The Farmville herald., September 18, 1962, Page 4A, Image 4

About The Farmville herald. (Farmville, Va.) 1957-current

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The Farmville Herald .
PUBLISHED EVERY TUESDAY AND FRIDAY
All communications and monies should be Addressed
to THE UEKALD. Farmville. Virginia.
Entered as second-class matter at the postoffice at
Farmville, Virginia, under Act of Congress of
March 3, 1789
Member
Member
Virginia Press Association
National Editorial Association
TUESDAY, SEPTEMBER 18, 1962
Save The Constitution
rphis week, September 17-23 has been
4 proclaimed Constitution Week. Pa
triotic societies throughout the nation
urge its celebration in an effort to bring
the provisions of the U. S. Constitution
before the people. Unfortunately, in the
past 30 years provisions of the Constitu
tion have been chipped away by degrees,
gradually, to such an extent that the
average person fails to realize the rich
ness of living under this Constitution.
Politicians have fostered and supported
liberalization of Constitutional precepts
often for their own benefit. Liberal
members of the U. S. Supreme Court
have contributed by interpretations
never so intended by the framers of the
Constitution. Celebration of Constitu
tion week nationwide is possibly the
most important week of the year.
Many pay homage to the principles
of the Constitution. This is not enough.
Action is needed. Action must come
from the grassroots, from the common
people, if you will.
Governor Ross Barnett, of Missis
sippi, this week has challenged the inter
pretation of the Supreme Court in the
Brown school case. It is unfortunate
that the emotional race issue is the bas
is of this challenge, but if there was
no emotional issue Governor Barnett
would not be heard. Ove^ the years the
Courts have stretched the provisions of
this document though interpretations in
unemotional issues without a voice be
ing raised. Governor Barnett raises con
stitutional questions and swears to
stand by his opinions. Such statements
have been made before by others, but
we trust the Mississippi governor will
bring this issue before the nation and
a free and intelligent discussion be had.
Governor Barnett offers the oppor
tunity to all Americans to rally on a
constitutional issue. It may be the last
chance.
We Invite You
Wfe invited you to read the article
printed below, which deals with the
U. S. Constitution, written by a student
of constitutional law, a circuit court
judge, and a man unfraid to speak his
convictions knowing them to be correct.
Constiutional Government In Grave Danger
One Hundred and seventy-five
years ago, lacking two days, the
Philadelphia Convention com
pleted its labors and submitted
to Congress the finished draft
of the Constitution of the United
States. A new type of Govern
ment was proposed to the States
for ratification. The Federal
system thus inaugerated created
a central government of limited ,
Powers, reserving all powers not
delegated to the central govern- I
ment to the states. This great i
document, by Articles I, II and
III thereof, separated the pow- i
ers thus delegated to the Gov- \
eminent of the United States in
to three distinct departments, i
Legislative Executive and Jud- j
ical. The wise and scholarly men
who devised the Constitution
of the United States had grown
up under the autocratic govern
ment of George the Third and
understood thoroughly that it
was the nature and disposition of
mankind to seek and obtain pow
er over their fellow man where
the opportunity was afforded
them to accumulate power by
directive and decree having the
force and effect of law. They
realiztd that the power to make
law should be confined to per
sons elecU'd to office at frequent
intervals by the people in limit
ed areas scattered throughout
the states and the land. In order
to safeguard this principle they
wrote the first sentence of the
Constitution, Article I. Section
(1) as follows:
“All legislative power herein
granted shall be vested in a
Congress of the United States,
which shall consist of a Senate
and House of Representatives.”
The wise and scholarly men
W'ho gathered in Philadelphia
understood clearly what was
meant by the words "legisla
tive powers.” Students of Politi
cal science throughout the years
have never doubted what was
meant by the words "legislative
powers." It meant in 1787. and
it means now. the power to
make law. Legislative power is
th peower to make law, and if all
of that power is vested in Con
gress. none of it is vested in the
Supreme Court or in the Presi
dent.
