Historical Newspapers of South Carolina

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PAGE TWO THE NEWBERRY SUN, NEWBERRY, SOUTH CAROLINA THURSDAY, JULY II. 1963 THE “SPECTATOR’S” COLUMN Southern men and women should inform themselves about the so- called Fourteenth Amendment to the Constitution of the United States. I have already pointed out that the so-called Amendment was never validly adopted and should be declared null and void. Assuming that the so-called Amendment was valid the Courts have discussed the Amendment in many cases. Of course I refer to cases in the Federal courts though some state court should declare the so-called Amendment invalid ab initio and no mere passage of time or action of any court can validate an invalid effort to adopt an amendment. Let’s .aee'~ what the Federal Courts fejfve said in the days be fore we based decisions on Sociol ogy through ignorance of the law. It is a rule of law that the court shall follow its own deci sions in similar cases so that law yers may have something to guide them. A lawyer is supposed to know the Constitution and the de cisions of the Court interpreting and applying the Constitution. Statutes are laws made by Con gress (in Federal matters) and the lawyers read thousands of pages of decisions and opinions of courts but the ancient legal doc trine of stare decisis implies that that courts will follow judicial de cisions. Otherwise the lawyers would be at sea. Even at best a lawyer can't guarantee that his advice will be the same as a judge’s decision. Of course if it wei-e easy ic ascertain beyond all peradventure what the law is the lawyers would starve to death or be on relief. Now, as to the so-celled Four teenth Amendment let us see what the Supreme Court of the United States has decided in the days when law was law and not the vague and vain imagining of uninformed lawyers or judges who dream of decisions based on Sociology or mumble-peg. “The Supreme Court rejected (1873) the contention and said that the Amendment did not dis close ‘any purpose to destroy the main features of the general sys tem.’ It held that the command that ‘no State shall . . . abridge the privileges or immunities of citizens of the United States’ does not prevent a State from abridg ing privileges of State citizenship as distinguished from privileges of National citizenship. The Supreme Court held (1897) that the State acted, and not the individual, where the law empow ered the county judge to select jurors and he rejected Negroes. The fundamental rights pro tected by the first ten Amend ments against National invasion were not, the Supreme Court said (1900), by this clause converted into or superseded by rights or immunities which the State can not touch . . . The relation be tween employer and employee is one to be supervised by the po lice power of the state. While the right to labor and the privilege of organizing are funda mental, under State citizenship, they are secured by State law and not by this Amendment. The privilege of a child to at tend the public schools is one springing from the State and not the nation, and therefore the child cannot assert a constitu tional right to admission under this clause. Due process of law means, said the Supreme Court in a late case (1908), that ‘no change in ancient procedure can be made which dis regards those fundamental prin ciples . . . which . . protect the citizen in his private right and guard him against the arbitrary action of the government’ An Act of Congress fixing pun ishment for three or more persons conspiring to deprive another of the equal protection of the laws was heM invalid by the Supreme Court (1883) because the Four teenth Amendment is a limitation upon the State and not upon per sons. Appropriate legislation by Con gress means such as is adapted to the mischief and wrong which the Amendment was intended to pro vide against’—that is, to prevent oppressive action, not by individ uals but by State governments. Therefore the Civil Rights Act of March 1, 1875, which declared that all persons (meaning the emanci pated Negroes) should be ‘entitled to the full and equal enjoyment of the accommodations, advantages, facilities and privileges of inns, public conveyances on land, or water, theatres, and other places of public amusement’, was held (1883) by the Supreme Court to be unconstitutional as to the sec tions which provided punishment for persons who should interfere with the rights mentioned, for the prohibition of the Amendment is directed only against action by States. ‘Until some State law has been passed,’ said the Supreme Court, ‘or some State action thru its officers or agents has been taken adverse to the rights of the citizens sought to be protected by the Fourteenth Amendment, no legislation of the United States 30 MILLION PEOPLE 1. No one has ever lost a penny In an insured Savings and Loan As sociation. 