The sun. [volume] (Newberry, S.C.) 1937-1972, July 23, 1964, Image 2
PAGE 2
THE NEWBERRY SUN, NEWBERRY, SOUTH CAROLINA
THURSDAY, JULY 23, 1964
1218 College St., Newberry, S. C. 29108
PUBLISHED EVERY THURSDAY
O. F. Armfield, Jr., Owner
Second-Class Postage Paid at Newberry, South
Carolina.
SUBSCRIPTION RATES: $2.00 per year in ad
vance :Six Months $1.25.
THE “SPECTATOR’S” COLUMN
The gravest question before us
today is the assumption of power
by the Supreme Court of the U.
S. In any fair discussion of the
arrogant attitude of the Federal
Supreme Court we must under
stand our background, the history
of our people, going back to Great
Britain for we have built a great
government on the experience of
our British ancestors. Louisiana
built on the Code Napoleon, which
of course, is French. Our far wes
tern States, even Texas, may show
the influence of the Spanish for
they were Spanish originally. The
dominant note in our Constitution
is English and the 13 Colonies
which won their independence and
set up a nation of limited powers
were decidedly of English flavor
and built in the Common Law of
England.
On June 7, 1776 Richard Henry
Lee of Virginia introduced a res
olution in the Continental Con
gress “That these United Colonies
are, and of right ought to be, free
and independent States.”
The lawyers of that day knew
that the change from being Col
onies to the dignity, power, and
sovereignty of States converted
the Colonies into Sovereign pow
ers.
The Declaration was adopted
July 4, 1776. The 13 States now
were sovereign, completely inde
pendent of Britain and of one a-
nother.
As the 13 states had many in
terests in common it was arrang
ed that they should set up a gen
eral government of very limited
powers. That organization under
the Articles of Confederation was
not satisfactory, so Gen. George
Washington and others met at
Annapolis to study the operation
of the general government and to
plan for improvement. That meet
ing did nothing but decide on a
second meeting in Philadelphia.
Those attending the Philadelphia
gathering had no specific instruct-
tions but made an exhaustive in
quiry into the urgency for a gov
ernment of efficient operation. 'But
the States, in delegating certain
powers to the new government un
dertook to “make sure” beyond all
confusion, misundertanding and
presumption that the States were
the powers and the National Gov
ernment a convenient plan of co
operation.
Although the delegates strove to
compose all differences arising
from fear of a powerful govern
ment on a foundation of weak and
subservient States, it was neces
sary to reassure the doubtful
States and ten Amendments were
adopted, all to secure to the States
their sovereign powers, except for
the limited functions of the Nat
ional government.
Alas and alack! Today the Nat
ional Government appears to act
as though it were the source of
power. The Congress and the Ex
ecutive Departments have run wild
and our people have acquiesced
somewhat supinely and inglorious-
ly-
I think an appropriate new
Declaration should be adopted de
claring that “All powers of what
ever sort or description belongs
to the Congress and all limitations
on the area of congressional ac
tivities are hereby declared null
and void and of no effect, all lim
itations being henceforth relegat
ed to innocuous desuetude.”
We had become almost accust
omed to the assumption of unlim
ited power by the Congress when
the Executive Departments, the
Presidency and an array of Fed
eral Commissions, assumed pre
rogatives that virtually overrode
the powers of the States.
And now we see further, inroads
on the Stales; we see the Sup
reme Court of the United States
issuing orders to Sovereign states,
as in the recent case of the schools
of Virginia—Virginia of all states,
my brethren, the home of George
Washington, Thomas Jefferson,
James Madison, Robert E.Lee,
Stonewall Jackson and a host of
men who contributed so much to
the free spirit of America. My
word!
True enough it was another
Virginian who experimented by
construing, interpreting the Cons
titution so as to enhance the pow
er of the National government.
Of course I mean John Marshall, a
Chief Justice who loved power.
So now we have a great power
entering into fields heretofore re
served to the States and to the
Congress—the Supreme Court—
a body of men with life-time jobs
who seem to roam at will in the
field of affairs.
I call attention again and again
to the obvious, manifest and ur
gent obligation of the Cpnexesstolr
clarify the status
confusion resulting from a court’s
jurisdiction over areas clearly not
intended for judicial intervention.
The court bases much of its
roaming on the 14th Amendment!
No such Amendment was ever le
gally adopted, and all persons
capable of understanding affairs
know that. Nor can Amendments
be cured of irregularities and made
lawful merely by lapse of time.
The 13 states which made this
nation, which established a Sup
reme court were: Delaware, Penn
sylvania, New Jersey, Georgia,
Massachusetts, Connecticut, Mary
land, South Carolina, New Hamp
shire, Virginia, New York, North
Carolina, Rhode Island, Vermont.
Vermont came in 1791, as the
14th state.)
