The sun. [volume] (Newberry, S.C.) 1937-1972, February 04, 1960, Image 2

Below is the OCR text representation for this newspapers page. It is also available as plain text as well as XML.

By SPECTATOR I h*vtf read with great intercut a recent book by Major W> D* Workman, Jr., entitled “The Caee for the South.” Thte book ia an outgrowth of the confusion caused by the decision of the Supreme Court of the United States in the school case arising from Clarendon County. This study by Major Workman is based on all the histori cal foundations cherished by the South and brings to us in convenient form a complete presentation that would prove enlightening to any one who has not been fully informed of the historical basis for what is known as States Rights. A fact of profound significance lies at the very root of the problem which Is really American and National, rath er than Southern and provincial: it is this: thirteen colonies of the British Crown fought a long war for independence and were recognised as States, We Americans have become accustomed to the idea that a State Is Just a glorified province and that the Nation, the Federal Government, is the pre-eminent and supreme auth ority, A state, however, is a political, governmental unit, Sov ereign, independent, self-governing, supreme. Great Hri- tain Is, in that sense, a Statej so is France; so Is Russia, Ganada, though self-governing, has not the full dignity of a State, The men who guided this group of thirteen States in the formative period were legal scholars; they had precise know ledge of International law and the implications of legal phraseology; they understood the full meaning of the term “State, 11 Here we come to much of the divergent thinking: the Nation was founded by the thirteen States; the Congress, the Presidency, the Supreme Court were created by the thirteen States acting cooperatively for certain Interests common to the thirteen. The thirteen States, acting in cooperation, adopted a Constitution which was a statement of the powers of the General Government which the States had created. Those thirteen States conferred on the General Government certain • delegated powers, reserving all others to themselves. And so jealous were those thirteen States of their own Sover eignty that they made their bestowal of power and their reservation of their sovereign powers very clear and defi nite and definitive, by adopting amendments immediately to assure a dear understanding of their retained powers, So, the thirteen States conferred certain powers on the General Government; the General Government did not con fer any powers on the States. So today in 1860 we find one group contending for the retained powers of the States, They ,\re the States Right- era, But this Union of States has since grown to be fifty, with Alaska, Thirty seven of these States had no part in the formation of the Union; they had no part in establish ing the Congress or the Supreme Court. They were admit ted to the Union by Act of Congress; they owe their exist ence or status as States to the Authority of Congress, To the thirty seven States they are the creatures created by the National Government. Therefore we find one group relying on the original grants from the original States and another group having had no part in the establishment of the Nation and its government of ailegated powers has no memories of early patriotic seal and seems unimpressed by the contentions of the descendents of the Founding Fathers and the students of history who insist that our Federal Government rests on the Constitution on which the National Government rests. s The student of history has always regarded the vast area of our Nation as one peculiarly impelling us to local auth ority, State autonomy, national limitations, as conceived by those illustrious men who drafted the Constitution and the first Ten Amendments. Major Workman has set forth all the pertinent data for the benefit of any who may seek to know all the relevant historical bases of those who call themselves States Right- ers. Major Workman has produced a work resulting from un wearied and assiduous investigation, with illuminating in terpretations, the interpretations resting on decisions of the Supreme Court itself. Every Southern man should refresh his memory by read ing this excellent array of fundamental facts; and our fel low Americans of all the States will find this a valuable eontribution to their knowledge of the!history of our coun try. I am not discussing psychological and sociological as pects. Well, now, let your mind play on this: the National bud get, even as is today, will cost this Nation eighty one billion dollars in the next fiscal year; and likely eighty three or four billion. But the food bill of our Nation is less than the amount of the taxes—73 billion for food as compared with about 79 billion for the Federal Government. Allowing for $76 billion for food we shall still pay at least $5 billion more to the Federal Government! Now when you add the support of States, Counties, and IIP