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WEIMAR JONES
Editorial Page Editor
THURSDAY, APKIL 9. 1959
'THIS IS THE LAW*
One Man Made It So
? Nor shall any person be subject for the same offense to
be twice put in jeopardy of life or limb.
Those words are from the American Bill of
Rights, a series of ten amendments adopted as a
sort of postscript to the U. S. Constitution. Their
purpose was to make sure, beyond any shadow of
doubt, that the rights and liberties of the individual
are protected from encroachment by government.
They arc simple words. The meaning is clear ?
once a man has been tried, whether he is convicted
or acquitted, he may not be haled into court for
trial a second time for the same offense.
That provision of the Constitution has remained
unchanged for 170 years; the words say just what
they said when they were adopted. In all that time,
in fact, never once has it even been proposed that
they should be changed.
That part of the Constitution still reads the
?same ; but it has been changed. The U. S. Supreme
Court ruled the other day that the words don't
mean what they plainly say. The Court so ruled
when it upheld the conviction and life sentence, in
a state court, of a man who earlier had been tried
and accpiitted in a federal court.
And since the opinion was by a 5-to-4 vote, we
have the spectacle of one man ? the fifth justice
voting to uphold ? repealing a section of the Con
stitution, and a section of the people's Bill of
Rights, at that !
If that seems a strong statement, consider the
even stronger statement of a member of the Court
itself ? of Justice Brennan in his dissent.
He spoke of "unconstitutional federal action in
the case". He said federal authorities were dis
pleased by the federal court jury's verdict and
"solicited the state indictment, arranged to assure
the attendance of key witnesses, unearth additional
evidence to discredit Bartkus (the defendant) and
one "of his alibi witnesses, and in general prepared
and guided the state prosecution".
What he seems to be saying is that federal
authorities were determined to get a conviction,
regardless of the Constitution ? and that the Su
preme Court upheld them in that resolve.
If a man can be tried twice for the same offense,
why not three times or four times? Why, in fact,
may he not continue to be tried until a jury can be
found that will convict ? There is, of course, no
satisfactory answer to that question; and the fact
that there is none undoubtedly accounts for our
centuries-old belief, voiced by another dissenter,
Justice Black? the belief that "one trial and one
punishment were enough".
Or consider I ho even stronger protest of Justice
Black:
"The Court's holding", he declared, "further
limits our already weakened constitutional guaran
tee against double prosecuting.
"Fear and abhorrence of governmental power to
try people twice for the same conduct is one of the
oldest ideas in Western civilization . . . Few prin
ciples have been more deeply 'rooted in the tradi
tions and conscience of our people'."
But, he continued, "after today" prosecutors who
lose trials will 'he quick to try to arrange second
trials in another jurisdiction.
This is not the first time the Supreme Court has
tampered with this guarantee against repeated
trials. Though few .people, have been aware of it.
it .seems that the Court, as long ago as 1922, ruled
that a federal court may try a man for an offense
he already .has stood trial for in a state court. Now
that doctrine has been- extended to give state courts
the same authority to violate the Constitution that
already had been granted the federal courts.
While this is perhaps the most flagrant case of
the Supreme Court's refusing to admit that words
mean what they say, it is not the first time, either,
that the Court has tampered with other provisions
of the people's I'ill of Rights. And surely; unless
the Court is checked, it will. not be the last.
Unless the people protest -unless, indeed, they
find a way to resist ? this continued judicial theft
of plainly .stated guarantees, in another generation
the people will have lost the right either to resist
or protest.
We may be willing to tell a story twice, never to hear it
more than once. ? William Hazlitt'.
Something New
That is an intelligent, a well-balanced program
President J. C. Jacobs has outlined for the Frank
lin Chamber of Commerce in the coming year.
Mr. Jacobs proposes that ihe organization con
tinue to emphasize the tourist trade as the best
and greatest source ot
new dollars for the
community; seek "the
right kind" of indus
tries; push for a pro
gram of wholesome rec
reation, "for our own
people, as well as for
those who come to visit
us"; and take the lead
in a movement to estab
lish a farmers' market.
That last is new. It
shows imagination. It's
practical. It will fill a
need.
Economically, nothing
is worse needed in Ma
con County than a
J. C. JACOBS
market, where the farmer can sell his products.
As Mr. Jacobs has pointed out, its value will .be
equal to "a sizable industry".
Beyond that, it will tend. to further tie town and
country together. Incidentally, the advantages of
being able to buy produce garden-fresh, already
demonstrated by the smaller women's curb market,
will make such a market a boon for the consumer.
