Historical Newspapers of South Carolina

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■jem 'i..* PAGE TWO THE NEWBERRY SUN, NEWBERRY, SOUTH CAROLINA nn 1218 CoIWf* Street NEWBERRY. S. C. PUBLISHED EVERY THURSDAY O. F. Armfield, Jr., Owner Second-Class postage paid at Newberry, South Carolina. SUBSCRIPTION RATES: 82.00 per year, vance; six months, |1.25. $ COMMENTS ON MEN AND THINGS It is worth remembering that cherish the battles in the Brit- Parliament in the times of the Stuarts. And we recall vividly the stoat defiance of the King by John Hampden and the illustrious <caieer of Oliver Cromwell along with the beheading of King Charles the First. Even the casual reader of his tory recalls Oliver Cromwell and the beheadings of King Charles. Sometime later we hear the stentorian voice of Patrick Henry before a jury m the celebrated Parson’s cause. Virginia had or dered the payment of the Minis ter’s salary in a depreciated cur rency and the Minister appealed to the King, George the Third. Let me quote an historian: "Henry was in the wrong, or rather the Virginia assembly had done wroijg, for it partially re pudiated an honest debt by forc- ing payment in a depreciated cur- rency. But that was not the chief question dealt with by Henry. The question was, What right has a king three thousand os away to interfere in the private, inter nal affairs of Virginia? Virginia the right to make her own was the burden of his in annulling a law at the request of a class, ‘a king, from being a father to his people, de generates into a tyrant, and for- ^eits all right to obedience.’ The friends of his Majesty cried ‘trerv son/ but the people were ripe for andb a prophet and heard him £ladly> so with the jury, for they the parson only a penny, fame of the orator spread far wide. The people admired the rising genius, and, as in the case «£ Otis, their admiration was in separably linked with what he had said about their rights and the infringement of those rights by the king; and thus were sown in the American heart the seeds of discontent.” Patrick Henry, all will recall, denounced the Stamp Act of Par liament, a rather mild tax, but men were men in those days. And the words of Patrick Henry rang throughout the thirteen colonies. “The promoters of this law in Parliament doubtless expected some protest from America, but they were not prepared for the violence of the opposition that was awakened. A few weeks after the news of the act reached the colonies the storm broke forth in all its fury. The Virginia legis lature was then in session, and Patrick Henry, who was now a member, offered a series of resol utions in which he declared that the people of the colony were en titled to all the privileges of natural born subjects of England; that they, through their assem bly, had the exclusive right to tax the colony; that they were not bound to yield obedience to any law, except of their own making, designed to impose any taxation whatsoever upon them; and that any person or persons who as sert or maintain such right ‘shall be deemed an enemy to his Maj esty’s colony.’ In supporting his resolutions Henry made one of his greatest speeches, in which the well-known passage occurs, ‘Caesar had his Brutus, Charles I his Cromwell, and George III’— ‘Treason’, shouted the speaker, and the cry was echoed from the chamber. ‘George III,’ continued Henry firmly, ‘may profit by SENATOR STROM RMOND m New Year, New Opportunities THERE ARE many matters that cry out for legislative action in the new Congress. Any real istic appraisal of. the political climate will reveal the improba bility of action on some of the most badly needed legislation, but there remains a wide area in which diligence and persistence might be rewarded with success. THE FOREFRONT of the Con- concern must necessarily be with the world- wide struggle against com munism in which we are now eitgaged. Our hopes for victory depend first on our military strength. The Cuban and Laotian crises illus trate the fact that “limited” wars are more probable than an all-out nuclear exchange. It is imperative, therefore, that Congress provide legislation to insure adequate de fense forces to deal with such sit uations, including more ground ibices, modernization of Army equipment and creation of suffi- dent