lI;fHE!'M<EY record
jL > BURWSVI U.E. WORTH ICAROUNABgyg^
ESTABLISHED 1936
EDWARD A. YUZIUK - EDITOR G PUBLISHER
CAROLYN R. YUZIUK - ASSOCIATE EDITOR
ARCHIE BALLEW - PHOTOGRAPHER G PRESSMAN
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THURSDAY, MAY 7, 1970 NUMBER NINETEEN
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SINATOK '"S .4
SAM ERVIN
Judicial Reform Controversy
WASHINGTON -- This session of the Congress has Witness
ed a continuing controversy over our Federal Judiciary. The
Senate has considered three nominees to fill a single vacaicy
m the Supreme Court. The House has taken preliminary steps
to consider a possible impeachment of one of the Justices of
the Court.
These controversies, together with a general public criti
cism of the administration of justice by the Federal courts,
have apparently caused many Members of the Congress to in
troduce no less than 27 bills to discipline Federal Judges.Sarre
of these bills would require judges to disclose their personal
finances, while other measures would establish sweeping con
trols over the power of judges to try cases and interpret the
laws. Some of these legislative proposals seek to establish
inquisition-like commissions which could purge unpopular jud
ges in violation of constitutional requirements for impeach -
ments.
As the readers of this column know, I have consistently
urged that we have the best possible judiciary, and that we
appoint Federal judges who interpret the Constitution in ac -
cordance with its true intent and meaning. At the same
time, I am concerned about many of the proposals now being
offered which would undermine the independence of the
Federal Judiciary in an unwise and unconstitutional manner.
For this reason, as Chairman of the Senate Judiciary Sub -
committee on Separation of Powers, I have been conducting
hearings to determine how we can best resolve the difficult
questions involved in judicial reform so that we may preserve
the fundamental need for an independent judiciary.
The principal issue at stake before the Subcommittee re
lates to the future role of the Judicial Conference of the Uni
ted States and the judicial circuit councils which have been
in existence for many years. Congress created the Judic ia 1
Conference in 1922 to clear up a backlog of cases and to im
prove the functioning of the Federal Courts. For many years,
judicial councils confined their activities to "housekeeping"
duties which involved the making of plans for the best use
of judges in clearing crowded court dockets and in preparing
suggested rules of practice and procedure for the efficient ad
ministration of the courts.
In recent years, however, due to the national concern about
judicial ethics, these councils have begun to assume discip -
linary duties. The assumption of this authority nas been ques
tioned by many judges, and has raised the questions of how fir
such councils should be permitted to go in supervising the
operation of the courts.
As with any issue of this nature, there are widely diverse
views on how these councils have functioned within their
statutory authorization. The function of the Subcommittee 1 s
study is to try to ascertain how we can best protect the
the courts, and assure the fair and impartial administration of
the laws in accordance with constitutional principles.
Since the performance and integrity of the Federal Courts
is at stake, I believe that the testimony given a£-these tearing
will be most helpful as the Congress undertakes to weiglit the
consequences of the various legislative proposals op this sii^ect.v’
straight
By Tom Anderson . A
A racist is a person who believes in gai
eties. history, and his eyes. The epithet
"racist" is something few people, including
many scientists who know that truth is being
smothered, can stand to be labeled with.
To talk of superiority and inferiority today
is to mention the unmentionable. Truth has
become bigotry. Fact has become racism.
Discrimination has become hate. But Here
lord breeders don't hate Angus cows merely
because they don't want to cross breed with
Angus.
If "racist" means a person who hates an
other person because of his race, it applies
to very few white people. More Negroes hate
whites because they are white than vice versa.
My dictionary says racism is "a belief that
race is the primary determinant of human
traits and capabilities and that racial differ
ences produce an inherent superiority of a
particular race." An overwhelming percentage
of white Americans obviously are racists, then,
whether they admit it or not. As Voltaire said:
"Prejudice is opinion without judgment."
Hubert Humphrey honestly believes the
average Negro is as good as he is. And I do
too. But to get honest comparisons, one must
compare average with average, that is, average
white with average black.
To feel superior to someone, or to a race
of people, is not to hate them. There are
few Whites whom I like and admire as much
as I do a Negro preacher who works part-time
for us. He is a Christian gentleman. And I
wish I were as good a Christian as he is, be
cause that is infinitely more important than
education, money or position. I like him—
better than I do Richard Nixon.
There is no such thing as equality. There
is not even such a thing as "equal opportu
nity." If the same opportunity is offered a
child prodigy and a moron, they do not have
an equal chance. Everything, including the
stars, is unequal. “One star differeth from an
other in glory." (I Corinthians 15:41). The
baby given to an orphanage at birth hardly
h £ (~ori4vyi A
By Marilyn Manion
DESEGREGATION OR INTEGRATION?
