The Baytown Sun (Baytown, Tex.), Vol. 38, No. 133, Ed. 1 Monday, May 5, 1958 Page: 4 of 10
ten pages : ill. ; page 18 x 13 in. Digitized from 35 mm. microfilm.View a full description of this newspaper.
Extracted Text
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High Court Replaces
Rule By Law Principle
3S$$R.*
(EDITOR'S NOTE: Thi. H th.
sixth in a series of articles dealing
with recent decisions of tha Ui 8, Su-
state their faith in
is...
prom* Court^and how they have^af-
series appeared on the editorial page
s Indianapi
of The Indianapolis Star.)
States Supreme Court
It has leaped the boun-
ernment b'
Otherwise they wfli surrender tae fu-
ture to government by whim—the doc-,
trinaire whim of. any combination of
Jive members of the court.
Now, as in the past, Congress has the
duty to be alwaya alert to adopt legis-
-........cisionsofthe
of
legislative and executive departments'
and attempted to make of the states
mere puppets to sociology.
The justices have refused respect to
their own predecessors and ignored the
competence of better men in the lower
courts. Action to offset this assault
upon the balance of American govern-
ment is imperative. '
Remedies' that have been suggested
range all the way down from the ex-
treme of impeachment. More moderate
are measures introduced in Congress,
where the final responsibility is placed
by the Constitution. Among these pro-
posals are the following:
A bill by Rep. Howard W. Smith of
Virginia deeianftg &at no act of Con-
gress shall be interpreted by the courts
as excluding state activity in the field
to Which it relates unless the act spe-
cifically says so.
An omnibus bill by. Sen. William E.
Jennfer of Indiana which would with-
drew from the Supreme Court its pres-
ent appellate jurisdiction in five specific
areas. If Jenner’s bill were passed, the
Supreme Court would not' have au-
thority in cases involving the practices
or jurisdiction of congressional commit-
tees, in cases involving discharge of per-
sons from the executive branch of gov-
ernment for'security reasons, in cases
dealing with state laws against sub-
version, in suits against school boards
contesting discharge of teachers in con-
nection with subversive activities, or in
relation to the rules and regulations of
state boards of bar examiners.
A bill proposed by Representative
George Huddleston Jr., of Alabama re-
affirming the basic constitutional doc-
trine of separation of powers between
executive, legislative and judicial
branches of the government and pro-
viding “that the courts of the United
States of America and the courts of the
several states of the United States shall
hot be bound by any decision of the Su-
preme Court of the United States which
conflicts with the legal principle of ad-
hering to prior decisions and which is
clearly based upon considerations other
than legal.”
I
This is a partial list. It includes only
the most thoughtful proposals for cor-
recting a growing evil. In considering
them, it should be borne .in mind that
none would invalidate any decision al-
ready made by the court. Congress can-
not legislate retroactively.
The heart of- the problem is how to
preserve the Supreme Court, not how .to
punish H or humble it. The goaf that
must be sought was expressed by Chief
Justice John Marshall many years ago.
He wrote: *
“The Constitution is either a superior,
paramount law, unchangeable by ordi-
nary means—or it is on the level with
ordinary legislative acts, it is alterable
when the legislature shall please to alter
it. If the former part of the alternative
be true, then a legislative act contrary
to the Constitution is not the law. If
the latter part be true, then written
consitutions are absurd attempts on the
part of the people to limit a power (of
government) in its own nature illim-
itable.” Substitute “court decrees” for
“legislative acts” and “the court” for
“the Legislature,” and Marshall’s doc-
trine is still valid.
It is not the Supreme Court as an in-
stitution which is at fault today. It is
the philosophy of the justices who con-
trol it at this moment of history.
On the theory that the law is "what*
the court says it is,” the justices are set-
tinf precedents righfand left denying*
the validity of the Constitution as “the
supreme law” which means what if
says. Precedent when it is unchallenged
becomes habit for future generations.
The people through Congress must find
a way unmistakably to repudiate the
philosophy of the present justices, to re-
lation offsetting illegal dec:
Supreme Court, or deci
change or ignore the origiu-
specific laws. This was done
last session in the case of the
Bureau ofJLnvestigation files. It remains
still to be done in the matter of state
authority to investigate subversion, the
power of Congress to determine the
procedure of its own committees, the
autonomy of school boards everywhere
to select their own employes, and in a
dozen other fields.