The other three objectives outlined by President
Jacobs are good ; this onev is excellent. Even if
nothing else were done during the entire year, the
successful establishment of a farmers' market h?re
will make the coming year's chamber of commerce
administration a red letter one.
What Is Inflation?
What is this "inflation" we keep hearing about?
Well, if you could buy an article last week for
15 cents, and if you have to pay 20 cents for the
identical article this week, that is inflation. Simply
stated, it is the cheapening of money, so that it
takes more and more money to buy the same
things.
Those patriotic Americans who bought U. S.
bonds during the war found out what inflation
is ? and what it does to us ? when their bonds
matured. They did, that is, if they stopped to fig
ure. Because they could buy more in, say, 1943,
with the $18.75 they paid for a bond than they
could, in 1953, with the $25 they got for it. In
other \Vords, they, loaned their money to Uncle
Sain for ten years, and got hack less, in what it
would buy, than they loaned ? even though the
government went through the motions of adding
interest to the principal.
Other results of inflation are shown by tables
compiled by T. Coleman Andrews, former U. S.
commissioner of internal revenue, and published
recently in the Reader's Digest.
? Suppose,' 'for example, you Were earning $3,000
a year ($250 a month) back in 1939. With that
same dollar income, by 1957 you were able to buy
only $1,265 worth of the same goods and services
you bought in 1939. Other examples, and the ex
planation, are shown in the table below.
?In 1939 In 1957 Why?
the the same amount of because taxes arid
?recipient of had left income after tax had increased inflation
as income of after taxes was worth only by had taken
$ 2.000 $ 1,975 $ 863 $ 215 $ 897
3,000 2,943 1,265 365 1,313
4,000 3,910 1,658 530 1,722
5,000 4,878 2,051 696 2,131
6,000 5,830 2,429 878 2,523
7,500 7,227 2,990 1,132 3,105
10,000 9,536 3,877 1,632 4,027
Put another way, in 1957 you had to earn $7,370
to be able to buy as much as you did in 1939 with
a $3,0(X) income. Other examples of this are shown
in the following table.
In 1957
you have to have
an income of
$ 4,806
7,370
10.097
13.004
16.098
21,178
30,971
to match
a 1939
income of
$ 2,000
3,000
4,000
5.000
6,000
7,500
10.000
Why?
Because the in
crease would and inflation
have entailed already had
additional taxes taken
of
$ 755
1,313
2,036
2,937
4,042
6,171
11.066
$ 2,051
3,057
4.061
5,067
6,056
7,507
9.905
And what's ahead? Well, by 1975, the, way things
are poin^ now, you'll have to have an income of
$16,867 (that's more than $1400 a month) to be
able to live as well as you did, in 1939, on $250 a
month. Other illustrations of this are in the final
table, which follows:
In 1975
it will to match it will to match
take an a 1939 , take an a 1939
income of income of income of income of
$10,538 $ 2,000 $137,246 $12,500
16,867 3,000 185,584 15,000
24,415 4,000 285,880 20,000
33,240 5,000 383,748 25,000
44,800 6,000 477323 30,000
58,945 7,500 660,039 40,000
92,141 10,000 835,393 50,000
Missed
It seems to be an experience common to all who
have business at the Franklin Post Office. When
they go there to buy stamps, to mail a package,
or to get their mail from general delivery, there
is a feeling that something pleasant and familiar
i& missing. Even those who did not know George
Mallonee by name miss his smile, his readiness to
oblige, and, with friends, his little jokes and gentle
jibes. In his 26 years of serving the public at the
post-office window, he had become a part of that
institution ? a warmly human part of it. Even
after they have ceased to be consciously aware of
his absence, patrons will long continue, subcon
sciously, to miss this friendly servant of the public.
Salary Defined
(Banking)
Salary is an amount of money that no matter how large
it is some people spend more than.
Logic Of Deficit Spending
(Englewood, Colo., Enterprise)
There's a story going around in Washington which is told
to explain the logic of those who say the way to cure a gov
ernment deficit is to increase it.
The story is about a treasurer's report at a club meeting.
The treasurer proudly reported that the club ended the year
with a $75 deficit.
"Wonderful," explained one of the members. "That's the
best we've ever done and I don't think we should be selfish
about it so I move that we give the deficit to the Red Cross."
"Wait a minute," put in another member. "I'm real proud
of the record too, and I think we should share it even more.
I move that we give 75 per cent of the deficit to the Red
Cross and 50 per cent to the Salvation Army."
Exclusively, And Forever
(Nashville, Tenn. Banner)
Twelve times now in 70 years the Congress of the United
States has written into the law the specification that school
controls belong exclusively to the states. The admission of
each state from 1889 to 1959, inclusive, has contained that
express provision.
