Newspapers / The Waynesville Mountaineer (Waynesville, … / March 19, 1956, edition 1 / Page 9
Part of The Waynesville Mountaineer (Waynesville, N.C.) / About this page
This page has errors
The date, title, or page description is wrong
This page has harmful content
This page contains sensitive or offensive material
MOBS ABOUT Letter To Editor (CmUbm4 from Page t) rules that are set up. I am sure that you understand a club is something to be proud of. The adults have their Kiwanis clubs, their Lions clubs, and there is also the Masons! All of them are proud of their clubs. For it is something to be proud of for them.' A club was set up on Pomona, Calif, with the result of all rac ing to be done only on their offi cial "drag strip," which was set up by official recognition of the people of that city. A police offi cer is president of their Hot Rod Club. His name is Bud Coons. I will get a letter off to him in the next few days and have him to send you his detailed procedure on his course of action. So for the sake of this genera tion and the next, try to solve it In this manner! Talk to some company who builds highways and get his estimate on the cost of such a "drag strip". It could be paid for in about two years ? by the teen-agers and all the peo ple that use it. Or you could sell bonds on it. All I ask is that you think it over. There are advantages and disadvantages. The advantages more than make up for the dis advantages, I think! Give these racers a "playground". Keep them off the highways and especially out of our prisons. We want citi zens, not criminals! And that is what prison will do for them. Give them their "drag strip" and make them better citizens. Get some of the teen-agers to talk with you on this subject. And let everyone know about It. It Can't Get Rid off Your Cold? Tim try 866. the wide-scthrity med icine, far greateet effectiveness ?liinst all symptoms of all kind'? of colds. 666 combine# 4 potent, wkiely p rose ribs d drufi end fives positive dramatic reeulta in s matter of hours. Its combined therapy covers the ramplrte range of ett cold symptoms. We other cold remedy 4P tan match 666 liquid or 666 Cold Toilet*. \J \J \J MORE ABOUT W. H. F. Millar % (Continued from File 1) the change in me. To me, there is an alarming lack of Judicial capaci ty among-all members of the Court. If you arg skeptical of this, look at the lack of unanimity in their opinions. When w# had jurists on that bench there was seldom a dis senting opinion?all good legal minds thought alike?they followed adjudicated principles. "On many occasions during re cent years the Supreme Court has to all intents and purposes usurped the power of Congress and the States to amend the Constitution. The abuse of power was made man ifest long before the decision in Brown vs. Board of Education, which repudiates, solely upon the basis of psychology and sociology, the interpretation placed upon the 14th Amendment in respect to raci al segregation by Federal and State courts, the Congress itself, and the executive branches of the Federal and State governments throughout the preceding 86 years. Time does not permit me to cite all the cases supporting my present contention. I mention only one, namely, Wil liams vs. North Carolina, where the majority of the Court altered the meaning of the full faith and credit clause of the Constitution by overruling the holding of Haddock vs. Haddock to the effect that a State court, even of the plaintiffs domicile could not render a judg ment of divorce that would be en titled to Federal enforcement in other states against a nonresident who did not appear and was not personally served with process. In so doing, the majority of the Court held, as the late Justice Jackson asserted in his dissenting opinion, that 'settled family relationships may be destroyed by a procedure that we would not recognize if the suit were one to collect a grocery bill.' "In addition to its revolutionary decisions on constitutional and sta tutory subjects, the Supreme Court has substantially impaired the doc trine of stare decisis (the decision stands) and the stability of the law will do some.good! A fellow citizen. Freddie F. Wright San Francisco, Calif. of the land which this doctrine formerly Insured by overruling, repudiating, or Ignoring Its estab lished precedents of earlier years. Former Justice Owen J. Roberts, a recent member of the Court, and then one of two survivors of the Nine Old Men. In 1044. made this comment in this connection In his dissenting opinion in Saslth vs. AU wrixht: The reason for my concern is that the instant decision, over ruling that announced about nine years ago, tends to bring adjudi cations of this tribunal into the same class as a restricted railroad tjeket, good for this day and train only. I have no assurance in view of recent decisions, that the opinion announced today may not shortly be repudiated and overruled by the justices who deem they have new light on the subject. In the present term, the Court has over ruled three cases.' Not long after that Roberts resigned in disgust. "It must be added, moreover, that the Supreme Court has handed down numerous -decisions which place limitations on the power of the several States wholly inconsist ent with the constitutional prin ciple that the States of the Union are indestructible. This is particu larly true in the field of criminal law. By their virtual abolition of the doctrine of res ad judicata. these decisions make it extremely