The sun. [volume] (Newberry, S.C.) 1937-1972, July 23, 1964, Image 2

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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 ^pic? * AFX TV IP YOUft *AVIN©f INSURED \t£\ wr to ' HOW and WHY .. has our Savings Business grown so steadily? Much of the growth of our savings accounts has re sulted from recommendation of our services by pres ent customers. We consider our large and ever grow ing “family” of customers as our most important and most valued asset. This is because we are dedicated to the principle “HE PROFITS MOST WHO SERVES BEST.” If your relations with us as an investor or borrow er have been pleasant and satisfactory, we would like to know it. The best way you can show us is to refer some friends to us. (CURRENT DIVIDEND RATE PER ANNUM BRANCH OFFICE—BATESBURG, S. C. fAVTATOS AATD Loan AsSOCIATIOAT J. F. CLARKSON M. O. SUMMER A V 1 N C ^ 'NjTITUTION ^OUNDtD DIRECTORS G. K. DOMINICK J. K. WILLINGHAM BRANCH OFFICE —Baiesburg, S. C. itbbbby, p. e- E. B. PURCELL W. C. HUFFMAN