It is the standard legal clause, repeated last week in H. R.
4221 ? admitting Hawaii.
If there are any members of Congress ? or any figures in
the Executive or Judicial branch ? who don't know that,
they have only to turn to Page Six of that bill, and Lines 11
through 17:
"The schools and other educational Institutions supported,
in whole or In part, out of such public trust shall forever re
main under the exclusive control of said State, and no part
of the proceeds or income from the lands granted under the
preceding subsection shall be used for the support of any sec
tarian or denominational school, college, or university".
DO YOU REMEMBER?
Looking Backward Through the Files of The Press
65 YEARS AGO THIS WEEK
(1894)
Hack fares between Franklin and Dillsboro have gone up
from $1 to $1.50.
Mr. Allen requests all the patrons of the High School to
send or hand him the amounts due on tuition at once, as he
is anxious to settle with his assistant.
Last year our County Commissioners made arrangements to
group all the county paupers on one farm as an experiment
preliminary to the purchase of a poor house. The experiment
has had the effect to reduce the number of paupers from
fifty to eight.
33 YEARS AGO
(1924)
At the first cooperative poultry sale of this season, 12.684
pounds of poultry brought the producers $2,442.
The sick folks of this branch are better now. ? North
Skeenah item.
15 YEARS AGO
(1944)
Lieut. William C. Nail, son of A. R. Nail, of Highlands, has
recently received the Air Medal "for meritorious achievement
while in aerial combat" over Burma.
A movement is under way for Franklin stores to close on
Wednesday afternoons during the coming spring and summer.
, 5 YEARS AGO
'? (1954)
Miss Sue Hopper and Miss Geraldine James have been
selected as valedictorian and salutatorian, respectively, of
Highlands High School, class of 1954.
Adajn was but human ? this explains it all. He did not want
the apple for the apple's sake, he wanted it only because it
was forbidden.? Mark Twain.
STRICTLY
PERSONAL
By WEIMAR JONES
In this column last week, I re
ferred to some changes In church
customs.
It was not till that piece was
printed in the paper that I re
called a church custom ? one of
the strangest of all ? that pre
vailed here when I was a boy. I
know that it prevailed, that is,
in the Methodist Church; I as
sume It did in the others, too.
It was the custom of separating
men and women.
As I recall the church's arrange
ment, there was a single aisle,
down the center, with benches on
each side. When they entered the
church, the men took the seats
on one side, the women those on
the other. (My memory is vague
about which side was which, but
I think the men went to the left.)
Small boys, of course, sat with
their mothers. When they were old
enough to graduate to "the men's
side", it was a milestone ? some
thing like the milestone, later on.
of putting on "long pants".
This peculiar custom applied
not merely to the unmarried:
husbands and wives, of whatever
age, separated at the church aisle.
It applied, too, to courting
couples. Taking a girl to church
(or, even oftener, taking her home,
after church) was a standard form
of courting. But the courting
stopped at the church door.
And that, maybe ? and this is
only a guess ? was the reason
for the rule: To make sure the
young people paid attention to the
preacher, instead of to each other.
? ? ?
The following paragraph Is
from a personal letter I received
the other day from a former, and
still intensely loyal, resident of
Macon County:
"Wonderful Franklin! building
its own teen hall. If it had
50,000 people, it would be asking
the government to do it."
? ? ?
Most of us are inclined to be
snobbish; about our social position
or our wealth or our family (as
though we Were due any credit
for the family we were born into!)
or our education or our achieve
ments, or any one of a dozen
other things.
Perhaps the commonest and
most Insufferable snob of all,
though, Is the language snob: the
person who Is quite sure he, and
he alone, speaks correct English,
and who looks sneering ly down
his long nose at anybody who
dares vary from the words and
phrases he has set his stamp of
approval on.
I was reminded of that the other
day when I came across the word
"receipt", used In the sense of a
formula for cooking. As a boy In
Franklin, the word was "receipt";
I was grown before I ever heard
"recipe". But today I rarely hear
it called anything else, and so I
had assumed "receipt" was a
localism, a mountain expression
that, somehow, was handed down
to us. And I've consistently said
"recipe" ever since I learned ?
or thought I had learned ? that
it was the correct word: ever
since, too, I noted those knowing
smiles exchanged in a group when
some woman betrayed her "Ignor
ance" by asking for a "receipt"
for some dish.
Well, for no reason at all, the
other day I consulted Mr. Webster
on the subject. I wondered If he
would even list the old "localism",
"receipt".
And what do you suppose I
found? "Receipt" is not a localism;
it is a perfectly good word, quite
as good as recipe.