The wise and scholarly men
who gathered at Philadelphia
were also solicitous as to what
agency in the government should
make laws or promulgate reg
ulations for carrying into execu
tion the powers delegated to
the central government. They
recognized that the Constitution
was not self-executive; that all
of the powers delegated would
never be exhaustively used; that
conditions as they obtained and
the determinaion by the peo
ple should be conclusive as to
when and how certain powers
should be carried into execution:
and that the representatives pf
the people and of the states
should have the exclusive power
to initiate the carrying in ex
ecution of all powers delegated
to the Government of the United
States. They, therefore, wrote
into the Constitution i Article 1,
Section i8>, Paragraph 18> the
following provision:
“Congress shall have power:
To make all laws which shall be
necessary and proper for carry
ing into execution the foregoing
powers, and all other powers
vested by this Constitution in the
Government of the United States,
Editor's Note: Judge Wil
liam Old of Chesterfield,
spoke Saturday, evening, at
the Constitution Day Obser
vance sponsored by. the
League of Conservative Vot
ers held at Parker Field in
Richmond. Judge Oid is well
known in this area, a na
tive of Powhatan County,
graduate of Hampden-Syd
neney and Washington and
Lee Law School.
or in any Department or Officer
thereof.”
This provision is as explicit as
words can make it. It places up
on the elected representatives
of people the exclusive duty of
determining what delegated
powers should be carried into
execution the extent and the
conditions under which they
should operate. It provided that
"all laws which shall be neces
sary and proper for carrying in
to execution" all delegated pow
er should be made by Congress
in the white light of publicity
which characterizes the legisla
tive or parliamentary process,
and that they should not be for
mulated behind the closed doors
of executive offices or in the
judicial conference rooms.
The Constitution is written in
plain words and with exquisite
simplicity. Since the central
government which was being de
vised was a government of lim
ited powers and those powers
being such as were delegated
expressly or by necessary im
plication, the Philadelphi Caon
vention did not consider it nec
essary to append to the Consti
tution a specifically stated bill
of rights. However, in conven
tions called by the states to con
s;c'er ratification, wise statesmen
and patriots, such as Patrick
Henry7 and George Mason here
in Richmond, insisted that a bill
of rights be appended to the
Constitution, Ratification was ac
corrlplished by a gentlemen's
agreement that the bill of rights
would be appended to the Con
stitution by amendments as soon
as the Government of the United
States should be set up. This
was done by the first ten amend
ments. The Tenth Amendment
which was designed to prevent
the erosion of the reserved and
sovereign powers of the states
reads as follows:
“The powers not delegated to
the United States by the Con
stitution, nor prohibited by it to
the States, are reserved to the
States respectively, or to the
people.”
Following the tragic Civil War
the Fourteenth Amendment was
forced at a time when ten
Southern States had no rep
resentatives in Congress. Rati
fication of this amendment
technical at best in the Southern
States, was forced by military
duress. The Fourteeth Amend
ment was not placed in the Con
stitution by consent of the gov
erned in the manner prescribed
by Article V.
Excluding the period of the Ci
vil War and the Tragic Era of
Reconstruction following it, for
150 years the Government of the
United States operated reason
ably within the principles of Con
stitutional Government as de
signed by the Philadelphia Con
vention. That is to "ay: The
States were reasonably free, in
the execution of their respective
reservd and sovreign rights
from intervention and enroach
ment by the Federal Govern
ment, United States were rea
sonably free from enroachment
in the exercise of their respect
ive Constitutional powers.
During the past quarter cen
tury the Government of the
United States has undergone
drastic and destructive change.
Twenty-five years ago, Presi
dent Roosevelt undertook to
pack the Supreme Cour tby legi
slative enactment. His purpose
was to change the Constitution
by judicial interpretation, by
passing the amendatory process.
Congress refused to pack the
Court but the result was ac
complished by President Roose
velt and the succeeding Presi
dents by filling vacancies un
der the President's appointing
pewter. Under this process, the
Supreme Court notably during
the last decade has undertaken
to make law by interpretation;
it has carried its interpretation
of Constitutional power into exe
cutio nwithout an ylaw made by
congress in violation of the ex
plicit words of <the Constitution;
it has turned the Constitution in
to an instrument of judicial
tyranny by proclaiming it to be
self executive against the very
nature of the Constitution and
in violation of explicit
provisions which it has ignored
in its opinions. In the opinion of
Chief Justice Warren in the
Brown decision of 1954, the
Supreme Court held that the
intention of Congress in framing
and proposing the Fourteenth
Amnedment regarding separate
schools for the races was incon
clusive and then proceeded to
make conclusive against the
States that which it had held to
I be inconclusive. This was done
! without making even a passing
reference to the Tenth Amend
ment. Time does not permit me
I to analize this decision and many
others. Abraham Lincoln, in his
first inaugural address laid this
j whole proposition which we now
■face squarely on the line. He
said:
“The candid citizen must con
! fess, that if the policy of the
government upon vital questions
is to be irrevocably fixed by
the decisions of the Supreme
Court — the people will have
ceased to be their own rulers,
having to that extent practically
resigned their government into
the hands of that eminent tri
j bunal."