President Nixon's message on school de
segregation received mixed notices in the
American press. From the Liberal camp came
predictably strident cries: The Administration
was "selling out" to the South, ignoring the
plight of blacks, and supporting illegal segrega
tion. The New York Times dscribed the
statement as "President Nixon's antibusing
message to segregationists." Social planners
wailed that the message would slow down the
pace of race and class miing. A Wall Street
Journal article chronicled recent racial trends
in Wichita, and concluded rather regretfully
that the President's words would all but halt
integration there.
Judging from these reactions, one might
conclude that Mr. Nixon cancelled all plans
for desegregating the Nation’s schools. Rather
the opposite is true. Quoting extensively from
court decisions on the subject, the President
upheld the principle of desegregation. Spe
cifically, he said that de jure segregation in any
school system, North or South, is illegal; de
facto segregation is not. He noted that the
Supreme Court has not yet decided that de
facto segregation is unconstitutional. He went
on record in opposition to required cross
busing of students in order to achieve racial
balance. (The Civil Rights Act of 1964 had
already made it illegal to require busing as a
means to achieve such "balance.") Finally,
Nixon promised to ask Congress for SSOO mil
lion next year and $1 billion the next for
"improving education in racially impacted
areas. North and South, and for assisting
Dear Editor:
V*t V* S *' fVf# T > 9
standing accomplishment, the
Letter To The Editor
South Toe Elementary School
is not tft£ ficst'fef&men&ary ■>
school in Yancey County to
EVER BE ACCREDITED. Only
has the same opportunity as the baby who has
one million dollars put in his name at birth.
Although the un-earned wealth could turn
out to be a disadvantage.
What stable and civilized republic in all his
tory was pre lonvnantly or even substantially
Negro? What high culture have Negroes any
time, anywhere produced themselves? What
high culture, once achieved, ever remained
a high culture once it became substantially
mixed with Negro bloodlines? What Negro
Republic or free civilization now or ever has
shown the necessary attributes of self-control,
self-reliance, self-responsibility, and self-help
to build and maintain a great civilization?
Despite what you've been told, Negro history
has not been obliterated. There wasn't any.
During the past 5,000 years the history of
Black Africa is black. Not just here, every
where. It's blank in Africa too. Until other
races arrived, there was no literate civilization
south of the Sahara Desert. The Black African
had not invented a plow or a wheel, domestic
ated an animal or a crop. He had no written
language, no numerals, no calendar or system
of measurement. The only building he had
ever built was thatched, windowless mud hut
and a stockade. His external trade consisted
only of his own slaves, ivory, palm oil and
mahogany. He carried things only in his
hands or in human skulls. His medicine was
administered by witch doctors. He was some
times cannibalistic. He was, in short, a savage.
Instead of saying the Negro is everywhere
and at all times “inferior" to the white man,
let us say that he is different. About that
there is no doubt. When two things or two
groups differ, one has to be better in some
ways than the other. The black, on the aver
age, scores significantly below the hite in
abstract intelligence. The Negro lacks the
White's ability to deal with symbols. He can
memorize equality, but he cannot reason equal
ly. He cannot compete with the White in sci
ence, statesmanship, arts, literature. Physically,
he is equal or ahead.—American Wav Features
r " ?: e
school districts in meeting special problems
incident to court-ordered desegregation."
A few days after the message was made pub
lic. White House sources leaked some addi
tional information to the press. A cabinet
committee, these sources said, would study
ways to spend the SSOO million. Dr. James S.
Coleman of Johns Hopkins had been invited
to assist the committee. Coleman, of course, is
nationally known as a proponent of integra
tion. It turns out that he assisted the President
in the writing of the message. And, while the
words of that message may appeal to Con
servatives, the actual effect may be something
else. For example:
Coleman said that federal funds could be
used to stop the exodus of white people from
newly-integrated school districts. The money
could be spent on the providing of such incen
tives as after-school care for the students so
that mothers could work. Funds could also be
used to insure the continued high quality of
the schools after they were integrated. The
point of expending federal money in this way
would be to keep the whites in the city so
that their children could be mixed with black
children.
Which gets us to the crux of the matter:
Is it proper for the government to foster, re
quire, and pay for. the calculated mixing of the
races? What is the difference between desegre
gation and integration? A future column will
discuss these questions.—American Way Fea
tures
a few years back the elemen
'tafry schools of Yancey County
were accredited.
E. Boone