air-lift capability to insure tiie complete mobility of such forces. At the same time, Con gress should provide whatever funds and direct such reorganiza tion of the Department of De fense as is necessary to insure maximum speed and results in our missile and space programs. THE MATTES of internal se- carity is a part and parcel of our overall struggle with communism. tot the spring of 1959, the Su- Court struck down the ex industrial security pro- The President subsequently instituted s new and similar one by Executive Order, but there is grave danger that the new one will also fall when it is considered by the court. A comprehensive program should be enacted by Congress, and I will shortly re introduce a bill to accomplish that MILITARY STRENGTH is de pendent on economic and indus trial strength, and the economic health and vigor of the country is as an imperative a problem as is our military posture. Besides the obvious necessity for avoid ing deficit spending, the Congress should take affirmative action to correct the outflow of gold and the inefficiencies in the govern ment’s fiscal procedures. Steps taken to stem the loss of gold reserves such as the restriction on dependents of servicemen over seas are insignificant and ignore the source of the difficulty. If all government dependents were brought home from overseas, the saving would be less than the de ficit incurred by the imbalance of spending of American tourists abroad over spending of foreign tourists here. Last week I joined in sponsoring a bill to promote foreign travel to the U. S. which should trim the gap in this area by $500 million annually. Fur ther correction of this problem depends on re-evaluation of our foreign aid and trade programs. EFFICIENCY in our fiscal pro cedures demands the enactment of legislation to authorize an “item” Veto by the President, a single appropriations procedure, and an end to “back door spending” pro cedures in the Congress, for each of which I wili diligently seek passage during this Congress. THE OPERATION of the Ju dicial branch of the government requires many corrective meas ures. We have already re-intro duced S. 3, the “anti-pre-emption” bill, which would prevent the court from nullifying State laws unless Congress so intended. Shortly I will introduce a bill to require a minimum of judicial experience for appointment to the Supreme Court, one to insure that the Senate exercises its f “advice” power on court appointments, and another to require judicial ap pointees to take an oath to sup port and defend the Constitution. THESE ARE a few of the many specific actions which Con gress should take this session and which I intend to support with all my vigor. Sincerely, (Not printed at government expense) ^ their example. If that be treas on, make the most of it.’ The old conservative members oppos ed the resolutions, but Henry’s impetuous eloquence carried them through by a narrow margin. These ringing resolutions were sent over the land to the North and to the South, and by mid summer they had been publish ed in all the leading newspapers in America.” So I wonder. In 1787, the thirteen victorious colonies, having won thei# sever-*" al independence and now being thirteen Sovereign States, decid ed that their agreement for co- operation was somewhat weak, adopted a new agreement of co operation known as the Constitu tion. The Sovereign States almost at once adopted twelve amendments to clarify the jurisdiction of the General Government and to make sure of the restrictions thereto. So we have the 9th ari<I 10th A- mendment. In the plan of government a Su preme Court was included, with limited powers, as we find in Article 3. “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 judicial po wer shall extend to all cases in law and equity arising under this Constitution, the laws of the Un ited States, and treaties made, or which shall be made, under their authority: to all cases af fecting ambassadors, other pub lic ministers and Consuls; to all cases of Admiralty and Mari time Jurisdiction, etc. . . In all cases affecting Ambassa dors, other public Ministers and Consuls, and those in which a State shall be a party, the Su preme Court shall have original jurisdiction. In all other cases be fore mentioned the Supreme Court