So the next time I note that
exchange of knowing smiles when
some "Ignorant" perdffn says
"receipt", I may indulge In a little
smiling of my own.
And when I say that, I guess
what I really am saying is: "I
can be just as snobbish as those
darned snobs!"
MISS BEATRICE COBB
On Learning 'The Hard Way'
In MORG ANTON NEWS-HERALD
All of us have a sbreak of stub
borness, in varying degrees. I
suppose it's human nature. Mine
has always run strong, I'll admit.
My mother often said that as a
child I was very "strong-willed"
? that I "wouldn't listen". And
she would always add "those who
wouldn't listen had to learn 'the
hard way'."
Recently I have had personal
lessons in the "hard way" of
learning that there are limits be
yond which the physical body can
be pushed. "Better slow down ",
"Try to take things easier", "Take
care of yourself", etc., etc.. were
just conversational remarks with
which I would agree at the time,
and to which, as a rule, I "paid
no mind". I have really never
known what it was to "slow
down", or to have physical ail
ments of any length or conse
quence interfere with whatever I
wanted to do whenever I wanted
to do it.
Before Christmas I found myself
Etaying tired, keeping a nagging
cough and hoarseness, "dragging",
having to force myself many days
WHEN LOSS
IS GAIN
I see where several states is
worrying about losing a Congress
man when they take the 1960
census, on account of so many
folks moving out of their states.
If them fellers in Washington
don't quit spending so much money
and gitting us in debt so bad, one
of two less Congressmen will be
a blessing. It shore ain't nothing
to worry about.
One of these days we're going
to have a awful bust in this coun
try. Them Congressmen that think
up all these spending ideas is
like the Indian that cut one end
off his blanket and sewed it to
the other end to make it longer.
People say we can't put a stop
to it because nobody wants to
shoot Santa Claus. Well, if we
can't shoot him, we might try
sobering him up fer a change.
He's spending money like a drunk
sailor. ? "Uncle Luke of Lickskillet"
in Warren Record.
to keep going; for a "short day",
not to mention the 10-15 hours
schedule I had so often followed.
I went away, as usual, on a
Christmas trip, and enjoyed the
holiday, but the brief rest was
without lasting benefits. I tried
going home earlier every evening,
staying In bed at least 12 hours
? but continued to get up feeling
weary every morning and having
to drive myself unmercifully to
keep going through a full day.
Finally one afternoon during
the second week in March, I prac
tically collapsed on the job. After
a couple of days in bed, every
day thinking I'd get up and get
going again the next day, I real
ized I was running a temperature.
Reluctantly I consented to having
a doctor. Dr. Helms gave orders
I didn't want to agree to ? but it
turned out that for practically
two weeks I didn't even attempt
to disobey "doctor's orders". I
stayed contentedly in bed without
any argument with myself or any
body else.
I've been back on, the lob, on
an irregular schedule, for several
days (this is Good Friday), but
I've really learned "the hard
way" that I'll have to live accord
ing to a less strenuous schedule
until I fully recover from the after
effects of whatever it was ("flu"
or whatrnot) that beset me. I may
not even try for a few weeks to
write something for this space
every day, but hope I can write
often enough to let those who tell
me that they "keep close check"
on me by observing whether or not
I am writing "column stuff" know
that I am again "on the job".
I am flattered that so many have
enquired or otherwise evidenced
interest in me personally and :h
what I write as a space-filler on
this page.
IT AUTO SHOW
THAT, ANYHOW
The car a fellow drives doesn't
necessarily give you an Idea of
what he makes. It may Indicate
what he owes.? Olympla, Wash.,
Dally Olympian.
HANG CONSEQUENCES, TOO!
These Statistics Sound Fishy
MONTGOMERY ADVERTISER
Somebody up in Illinois has
calculated that in the well-fished
areas of that state it takes an
average of 13.3 hours to catch a
pound of fish. These statistics turn
up from time to time, obviously
the work of corrupt statisticians
in the employ of wives who can't
understand how their husbands
can spend all that time and
money with so little to show for
it.
Computations have been pro
duced proving that it costs the
average fisherman about $100 a
pound for all the fish he will catch
in a lifetime. Similarly, it has
been demonstrated that 36 holes
of golf will do, no more for the
waistline ? this being a favorite
rationale of men ? than 10 min
utes of yard work.
Although our attitude toward
fishermen and golfers is com
pounded of mystery and contempt,
we do not hold with such ac
countings. Life is short and if
something gives you pleasure, hang
the fact that each perch or putt
is costing you 20 per cent of your
hours and gold. Or hang your
wife.