Such legislation does not in any way
change the procedure or jurisdiction of
the Supreme Court, nor is it in conflict
wfth court opinions. Most often, it
brings the written - law .into harmony
with these opinions. Sometimes it is
simply a re-statement of congressional
intent which the court may have mis-
construed. , :J
Such a bill is the one by Rep. Smith,
listed above. It would merely provide
“a guid£ to the court iti the future as
to congressional intent^ We believe it
should be adopted.
Sen. Jenner’s five-point bill for limit-
. ing the appellate jurisdiction of the Su-
preme Court is In another category. It
would use the constitutional power
vested in Congress to alter the field in
which the court can operate.
\ This does not mean that it would
change the shape of government, for it
is an entirely proper proposal under the
Constitution.
......The court itself has brought on the
present constitutional crisis, and strong
measures are needed to check it.
We believe that at least two sections
of Sen. Jenner’s bill should be written .
into law, that restraining the court from
meddling in school board operations
and that prohibiting it from attempting
to dictate the regulations under which
congressional committees operate.
More effective than any of the other
proposals, however, would be Rep.
Huddleston’s hill making Supreme Court
decisions binding on lower courts only
when those opinions are based on law.
This provision should be not merely a
legislative act, but a clarifying consti-
tutional amendment put info the basic
law stfthat never again can the Supreme
Court regard its power as transcending
the writtenlaw.
The most attractive feature of the
Huddleston proposal is that it would
not change anything in law or practice,
but would only require that the law be
observed. It would not prevent the Su-
preme Court from reversing itself, if
good legal cause existed for reversal. It
would not give the lower courts an im-
practical autonomy. Before these lower
courts cMld ignore a Supreme Court .
opinion, it would have to conflict with
legal precedent and also be based on
considerations Which have nothing to
do with law. One or the other fault
would not be enough to disqualify an
opinion. Both would hftve to be present.
Americans need to deolare their ad-
herence to the Constitution and written
law with such force that the justices
of this court, and those who follow
them, can make no mistake about the
country’s temper.
A constitutional declaration that our
courts must adhere only to the law, and
not to the Supreme Court when the Su-
preme Court Violates the law, would
provide the shock the Warren court so
badly needs. It should be the first order!
of business in Congress. >
Washington Merry-Go-Round-
The Best Of
Drew Pearson
WASHINGTON - Thl* week
marks the 10th anniversary of
a little country founded In tears
and built In travail—Israel.
Twenty-four hours after it de-
clared Its independence, seven
hattan. Yet the headwaters of
the Yarkon, every drop of water
cherished like sold, spreads out
over the Plain of Sharon and
makes the Negev desert Mean
Arab nations attacked on three 80 miles away.
Hi ~~ “ *«ypt Or you have to see the fans
. - sides. Kin, Farouk of_____
■ riwartiji
stamp printed featuring hi.
picture. Underneath «'•*
word "Tel AvlV."
his
the
-THE LITTLE TOY DOG IS COVERED WITH DUST—*
Easy Knowledge
Sun's Grab Bag-
The Answer, Quick! .
1. Who was our first postmas-
ter general?
3. Can you give the current
names of North and South
Korea?
3. If you went to an encaenia,
would you celebrate a wedding,
a city anniversary or a kind of
rodeo? -
4. The opera soprano Bidu Sa-
yao is a native of what country?
8. Who wrote: ‘‘God is Mind,
and God is all; hence all is
Mind”?
Agenerally good year is fore-
seen, especially for romance.
Today's child will be thoughtful
and •sympathetic, well suited for
the ministry.
How’d You Make Out?
1. Benjamin Franklin.
2. Republic of Korea (South
Korea) and People’s Democratic
Republic of Korea (North-
Communist).
3. A city anniversary.
..... 4. Brazil. •...... • ■
6. Christian Scientist Mary
Baker Eddy (Science and
Health). '
1—Frank Sinatra. 2 — Kim
Spalding.
Contract Bridge
It’s Been Said
They who are pleased them-
selves must always please.—
James Thomson-
Watch Your Language
EAVESDROP - (EEVZ-drop)
-‘-verb, intransitive; to stand
under eaves, as if to listen;'
therefore, to listen secretly.
