Historical Newspapers of South Carolina

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PAGE 4—The Newberry Sun, Newberry, S. C., Thursday, August 10, 1967 SENATOR STRO HURMOND Reports PEOPLE Lyndon Johnson has nomi nated Thurgood Marshall to be Associate Justice of the Su premo Court. Most recent nom inations to the Supreme Court have been characterized by political, or philosophical con siderations, rather than the legal ability of the appointee. I have felt duty-hound to op pose nominations of this type, and have never hesitated to vote against such appointees. The nomination of ' ourgood Marshall continues this ten dency, but with an odd twist. During the hearings on his nomination, Marshall demon strated that, despite extensive experience, he still knew little law on the most important issues which the Supreme Court faces almost daily. In addition, he avoided dis closing his views on many issues by asserting that it would be wrong for him to comment upon any matter that may yet come before the Court. He gave the impression that his views on Constitutional law were no business of the Com mittee convened to inquire into his fitness for one of the most important, posts in the land. 1IIS OWN FIELD Several Senators displayed open disgust, after vainly pleading for some clue, some straightforward, honest state ment about his legal philosophy. The questioning then turned from present cases to Mar shall’s own field of legal ex pertise, the Thirteenth, Four teenth, and Fifteenth Amend ments to the Constitution. If Marshall fled furtively from di vulging his personal legal prin ciples, it seemed only fair to give him the opportunity to demonstrate his knowledge of the basic issues in an area where he had specialized in tensively for more than 25 years. Indeed, in the minds of many people today, Marshall is pictured as Mr. Fourteenth Amendment.” A clear understanding of the Reconstruction amendments is essential to every member of the Supreme J’ourt today. While it is true that many legal historians have east doubt upon the legality of the ratifica tion of the Fourteenth Amend ment, there is no doubt at all that distorted interpretations of it have been used as the ex cuse to turn many of our basic Constitutional concepts inside out. Under the accepted legal doctrine of ‘'contemporaneous interpretation,” the intent of the framers of the Constitution is the controlling factor in con struing the meaning of the text. Before it can be determined what a clause means today, the judge must search out what the clause was intended to moan when it was written. The weight of such evidence must decide; any other interpreta tion is an arbitrary amendment. It would seem that any legal authority who had studied the Fourteenth Amendment for 25 years would be able to explain why the Amendment was adopted, and what it was in tended to do. “CIVIL RIGHTS” "Civil Rights” in 1866 meant only the natural rights of pet- sons, and especially excluded political rights of citizens such as the right to vote. It is in teresting to note that one of the main issues invoived in Congressional debate on the Fourteenth Amendment were provisions contained in the con stitutions of two Northern States, Oregon and Indiana preventing free Negroes from owning land, getting a job or making contracts. Radicals of the day pointed out that Congress had no power to prevent such practices. Con gress could enact only legisla tion for the powers ennumor- ated in Article I, Section 8. The privileges and immunities of national citizenship were gum- anfeed in Article IV, Section 2; clue process for persons was guaranteed in the Fifth Amend ment but no enforcement power was given in either case. The Radicals therefore demanded an amendment to give Congress [tower to enforce these provi sions. The very same men who framed the Fourteenth Amend ment complained that it did not cover political rights. They sought additional Con stitutional amendments to regu late voting practices and out law literacy tests; they were disappointed when these moves failed. Obviously, the framers recognized that the Fourteenth Amendment did not include such rights. DIDN’T KNOW To almost every question of historical fact in this area, Thurgood Marshall answered “1 don’t know.” When relevant historical facts and statements wore pointed out to him, he said that they would not be the controlling factor in his inter pretation and application of EVELYN MAW and LILA HUFFSTETLER Announce THE OPENING OF THE STYLE SHOP Opening date - August 9th ;*029 HAZEL STREET Phone 27G-1039 (Near Radio Station; State traffic death rate £4 is average AUGUSTA STATION PROMOTES BRIGGS The following was written by the manager of WRDW, Augus ta, Ga., concerning a former Newberrian, Dickie Briggs. “It gives me a great deal of pleasure to announce that Dick Briggs will assume the duties and title of News Director of WRDW, effective July 31. In just one year Dick has be come a popular personality in the Central Savannah River area. We feel, as I am sure* you all do, that his greatest triumphs are yet to come, as we continue to strive for a hard hitting, note grabbing news team. I am sure that Dick will have the fullest cooperation of ev ery employee of Tall 12 and that they will receive the same co-operation in return.” Dick is the son of Mrs. A. J. Briggs of this city. Night Deer hunters are sentenced Columbia, August - Night hunting for deer always in creases with the approach of fall and conservation officers of the Wildlife Resources Dep artment are making special ef forts to apprehend violators. Last week in Newberry county, two men were fined $100 each for killing an eight- point buck on the Enoree man agement area. In Edgefield county eight men charged with night hunt ing the Forks-Key Bridge area were convicted in General Ses sions last week after pleading not guilty and asking for a jury trial. The eight had been arrested by Supervisor J. W. Cheatham and Conservation of- driving through the manage ment area and shining spot lights along the road. Two shot guns loaded with 00-buckshot and a 303 rifle were confiscated, along with the lights. Four of the men were fined $100 each and