Sfli a* THE NEWBERRY SUN, NEWBERRY, SOUTH CAROLINA r. ■ . ntj municipalities our tax bill must ing, more or leas. Stupendous, eh? our food and cloth- ji, Now and then I like to fall into Spanish, The Spaniard uses some words that appeal strongly to me. For example our * word “Colossal” doesn't have the ring of the Spanish when a Spaniard says with vim and vigor, “Col'osal”! An other word which frequently conveys t a meaning to me when I wish to explode is “espantoaa”! (wonderful, marvellous), We luck the vigor of the Latin in his colorful speech. H4- enn use his hands and his eyes and make his entire being add to the fluency of his words, a masterful exponent of what used to be called “bodily expression”, by the elocution ists of undent vintage. N I quote a short editorial from The Wail Street Journal. The Journal, you know, is a sort of Business Man's Bible, but at times it carries an editorial that breathes a broader spirit than mere business. This now! “When Elisabeth the Great of England finally sent Mary of Scotland to the block she withdrew from her court to seclusion and grief. And whatever Mary's failings, shs be came a folk heroine for England and also, in tims, for Am erica. Elisabeth and her subjects were heirs to tangled futds that a century earlier had torn apart the nation, setting, friend against friend and drenching the land in blood. But through them the people had learned that the disgrace of the feud was general and to be equally borne, while the in dividual glory of the person who fought with conviction and duty was to be equally shared, Hence the tradition that elevated Mary of Scotland to the pantheon of heroes whtrt- ever English is spoktn. In America the British spy Andrt, hung by ths embattled colonials, is remembered as a brave man, A Von Richtho fen has a place near an Eddie Riokenbacker and the men who fought with Patton can remember Rommel with res pect and sometimes mors, Lss#and Lincoln are national heroes, in the North, in the South and in the new states that knew neither. So now the old soldier is dtad and whsrsvsr thsrs is an American flag it flew at half mast. No one really cares whether he was a forager for a Confederate division in fact or only in his o)d man's fancy, Ths flags art where they are because we arc what we are. 1 ' Would you expect that? It refers to the old Confederate soK er who died recently, T> ' Editor is right; we are not lacking in appreciation of Gene, ,! Grant's magnanimity, nor need we apologise for a kindly word for Abraham Lincoln, Mr. Lincoln had some great qualities and his death was a blow to ths South. Many stories help us to understand the humor which en abled Mr, Lincoln to illumine a problem or refresh his spirit I have enjoyed this: Someone asked: “Mr. President, how many men art in the Confederate Army?” Mr. Lincoln, with affected serious ness said: “About two million, I suppose.” Two million 1 Why do you say that? “Because we have two hundred thousand and every time we are defeated I'm told that the Confederate had ten to one.” Another story about Mr. Lincoln proves the bigness of the man, really a noble self-effacement. Someone, must have been sort of officious troublemaker said, with energy.” “Secretary Stanton says you are the biggest fool he ever saw,” Mr. Lincoln's Cabinet somewhat disparaged him and fancied that they would save the Union in spite of that gawky numbskull, Mr. Lincoln pulled his little goatee and asked “Did Stan ton say that?” “Yes, hs did”, said the meddler who hoped Mr. Lincoln ^would explode and dismiss Secretary Stanton, “Well,” said Mr. Lincoln, “it must bt so; Stanton is usually right.” Of course “Marse Robert” lives tnshrined in ths hearts of our people; a noble figure, a great general, yet even great er in the grandeur of his spirit. In my msihory I sse now his offios, just as he lift it to go home, And the recumbeht figure in the chapel still evokes reverence from all who en ter. ■, . " . ' TV . / ^ SO THSN exva TO NIKI/WMfNt* 'AS. Hfcfjft'AHBKwfc ! ■■m&m iM AJOKtl At a tintlt mtftl. * Hetfths tfuckbiU plttypua can Savour BOG tarthworma, a handful of gruba and t doaan araySah, m a night'a leading, a platypus may aat hall Ita walght. Tha Columbia River el Wash ington State la second largest la tha nation, aceottd only to tha Mississippi. Thera are longer rivers besides Old but they leak the water volume of the Columbia. SPlk | so " ' Auditor’s 1960 Tax Assessment Notice • V ' • i '.'ji' ■,rafSn' . • '■j >. - Return* of powon.l proparty, m) proparty, now build* ing* and mi HUta tnnifan, and poll tax art to bt made at tha County Auditor'* offie* beginning; JANUARY 2ND, 1M0 THROUGH FEBRUARY MTH, 1M0 All *bl**bod(«d mal* oitiiwn b*tw**n th« ago of tw«n* ty-ono and aixty art liabl* to 11.00 poll tax, AU return* are to b* made by Tax District*, Your fail ure to make return oallt for a penalty aa prescribed by law. RALPH B. BLACK. Auditor N*wbarry County, S. Q. fe' 1 V5“ ■bk m ' '■-A t vmi m >■ < tip •'AT, MS •v i l am vary grateful for tha many kind expression* of sym pathy which