Hattiesburg American from Hattiesburg, Mississippi • 10

I National affairs 'Law of the land' i is an abused issue With au wVsooDrAtra Business mirror Plan fo stem How of gold draws howls AND THAT SORT" OF THINS, YOU REMOVE Your qun from THE TABLE s. to set to It that such things not happen." Notions Justice Harlan said ont of thi current notions is that "defieier, cies in our society which hsv failed of correction by 1 1 meant should find a cure in the courts," and he cited "impatience, with tht slowness of political solutions generally." He said then) is an "urge for quick md un. compromising panaceas for things that call for reform," but that this view of the "cosmic place 4 the Judiciary is not only inconsi. tent with the principles of Ameri. can democratic society but ul- timately threatens the integrity of the judicial system itself." i There is plainly a tendency to.

s' iLa U. uay to pus. me duck to the 1 Supreme Court. Justice Harlm cited the general expectation that HATTIESBURG AMERICAN PACI 10 TUESDAY, AUGUST 20, 1963 Comparing some facts figures Somt folks seem to think that Just be cause Paul Johnson led J. P.

Coleman In the first primary eight years' ago in their race for governor, and then lost to him In the runoff, that the same thing is likely to happen again. But there are a great many differences in the two elections not the least of which Is that the final result is going to be different and this time Johnson is the man who will become governor. But sticking strictly to facts, rather than Jumping to conclusions, let's take a look at some figures and some situations. In 1955, Coleman led the ticket In the first primary In 24 counties In a field of five and In 1963, in a field of four, he led only 20 counties. In 1955, Johnson led in 27 counties and in 1963 he led in 51 counties.

Not only did Johnson lead in 51, but he was second in 24 and third in only seven last Aug. 6. Coleman led In only 20 counties, was second In 25 and trailed the field of major candidates in 37. Eight years ago, Johnson had a complete majority of the votes In only three counties, but this time In 10 counties. Eight years ago, Coleman had a majority of the votes in six counties, but this time in only three.

And the records show, Incidentally, that Johnson led Coleman in every county in South Mississippi except one. In 1955 the then governor, Hugh White, did not participate In the first primary, but publicly supported Coleman in the second, which undoubtedly switched many votes between the primaries. This time the influenca of Mr. White was felt In the first primary when he supported Coleman and sat on the platform at Ackerman when Coleman opened his campaign. Another important item is that eight years ago, Kennedylsm was not ft factor, whereas this time it Is quite ft factor.

Still another point to consider is that eight years ago, neither Coleman nor Johnson had any experience or record in the executive branch of the state government, and the public, therefore, had to speculate upon which of the two would make the better governor. This time, each of the two has served four years in the executive branch of the state government and each has made his own record. The people this time made their own choices based upon these records. Even the fact that defeated candidate Charles L. Sullivan has endorsed Coleman does not offset all of these pointers toward a Johnson victory on Aug.

27. For although the general of the Sullivan forces has Indicated his preference for Coleman, the sergeants and the privates each of whom has just as big a vote In this election as the general have rallied to Paul Johnson by the thousands. Movie stars backing march on Washington By DAVID LAWRENCE WASHINGTON Much talk is heard and much Is written about the obligation of everybody to obey "the law of the land." But who says what is "the law of the land?" and if the Supreme Court does, then shouldn't the President and tha Congress obey it, too? These questions arise now because, despite rulings In previous decisions of the Supreme Court of the United States, Congress Is being urged by the administration to pass certain "civil rights" laws which are based on the speculation that the high court will reverse itself. When, however, Governor Wallace of Alabama and Governor Barnett of Mississippi endeavored to secure a reversal of Supreme Court decision by challenging them in an orderly way in the lower courts, each of the two governors was widely denounced as defying "the law of the land." 14th amendments It is being openly asserted now by exponents of the proposed "civil rights" legislation that the Supreme Court will in due course invalidate or reverse its 1883 decision denying Congress the right to use the Fourteenth Amendment to pass federal laws that would, for example, punish a hotel owner if he chose his own customers. The contention advanced in administration circles is that the 1883 decision is "out-of-date" and that the Supreme Court will "modernize" its rulings.

