains
men know it is better to die on
their feet than to live on their
knees.
So, men, let us draw the battle
line here and now. And let the
chips fall where they may!
• • • • •
From the Chtchawha Star, Chi-
ckulut, Oklahoma: Publishing a
great home-owned newspaper like
the Chickasha Star is no picnic.
If we print jokes, people say we’re
silly. If we don’t they say we’re
to serious. If we stick to the office
all day, we ought to be out hunt
ing stories and revenue. It we go
out and try to hustle, there are
those who say we’re never in
when they try to reach us. If we
don’t accept contributions, we
don’t appreciate genius. If we
print them the paper’s full of
junk.
CROSSWORD PUZZLE
ACROSS
1 Young horse
5 Ocean shore
line
10 Angers
14 Tune
15 Command
16 Kind of tide
17 To lease
18 Din
19 Container
for flowers
20 Folds
22 Pottered
fruitlessly
24 Regretted
26 Summer
drinks
27 Fabulous
bird
30 Kind of
cheese
32 Bird dog
36 Entire
37 Levels
39 Depart . •
40 Blood vessel
42 Public store
house
44 Colorless
45 Overhanging
roof edges
47 Mine escava-
tion
49 Kind of fish
50 Moves tir-
tively
52 Period of
time (pi.)
53 Seine
54 Indian tent
(var.)
56 Melody
58 Avoiding
62 Dormice
66 Wan
67 Lift
69 Unruly
outbreak
70 God of war
71 Bar of cast
metal
72 Italian
com mime
73 Headland
74 Tries out
75 Profound
DOWN
1 Fish
2 Russian city
3 Cord
4 Mongol
5 Husband
6 Gold in South
American
countries
7 Mine entrance
8 Genus of
clearwing
moths
9 Inclinations
10 Laid out
money to se
cure an income
11 Raise
12 Alleviate
13 Went fast
21 Tunnel for
underground
railroad
PUZZLE Ne. 488
23
Part of ship
25 Follows eat
ing regimen
27 Rants
28 City in New
York
29 British gen
eral and
statesman
31 Growing out
33 European
siskin
34 Elude
35 Wager again
38 Frolic
41 Tidiness
43 Shoulder
ornaments
46 Epidermis
48 Anglo-Saxon
slave
51 Ardor
55 Fatuous
57 Made mistake
53 Reach
across
59 Rabbit
60 Trees yield-
61
ing caucho
SWi
ps boat
(pL)
63 River of
France
64 To carry
65 Walk
68 Dunkard
Answer to Pnssle Ne. 487
rr
nnno
CK1DG
word today should be: “Millions for defense, but not one
cent for tribute’—either to pressure groups or to political
shibboleths.”
THURSDAY, J,
10
—
C ommercial com, producers
in their nation-wide referenda
last Dec. 11 decided one basic is
sue . . . they would prefer to leave
the corn price support policy in
the hands of Congress than to give
Agriculture Secretary Ezra Taft
Benson full power to fix com
prices.
Although a majority of these
com growers favored the Benson
plan, the two-third vote necessary
to put it over failed to material
ize. Thus com remains a “basic
commodity” and it now remains
to be seen what Congress will do
in the matter of increasing allot
ments over the base "acreage as
set out in the Benson plan. Ac
cording to farm leaders in Wash
ington, promises have been made
by members of the Senate Agri
cultural Committee to boost these
allotments and to fix a price
around $1.36 per bushel for the
1957 crop.
• * »
The Federal Reserve Board haa
reported that debts of farmers has
jumped about 6% from mid-1955
to June 30, 1956, to ; a whopping
$18% billion. This is* more than
double the total farm debt in 1947
when the last survey was made,
and is in spite of the fact there
are 20 per cent less farmers today
than in 1947. The board fixed or
estimated total farm assets at
$176 billion, and said that aver
age interest rfttes paid were 6.4%
on loans not secured by real estate
and 5.4% on real estate-secured
mortgages.
Who wins on the increase in
%
interest rates on home mort
gages? The Administration or
dered a boost of %% in FHA
mortgage rates bringing it up to
5% in arr effort to
or in other words to
home building. Buildei
interest rate is need*
more building since bs
loan money for the
But moffe building woi
inflation. But if monej
at the 5% rate it wc
boost of about $1,000
$10,000 30 year FHA'
also is inflation. But ^
boost bring more me
FHA home mortgage
the answer is that
ance and other 1c
tions can get
rates higher thi
economists say
rates simply
more com;
amount of loi
would boost
and add to the
The banks
Associations
thorized to
on savings,
will also seel
on loans and
There is a
wpy to boost the
loan rate on GI
Congress and the
ers Association
gress to let
est rates be
rigid controls to
economic levc
Life Assure
the Bigs on
gage financing,
rate will not attri
for home
long run, only the
the home-
ers lose, and
flationary spiral
—
HUNGARIANS STRIKE . . . Budapest
closed street car station in protest
leaders by Soviet puppet premier Janos
—
a
Vice
of-staff Gen. Nathan Twining
Aircraft Co. with twin Col 1<Aa
MW;
• m
—
u
This cm' That
Chuck Moser, coach of the de
fending Texas schoolboy football
champion Abilene, who refused to
be considered for the post of head
coach at the University of Mia-
ouri, has a consecutive victory
streak of 36 games with the Texas
high school team . . . National
Champion Shirley June Fry holds
the No. 1 ranking in the American
women’s tennis for 1956* with Al
thea Gibson ranked second. The
two players dominated American
and International women’s tennis
to the extent that there was little
stiff competition for them—but it ,
was Miss Fry, from Akrin, Ohio
who won the big ones ... Heavy
weight Champion Floyd Patterson
hopes to make an exhibition tour
of Europe in February. Patter
son’s manager, Gus D’
said he also Is interested in
ing propositions from Latin
lean entrepreneurs . .. One of the
side trips for the Reee Bend teams
of Iowa and Oregon Stele wee’a
GRID ACE
by the Batttanere Orioles.