shall have appellate juris diction, both as to law and fact, with such exceptions, and under such regulations, as the Con gress shall make.” Nothing in the Constitution or Amendments clothes the Supreme Court with power to invalidate an Act of Congress or a State Law. That power was assumed as a sort of implied power, but the makers of the Constitution had no such idea; they were pro foundly versed in the English law and practice and knew that no British Court dare invalidate an Act of Parliament. And that is true today. Quite likely the original inten tion was that the States,-in'Con vention, should decide all such matters, since all the power re sided in the sovereign states. What is appellate jurisdiction? An appeal on the law as cited in cases between man and man. It was never contemplated that the Executive branch of the Go vernment should appear in court against an individual or group as a Party in interest, simply to make capital out of some politi cal or sociological dream. Nor did anyone think of the Supreme Court assuming Exe cutive prerogatives and sending squads to enforce the law, or the assumed law based on judicial usurpation. Is it wrong to resist the Su preme Cv j*t? Well, think of what happ ned to King Charles and to Kin* George the Third. But we have a case in point, as the lawyers say. When the Su preme Court of the United States declared the law in the Dred Scott case the people of the North denounced the court in un measured terms of vituperation that must have been wholly ad mirable, eh? That Dred Scott decision play ed quite a part in bringing on the Civil War!! Chief Justice Ta ney merely declared the law of the land, but the North was inflam ed. And the great court, resting in unapproachable sanctity, has been known to reverse itself!! So why try to clothe it with inf allability ? Nothing in our Constitution confers on the Federal judiciary jurisdiction over school matters and school finances or school at tendance. But the court rests its decision on the 14th Amendment!! That Amendment, so-called, was never validly adopted and cannot be made valid by the Supreme Court. I wish our General Assembly would choose a commission of five eminent historians and five eminent lawyers to prepare a statement to the world about the alleged 14th Amendment. Let us not choose politicians who practice law or teach his tory. Let us have such a pre-emi nent Carolinian as our State Chief Justice and Judge Henry Johnson, with three out-of-state lawyers; and among the historian include Raymond Moley. I assert unequivocably that the 14th Amendment which has never been validly adopted or pro claimed is no part of the Con stitution and has no claim to our respect or observance. Although I stand on that, I take occasion to cite the alltged great Amendment. The Sovereign State of Geor- — ~ ft * WASHINGTON AND 'SMALL BUSINESS By C. WILSON HARDER Probably not since 1861 has the question of state rights vs. federal rights been so acute as right now. Ere long, perhaps in the next session of Congress, there will have to be a clear cut definition-on this issue.. For the, past eight years, apparently acting on some basis of a fuzzy type of lib eralism, the U. S. Supreme Court ap pears to be batting all over the ball park, show ing every sign /chat some vsry definite Con gressional C. W. Harder acts are required to set the matter straight. • a a As it stands now. the Su preme Court is closely ap proaching legislative powers in stead of confining itself to in terpretative powers. Just re cently In a nationwide ballot, 70% of the nation’s independent businessmen, voting through the National Federation of In dependent Business, supported H. R. 4696 which would have stopped Federal courts from overriding state laws. a a a One of the more recent deci sions of the U. S. Supreme Court is creating a great deal of dis cussion not only in Washington, but* wherever businessmen meet. This decision is loaded with dynamite. a a a For the essence of the courts ruling was that unions, with Federal backing, may be able to force businessmen to bargain with the unions on plans to re- I duce the working force. a a a Just how far this decision could be applied is so far an unknown quantity. (g) National Federation of Independent Batin— By and large, most