Origin: Anglo-Saxon—efes, brim
or brink. ( f
It Happened Today
1818—Birth °f Karl Marx,
founder of Marxist Communism.
1821—Napoleon Bonaparte died
in exile on island of St. Helena.
FAMOUS
Wlit dealer.
North-South vulnerable.
NORTH
*965
fK62
*10332
*742
WIST EAST
* K *732
By 1. Jay Backtr
HANDS
North, up against it for a suit-
able bid, chose to bid four no-
trump. Hazen, never a shy bid-
) A J10 9 8 7 4 *53
* J6
* 109 3
Happy .Birthday
-To Tyrone Power: fMoo; Mon-
ica Lewis, actress-singer, and
Freeman Gosden of “Amos 'n'
Andy*’ lame.
* KQ9S74
*86
SOUTH
* AQ J1084
*Q
♦ A
*AKQJ5
The bidding: ^
West -North East South
S* Pass Pass 4*
Pass 4NT Pass 6* .
“Opening lead—ace of hearts.
Back in 1941, Lee Haxen, of
trump. Hazen, never a any bi
der. thereupon bid six spades.
On lead was Oswald Jacoby, of
Dallas. He chose the ace of
hearts, and when the queen fell,
he continued with the jack of
hearts. The king in dummy took,
South discarding a club. ■
The fate of the hand rested on
avoiding the loss of a trump trick.
A trump finesse against the out-
standing king was clearly indi-
cated, so declarer led the nine of
spades, Ehat following with a low
spade.
But now* Hazen decided to
abandon the percentage play and
went up with the ace, catching
West's lone king. Trumps were
then drawn and the slam was
.SSCCSCass;
Of course, South was lucky to
spear the singleton king, but
New York won the annual Mas- there was much more than luck
t.» individual Championship. Bn. £ f^oulS
try In this exclusive event U re- tion
•tricted to the top players in the Jacoby's play at trick two-
country. The tournament is mark- the Jack of hearts—was the give-
edly different from others in that away. Clearly, on the bidding, de-
each participant takes turns play- clarer could not have started
ing as partner with the other con- with two losing hearts. If Jacoby
Lstants. instead of playing with was generous enough to put him
the same partner throughout. in dummy, decided Hazen, he
One of the hands that contrib- must have had a reason,
tiled to Hazen'a victory is shown That reason could only be that
here. Hazen (South) was afrtid he was willing to allow declarer
to double three hearts fqr t»kt- to be in dummy to take a finesse,
out for fear partner would leave This had all the earmarks of*
the double in. So he made a four- Greek terTexen ^r‘n*
heart cue bid. And to. the gift was reiecteo.
Others' Views.
Editors Look At New*
CHARLESTON (S.C.) NEWS AND COURIER
“How can you tell when a boy , has gone
wrong?'' tha parents of 18-year-old Francis Tfa-
dtllle, of New York City, asked Associated Press
family la not the only family in the U. 5. today
seeking an answer to “How can you tell?”
Another Is the family of Jan Rivers Haskett; of
Ahoslde, N C. Jan Is the son of a poltoeman.
He Is a star athlete. He Is accused of using a
_ - _ 16-gauge shotgun to MU Dolores Newsome, 16,
Bible Vene
------....--------- an
•nter in, he shall be saved, and Shall
go in and out, and find pittur*, John
lagtmmt $un
always, fhere is no compass needle that points
, to a cMld about to run amok on a rooftop or
With a shotgun. • ■ t
This does not mean that parents-all parents—
are helpless to fathom their cWldren’i minds.
One way to understand cWldren is to spend as
much time each day at the task ak it takes, say,
to work out the details of an important business
Folks of Fame—
Gums The Name
1—In. 1917 thi* singer was
bora to a member of the Ho-
boken, N. J., fire department.
Booking bands for his high
school, he sang occasional songs
with them. He tried sports, re-
porting for a local paper and
took some engineering courses,
then toured with a Major Bowes
group. To become known, he
worked 16-hour days at radio
stations without pay.
Harry James discovered him
in 1939; after three years with
Tommy Dorsey he made record-
breaking solo appearances. Hts
fUm career has been equally
sensational. His long-time am-
bition, however, is to be a box-
ing champion; he has excelled
in the sport since school days.
Who i. h»* -
M
We
thm** m«**.