have been extended to me since the death of my wife. They have meant ao much to me and Jean’s family. Federe' i’jRig JteyMme UnMMtUMtiQMl Although the Second Session of the Bflth Congress has barely be gun, the drive for so-ealled elvil right* legislation has already been launehed. In the House of Representa tives, a peti tion is being oirouiated, without too muoh success thus far, to dis charge the Rules Committee from further consideration of a four- point bill. In the Senate, efforts of ’’civil rights advocates” center princi pally around the recommendation of Hie Civil Rights Commission for appointment of Federal voting registrars, Sinee this proposal concerns voting only, it was re ferred to the Senate Rules Com mittee, on which there is only one Southerner, rather than to the Judiciary Committee, where Southern Senators are more numerous and from which no such "civil rights” bill has been reported favorably since Recon struction. Seldom, if ever, have legislative propoeala been considered which flaunted bo many constitutional provisions as do the five voting registrar bills. The passage of any one of them by the Congress would constitute the moat out right defiance of the Constitution since passage of the Reconstruc tion Acta. At a recent press con ference, President Eisenhower, who is not even a lawyer, ex pressed grave doubt as to the constitutionality of these pro posals. These registrar bills provide that when nine or more petitions are received by the President, stating that the petitioners have been deprived of the right to vote or register because of their race, color, creed or national origin, the President shall refer the petitions to the Civil Rights Commission for investigation. If the Commis sion, after investigation, certifies that the petitions are true, the > President is required to appoint from Federal employees living in or near the election district, a Federal vet itrar to ►ting regiat •ume registration datiea from duly conetltuted State authorities. In the ftrat place, tha qualifica tion and rcgiitretion of voters ia a matter within tha Jurisdiction of tho States, being on* of the S »wer« reserved to the States in e Tenth Amendment to tho Constitution. Tho registration of voters, which ist nooessoriiy in clude passing on qualifications, goes far beyond the authority of Congress to legislate oa to “tho time, place and manner” of hold- ^ m*'*. wwses a si a - :**§{ s •. m •’».« - i. wm SjPS5|r5L , „ ,. . —i. Now You Can OniK FOR ONLY IN BEAUTIFl Hi L m MM m • .,* 1 . - sc • ml Buaa Ml , = M 1 • * V i}' ing elections. Si >' ,.r Itcondly, tho Federal registrar proposals are in violation of tho procedural duo process guarantees of the Fifth Amendment to tho Constitution in those particulars i there U no provision for notice to State officials, of the intent to de prive them of their functions) there is no provision for hear ing! at which the defense of tho State officials could be made) and no rules of procedure by which the Civil Rights Commission is to proceed are prescribed. In the third place, Article III, Section 1 of the Constitution spe cifies that the judicial power of the United States shall be vested in the Judicial Branch of the Na tional Government The Federal registrar bills would vest au thority for judicial decisions as to whether State officials had de prived a citisen of his . right to vote unlawfully ip the Civil Rights Commission; an agency of the Executive Branch. Fourthly, Article II, Section I of the Constitution provides “The executive Power shall be vested in a President of the United States.” In violation of this provision, ths Federal registrar bills would vest executive power in an agency of the Executive Branch, for when the Civil Rights Commission cer tified that nine eitisens had been denied the right to register to vote because of race, color, creed or national origin, the President would be required to act. He would have no discretion. In effect, the Civil Rights Commis sion, an Executive agency, would have executive authority superior to the President. These are but examples of the many unconstitutional aspects of these proposals. I am encouraged by the very vulnerability of the proposals to believe that they can be defeated, although the struggle will unquestionably be bitter. Sincerely, • M :M !? i lf, mm mm Brick veneered (one paneled) - ■ Hardwood floors — Three bedrooms or two bedrooms and Living-dining room combination!-- AlVrVt — aHbehen^ii^Beramic tile bath — Ducted gas heat — Gas hot water heater — Screened porch — Ample closet space — Graded lot 80 feet wide and from 118 feet to 164 feet deep — Paved streets — City lights, sewage and water. iff tie All For Only $1 % <-r iOrjOfeN : \ K. Local Financing Arranged With Convenient Monthly Terms l Houses Located On Clarkson Avenue In Coateswood Place .Sr j •■■* *J*- '■ ’{■mm WE INVITE YOUR INSPECTION OF THESE HOMES! ' ' For Complete Details Contact Citizens Home Ii „Vv- • : i 1 College Street ^ Or After 5 P. M. Contact G. Wayne Martin, Residence Phone px- i ;.Af* * % ZMJi