TheConstitution, in defining the
jurisdiction of the Federal Court
says “The judicial power shall ex
tend to all cases in law and equity
arising under this Constitution,
the laws of the United States, and
treaties made, etc. In all other
cases the Supreme Court shall
have appelate jurisdiction, both as
to law and fact, under such regu
lations” ... as the Congress shall
make.”
One last point: The Congress, in
order to meet the objections of
many stalwart patriots, such as
old Patrick Henry, adopted, almost
immediately ten Amendments to
clarify beyond peradventure the
crerished sovereignty, autonomy
and independence of the States,
the 9th and 10th being so clear
that an erring man need not err
therein, nor a blind man fail to
see: “The enumeration in the
Constitution of certain rights shall
not be construed to deny or dis
parage others retained by the peo
ple”—9th Amendment.
But to make it double sure here
is the 10th Amendment: “The pow
ers not delegated to the United
States by the Constitution, nor
prohibited by it to the States, are
reserved to the States respectively
or to the people.”
Isn’t that clear enough?
Now, as to the so-called 14th
Amendment: It was proposed
when the Confederate States
were under Federal Military rule.
Some States rejected the proposed
Amendment, notably Delaware,
Kentucky, Maryland, and ten
Southern States. By some device
it was revived and, as it said, by
trades, etc was declared ratified.
North and South Carolina ratified
it while occupied by Federal
troops. New York and New Jer
sey undertook to withdraw their
act of ratification.
In very truth this whole pro
cedure of alleged ratification is a
stultification which should make
this nation ashamed.
I can’t escape the conclusion
that all those present-day leaders,
from President Johnson down, are
men from States which did not
form the union or make the Cons
titution. They have come into the
battle after the victory, suffering
and sacrifice, and now they claim
all the spoils of war.
Just one more thing: The Cons
titution, as I said, was an agree
ment by the 13 states and many
earnest patriots challenged the as
surances given. So the ten Amend
ments were intended to remove all
doubts. Furthermore certain spe
cific restrictions were imposed on
the Congress. In the very beginn
ing, in the very first Amendment,
observe the language:
“Congress shall make no law
respecting an establishment of re
ligion, or prohibiting the free ex
ercise thereof; or abridging the
freedom of speech or of the press;
or the right of the people peace
ably to assemble and to petition
the Government for a redress of
grievances.” Observe that careful
ly. It prohibits the Congress there
by leaving the matter entirely to
the States.
I marvel at the decision of the
Federal Supreme Coup in the
Prayer case from New York. As
I’ve frequently said, the Great
Jehovah isn’t pleased by perfunc
tory words sometimes uttered as
a prayer, but the Court had no
right to intervene at all: it was
a matter for the State of New
York, if actionable at all.
Now, just to refresh your mem
ory I quote from the so-called 14th
Amendment:
“All persons born or naturalized
in the United States, and subject
to the jurisdiction thereof, are
citizens of the United States, and
of the State wherein they reside.
No State shall make or enforce
any law which shall abridge the
privileges or immunities of citiz
ens of the United States; nor
shall any State deprive any per
son of life, liberty, or property,
without due process of law; nor
deny to any person within its
jurisdiction the equal protection
of the laws.”
I challenge anyone capable of
reading and understanding plain
English to tell wherein the lan
guage of the so-called 14th
Amendment prescribed equal ac
commodation of races or persons,
in any restaurant, theatre, school,
college or university. Clearly it
was intended to forbid discrimina
tion in voting, although there is
no discrimination if the refusal is
in compliance with uniform req
uisites to determine the eligibility
of one to vote.
I am not merely cavilling when
I call attention to the wording
here. According to this so-called
Amendment the Congress hay by
law impose such restrictions as
may suit any region or Federal
Area, for the prohibition is clearly
on the States; and by no means
justifies the iniquitous anomaly
known as the Rights Bill.
Men In Service
j U. S. ARMY, EUROPE(Ahtnc)
Army MSG Robert L. Gallman,
whose wife, Ella, lives on Route 4,
Newberry, qualified as expert in
firing the M-14 rifle in Germany
June 30.
Gallman, a platoon sergeant in
the 317th Engineer Battalion’s
Company B, entered the army in
1943 and arrived overseas in Oct
ober 1962 on this tour of duty.
The sergeant is a graduate of
Gallman High school. His mother,
Mrs. Bessie Gallman, lives at 611
Coates street.
N O B O D Y—THAT IS—
BUT A FISHERMAN
NOBODY ELSE is so early to
rise, so ignorant of lunch, so late
for supper or so luke-warm about
chores. Nobody else gets so much
fun out of weeds, lily pads, sunk
en logs, long worms, heavy rains,
fresh air and stinking minnows.