«■# IpMf 'lpMM to;H» 8vM*B Bun. ■
at Pearce and AMtoel in Baytown. Texas.
Fred Hartman ............ Editor and Publisher
Many Boswell ............AdvwtMae Manager
Preston Pendergrass ......... MAnaHng Editor
Beulah Ms# Jsehasn ......... Office Manager
Lerajr TWrter ..............arcuistion Manager
Subscription RStSS
% C*Wtor rjSjSSt J
_ Mai ffiMtik
know parents who say they know their
children well. They play with them- They work
with them at their lessons (even If teacher dis-
approves!. They hunt with them and fish With
them. They pray with them. They argue with
them. They demand that their children be honest,
industrious and patriotic.
^<Nrllrj|W*| “tell’* when something his
gjme wrong? Not always. The racord shows, how-
ever. that a' parent's chances Improve with each
minute Spent in his child's company.
117.40 per Teat
Entered as ascend ettos matter at tha Raytown.
Past Office dMer the Act s? OSugralS
Who Said It?
Who is bt?
2—Bom In Kansas City, Mo.,
this actor attended schools there
before college at Kansas State.
He Mh. aiiaBar *i^; «****■
ence ; and. played' in Tobacco
Road and Catherine Was Great
(with Mae West) on the New
York stags. Now he lives in ths
Sisrra Mad re mountains outside
of Hollywood, in * woods-boupd
bachelor cabin be finished him-
self He also has his own photo,
graphic studio in Pasadena.
His., movies include Three
Came Home and Two Lives of
ltiiy Btesrt SOr TP IHfi
will be increased next season
whan be stars in four Loretta
Young-Bhows. Deeply religious,
■ also loves sports; like the
sf March t 1179.
Represented Maternally By
mt IWmIMmHHKI’
;V:
DAILY
ACROSS
f.q,Pora. ...
in music
3. Arrow stele
10. Plexus
11. Old German
Silver coin
12. Grape
13. Prefeature'
(Chin.)
14. Charles
Lamb
16. Pronoun
17. Sovereign
19, Goddess
of harvests
38. Commence
22. Nevada
city (poas.)
21. At bat
»baseball)
29. Swiss river
26. Article
(Pr.)
27. “Time fiiee”
31. Lika
32. Bitter
vstok
33. Hr IP. I.)
34. Leading
actors
36. Oil of rose
' P«t*l« ' x/'
3*6ii
weight for
wool
40. Sacred
_ bull _
«>.Oreak
-
43. Remnants
63. nil •.
46. River to
Nerth Set
47. Of Tray
43. Win.
CROSSWORD*
DOWN 21, Aria
1. Speck of around
bread > tooth
2. Rlyeremr 25. Bursts
hankmsnt forth
3. Greek latter 29. Beast
4. Iron fsym.) of
5. Stupefy', burden
6. Exclsms- 27. flavor
'JlIMUII;! IPO’ Ifl.r
rst4r*:i:i aw^ciiia
Hrdt?RI HidtSf-'MIIl
M.u.-i duuij m
anDiimya usa
crii-i
Rii'SElTl i:i3C(J3
nri iiWK
fjciij a iiacfinw
jiii mar* mtu
f Hll -JV .iSIlil
innnr-i immin
tion
: " 7. Malt V-
,^.beverage
8. A whitlow
(med.)
9. Capital of
Libya
iiuuac! '.lJ'J J.J
Jg, Its _______
• capital - ff
la Tallin ieiarser’s Aaewst
29.—-Minor 38.Aacands
or Major
(latron.)
30. Obtained
13. Hand (slang) 38. Muddled
15. Article of
value
17. Sea trout
18. —— Zep-
. peltn
36. Help
37.0ns
of a
surveying
team „
41. Pineappla
(Bp.)
44. Perch
46. High
priest
48. Indefinite
article
49. Jewish
month
'
«|g
m ■':
■ •:• :: . -
.... ...
' ~ M
I've never been peer, only beeks. Being poor is
Miim'lJSf* brek* ** *
a sttte of mind;
'
*
he also loves sports
actor above, he Is 4a —- ______
boxer. Who is he? '
.....- ‘ ' *Y-p •
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Army never got to Tel Aviv. The
Israeli Army, eight year* later,
would have got to Cairo had
Elsenhower and Dulles not In-
tervened.