2. They pay higher earnings with guaranteed safety. Your savings ac count is always worth 100 cents on every dollar, today, tomorrow and in the years to come. You have no problems over speculation or fluctuation. 3. The Nation's Savings and Loan Associations now have assets of more than Ninety Billion Dollars. 4. Savings in Associations like ours are now increasing by more than Nine Billion Dollars each year. 5. More Home Loans were made in 1962 to more families than all other lending institutions combined by Savings and Loan Associa tions. 6. Sventy-three Billion Dollars in associations like ours is now insured to $10,000 for each Investor by Federal Savings and Loan Insurance Corporation, Washington, D. C. 7. On the basis of this remarkable record, we ask that you consider our Association as a safe place to invest your money and as your partner in personal progress. isa» OOX.X.BOX S1BBBT, VBWBBBBY, •- O- J. F. CLARKSON M. O. SUMMER DIRECTORS G. K. DOMINICK E. B. PURCELL J. K. WILLINGHAM W. C. HUFFMAN BRANCH OFFICE — Baiezburg, S. C. i < under said Amendment, nor any proceeding under such legislation, can be called into activity’.” The Constitution is not a docu ment to be strained according to whims of the moment or fanciful dreamers. You see that Mr. Kennedy not only violates the sanctity of the State sovereignty but he deliber ately violates laws of the nation, by the law-making body—Con gress — although it now appears that the Supreme Court of today and the Executive presume to make laws, or to disregard laws. The latest dodge is to cite the Inter State Commerce provision as the basis of decisions really having no relation to inter State or to commerce. This arbitrary pre sumption should be sternly re buked by the press and the people, if the Courts and Congress con tinue to support the unlawful course now being followed. Why not challenge all these perversions in the courts ? It so happens that we have laws wdrich forbid the use of the Nat ional Guard to enforce Court or ders. I gladly absolve the Keiuiedys from any purpose to defy the law. They simply don’t know the law and they ignorantly think their whim is the law. As I have frequently pointed out, the so-called Fourteenth Am endment to the Constitution of the United States is not valid, never having been ratified by the states. Southern States, you may recall, were under military government, yet the puppet governments were counted as Sovereign States for the purpose of adopting the pro posed Amendment. Even if we assume that the so-called Amendment was validly adopted and not subject to chal lenging letus see what the Sup reme Court has said. Here I would remind you that you hear the clamor of those who prate about the supremacy of the Supreme Court, and the sanctity of its de cisions. If not sanctity, then the sacrosanct atmosphere in which thes Court moves. Now, then, if this Court be deserving of our full respect and obedience or compli ance, what shall we say of the decrees and decisions of the Sup reme Court of other years? I may remind you that when you ask a lawyer for an opinion on the law he studies the Constitu tion, the laws enacted by the Con gress, and the decisions of the Supreme Court. If the courts twist the Constitution and the statutory laws, as well as the long-accepted decisions of the Court, to conform to someone’s fanciful notions or whims of the moment, then no one knows or can know the law, for we are victims of autocratic and despotic rule, pervasive and destructive of lib erty and that assurance and con fidence on which intelligent and popular government is founded. If the great court is so sacros anct today shall we disregard, with contempt the Supreme court’s decisions of other years? Taking parts of the Fourteenth Amendment: “No State shall make or enforce any law which shall abridge the privileges or immuni ties of citizens of the United States.” Perhaps President Kennedy or Brother Bob, or some lawyer who studies and respects the decisions of the Supreme Court of other years, should ponder a decision of the great Court in 1883 declaring unconstitutional the Civil Rights Acts of March 1, 1875, referred to above. Some brilliant young neophyte in Government service has had an inspiration. He sagely councels that such laws as are forbidden under the decision above cited may be based on the clause con cerning the regulation of Inter- State commerce. If I may interpose an observa tion: What is the supreme law of the land? We hear much to day about the sanctity of the Court and its immutable laws, virtually