Nobody else can cram into one
pocket two rusty knives, a piece
of rope, shriveled garden worms,
3 feet of knotted invisible leader,
six split shot, a grocery order, last
year’s fishing button, two bottle
openers, a ragged wet fly and a
map showing his favorite fishing
holes.
NOTICE FOR BIDS
Office of Newberry County
Board of Commissioners, Newber
ry, South Carolina, will receive
sealed bids by 10 o’clock A. M.,
August 3, 1964, for the following:
For two (2) new short wheel
base trucks to be traded for two
(2) used 1955 Ford trucks now
owned by the County.
The right is reserved to reject
any and all bids.
NEWBERRY COUNTY
BOARD OF COMMIS.
FORT BLISS, TEXAS (Ahtnc)
Thomas R. Turner, son of Mrs.
Rachel P. Turner, Route 2, was
promoted June 30 to specialist five
at Fort Bliss, Texas, where he is
a member of Battery A, 2nd Air
Defense Guided Missile Group.
Specialist Turner entered the
army in October 1959.
The 23-year old soldier is a
1958 graduate of Newberry High
school. His wife, Linda, lives in
El Paso, Texas.
PENSACOLA, FLA. (Fhtnc)—
Navy Ensign Virgil W. Rine
hart Jr., son of Dr. V. W .Rine
hart of 2107 Harper street recent
ly graduated from Basic Naval
Aviation Officers School, Naval
Air Station, Pensacola, Fla.
During the course, he was sel
ected for Air Crew training. He
will now undergo further train
ing in one of the fields open to
him including Intercept Control,
Navigator or Airborne Combat
Information Center Operator.
Building Permits
David L. Ruff, repairs to dwell
ing, 1108 Calhoun street.
J. D. Watkins, new brick veneer
dwelling, 911 Cornelia street.
B. Z. Burn, repairs to dwelling
946 Cline street.
Abram Warren, repairs to
dwelling, 1520 Friend street.
Grace Alverson, repairs to
dwelling, 318 O’Neal street.
Claude Vaughn, repairs to
dwelling, 1209 Langford street.
William M. Floyd, general re
pairs to dwelling, 104 Boundary
street.
Letha Abrams, general repairs
to porch of dwelling, 300 Drayton
street.
Total for above permits $14,170.
iklilmi
To whom he was not spoken of, they shall see;
And they that have not heard shall understand.
—Isaiah 52:15
SENATOR
■ STRO
HURMOND
Reports
PEOPLE
Paul the Apostle brought the
message of Christ to many who
had never heard it before. He
knew his mission well. It was not,
Paul told the Romans, his task
to follow the footsteps of another,
but to venture forth, to speak to
those who had not been spoken
to, and give truth to those who
would understand.
It is easy enough for us today
to profess Christianity, to show
that we believe and understand,
when others about us are doing
the same. Might we not wonder
how we would conduct ourselves
if we were surrounded by dis
believers and by strangers who
knew nothing of Christ and
Christianity?
We can not all go forth to
preach. We can, however, through
evidence of a Christian life, show
that we have heard, and that we
understand.
Read your BIBLE dally
and
GO TO CHURCH
SUNDAY
*Wsr on Poverty’—
Powers of the Czar, No. S
THE MOST expensive feature
of the “war on poverty” bill now
awaiting Senate floor consider
ation is Title II on general com
munity action programs. The
cost for this title would be $315
million the first year.
THIS TITLE authorizes the
Poverty Czar to pay to public or
private nonprofit organizations
up to 90%—and in special cases,
100%—-of the cost of community
action programs which are “fo
cused upon the needs of low-
income individuals or families.”
This broad grant of authority
would include almost every con
ceivable private or public pro
gram dealing with health, wel
fare, education, housing, em
ployment, or family life in any
community or combination of
communities.
THE POVERTY CZAR would
be virtually all-powerful in these
programs. Except for the limita
tion that not more than 12%%
of the funds could be spent in
any one State, the Czar would
have the arbitrary power to
decide who gets the money and
for what purpose the money
could be spent. No approval of
any State or local official would
be required. The bill does con
descend, however, to give the
Governor of the State the right
to “comment” on the program.
UNDER THIS title, the Pov
erty Czar would have the power
to make direct grants to public
or private schools, including
church schools. The only pro
hibition in the bill is that the
aid to schools not be “general
aid.” There is no limitation on
the form which “special aid”
may take. In fact, there is no
attempt in the bill to define
either “general aid” or “special
aid.”
SO BROAD are the powers
under this bill, that grants could
be made for sectarian use. Ob
viously, most religious organiza
tions have programs to help the
needy and thereby are fighting
poverty. The Czar would, there
fore, have power under the bill
to make grants for these pro
grams. So far, however, the
leaders of the movement to
shelve the proposed school pray
er constitutional amendment on
the grounds of separation of
church and State have not come
forward to fight this provision.