Tlie fiery determination that
stopped seven Arab countries in
1948 and which routed the Rus-
sian-armed, \ vastly, superior
Egyptian Army In 1986 is the
secret of Israel: It’s a nation
built on the suffering of the
exiled tribes of Israel, built in
the dream, nurtured during 20
centries, that someday the Jews
would come back to a home of
their own; built as a living me-
morial to the 6,000,000 Jews
burned in the gas chambers of
Hitler. -
AH this is behind the dedica-
tion, the determination, the
pioneering spirit, that has made
Israel.
Y-ou have to go there to un-
derstand it. You have to see the.......
bulldozers pushing rocks—rocks
eroded since the days of Abra- ■
ham, millions of rocks pushed
aside so that crons can be raised
in little patches of clean soil un-
derneath, Or boys and men and
women painfully picking up the
rocks and putting them on stone
fences to line the little patches
of soil being cultivated to feed
the sons of Abraham.
settlements—refugees from Hit-
ler living next to refugees from
Nasser,,, along with refugees
from Poland or from Algeria or
Yemen. At first they have only
one bond In common-thelr re-
ligion. They speak no common
: language, hare been separated.
AND YOU HAVE to see the
trees—millions of trees, import-
ed from similar climates in Aus.
tralia, contributed by Jews from
all over the world, carefully
planted along the roadsides and
the highways.
You have to see the irrigation
works, the Yarkon project, no
bigger at its headwaters than
Rick creek which ambles through
Washington; one-fourth the size
of the Schuylkill which runs
through Philadelphia; one •
thousandth the volume of the
Hudson as it flows past Man-
by the centuries. But they learn
Hebrew, and their children learn
to know each other and to mar-
ry each other, and soon out of a
melting pot of diverse nation-
alities has grown a close-knit,
cooperating, thriving communi-
ty, This is how Israel has grown.
Or you have to see the chil-
dren—buoyant, beautiful chil-
dren, as radiant and healthy as
any in the U.S.A.; or t^e old peo-
ple as they go dow(n to bathe in
the warm Mediterranean; the
Moslems at their prayers; the
Christians as they worship in
the cathedrals of Jerusalem and
Nazareth; the schools, the uni-
versities, the eatnels1 add the
caravans, and the - new railroad -
cars contributed by West Ger-
many as a token ox penitence for
the soap factories of Hitler.
Or . you have to see the hos-
pltals; wfeWmeSinte'D?. Halm.
Sheba pioneer new Near East
medicine; where Arabs are giv-
en the same treatment as Jews;
and where Egyptian wounded,
taken in Sinai,4 though over-
worked, have been loaned to
the new African republic of
Ghana and to the new, republic
of Burma; and that the scien-
tific discoveries for eradicating
flies, mosquitoes, Near Eastern
diseases have been made avail-
able to the Arab states.
Monda
Spa
Figu
WASHIN
space ship*
figure in n
. tion's prop*
(, the
agency,
tee disclosi
The Bud
estimated t
about 100 i
year and
year by 1
tists have
- outlay of a
lion to a b
5 The prog
*lmrli
camera - c
space far b
nearby pla
49 million
—Develop
capable ol
space and
(earth. Also
lites and st
for space
weather re
nications ai
ON ONE SIDE Of Israel lap
the blue waters of the Mediter-
ranean, warm and friendly. On
the other three sides are deserts
and mountain ranges from which
peer Arab guards, ever on
watch, ever posing the possi-
bility of • border raids. Beyond
them several million more Arabs
vow' vengeance, await the day
when they can do what King
Farouk and Col. Nasser failed
to do—conquer Israel.
t :
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w
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BAYTOWN. TEXAS
KPBC-TV
Channel 3
KGUL-TV
Chanaal 11
RTiawrv
Channel 11
—.......—;---------------------
Monday Night
----------------------------
ill-
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News Weather
John Daly
Report Card
Report Card
ISfra
Si
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Report Card
Report Card
Bold Journt?
Bold Joursty
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Danny TKoma*
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Hartman, Fred. The Baytown Sun (Baytown, Tex.), Vol. 38, No. 133, Ed. 1 Monday, May 5, 1958, newspaper, May 5, 1958; Baytown, Texas. (https://texashistory.unt.edu/ark:/67531/metapth1042821/m1/4/: accessed July 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting Sterling Municipal Library.