Historical Newspapers of South Carolina

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x X PA(iK 2—The Newberry Sun, Newberry, S. C Thursday, April 20, 1967 1218 College St., Newberry, S. C. 29108 PUBLISHED EVERY THURSDAY 0. F. Armfield, Jr., Owner Second-Class Postage Paid at Newberry, South Carolina SUBSCRIPTION RATES: $2.00 per year in advance. Six months $1.25. COMMENT on Men & Things By J. K. BREED1N The expulsion of Adam Clay ton Powell has brought the us ual howl for the intervention of the Courts. I once was a law student and thought I knew something of the law; now 1 am not a law student, but now and then I am a student of the law. There is a difference but time presses and legal matters mys tify me, so let’s let it go by. Now then, has the House of Representatives done violence to Adam Clayton Powell; or has it repudiated the Constitu tion and crushed Powell under the Congressional avalanche? I need not discuss Powell’s behavior or his misbehavior; let’s take a quick squint at the Supreme law of the land. As you may know', or have heard, there was a time wher the Constitution was regarde< as the Supreme law of the Na tion. I need not look it up, be cause the average man doesn’t care; so let’s us who cal! our selves lawyers look it up anc fret over it and argue it adin finitim, without end, you know Now the Constitution says something like this: “The Sen ate and the House may each be the sole judge of the quali fications of its members.” Sev eral times in the long ago the Senate and House, as I recall, voted someone out. As I said, 1 was at one time a law student, but forgetting all that, it is a long way be hind; and pressing forward, etc. what is what today ? The same Constitution still lives in the book, though fre quently disregarded or man handled beyond recognition. Now then, if I am correct that each House shall be the sole judge of the qualifications of its members just where does Powell stand when he appeals to a Court to sit in judgment on the Congress ? Now then, if the Court should rebuke the Congress, or the House of Representatives, can the Court overrule the Congress, or the House; or may the Court disregard the (’onst itution ? All that brings up another matter: As a law student I Alcoholism The oldest center for treatment of alcoholism in South Carolina, more than 10,000 patients in 16 years, offers a four- day withdrawal of alco hol under Christian hos pital conditions for $85, five days $100. This cost includes medicines, glu cose, physician’s fees, general nursing care. A voluntary 50 day rehab ilitation course is offer ed! for those wishing to do something about their drinking problems. Total rehabilitation cost $250. FAIRVIEW CENTER Ridgeway, S C. Hospital Phone 337-2259 Adm. Phone 337-2255 recall that the Congress may prescribe and define the juris diction of even the great Sup reme Court. The Congress, as I recall, has never done that and 1 may be entirely wrong as a law student, but as a student of the law, a mere layman, if you please, may I wonder if that provision on the Constitu tion still is in full force anc virtue; or has time eroded it, as the rains do the farmers’ field from time to time? In invoking the law, as I studied it, I recall that only the Congress may declare -war. Well, well! Just think of it: we are fighting, NOT A WAR, but a inert' exercise, over in Viet Nam. That’s it, a mere military exercise. We have probably 350,000 soldiers over there, 2,000 airplanes, and probably a hundred ships of war—ab for a mere fracas. It isn’t in war for only Congress may declare w-ar, according to the Constitution. So, that seems to be something thrown on the ash heap. Nowadays the Presi dent attends to all the little things of that sort, and he tells the Congress how many men and ships and billions of dol lars are needed. The Congress dutifully, meekly, and subserv iently, authorizes everything for the fracas that is not a war —but has all the appearance of war with men killed, ships sunk, planes destroyed and at least 50 billion of dollars al ready spent. Friends this is no war. Just how many billions of dollars; how many precious young men; how many destroyed planes would be necessary to dignify this litHe skirmish into a war, I cannot imagine. Now since the powerful Court has not rebuked the Congress for fighting without a legal permit one may won der whether the President or the Court may rebuke the Con gress for disallowing Powell. As we used to say in law, de ponent sayeth not. Verily, verily, who knows? As I recall from my days as a law student, the Constitu tion clearly authorizes the Congress to define the scope oi the jurisdiction of the Suprenru Court. So that you may re fresh your recollection of the Constitution, even in this day of Presidential supremacy and judicial limitless assumption of jurisdiction; hear this: “Each House shall be the judge of elections, returns, and qualifications of its own mem bers, and a majority of each shall constitute a quorum to do business . . . and may be auth orized to compel the attend ance of absent members in such manner and under such penalties as each House may provide. Each House may determine the rules of its proceedings, punish its members for disord erly behavior, and with the con currence of two-thirds expel a member.” (Section V--1 & 2). (Article 7.) Now as to the declaration of War and the relative power of the President and the Con gress with regard to the mili tary authority. "To declare war, grant let ters of marque and reprisal, and make rules concerning cap ture on land and water.” (Sec tion VIII). (Article I.) “Jurisdiction of the Supreme Court—In all cases affecting ambassadors, other public min isters, and consuls, and those in which a State shall be par ty, the Supreme Court shall have original jurisdiction. In all Liquor Law Enforcement Regardless of what the fu ture may hold for South Caro lina in the sale and use of al- comolic beverages, two factors clearly affect the present sit uation. First, the people by referendum have voiced their opinion that the State should not be empowered to change constitutional provisions which prohibit “open bars.” Second, the