TITLE HI of the bill purports
to deal with “rural poverty.”
An American Farm Bureau
spokesman testified that this
program “would ... operate to
perpetuate subsistence farming
and rural slums.**
THE POVERTY CZAR would
have authority to make direct
grants of up to $1500 and loans
up to $2500 to farmers whose
operations were so unpromising
as to disqualify them from loans
from the Farmers Home Admin
istration.
TITLE HI also contains the
radical “land reform” program.
Under this proposal, the Poverty
Czar could finance “rural de
velopment corporations” who
would buy up large tracts of
land, divide them into what the
Czar decides are “family-sized”
farms, and sell them to farmers
at less than cost, on “soft credit”
terms. The Czar would have the
power to prescribe the rules for
the organization, operations, and
activities of the rural develop
ment corporations, to decide
what constitutes a ‘Tow-income”
farm family and also which fam
ilies could get the help.
THIS “LAND REFORM” pro
gram is a replica of the farm
resettlement program of the
1930’s. A Congressional investi
gation of this program found
that “Families have been colon
ized, regimented, and supervised
. . .” Every facet of the activi
ties of those farm families re
ceiving the “benefits” was speci
fied by the bureaucrats, includ
ing “how to vote.” Comparable
power would be given to the
Poverty Czar under this title.
NO MAN or group of men
should be griven the unbridled
power to trap the low-income
farmer into such a predicament.
THE CUMULATION of pow
ers sought to be griven the Pov
erty Czar have not been found
outside a totalitarian regime. If
this bill is passed, such an ac
cumulation of powers will still
not be found outside a totali
tarian regime.
Sincerely,
Dean Manion
THE
MANION
FORUM
We hear a lot more these days
about Communism than we do a-
bout Constitutionalism. Each of us
should review the ideas and con
cepts of our own Government in
order to be able to make a clear
comparison with the overwhelming
force of evil that goes by the name
of Communism.
We also hear a lot about the
“extreme right” and “extreme
left” in government, and there is
certainly a lot of confusion in ap
plying these terms to any specific
groups. Basically, the extreme
right believes in no government at
all, which is anarchy. The extreme
left believes in total government
or statism.
Our form of government, a Con
stitutional Republic, fits in the
center of the political spectrum
and is a balanced form of govern
ment, midway between the ex
treme right and the extreme left.
Communism fits very nearly into
the definition of total government.
Communism means total State
government where all the means
of production, are controlled by
the State. The State owns every
thing. It owns religion which, un
der Communism, means only one
religion, the one that embodies the
concept of Communism.
Constitutionalism, which is our
form of government, better des
cribed as a Constitutional Repub
lic, is a little bit of federal gov
ernment, a little bit of State gov
ernment, a little bit of local gov
ernment and in some instances, a
little bit of activity or service per
formed by individuals or private
enterprise.
Under our system, no one per
son or group of persons can con
trol everything.
Ours is a government of laws
which guarantees that each indiv
idual has a maximum amount of
individual freedom and choice, and
accepts certain responsibilities.
Under our form of government,
the federal government manages
our national defense, our foreign
affairs, our post offices, and cer
tain other specific matters. Other
functions remain with the state or
local government or with the in
dividual, and cannot legally be
taken away.
It is important to understand
the basic differences between com
munism and our form of govern
ment, because Communism has
been taking over country after
country by process of gradualism,
a little bit at a time, and that’s
what we see happening in this
country right now. We are grav
itating toward a Communist or
Socialist or “welfare state“ gov
ernment.
Communists work for the es
tablishment of Socialism, as a
necessary transition stage on the
road to Communism.
Communism has been clearly
described as to it’s aims and ac
complishments in writings by it’s
founders, Karl Marx and others.
W'e cannot accuse them of secrecy
in that connection. They have des
cribed exactly how they will go
about a take-over of the United
States and they are proceeding
exactly according to plan. Anyone
can read the plan in books found
in any public library. If everyone
did this, no one would say again,
“It can’t happen here”, because
they would know it is happening
here.
MILLS CLINIC PATIENTS
Margaret Rinehart, West Co
lumbia
Mrs. Eugenia Wise, Newberry
Mrs. Betty Jo Clark and baby
girl, Prosperity
Mrs. Ella Jean Oswald, Lees-
ville
Miss Claudette Shealy, Bates-
burg.
Mrs. Victoria Stockman, Pros
perity
John Caldwell, Newberry
Jason Cockrell, Prosperity
Mrs. Patsy Singley, Columbia
Mrs. Mary Lee Yenny and baby
boy, LeesviKe
Miss Mary Lou Shealy, Irmo
Miss Susan Fallaw, Newberry
Mrs. Ann Bickley, Prosperity
Annie Lou Glasgow and baby
girl, Prosperity
Lurline Cannon and baby boy,
Newberry
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