The samt 1883 ruling of the same high court implied, incidentally, that vehicles or "public conveyances" passing from one state to another might be regulated under the "commerce clause" of tht Constitution. But there is nothing in that or any other decision which justifies a confident assumption that the selection of guests by managers of hotels can bo regulated by the federal government under any present clause of the Constitution. Oaths What becomes, then, of "the law of the land" and the oath to support and defend the Constitution which all members of Congress, cabinet officers and the President of the United States takt when they assume office? Can the Department of Justice in all conscience recommend passage by Congress of a law which is of doubtful constitutionality, and do so because an ideologically sympathetic Supreme Court is expected to uphold auch a statute? Should members of Congress vote for legislation which they believe may bo held unconstitutional? Are the justices supposed to forget their oath of office and decide cases in tune with "thr spirit of tha Associate Justice John M. Harlan of the Supreme Court of the United States, in a speech in Chicago a tew days ago at tha dedication ceremonies of tht American Bar Center, had some pertinent things to say on tht general subject of "legislating" by the courts. He declared: "Our system of government Is being challenged from abroad and readjustments of one kind or another are facing us at Yet it would be shortsighted not to recognize that times like these are bound to produce temptations and pressures to depart from or temporize with traditional constitutional precepts or even to short cut the processes of change which the Constitution establishes.

It is the special responsibility of lawyers, whether on or off the bench, an inadequate statute or one that is "manifestly unwise, harsh, or out-of-date" will be "abrogated by the exercise of the power of judicial review," Back in 1935, the late President Franklin D. Roosevelt urged members of Congress to pssj i certain law irrespective of their doubts as to its constitutionality. When he didn't like subsequent court decisions including one in 1936 invalidating that stmt law he tried unsuccessfully 1937 to get a law through Con. gress to enable him to enlarge the Supreme Court from nine ta a possible 15 members so he could appoint a new majority to do his bidding. Mr.

Roosevelt argued that the process of amending the Constitution in the way prescribed in that document itself too "time-consuming" and "difficult." Ht preferred, in effect, amendment of tht Constitution by the Judiciary. Feeling persiata Twenty-aix years have ptued a 1 these recommendationi were made to a nationwide rtdit audience by a president of the United States who had sworitto uphold the Constitution, but tlftrt is still a feeling that the Supreme Court must respond to the political pressure of the executive. 'Tie "New Frontiersmen" and "New Dealers" talk the sljne language that no matter trow the Constitution has been 'Previously construed in the decisions of the Supreme Court, government officials, even though swflra to uphold "the law of the land," must press for new decisions to reverse those of the pa'1- Justice Harlan's advice to the nation is to avoid the transfer of legislative power to the courts. For, he says, "A function mort ill-suited to judges can hardly be imagined, situated as they are, and should be, aloof from the political arena and beholden te By SAM DAWSON AP Business News Analyst NEW YORK (AP) Moat schemes to Hop the slow 1oi of U.S. gold lo foreigner! have ont thing in comon loud outcriei of protMt.

These will bt on tap again today a Congress opens hearings on the idministration'i proposal for a tax of up to IS per cent on American purchases of foreign securities from foreigners. As the hearings Hart, tha Treasury has just lost another $50 million of its gold, bringing tha total ao far this year to 1393 million. From 1938 to date the drain has been billion. Opposition widespread The cries of distress today may not ba ai widely noticed at those brought forth by a former scheme to curb the outflow of Yankee dollars by keeping at home the wives and children of overseas-stationed GIs. But the opposition to the tax plan is widespread in American financial circles, and also in those of other countries.

Canada and Japan have been especially vocal, fearing their sales of securities here will be crippled. The aim of the administration tax plan is to help stop the outflow of American investment money. Thii had a lot to do with the increased deficit this year in the United States' international Payments. Used to buy gold As these dollars pile up in foreign hands some can be, and are, used to buy gold from the Treasury's stocks. In spite of its loss of bil-lion, tha hoard still is SK I billion.