The Constitution has existed
during seven consecutive quart
|.er centuries. I shudder to think
j what will happen to it during
; the next twenty-five years if
the unconstitutional principles
and policies of the Warren
Court are not reversed by the
people. I am a conservative. I
believe in the conservation of the
great principles of checks and
balances set forth in the Con
stitution and in the principle of
drividing and distributing politi
cal power into different deposi
tories. I believe in the conserva
tion of the sovereign and reserv
ed powers of the States and in
freeing the States from the
thraUdom now being imposed up
on them by the Warren Court.
In short I believe in the Con
stitution.
W. D. Workmon
Rights Demand Responsibility
American moral standards are
being undermined by what
could be called a judicial “law
of relativity” — that is, an as
sumption tha whatever is tol
erated by the community is ac
ceptable in the eyes of the law.
This legal indulgence has not
yet eaten away the safeguards
against criminal behavior, for
there yet remain absolute
standards of right and wrong in
that field. But in the area of ob
scene literature, the code of
legal acceptability is steadily be
ing watered down, as Americans
appear to become more "broad
minded” and tolerant.
Of course, we Americans are
traditionally opposed to censor
ship — whether it be of our
mail, our speech, or our litera
ture.
Furthermore, the Constitution
of the United States, and those
of most of the states, do safe
guard freedom of speech — and
properly so. For there always
exists the grave danger that any
individual or board which is
charged with censorship may
suppress ideas, free speech, or
dissent.
But there should be some point
at which liberty becomes dis
tinct from license.
The courts have often held
that freedom of speech does not
give a man the right to falsely
shout “Fire!” in a crowded the
ater. Likewise, freedom of the
press should not give a blanket
authority to publish mateial and
photographs which are obvious
ly obscence.
The difficulty is to determine
just what is “obscence'' in the
legal sense. Today, our courts :
■sq|m td be leaning toward the
measuring devices of commun
ity standards and possible lit
erary worth. And these are
tricky meters — far removed
from any absolutes.
Take, as a recent example,
the comments of the Massach
usetts Supreme Court concerning
Henry Miller's book, “Tropic of
Cancer" — an example of the
sort of material being peddled
as “literature” under current
lax standards.
The Court found the book
“repulsive, vulgar, and grossly
offensive in the' use of four
letter words, and in the detailed
and coarse statement of sexual
episodes.” YET the Court also
found that the book “has ser
ious purpose, even if many will
find that purpose obscure."
A few months earlier, the U.
S. Supreme Court permitted the
postal distribution of admitted
ly homosexual magazines — on
grounds that they did not fall
into the category of “obscene”
matter. The question, said the
Court, was “whether to the av
erage person, applying contem
I porary community standards.
I the dominant theme of the ma
terial taken as a whole appeals
to prurient interest.”
In saying that homosexual
magazines do NOT appeal to the
“purient interest” of the average
person, the Supreme Court said
it was applying the test of a
“national Standard of decency.”
Just how the justices went about
arriving at this “national stand
ard" was not explained -in the
court's decision.
'But the question naturally
arises — does legal obscenity
become more and more re
mote as standards become
more and more lax?
If such be the case, are we
not embarked on a downhill spi
ral — which inevitably means
that the moral tone of a com
munity, whether local or nation
al, will continue to degenerate,
so long as “standards of de
cency” are relative rather than
i ___
absolute?
Undoubtedly, there are seg
ments of our population which
will placidly accept this degen
eration. But what of those per
sons who hold to high stand
ards. regardless of local laps
es? Sooner or later, they will
be faced with a choice of isola
tion or surrender.
The possibility brings to mind
those lines with which Alexand
er Pope described the “fright
ful” look of Vice. The monster,
he said, needs only to be seen
to be hated,
“Yet seen too oft, familiar with
her face.
We first endure, then pity, then
embrace.”
Parents who are concerned ov
er the exposure of their children
to such indeciencies must adopt
the only defense — the develop
ment of a built-in sense of moral
ity in their children themselves.
We Americans who look to
the courts for protection
against the creeping obscenity
of print and photography may
soon be looking in vain.