difficult for the States to enforce their own criminal laws against their own citizens in their own courts. "To satisfy these decisions, some States have been compelled to enact statutes providing for post conviction hearings, which, in plain English, permit the accused to try tlje State court after the State court has tried the accused. "Other decisions of the Supreme Court sanction a practice by which the lowest court of the Federal judicial system, to wit, the United States District Court, can set at naught the decisions of the highest court of a State. This practice seems particularly Ironic and in defensible in the light of Alexan der Hamilton's explanation as to why the Supreme Court was in vested with original jurisdiction in cases 'in which a State shall be a party'. His explanation was as fol lows: 'In cases in which a State might happen to be a party, it would ill suit its dignity to be turned over to an inferior tribunal.' "The question naturally arises: Why does the Supreme Court of the United States prefer to make constitutions and laws rather than interpret them? "The answer to this question ap pears in the assurance which Alex ander Hamilton gave to the States when he was urging them to ratify the Constitution. It is simply this: The majority of the members of the Supreme Court during recent years have been either unable or unwill ing to subject thtmselves to the restraint inherent in the judicial process. "When all is said, it is not sur prising that this Is so. The custom of past generations of appointing to membership upon the Supreme | Court men who have worked long and laboriously in the administra tion of justice either as practicing lawyers or as State judges, or as judges of Federal courts inferior to the Supreme Court, has been more honored of late in its breach than in its observance. "The Supreme Court, standing Arm and adamant as a bulwark pro testing the constitutional rights of * , citizens and of the ?tat?s, had re fused to go along with the New Deal thinking and bad the temeri ty to hold several at, the New Deal Acts to be unconstitutional?I am not criticizing the Roosevelt admin istration ? many of its acts are praiseworthy ? but some of its schemes were clearly unconstitu tional. "This irked the Administration and it began to deride the Supreme Court and to talk about the 'Nine Old Men' as if they were in their dotage. Then the political clamor arose to pack the Supreme Court. Congress could have increased' the number of judges ? I think they talked about 25. "About that time the constitu tionality of the Wagner Act (fore runner of the Taft-Hartley Act) was up for consideration. That Court, in one of the then rare cases of a lack of unanimity on the bench, split five to four and in an opinion written by Chief Justice Hughes, held the Act to be consti tutional. This shocked many law yers?it shocked me. In later years as I re-read the opinion, I am satis fied Hughes was right. "The clamor then to pack the Court subsided somewhat although the pressure was on for the judges to resign, the threat being that the Court would be packed?robviously not with jurists but with political appunn.ees. i iiiuiK 11 is signincani that since that time not a single ap pointment to the Supreme Court has been of a man of eminent judi cial attainments ? the attributes described by Alexander Hamilton. Bather they have been of politici ans defeated for re-election or those to whom someone owed a real or fancied political obliga tion. "Why do Presidents ignore the numerous servants of the law who have performed years of devoted judicial service on State courts and on Federal courts Inferior to the Supreme Court, when they are called upon to make appointments to the Supreme Court? We have many ably fitted to become out standing members of the Court. "These facts are significant, and astounding: "1. No member'of the Supreme Court as it is constituted, ever served as a judge of a court of general jurisdiction, either State or Federal. "2. No member of the Supreme Court as it Is now constituted, ever served as a judge upon an appel late court in any ope of the 48 states; and "3. Only two of the nine mem bers of the Supreme Court as it is now constituted, ever served as an appellate judge on any Federal court inferior to the Supreme Court before he was elevated to his present office. Moreover, few of them have devoted their major ef forts to the actual practice of law. "Why, when political appoint ments began to be made, did we not awake to what the inevitable result would be? Why didn't we do something about it then? "What we have now on the Supreme Court is the sequel to the 'Nine Old Men'. They are di rectly responsible for our present predicament. "Can you imagine the Nine Old Men, or any other Court composed of jurists qualified to be members of the Supreme Court, overruling precedents of long standing, abridging State's rights and virtu ally amending the Constitution in conformity with their own notions? I csm't. "It is high time for the bench, the bar, and particularly the peo ple of the United States to do something about it. What can we do? "We can put into the Constitu tion that check which Hamilton persuaded the Convention to omit. So amend Constitution so as to in sure that in the future only men will be selected for service upon the Supreme Court who possess those qualifications which Alexan der Hamilton said fitted men for the station of Judges, and because of their ability and