business fluctuate, often due to circum stances beyond the control of the business, such as loss of markets due to major strikes, or loss of customers to compet itors. i^ho then fays the help, when there’s nothing coming in. a a a Or to take a not too far fetched case. What would have happened, if this decision had been in affect last year, to a major cranberry wholesaler, when some bureaucrat popped off and put him, and others out of business overnight It makes no difference now that the gov ernment is planning to pay off some $10,000,000 to offset un justified losses caused by the bureaucratic verbal show off; what would have happened last year if the cranberry mer chants had not been able to lay off the help right now. * * * Actually, this recent Supreme Court decision is one of the most dtage.'ous decisions ever handed down and one that the next Congress will have to speedily remedy before major catastrophe sweeps the nation. * * * .. For example, this decision could very well end up by many, many companies being completely owned by the unions. • * * It could come about quite simply. A company, faced with a temporary sharp decline in sales, could conceivably by hav ing to keep all employees on the payroll, go under trying to pay idle workers. The workers would then have labor liens as prior claims. Out of their vast treasuries unions could satisfy the labor liens, take over the company. It’s a grim prospect. Congress must act. THURSDAY, FEBRUARY 2/1961 —— gia does not abridge the privi leges or immunities of anyone in prescribing terms of admission to higher institutions. And as to “Equal protection of the law,” the Federal Government is pam pering and petting one set of citizens as against all others. T. V. A. for example. For the information of the Great Court in. Washington, there is a concluding paragraph in the, so-called Fourteenth Amendment that the dim vision of the learn ed justices apparently could not decipher. And it says: “The Co: gress shall have the power enforce by appropriate legislatio: the provisions of this Article. That is the last paragraph of the alleged Fourteenth Amendment. What has Congress done? No thing. Congress is—and has been afraid that some court, steeped in the law of the land, would de clare the alleged Amendment in valid. 0 However, since we can hope for no relief short of a second Patrick Henry, why does not the Congress act, as the Constitution provides ? Don’t they know that the Court has invalidated decisions of great States because Congress has pre empted the field? How can Con gress pre-empt any area of law beyond its constitutional powers? What about the powers of Con gress? It shall have power “To make all laws which shall be ne cessary and proper for carrying into execution the foregoing po wers, and all other powers vested by this Constitution in the Govern ment of the United States, or in any department or officer thereof.” Now the 9th Amendment and the 10th Amendment} (9th) The enumeration in the Constitution of certain rights shall not be con- Group Discusses Educational TV The January meeting of the Newberry Branch of the Ameri can Association of University Women was held recently at the home of Mrs. C. M. Smith. Mrs. Furman Sterling, president, pre sided. After a short business session, during which the reports of offi cers and * chairmen were given, Miss Margaret Paysinger, pro gram chairman, presented Mrs. F. Scott Elliott, Elementary and Secondary Education chairman of the branch, who led a program on some of the trends and emphasis in today’s education for youth. The speaker began her discus sion by quoting from an editorial in The Saturday Review November 19, 1960, on “Education in Am erica” which says “The unique purpose for formal educational institutions is the cultivation of the mind, the promotion of learn ing and the pursuit of intellectual inquiry.” Learning takes place only when change occurs in the learner, Mrs. Elliott said, noting that this change involves better organization and use of time and this involves both the teacher and learner. The teacher, she said, must be able to function at the top of his professional competence for the benefit of more learners. At this point, Mrs. Elliott, who is the mass media chairman of the South Carolina Division of