This la well above tha point of real danger, but tha continuing buildup of dollars abroad increases tha potential threat to tha gold reserves, and to the reputation of tha dollars. Hence the administration's plan to tax purchases of foreign securities, and also its moves to raise interest rates on shortterm borrowing. Both are designed to make yields on investments abroad less attractive and keep dollars here. 19 persons soughf In connection with great train robbery LONDON (AP) -Scotland Yard had 18 names today on its list of persons wanted in connection with Britain's great train robbery. Detectives were confident tha fugitives could not stay hidden much longer.

Yard chiefs also believe they know the source of inside information that helped the gang hold up the Glasgow-London mail train 48 miles northwest of London IS days ago and escape with VI million in British currency. Wealthy contractor to succeed Kefauver NASHVILLE. Tenn. (AP) -Democratic Gov, Frank Clement named Herbert S. Walters, wealthy East Tennessee contractor, today to succeed the late Sen.

Estes Kefauver. Walters, 71, Democratic national committeeman, will hold office until a successor is named in the Nov. 3, 19114, election to serve the remaining two years of Kefauv-er's term. Kefauver died of a heart attack Aug. 19.

Walters, a figure in slate Democratic politics for more than 20 years, is mora conservative than was Kefauver. Into the equal-time problem," said Ferrer. "If we had an hour, the networks would have to give the other side an hour, too. So we will have to be content to share an hour with them. We will also go on news shows over radio and television." Warning Ferrer said he had warned his fellow actors: "You know what happened when Hollywood sent delegations to Washington before.

They got clobbered. Wa can get clobbered, too, if we don't know what we're talking about. We'll be facing the Washington press corps, the beat in the country, and we'd better have tha right The committee has chartered a plane to fly a load of stars to Washington on the morning of Aug. 27, The price for fart and one night'a lodging is $244 and soma stars have donated $500, so that local workers for Negro organizations can go, too. Ferrer's broadcast committee consists of Tony Curtis, Billy Wilder, Andre Previn, director Blake Edwards and writers Stanley Shapiro and Nate Mqnaster.

It was formed after Ferrer told his fellow members that the best function they could perform was in the field of public information. "At first we wanted to put on a television special, but we ran Radio-TV no one for their conscien ioui conduct." Benny says Grade Allen greatest in art of timing By BOB THOMAS HOLLYWOOD (AP)-The Aug. 28 "March on Washington" will get support from some of Hollywood's most famous names. Plans for cooperation with tha Negro drive are being formulated by a stellar committee. Chairman is Charlton Hcston.

After initial meetings, he had to go to New York for a television show and his duties are being carried on by James Garner and Marlon Brando. An estimated 100,000 to 2M.000 Negroes and whites are expected ta converge on the nation's capital Aug. 21 in support of civil rights legislation. Among show personalities who have announced their intention to be there are: Tony Curtis, Tony Franciosa, Pater Brown, Paul Newman, Jo-Anne Woodward, Billy Wilder, Sidney Poitier, Pearl Bailey, Dick Gregory, Sammy Davis as well as Brando, Heslon and Garner. Other Burt Lancaster and Gregory Peck are expected to fly to Washington from film locations in Par-Is.

Harry Belafonte has been released from one night's performance at the Greek theater here so he can attend. Other names will be announced. Mel Ferrer, who is chairman of tha broadcast committee gave some of the background of tha group. "Ours is a self-dissolving organization whose sole purpose ia to lend support to the march on Washington, which we feci is for a just cause," he explained. "We don't even have a name for the group.

"Our purpose is to help get across to the public that the mission of the march is as President Kennedy said, a peaceful assembly to petition for a redress of grievances. Perhaps by the use of our names we can get more attention to that mission than can other people." The hook Hatticsburg American season in network television, dismayed but not downhearted because of a CBS decision to separata him from "The Red Skelton Show," which has preceded him in recent years. This year, "Petticoat Junction" a new comedy series, will be slipped between the established Tuesday night shows, don't understand it," Benny complained. "It was a good setup and we helped each other. But all they seem to care about today Published by Hottioiburq Americaa Publiihint Ce.