placed on three- year probation and also ordered to report to a probation officer every 15 days. Two men were fined $100 each, placed on two- year probation and ordered to report every 30 days to the pro bation officer. The remaining two were fined $75 each, placed on probation for one year and ordered to report once every 30 days. The men were caught after an auto chase of about a mile and a half. the social security account num ber is the “key” to the work er's social security account. It identifies his record from all others. Social security benefit payments are based on earn ings. If a worker’s social securi ty number is missing from the earnings report filed on his be half by his employer, he gets no credit for his wages. That can mean a money loss to him and his family at a time when it may be needed most. Household work is covered by socal security if the employ ee is paid as little as $50 cash wages in a calender quarter by one employer. The employer is required to report these earn ings to the Internal Revenue Service for social security pur poses. “ The worker should make sure that his employer has his social security number. The best plan is for him to give this number to his employer the first day he goes to work on a new job.” Miss Pressly says. The traffic accident death rate in South Carolina, although not nearly as low as it should be, is much lower than it was. at this time last year and now stands near the average for nine south ern states, the State Highway Department has reported. In the early days of August, South Carolina’s traffic fatality toll was down by 47 from that of the corresponding period of last year which turned out to be the worst in history. Traffic deaths last year soared in sight of the 1,000 mark, a level which never has been reached in the state. The most recent comparison of traffic fatalities in the var ious states by the National Saf ety Council shows that South Carolina’s mileage-death rate (deaths per 100 million miles of travel) was 6.0. This is about average for this section of the country, with four southern states having a higher rate and four having a lower one. Louisiana, with a death rate of 7.3, is experiencing the high est record. Mississippi has 6.7, Georgia 6.2, and Tennessee 6.1. Better than South Carolina’s 6.0 are Alabama with 5.0, Vir ginia 5.3, North Carolina 5.5 and Florida 5.8. With less than one month of * the heavy-travel vacation sea son remaining in 1967, High way Department officials are hoping the present downward trend in the fatality death rate will continue through the year. To avoid most accidents, the Department suggests these pre cautions. 1. Make sure your car is in sound mechanical condition as to such items as brakes, steer ing, lights, horn, etc. 2. Stay alert for danger, drive defensively, and obey traffic laws all the time. Social Security Information “Household workers who fail to give their social security numbers to their employers may lose a part or all of the social security payments which may bo due when the time comes to claim them.” This warning comes from Miss Mar tha Pressly, Manager, Social Security District Office, Green wood. Miss Pressly points out that Constitutional provisions. This attitude, when coupled with an ignorance of basic con stitutional principles, has given rise to the theory of the "living Constitution.” Under such a theory, the Constitution lives more in the imagination of its interpreters than in its original meaning and intent. LEGISLATIVE ACT An Act To Provide For The Council-Manager Form Of Government For The City Of Newberry Pursuant To Chapter 7 Of Title 47, Code Of Laws Of South Carolina, 1962. Be it enacted by the General Assembly of the State of South Carolina: SECTION 1. T he City of Newberry is hereby authorized to establish the council-manager form of government in accord ance with Chapter 7 of Title 47, Code of Laws of South Caro lina, 1962, and to exercise all powers and perform all duties provided for therein. SECTION 2. All acts per formed by the council-manager form of government of the City of Newberry prior to the effec tive date of this act are hereby ratified. SECTION 3. The election and terms of office provided for in Section 47-699.22 of the 1962 Code for cities establishing the council-manager form of government are hereby ad opted for the City of Newberry and shall govern the election and terms of office for officials of that city when the terms of office of eexisting officials ex pire. SECTION 4. Any person who at the time of enactment of this Act who is presently employed or holding any office or ap pointment by the City of New berry, shall be deemed qualified to hold such employment, office or appointment, notwithstand ing the fact that the qualifica tions stated in Chapter 7, Title 47, require specific training or education or status of attorney- at-law. No such person shall be Friday service for Mrs. Metis Mrs. Vesta C. Metts, Pros perity, died Thursday morning at a nursing home after a long illness. A native of this county, she was the daughter of the late Lawson and Althea Evans Bobb. She was a member of the Lutheran Church Of The Redeemer. Mrs. Metts is survived by a sister, Mrs. W. L. Mathis Sr. of Prosperity. Her husband, J. W. Metts preceeded her to the grave several years ago. Funeral services were held Friday at McSwain Funeral Home with Dr. H. A. Mc Cullough conducting the ser- vic.e Burial was in Rosemont cemetery. Active pallbearers were Hu bert Graham, Bobby Shealy, Reuben Jones, Elmer Reynolds, Ralph McEntire, Roy McEn- tire and Rayon Mitchell. discharged by reason of the fact that the requirement of Chapter 7, Title 47, requires specific training or education or status of attorney-at-law. SECTION 5. In the event any part of this is declared unconstitutional, it shall not affect the remaining provis ions. SECTION 6. This Act shall take effect upon approval by the Governor. In the Senate House the 11th day of July In the Year of Our Lord One Thousand Nine Hundred and Sixty-seven. JOHN C. WEST, President of The Senate SOLOMON BLATT, Speaker of the House of Representatives Approved the 12th day of July, 1967. ROBERT E. McNAIR, Governor.