Newspapers / The Chowan Herald (Edenton, … / Oct. 2, 1958, edition 1 / Page 15
Part of The Chowan Herald (Edenton, 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
CONSTITUTION WEEK Editor’s Note: Following is an ad dress delivered over radio station W£DJ in connection with the observance of Constitution Week. The address wsr made liy William D. Fuller and is ojle of several to be published in The Hern; nld by request. It is with a deep sense of re sponsibility that, as a layman, I speak with you about our Con stitution. This is Your Constitution Week. It is important -for you to kncrw your Constitution for there has not been a time when the in terpretation of the Constitution has been the issue as it is to day. ; As Ijj'ou know our government is the vqldest federalized govern ment‘in the world still function ing under its original constitution. It is the first time in our his tory ’ that, at a meeting of the Chief Justices of the various states, a resolution was passed criticizing the U. S. Supreme Cburt decisions as usurping the functions of the State courts. Never in our history has. the sth Amendment been used as a defense to testifying in various in vrstigations and court trials. It raises, the question as to whether or not the original purpose of the sth Amendment has been perverts ed. In fact, it raises a questioh as to>whether we are not in dan ger from subversives who are part and parcel of ideologists whose main purpose is to weaken and overthrow our government but Who take refuge in the sth Amendment. i ■ Then, again, criminal gangsters are taking refuge in the sth Amendment and ordinary persons, as myself, not versed in the law, wonder about the application of the 54h Amendment in such cas es, ai\d begin to lose respect for the ordinary due process of law. to bring criminals to justice. It is quite likely, in criminal cases*' that witnesses may be in timidated from testifying on thd basis *of self incrimination under the provisions of the sth Amend ment* thus frustrating the appli cation of the criminal law and justice. Not Wily is the law and the Constitution at stake but also tine responsibility of citizenship. There are four general fields in the interpretation of the Con stitution with which you should be concerned, watchful and obser vant. These four fields are as follows: First—The delegation of sov ereign . powers inherent in our government. Such delegation may’take place in our negotia tions with foreign powers and un der our responsibilities as a mem ber of the United Nations. This delegation'of our sovereign rights and authority may be done by the Executive Branch of our Govern ment with or without the consent of the Congress as provided by the Federal Constitution. Second—Usurpation, in the in terpolation of the Federal Con stitution, of States Rights and jurisdiction in cases solely falling within the framework of the laws Sell Direct For More Hog PROFIT X ♦ * Wliy sell to the middleman? Selling direct to the ' packer is just as easy . and a lot more profitable. ' Now, the Smithfield Packing Company lias six buying stations giving top prices to hog raisers . . . at Bethel, Murfreesboro, Harrellsville, Edenton, i Sunbury and Scotland .Neck. ’ Get honest weight, too. Each buying station has scales sealed and checked . . . guaranteed 100% £ accurate. So, pocket the middleman’s profit for yourself. Get top direct-to-the-packer prices! Next time t you have hogs ready for market, sell direct to , Smithfield Packing Company, home of famous j , lutsk’s pure pork products, Call the manager of the. Smit hfield buying station nearest you M tor the daily hog market_report. Tl— ft- JiLg. Ii n I.L^ tile .wtHKifl rawing tv. if BETHEL MUftPffiteßOßO EDENTON BUNBURY 1-! Phone PhM337f Phone 3515 ".. Phase 2321 SCOTLAND NECK HARRELLSVILLE and constitutions of the various stated. Third lnterpretation of the Federal Constitution on the basis of social'problems rather than on the basis, of application of funda mentally established legal princi ples. Fourth—Perverted use of the sth Amendment by witnesses in official investigations and in crim inal cases. Such use may eventu ally develop a contempt for all law and frustrate the agencies of the law in bringing about the im position of justice in criminal cases. We are indeed fortunate at the time of the formulation of our Constitution, that we had men familiar with ancient history as well as the then modem history of the times. Remember the fundamental principles of law were not de veloped overnight, but were de veloped through the centuries by men who fought and died for the principles of justice. Remember that our Constitu tion is based on the Magna Car ta which was wrested from an unwilling King John of England. You