willingness to subject themselves to the restraint Inherent in the judicial process. Interposition and manifestos are stop-gaps. Let's attack the cause. Poll Candidates. "Having in mind that such an amendment must first be adopted by a 2/3rds majority o'f both Houses of Congress and later rati fied by 3/4ths of the States, in my opinion, it would be folly to base such a campaign on outrage at the segregations cases, you could never get 3/4ths of the States to ratify that, but there are many other cases (any competent lawyer can find a score) where the Supreme Court has changed the law. ampli fied the Constitution and usurped the powers of the States, that a good case can be made out without specific reference to the segrega tion cases. We must do something about It. "In these remarks, I am a very feeble voice crying out in the wilderness?a wilderness of doubt and confusion. I offer as an ex cuse that I was trained, to uphold the Constitution, I have sworn to do so both as a lawyer and as a soldier?I love it and I know that an indlssoluable Union composed of indestructible States cannot en dure if our government of laws does not survive.'' 10th ANNIVERSARY SPECIAL The Lowest Price Ever I On This BRAND NEW 1956 \ < GENERAL DAM 0 E EIECT,|C IfnllUL ^ Modern Pushbutton II ? Big, Wide-Open Master !L^^B^2rjR^K 1? Oven WHHlnn|| ? High Speed Calrod W "Focused Heat" For Limited Time Only , $15095 = | ^ Range HAYWOOD ELECTRIC SERVICE Main Street 11 Haze I wood I said New Telephone / Directory tfTjQl C10SES tsTStSoonr Last Call for... EXTRA LISTINGS ... CHANGED LISTINGS. . . NEW LISTINGS ... ADS IN YELLOW PAGES Your son or daughter would enjoy that "I'm in the phone book" prestige. And personal listings are valuable to members of the fami* ly whose names differ from yours. Too, ad. ditional listings for key members of your firm are real business builders. The cost is low. Please notify as if you wish to make any changes in your present listings. MR BUSINESSMAN: Your ad in the Yellow Pages sells for you euery day in the year. Call the Teleo?"*ne Business Office. v Southern Bell Telephone and Telegraph Company J MARGARET TRUMAN AND FIANCE , MARGARET TRUMAN Is shown In New York with Clifton Daniel Jr? a news correspondent, as their engagement was announced by former President Harry Truman in Kansas City, Mo. He said they would be wed next month in Independence, Mo. The exact date had not been set Rumors of t^e romance followed a week-end visit of Miss Tru man to members of Daniel's family In Zebulon, N. C. Daniel has been assistant to the fdrelgn editor of the New York Times, since return ing from an assignment as Moscow correspondent (International; Prisoner Hurt In Wreck Gets Term Reduced A Haywood County convict whose skull was fractured in a prison truck accident has received a reduction of one year in his sentence, the State Bdbrd of Pa roles announced today The board said Gov. Hodges granted the commutation to Gene Watts, injured when a prison truck overturned while en route from Waynesvllle to Ashevllle. Watts, 29, was sentenced from Haywood County last December to * 7-10 years for breaking, entering and larceny and forgery. The com mutation cut the sentence to 6-9 years. il Chamber To Take Orders For Dogwood Orders for dogwood trees will be taken again this year by the Chamber of Commerce, according to Ned J. Tucker, executive vied president, who said that all orders must be in by Wednesday noon, March 28. Available for planting are pink dogwood in three sizes and price ranges and one size of white dog wood. Pink dogwoods ranging between three and four feet high cost $3.29 each, those from 30 to 36 Inches high are $2 each, and those from 24 to 30 inches high are $1.50 each. White dogwoods from four to Ave feet high are $2.90 apiece. The dogwoods will be delivered to Waynesville on Saturday, March 31. New TV Signed Seen For Area Officials of WSPA-TV, Spartan burg, have announced the> hope to be on the air within six to eight weeks. Walter Brown, president, said the FCC gave the station a "green light" to go on the air, and he added, "we will do all in our pow er to get on the air as soon as possible." The construction has been delay ed by court action for the past two years, and now will push for early operation, Brown explained. The Spartanburg antenna will be on the same mountain as the Greenville TV station, and will be channel 7. Local television technicians said that homes that can now get . Greenville (NBC) should be able to get a good Spartanburg signal, which will be a CBS affiliate. GOGOlf for Drown Oil HEATI ?*.'*?d, ?' gjjp ktalini oil PHONE GL 6-8309 ENLOE & REED DISTRIBUTORS Lake Junaluaka j hi m Bit'em aft together for *56 2? and you get this '56fbrdV8 "Mainliner Special" i ~ Here's everything you want in your new Ford V-8?at surprisingly low cost! If your present car is of average value, it should more than cover the down payment. Low monthly payment includes all equipment listed above. State and local taxes and license extra. For a limited time only! ? This "Mainliner Special" is offered for a limited time only, so come in today. Gat a real deal on this *56 Ford and enjoy ft full gprin- ?nd summer of new-car fun! PARKWAY MOTORS, Inc. Haywood Street FRANCHISED DEALER LICENSE NO. 1398 WayndSvilk
The Waynesville Mountaineer (Waynesville, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
March 19, 1956, edition 1
9
Click "Submit" to request a review of this page. NCDHC staff will check .
0 / 75