State Supreme Court has declared that liquor-by-the- the other cases before mention ed the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions and under such regulations as the Congress shall make.” A layman will be puzzled by our legislative affairs. Now then: South Carolina became a state, a self-governing entity, full of the dignity of its Sov ereign charter. The Constitu tion of South Carolina—t h e one it now somewhat disregards —dates from 1895. The Consti tution of the United States was our guiding light since about 1787, as I recall. Now then: the Constitution of the United States has been in effect more than a century and a half; the Constitution of our State is nearly three quarters of a century. But today, even so long since both National and State Constitutions have been in full effect, certainly at least theoretically, for recently a citizen of our state called my attention to some alleged dis regard of fundamental rights by City policemen. Well, well so there you are! But in 1966 the Legislature of South Carolina virtually throws our dignity as a state overboard, allegedly because of certain provisions of the Con stitution. Now, whether the Constitution of the U. S. or the Constitution of South Car olina doesn’t butter up any parsnip, as the elderly ladies used to say. So now, in this late day, we find that we are all wrong! Imagine that. As to the Federal intervention, we have had many illustrious Chief Justices men really learned in the law not merely shrewd political fig ures. We had the learned and il lustrious Virginian ,John Mar shall, one of our remembered legal luminaries, a jurist best remembered. Then we come down the line and we had Chief Justice Charles Hughes, a man remembered as a great lawyer before becoming Chief Justice. And now, in this late day, notwithstanding our own Chief Justice Henry Mclver. So, with all the erudites in the law, both in Federal and State Courts we now must have such an anomaly as one State Senator for three counties and four Senators for one county. If we invoke any Constitu tional provision to account for this puzzling distribution of power doesn’t it seem a baff ling course that today—today, mark you, today we find we must re-shuffle our State Sen ate. Now, now! May we invoke the shades of the illustrious Chief Justice Marshall of the Nation and Chief Justice Henry Mclver of our state. Those learned men in the law were all wrong, eh? Today, 1967—we must rearrange, re organize our Senate because our best remembered Judges didn’t know as much law as the learned Judges of today? drink sales in private clubs if illegal. Both of these developments the people's mandate and tht court’s ruling, require full ex ercise of the police powers vested in the executive branch of our State government. Re cent raids on establishments operating in violation of the law have provoked both com mendation and praise. Your Governor seeks neither bouquets nor bricks from so- called “wets” or “drys.” How ever, it has been our position that the law—whether popular or unpopular—should be en forced. Otherwise, our system of government by laws rather than men becomes a farce; and we simply encourage dis respect for law and order. To aid in solving this immed iate problem, we are recom mending that during this ieg- itlative session, an Alcoholic Beverage Control (ABC) Board be established. The enforce ment problem is too large for the State Law Enforcement Division, and local police of ficials already are strained to accomplish their routine du ties. An ABC Board, with ap proximately 11 agents, would aid the State in effectively regulating beverage sales as provided by law. This measure could be implemented with an appropriation of about $110,- 000. There is a growing feeling among responsible leaders in many positions that some re form in our State’s liquor laws is badly needed. A citizens committee representing all major interest would aid the Legislature in developing real istic and acceptable proposals. Letter to Editor The Editor Sun 1218 College Street Newberry, S. C. Dear Editor: Democrat Congressman Bryan Dorn has now publicly stated that the S. C. Republican party is “trying to create ... a climate based on emotion, fasc ism and racism,” and he goes on to compare the S. C. G. O. P. with Hitler’s Nazi Party. No greater injustice has ever been done by an office holder in our state to a dedi cated group of citizen volun teers such as make up the South Carolina Republican par ty. Does he actually envision our titular leader, Sen. Strom Thurmond, with a swastika armbemd ? Why would Dorn make such a demagogic statement? As for being racist, he is the one profiting by his factious actions that gave him almost 100 per cent of the Negro block vote and re-elected him to Congress. Dr. William Hunter PVT. JAMES LOMINICK COMPLETES COURSE FT. EUSTIS, VA.—Private James E. Lominack, 21, son of Mr. and Mrs. Everett H. Lomi nack, Route 1, Newberry, com pleted a Transportation Supply and Parts Specialist course at the army Transportation school at Ft. Eustis, Vr., March 24. During the six-weeks course he received instruction in the receipt, identification and stor age of Transportation Corps parts, supplies and equipment and the maintenance of stock records. Marcia Abrams of Newberry has been elected as House Councilor in Phelps Hall, Win- throp College for the 1967-68 academic year. House councilors conduct weekly hall meetings to keep students informed of House Council and Student Govern ment Association rules and ac- tivities. We know that behind public policy there must be a prepond erance of public opinion. IS ADEQUATE FIRE INSURANCE NECESSARY? If there is any question in your mind, here are the latest figures from the National In surance Actuarial & Statistical Assn. Property destroyed by fire in 1966 $1,496,755,000 This is an increase of 41 million over 1965 and the sixth year in succession that fire losses have been near the billion and one- half mark. If you haven't checked the valu^ of your property against your fire protection lately you should do so. We can be helpful. “YOUR PRIVATE BANKERS’ 1418 Main Street Phone 276-1422