superceding the vaunt ed laws of the Medes and the Persians which could not be changed. Well, the Constitution does say a word or two in point, as the learned lawyer says: “The Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the auth ority of the United States, shall be the supreme Law of the Land.” While we are just roaming a- bout I may quote something else, ctill valid, unless the President and Bro. Bob have amended, or rescinded the ancient document: “The United States shall protect SENATOR STRO HURMOND Reports PEOPLE CommOnism and Conformity THE AGE of individualism, when America forged its claim to greatness largely because of the independence and initiative of the individual, is gradually but significantly slipping from the scene. Individualism and in dependence have been replaced in large part with commOnism and conformity, as a result of a determined effort to level all men and nation-states to a common plane in life. INDIVIDUALISM is the be lief in the importance of the individual. Jesus Christ ordained the pre-eminence of the indi vidual in his teachings, and the Founding Fathers of this coun try wrote this idea into the Con stitution, principally into the Bill of Rights which set out specific guarantees of protection for the individual against the power of the central govern ment. The founders realized that the individual would not last long in the new world they had settled, unless the ruling au thorities were tied down, as Jef ferson suggested, by the “chains of the Constitution.” EARLY in the 19th Century, the wretched and depraved mind of Karl Marx stole a few eco nomic and social theories and merged them together, to give birth to a new “ism” called commUnism. According to Marx, his aim was to establish an ideal world, in which each would “give according to his ability and re ceive according to his needs.” It would, of course, be necessary to first establish a world dic tatorship to bring about this worthy goal. Once established, however, this would evolve into an age called the millennium, when governmental authority would wither away and all the commoners on e*rth would work together without discipline or authority, to share the wealth of the world. A DISPUTE then developed within the ranks of commUnism as to how this end should be attained. Some demanded revo lution; others wanted to adopt the tactics of the Roman gen eral Fabius Maximus, who sup posedly conceived the military tactic of gradualism in wearing down the enemy. The gradual ists, or fabians, as they have become known, have been par ticularly successful in common- izing the British Empire during this century, playing a signifi cant part in the decline of this once-great empire. Unfortunate ly for America, the germ of commOnism spread from Britain to America, with particular vigor, within the past few decades. THE IDEA of commOnism is particularly noticeable today in American government, with its paternalistic programs of aid and control. This paternalistic attitude has encouraged Negro leaders to make statements that they are seeking “a compensa tory preferential highway” and that “the word equality has to be broadened.” They are even making such rash and bold statements as: “America has to change its entire posture. I think it is an inevitable move toward some kind of socialism.” TODAY Americans will con form to central dictation not only because of the use of mass means of propaganda techniques and the habit which conformity breeds, but also because of the club of coercion which accom panies oach “gimme” from the group or government. Nowhere is the air of conformity felt stronger than in party and power politics in Washington. At the center of government, there is little room for individualism or independence, and there is much powei* available to buy off or club down too many acts of in dependent action on the part of the individual public servant. THE DAY of the individualist is passing, and unfortunately, it is fading fast in the halls of the Congress, where it ought to last longest if independence is to be preserved for every indi vidual American. Unwarranted criticism by many members of Congress, of their own institu tion, is adding to this downgrad ing of the Legislative Branch. Official Washington, influenced by its own propaganda, is under the false impression that the American people desire com mOnism, even with its features of conformity and control, rather than their right to be an indi vidual and independent of un necessary regulation and control. BY AND LARGE, the Ameri can people still agree with the Jeffersonian idea “that govern ment is best, which governs least.” Sincerely, Blessed is the man to whom the Lord will not impute sin. —Psalms 32:1-2 Paul, the Apostle, citing