Letter To Editor
Integration Masked
As Public Educatian
Editor of Herald:
Mr. R. C. Simonini, Jr., in his
defense of Dr. Gordon Moss said
that the real issue advocated by
Dr. Moss was public education
and not side issues and "red
herrings", which have led the
discussion away from the real
issue.
The real issue in Prince Ed
ward County is integration not
public education. Like a burg
lar. clothed as a Halloween
prankster to conceal his iden
tity, integration is wearing the
garments of public education. I
w'ould like for Dr. Moss and
Mr. Simonini to look beyond dis
guise and see the real issue.
Mrs. Virginia Smith fO.T.)
Prospect. Va.
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Babson Discusses The “Common Market”
BABSON PARK, MASS.. Sept.
17 — A very serious threat to
U S. labor and its union leaders
is the European Economic Com
munity or “Common Market.”
This'Federation of six European
countries has a population near
ly equal to that of the United
States. The people within' the
area are intelligent and indus
trious. In existence only four
years the Common Market has
shown tremendous industrial
gains; its industlial growth
rate, in fact, is , triple that of
our own country. The primary
aim of the Common Market is
to eliminate long-standing ob
structions to free trade, to give
free enterprise every encourage
ment to operate. The Common
Market now has a tremendous
production potential wherein a
corrtbination of lower taxes and
labor costs, liberal anti - trust
laws, and friendly government
permit the output of high-grade
manufactured goods which can
be sold in the United States at
prices lower than for similar
quality U. S.-made goods.
Hence, labor leaders Here at j
home who advocate that mem- !
bers strike for higher wages ]
Merely increase the sale of ;
Common Market merchandise in
the United States. They thus
compound their members’ un
employment problem. Those
who ask the government to
“make work” simply assure for
themseles higher taxes and
higher costs for the domestic
product — and again boost the
sale of imports. And yet, no la
bor leader hoping to keep his
job is going to ask his members
to accept lower wages!
Crackdown by Government?
The President, through his
Council of Economic Advisors,
i indicated early in the year his
wishes with regard to wage
i rates. It was implied that a
there per cent rise in wage
benefits each year would be
considered noninflationary wage
behavior. The theory is that pro
! ductivity has increased an aver
age of three per cent annually
over the past 50 years and
therefore this should provide a
reliable guidepost for the re
wards that labor is entitled to
in the future. Inasmuch as no
labor leader of today could hope
to hold his job on that basis, it
came as no surprise that the
President's advice was repeat
1edly ignored.
Less than six months ago the
steel industry deliberately con
troverted the Administration's
wishes and raised steel prices
three per cent. The President's
immediate reaction left no doubt
as to his displeasure, nor as to
the manner in which he planned
to punish -the industry. Subse
quent repercussions extended far
beyond the steel industry into
the stock market—and even up
set the national economy. Using
the steel fiasco as a warning,
labor leaders now seem in
tents on daring the President to
crack down on them, despite the
15 million votes in their mem
berships. He has lost his temp
er before. Will he lose it again
with union labor flaunting its
gains in his face?
What Can Be Done?
The best solution to the di
lemma is for labor leaders to
adopt a more realistic attitude
and to cooperate wholehearted
ly with the President’s request
for moderation in wage demands
for a reexamination of feather
bedding practices in all indus
tries, and for % re-dedication of
labor to the old ideals of a fair
i day’s work for a fair day’s pay.
Only in this way can labor
leaders escape censure by the
President and the people, and
avoid the risk of adding to our
already disturbing unemploy
ment totals.
Faiure to take such action
would both indicate lack of re
spect for the President's views
and also demonstrate to union
members the economic ignor
ance of their American labor
leaders. Even now, they fail to
recognize—or to accept—the po
tential of the European Com
mon Market. With England and
most of Europe asking to join,
a Community of 3(H) million
people will soon become a most
powerful force in world affairs.
The Governor's Highway Safe
ty Committee backs the Ameri
can Medical Association which
says that even two drinks can
bring driver impairment. Too
many drivers think several
drinks won't adversely affect
their driving and find out
they're wrong too late.
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Good Clean Used Car
1956
FORD
1956
PLYMOUTH
1954
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1956
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1956
CHEVROLET
1957
MERCURY
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210 Tudor Sedan.
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1957
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1958
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4 Door Sedan V-8 Motor. Good CLEARANCE
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Fairlane 2 Door Sedan, Heat- CLEARANCE
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