AAUW, led her listeners into a consideration of Television in edu cation, citing the following facts: “In September there were more than 2,000,000 school children en rolled in the schools of the nation than had been anticipated. This additional number required 6,000 extra teachers. “Exponents of ETV, when point ing out the main advantage of this new aid to education, empha size that this medium allows children of small schools of the country or sparsely settled sec tions as, well as of larger schools to gain the best of education and could relieve teacher shortage conditions. ^ “South Carolina established the first state-wide closed circuit ETV system anywhere in the world. By this means every high school PATIENTS NEWBERRY COUNTY MEMORIAL HOSPITAL Oscar Porter, 1209 Pope St. Elmer Whitman, Rt. 2. Mrs. Mattie Fellers, 1001 Har rington St. Mrs. Alice Faye Bedenbaugh, Rt. 2, Prosperity. s trued to deny or disparage oth ers retained by the people.” (TOth) “The powers not delegated to the United States by the Constitu tion, nor prohibited by it to the States, are reserved to the States respectively or to the people.-” . Now tell me where the Supreme Court finds the lawful power to become a dictatorial body, trampL ling on the Sovereign States? And I challenge its assumption of pow er even without including the challenge to the alleged 14th Am endment. And vhe failure of the Congress to meet the issue square ly. St Mrs. Chloe Amick, 1480 Ebenez- er Rd. Mrs. Eunice Dehihns, P. O. Box 114, Newberry. Johnnie Free, Pomaria. Baby William Ellis Farmer, Ce metery Dr., Whitmire. Robert Green, Rt. 1, Kinards. Mrs. Rebecca Gardner and baby -girl, Rti 3. • Cecil Kleckley, 2503 Fair Ave. < Mrs. Belle Kitchens, Rt. 2, Kin ards. Mrs. Lottie Kelly, Rt. 2. Miss Theresa Lightsey, - 2231 Main St. Miss Nannie McKittrick, Rt. 1, Kinards. Louis Morris, 2012 Main St. Mrs. Euna Mize, Rt. 1. Mrs. Elsie Nichols, Rt. 2, Pros perity, i Mrs. Sarah Nichols, 1935 Evans St. , Robert F. Nelson, Whitmire. Annette Phillips, 607 Pope Cir. William Taylor, 2889 Hunt Ave. Mrs. Daisy Waters, Rt 4. Mrs, Veda Wilson, Chappells. Lindy Anderson, Rt 1, Chap pells. Sam Counts, 1506 Harris St James Caughman, 2019 Vincent St. Tom Cannon, Little Mountain. James Cannon Jr., Rt 3. in the state can be served with three channels of broadcasting offering 36 regular daily sub jects. “Hie 1960-61 schools in 11 counties are receiving the bene fits of televised classes and 60 other school® are receiving parts of the pre i.” Mrs. El) also mentioned the Continental Classroom program, “Contemporary Mathematics” which began ^an. 30. Furman Uni versity gives both graduate and undergraduate credit for this v class, ,yt., This was & most comprehensive discussion, for which Mrs. Elliott was thanked by Miss Paysinger. Mark Dudley, 227 Crosson St Thomas Gray, 725 Hunt St. Freddie Lee Hawkins, Rt. 4. * Geneva Hill, 703 McSwain St* Adeline Lindsay, Rt. 4. Johnnie Pitts, Rt. 1, Silver- street. *Baby Boy Robinson, Rt. 1, Po— maria. Bluford Simpson, Rt. 1, Kin ards. Albert Singley, Oil Mill Alley. Catherine Vaughn, Rt* Sil- Mr, Mahal. Smith. 22f)f> Mail, ve ^?£ W j lson> ^ W/; Frank Wilson, Rfc 8. ■ tU “V* sh' i' MILLS CUNIC PAUBNTS i Mrs., Sara Vaugha^JtcPsperitj. Mrs. Jo Ann Dehardt, Prosper ity* /■ ' *“ Mrs. Maggie Bell Somers, Po maria. Carl Epting, Prosperity. Miss Lalla Martin, Newberry. Mrs. Lizzie Bundrick, Prosper ity. William West, Leesville. Olin' Dominick, Prosperity. Catherine Gallman and baby girl, Newberry. Heavy Outlays for Aid to Polio Victims Cause Drain 6$ March of Dimes Funds “The National Founda tion has the distinction and the honor of having ex hausted .its March of Dimes funds for patient aid,” Basil O’Connor, its president, an nounced recently. “Therefore, the March 0f Dimes has a $45 million job to do in 1961,” he added. “But we always have had a tremendous job to do and have relied on the American people for financial support the March of Dimes each Jan uary,” he said. “At the same time, however, we do not live just from year to year but build broad research, educa tional and patient-aid programs for much longer periods. Con tinuation of these programs will require $45 million 1961.” Speaking of the “urgent monetary needs of the 1961 New March of Dimes,” to be held Jan. 2-31, the