attractive
called and said a
offered to- give him
.. trie’- to-hlant ln
front of his building this fall.
I might explain here that this
is a beautiful building, archi
techturally correct and already
appropriately landscaped with
helleri, cornuta and rotundifolia
5®llles. pfitzer junipers and turf.
building is located on a
corner with heavily traveled
streets on two sides; and the
planting area is limited.
I suggested that I would drop
by and we would have a look at
the “ligustrum tree 25 feet tall”
and also at the proposed plant
ing site. He said he would call
the lady and we would pick her
«P
Lo and behold, the lady prov
ed to be a friend, charming, ex
tremely capable, but she had
made up her mind. Unfortuaite
ly, I had, too. Anyway, we drove
to the site and pulled into an
abandoned drive. There they
were — ligustrums, neglected,
25 feet tall, leggy and poorly
shaped.
There was much verbal skir
mishing, attack and counterat
tacking, but when the smoke had
cleared away, I h?td won the
battle, I think, although there
may be repercussions.
Let’s analyze this problem a
little. As I have already stated,
the proposed site is very small
and is already appropriately
landscaped. There is no room
for a tree of any sort.
Ligustrum has always been
considered as a hedge plant,
especially suited for screening.
It may be used for other pur
poses in the landscape plan if
it is properly and regularly
pruned and shaped.
In my opinion, it has no char
acter if permitted to grow to
tree size. There are too many
deciduous and evergreen trees
for shade and ornamentation
which are much better. Moving
the plant would have been cost
ly, too.
( Every plant in the landscape
has character all its own and
must complement every other
plant in the landscape if the
effect is to be pleasing to the
eye and satisfying to the own
ja and his neighbors.
The slogan “Beautify Ameri
ca” is a good one because PLAN
NED beautification is implied.
This gives meaning and purpose
and is- supported, by all ethical
nurserymen.
Unless the slogan “Plant a
Tree” is carried out with the
same PLANNED beautification
in mind, it has neither meaning
nor purpose. Think- about it.
FRIDAY COURT NOTES
In Kinston Recorder’s Court
Friday Ronald Hill was fined
$100 for drunken driving, Guy
Manning was ordered to make
good a worthless check, George
Kamage of Camp Lejeune Was
fined $25 for speeding and Joe
Garner of Kinston route 2 was
fined $25 for permitting a un
licensed driver to drive.
When we were borrowing cus
toms from older cultures, who
was the idiot who passed up
the siesta?
A man’s temper improves the
more he doesn’t use it.
SENATOR SAM ERVIN
Continued from Page 3
chief justice that will be occas
ioned when you. depart. With
your agreement, I will accept
your decision to retire effective
at such time as a successor is
qualified.”
Here again, the President im
posed a legally unacceptable
qualification upon the naming
of a successor to the office of
chief justice. The President ac
cepted Chief Justice Warren’s
conditional retirement as “ef
fective at such time as a succes
sor is qualified.”
Witness what the Senate would
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procedure. For a
lie “qualified,” three events
occur. The Presidentmust
and send to the'Sen
the name of the successor
to the office of chief justice.
The Senate can then consider
the nomination, and if it coot;
sents to the nomination, the Suc
cessor is then appointed by the
President ‘by and with the ad-,
vise and consent of the Senate.”
The successor thereupon must
take the oath of office in order to
qualify. So what the President
has done in laying down the
conditions for this nomination is
to propose that a new Chief
Justice be sworn into office be
fore the Old Chief Justice act
ually retires from active service.
This contravenes the statutory
requirements governing retire
ments of justices as set out in
Title 28, Section 371 of the U.
S. Code. The pertinent pert of
that statute says plainly: “The
President shall appoint, by and
with the advice and consent of
the Senate, a successor to a jus
tice Or judge who retires.” Chief
Justice Warren has not retired
within the meaning of this sta
tute. .
To accede to a nomination
which does not conform to, the
plain intent of ' the applicable
law governing the retirement of
the Nation’s highest judicial of
ficer could pave the way to oth
er problems once such a prin
ciple became established. It is
conceivable that Justices, for
whatever purpose, could begin
clean-burning
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thp- practice of conditional re
tirements and conditional res
ignations, and the President
could even have the Senate con
firm appointments to become ef
fective in the remote future.
Such a principle, if establish
ed, could do serious damage to
the prestige of the Court and
to the written law. I have, there
fore, raised this question in
hearings upon this nomination
because I think that we must
abide by the law in choosing our
judicial officers.
Register
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