are familiar with the news item which appeared in the pa pers about three weeks ago about the boy who referred to the fifth amendment. This story has its humorous side as well as its seri ous side. The youngster, 12 years of age, took off with the family automobile. On his ride through the small western town he dam aged the fenders of fifteen cars and finally stopped when he ran into a tree. The police arrived on the scene and started question ing the boy. The boy got out of the car and said, “See here, I am not talking; I am taking the fifth its humorous side but also illus trates how far the attitude toward amendment.” This, of course, has the fifth amendment has perme ated. Then there is the case before the Supreme Court which illus trates the misapplication of the 14th amendment to the adminis tration of decedents’ estate. This involves the famous Girard Col lege case. Stephen Girard was a famous shipping magnate and merchant of Philadelphia. He left the bulk of his estate to establish a school for the education for poor white orphan boys. The school was es tablished. The State Legislature subsequently passed an act enab ling the City of Philadelphia to set up what is called the Board of City Trusts for the administra tion of the Girard Estate as well as for the administration of es tates left to the city for public purposes. The school has a very good reputation and many prom inent men are graduates of the school, such as the President of the Insurance Company of North America, the oldest and perhaps the biggest casualty and indem nity insurance company in the county; also the President, of the Penn Mutual Life Insurance Com- THE CHOWAN - HERALD, EDENTON, NORTH CARO! <ww r f WLmZ..4. ~ '‘iM'vi, •v .BBt \W Jr ’ li i jr. 11 jiprak- w - ’WjmF 1 mi|| I v EL ; ill wm I ~ I 1i 1 Htefeg Elizabeth Taylor wins back the love of her husband. Paul New man. in "Cat on a Hot Tin Roof." MGM filmizalion of the Pulitzer Prize-winning play by Tennessee Williams. Also in the all-star cast are Burl Ives. Jack Carson and Judith Andersan . . . playing at the Taylor Theatre, Edenton, only four days, beginning Fri day, October 3. pany. Several years ago application was made for the admission of two Negro boys. This application was denied on the basis of the terms of Girard’s will which pro vided only for the education of white orphan toys. This was ap pealed through all of the courts in Pennsylvania having jurisdic tion and finally the Supreme Court of Pennsylvania in its de cision upheld the decisions of the lower courts in declining the ap plication of the two Negro boys to admission to Girard College. The case was then appealed to the Federal Supreme Court. The Federal Supreme Court decided that the Board of City Trusts, cre ated under an enabling act of the State Legislature, was an instru mentality of the State and, there fore, could not discriminate in the acceptance of students to the College under the provisions of the 14th Amendment. The case i was then referred back to the Pennsylvania Su preme Court which remanded the case back to the Orphans Court of Philadelphia having original jurisdiction. Inasmuch as it al ways has been considered that the fundamental responsibility of the Orphans Court was the car rying out of the terms of any tes tators will, removed the Board of City Trusts as administrator of the Girard Estate and appointed individual trustees. This action of the Orphans Court was considered as a sub terfuge to get around the decis ion of the Federal Supreme Court and was further appealed to the Pennsylvania Supreme Court. This appeal was denied in a very learned opinion of then Chief Justice Horace Stern. In the course of his opinion, Chief Justice Stern pointed out that he as a Jew would be restrained in his will from providing for the establishment of a home for eld erly, indigent Jewish people un der the opinion of the Federal Supreme Court. This decision of the Pennsylvania Supreme Court has again been appealed to the -=Sdienlei| RHMIr NVC SIfNDfD WHISKEY, 86 PlOOf 1 , kfruVftyjjfeiiilrni'ffi V~ i r 'in ■>* fthViip'i'iVjf"i it. £ VT.ti, * .. Tt Federal Supreme Court, which has as yet not handed down any final decision. However, under the reasoning of its original opinion it would, have uphold the petition of the appellants for entrance of the two Negro boys to Girard College. For if the Board of City Trusts was an instrumentality of the State Government, certainly the Orphans Court, having original jurisdiction, is an instrumentality I of the State Government, created j under the provisions of the State Constitution and the various en abling acts of the Legislature. The terms of a person’s will have always been considered sacred by the courts having jurisdiction and