leader of the world’s largest voluntary health organization explained that in 1960 about one-third of its 3,100 chapters had gone into debt to meet hospital and other bills for aid to polio patients. “But our chapters are proud that they have not built up bank balances at the expense of human lives,” he said Since 1938, when The Na tional Foundation (for Infan tile Paralysis) was organized, a total of $325,200,000 has been spfent for direct patient aid to polio victims. In 1960, the bill was about $13,250,000 for some 40,000 of the polio-stricken. Al though the Salk vaccine has been available to the public for five years, patient-aid costs re main high chiefly for those stricken before the vaccine was developed, or for those who since 1956 neglected to get in oculated and thus contracted polio. March of Dimes monetary assistance to individual polio sufferers has sometimes been extremely great. To cite two instances only, patient-aid costs in the case of Mrs. Ingeborg Cully, of New York City, thus far have totaled about $25,000 and the end is not in sight; while expenditures for Tommy mrnm MU CHURCH CIRCLES MEET MONDAY Circles of Central Methodist. Church WSCS will meet Monday,. February 6 as follows: No. 1, Mrs. S. A. Meek, 1901 Harrington St., 4 p.m. No. 2, Home of Mrs. Thompson Price, 1226 Calhoun St., 4 Miss Sallie Lee Cromer, hostess. No. 3, Mrs. Charles H. Gray, Bush River Rd., 10:30 a.m. No. 4 (Julia White), Church So cial Hall, 7:30 p.m. No. 5, Mrs. Joe Roberts, 2021 Mower St, 10:30 sum. No. 6, Mrs. Forrest Lominack*|| 914 Glenn St, 4 p.m. ~" AUDITOR’S 1961 TAX ASSESSMENT NOTICE I, or an authorized agent will be at the following places on the dates given below for the purpose of taking tax returns on all per sonal property, real property, new buildings and real estate trans fers. Parsons owning property in more than one district must nuke returns for each district, All able-bodied male citizen* the ages of twenty-one sixty are liable to $1.99 poll tax. At Auditor’s Office to-, March 1st, after which a penalty of 10 per cent will be added. / Ralph B. Black, Auditor Newberry County r s - j * . . . ' A NAIIOfifli (TION OF BROADCASTER^ MOM Easy to Listen to—-Select ed Popular Music especial ly for the Moms every where. radio \ m 2 1240 Kc. r ui ..Vi. Examples: $25,000 was spent on Ingeborg Cully . Davey, six years old, of Boston, have reached $50,000. Aside from the enormous financial toll in patient aid, substantial New March of Dimes contributions must also be used for research. Since 1938 The National Foundation has allocated $64,600,000 on its broad-based international re search program which has pro duced, among other outstand ing achievements, the Salk and Sabin polio vaccines and, in cidentally, two Nobel prizes. In 1960, research funds are estimated at $5,000,000 cover ing The National Foundation’s three health areas of birth de fects, arthritis and polio. More «than twice that sum, or $10,400,000, is needed for re search in 1961. March of Dimes contribu tions have also made possible the largest education program for the training of medical and health experts ever attempted by a voluntary health agency. Since 1939, when The National Foundation launched its pro gram of professional education, outlays in this field have to taled $34,900,000; in 1960, a total of $1,500,000 in March rf . . . while another $50,000 was needed for Tommy Davey. Dimes public contributions was required for the health organ ization’s professional education activities. In 1961, $3,900,000 is needed for this part of the pro gram. CAROLINA METAL WORKS * Sheet Metal - Heating - Air Conditioning 3 a COLLEGE ST. EXTN. TEL. 115 A. G. McCAUGHRIN, Preeident A Treasurer. Auditor’s 19(1 Tax Assessment Notice ■■ v ", • ; ■■ - • ' " ' • ■ ' u ; /v; Returns of personal property, real property, new build* '*41 • 1 ’ T + ‘ : .. . •' • ^ ings and real estate transfers, and poll tax are to be made at the County Auditor’s Office beginning: ' January 3rd., 1961 THROUGH February 28th., 1961 ' .- ..y §' All able-bodied male citizens between the ages of twenty- one and sixty are liable to $1.00 poll tax. All returns are to be made by Tax Districts. Your failure to make return calls for penalty as prescribed by law. ' RALPH B. BLACK, Auditor Newberry County Wk&k;