the example of Abraham to the Ro mans, noted that righteousness was expected of Abraham be cause he believed in God. It is the same with us today. If we profess to be Christians, if we believe in God, then we are ex pected to be virtuous and moral. Many today seem to feel that the modem world is filled with temptations in greater number and variety than in times past. Perhaps this is true; yet tempta tion is as old as the history ot man. Jesus himself was tempted during his life upon earth. We expect too much if we ask God to give us a life without temptation. Instead, we should ask for the grace of faith, for it is through faith that we are able to conquer temptation and seek forgiveness for our human frail ties. Such is the Christian way. R«ad your BIBLK dally and GO TO CHURCH SUNDAY each (State) against invasion; and on application of the Legislature, or the Executive) when the Legis lature cannot be convened, against domestic violence. NOTHING SAID HERE ABOUT INSTALLING A TELEPHONE IN JAIL FOR THE REV. KING!! As to Interstate Commerce, the intent of the law was to facilitate the movement of goods from one State to another. Recently this has been amplified by an Act of Congress, but the serving of meals in a restaurant is so far from the purpose of the Act as to be ridic ulous. It also brings before me clearly the menace of men in pow er who invoke any law or resort to any device that seems plausible to them, though entirely foreign to the purpose and intent of the law. I have reserved for the last the well-remembered decisions of the great court in which it adopted and proclaimed the “Equal but separate arrangement. Under that ruling of the Court South Caro- (Continued on Page 3) WHAT’S WRONG WITH THE MEN WHO RETIRE AT HOME AFTER 65? t_J ERE is the intimate story of 11 the 63-year-old wife of a re tired man. She is a devotee wife, and an intelligent one. She has told her story, and it is printed nere, for the guidance of other wives who must soon face up to the unique experience of playing hostess to a man in the house— all day long. Understandably, the wife does not want her name used. And she has stipulated further that should her husband contact me and ask if the story came from his wife I am to tell him it came from a dowager in Kenilworth, 111. “My husband came home to me by Caesarean, rather than by natural birth,” she begins. “He was scheduled to retire like the other boys at 65, with party and watch. But shortly after he passed 64 the company was sold, and the new bosses wanted him to start bringing in the kindling. He elect ed to take his pension.” The first week the husband was home was full of phone calls, let ters, confusion and fun. Then, aft- ei everybody had said their say about the genius who was now lost to the business world, came the domestic life — of a gray-haired man and woman. “Sex reared "its head, briefly,” she continues. “All this freedom and privacy, afternoon naps, and such. It made a flurry, subsided. Self-reassurance also had its mo ments, with each ot us telling the other that this was the life, that this was wonderful, that we were really going to live now.” Then down to fundamentals: “Forty-two years of office life wouldn’t turn my husband loose. He figured out that the way I was stacking and washing dishes after meals was about 40 per cent more time-consuming than a plan he devised. That a chute from the upstairs bedroom to the basement would get dirty linens to the washer better than carrying them down stairs, and that a pulley sys tem would get them back to the second floor. “I had been doing things my way through three babies and 39 years of marriage. My way suited me. Still . . .” Then there was the talk, talk, talk, talk, talk. In a domicile where there had been silence to think and to listen to squirrels in the attic there was now unending conversation . . . “Neighbors I had loved for years didn’t look so sweet to him ... the garbage man wasn’t too good, either ... the mailman was always late . . . and why didn’t the plumber come when he was called? . . . “And if you’re going to the su permarket to shop then let’s shop, get it done with and go home. Why stand in the aisles talking with these old dames? “And who was that on the tele phone? What did they want? “And how come you’ve got to go to the Woman’s Society meeting? , What does it get YOU? . . New GOLDBN TEARS 86-pare book let now remdr- Send 50e In coin (no stamps) to Dept. CSFS, Box 167S, Grand Central Station. Now York 17. N.T. "The Best Sound Around” WKDK 1240 Kc. If You’re Renting, You’re Actually Paying FOR A Kingsberry Home Without Owning It! Let me show you how your budget will give you ownership. 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