always have been zealous in see ing that the terms of any will are faithfully carried out. How ever, if the final decision of the Federal Supreme Court upholds the contention of the Appellants, then it means that in the future no one will have the right to leave his property for the benefit of any specific charity, but only for general charitable purposes. For instance, you could not leave any fund to the Heart Fund, the Po lio Fund or the Cancer Fund, as under the decision of the Federal Supreme Court it would be dis crimination under the 14th WE BUY LOGS AND STANDING TIMBER Paying Good Prices IN NEED OF LOGGERS WITH EQUIPMENT SMITH BROS. LUMBER CO. Phone 3618 Edenton ILIHA. THURSDAY OCTOBER 2, 1958, Amendment, and the fund would have to be left for general charit able purposes. The Girard College case illus trates the fact the Federal Su preme Court is not basing its de cisions on fundamentally estab lished principles of law but rather on social reasoning which do not always coincide. With this trend people should be familiar for if this type of rea soning is to be maintained then it is the beginning of a new era in the interpretation and application of the law based on social ex pediency rather than on law and justice. j SUNDAY SCHOOL ] [ _ LESSON 1 Continued from Page 6—Section 2 had been with Jesus in the flesh, who had listened to his teachings, and seen his great deeds—were growing old and dying off. He therefore set himself the task of compiling an “orderly account” of those events Which laid the foun dation for Christianity as we know it today. In his writings Luke pays par ticular attention to the activities of John the Baptist. John came from the desert preaching. There; he had cleared his thinking, and had discovered that the hope of his people rested with the Mes-1 siah. He, therefore, lent his voice to preparing the way for the re-! demption of his people. His was the voice “crying in the wilder ness”. Our faith, as we practice it to day, oweg much to Luke and his talent as a chronicler. In his Gos pel Luke furnishes a setting for Chas. B. Morgan Painting and Paper Hanging PHONE 2486 6 Hawlhorne Road EDENTON. N. C. pnHHHW the birth of our religion as we know it today. He chronicles the I political and religious background of the times. The prominent people in government and" relig ion in those days are listed; in fact, had it not been for the writ-; ngs of Luke, the names of the great of that day would be known only to research scholars. Luke j very carefully pinpointed the era , n which Jesus began his minis- j try, by giving the year of the Em peror's reign and listing the name Jf the Emperor, the Governor of, Judea and so on. In the early days of Christiani- j ty Jesus sent h's disciples before! him to “prepare the way.” We are, in a sense, the modern-day disciples of Jesus, and before us still lies much “preparing of the way.” We can, each in his hum-1 ble way. by untiring and devoted ! effort, follow in the footsteps ofj rhe rirany god men, like Luke, i who passed on to the multitudes i down through the years! our great relight u s heritage. Let us dedicate ourselves to this ' purpose, untiringly, unselfishly.' and with the devotion the Lord j our God deserves. (These comments are based on outlines of the International Sun day School Lessons, copyrighted by the International Council of Relig ou s Education, and used by permission.) Notice To The Public I AM NOW OPERATING THE SUNOCO SERVICE STATION formerly operated by Bog Langster on the corner of Broad and Gaale Streets 1 am taking this opportunity to solicit new cus tomers ami to inform regular customers that I t "ill continue the same courteous and prompt service as you have received in the past. Your patronage will he greatly appreciated. I PERRY'S SUNOCO SERVICE 1 j LYNN C. PERRY. Owner Li —ii,ll 1,1, II I I for top quality...for fop safsly.-.10, mjy | ) yTI ° ES/ WORRY-FREE DRIVING DEPENDABLE FOR 64 YEARS CHECK OUR "SMART BUY" j|9jj TRUCK TIRE SPECIALS „ _____ «OAD TRAC ABMOR TRAC Scott & Ackiss Recapping Co. 105 West Eden Street Edenton, N. C Phones: Edenton 2688. Elizabeth City 7813 late from BBS ' " school, j ~~~ Lit tip Johnny is paying the piper for acting up in school today, l orlimately. however, his mother doesn t have to worry about his. late arrival home. A seemingly unimportant telephone eall so often means so nnieh in terms of peace of mind. Small wonder telephone service is toduv's biggest bargain. \\ The Norfolk & Carolina / / Telephone & Telegraph Co. TRY A HERALD CLASSIFIED AD f—SECTION TWO PAGE SEVEN
The Chowan Herald (Edenton, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Oct. 2, 1958, edition 1
15
Click "Submit" to request a review of this page. NCDHC staff will check .
0 / 75