Hattiesburq. Mississippi THOS. ST. JOHN Geaoral Manager LEONARD LOWREY Ixtcutlv Idlter By CYNTHIA LOWRY AP Television-Radio Writer HOLLYWOOD (AP)-Jack Benny, the acknowledged master of timing, insists that the performer without peer in this subtle art is Grscie Allen. Timing is the ability to do tha right thing at tha right moment, tha quality that tells Benny, for example, exactly how long to pause before turning an exasperated face to tha audience and exclaiming, "Well!" Grade Allen has retired but those old Burns and Allen television shows are still around and Benny is their ardent fan.

Tk. PtOIS The Auociated Priii i enfltlee I. 1. tnr BubliCI- ion of all th local news in this newspaper ti well at all newi diipatchos. Aniwer to Yeeterday'i Funis CROSSWORD PUZZLE ACROSS 1-Cut of ntil ALLDALriE IAIlTsTE 5TAT LT I ETb a nqsJt a fP A.

Nl a pie STTIt aNTR 6 fj pT Tnoikali ti QJdCTd a AlMgjRLi r3iDi Agistor oTpTA Lil I A jElSl PlfP EpflT fl? EIaJt 3En gLl5gnAlB6. 20 I-miliars shot l-Rlvar la Siberia T-Neatlv S-Snatch t-lndlan tanti 10- Fxlat 11- Through 16- 7'rmagant ll-Enoountrrcd 10- Fhada trf 22-Showy tlontr M-Piiraut SS-Mlat 17- Closn ecurtljr Jl-Taut JO-Man'a nlcknam Si -Moccasin II.HarS-ah.llad fruit 11- Farai 41-Paoka away tl-CUllUI Of cattla Jesse Stalker is off the hook, but the hook is still there, waiting to snag other victims. Stalker is the Ravenna, N.Y., dairyman who found himself faced with penalties of for which the Federal Government dunned him until he took the matter to court. The court didn't decide anything, but It urged the Agriculture Department to take another look at the case. Now, $20,000 exceeds the going penalty for many high crimes.

What had Stalker done? He had bought cream, which, of course, is not a crime at all. But he had bought it in containers that held 20 quarts. "Ha," said some bureaucrat, he is entitled to buy It for resale to his customers only in two-quart containers. That was all it took to wreck Stalker's peace of mind by threatening him with possible bankruptcy. Even those in public life who see salvation in Government regulation of anything and everything seemed disturbed.

Nobody thought the punishment fit the clrme, The Agriculture Department now has de-. cided that Mr. Stalker can quit worrying, and won't have to pay up. "It was one of those technical things," was the jovial remark attributed to a department source. "We were all happy to see Stalker get off the hook." The silly regulations that tripped him up, however, are still In effect.

The Agriculture Department keeps asking power to make more regulations to cover more farmers and more commodities. Other departments also are seeking more power to make regulations, and there Isn't one of us who couldn't Inadvertently trip over some department's fat rule book and find himself liable. The American Bar Assn. now has heard ft plea from its president, Sylvester C. Smith, that it take steps to curb the multiplication of new regulations, and that is a good idea.

Mr. Smith asserted that the Federal agencies are Assuming powers even beyond the vast ones ceded to them by Congress. See Mr. Stalker for details. Unscramble these four Jumbles, one letter to each square, to form four ordinary words.

IS-Amertraa aaaaylat SH-Vaa 67-Fma! dr H-Ba mistake' 10-Parlod of time fl-Noto of scal 45-Kndured 47-Organ of hearing tl-Charg account ll-Ltaa S4-Wlf of Jacob GEWED of is insuring the success of new shows. Now I'm opposite the last part of two hour-long shows and in back of an untried one." Isn't he tired of playing the ssme vain, miserly character? "Oh, it never gets boring," he protested. "The character is a composite of faults you'll find in everybody or at least in everybody's family. "And besides," he added, "there's no limit to the cheap jokes. And we can do stingy jokes without even gag lines, because the character has been established for so long." The man who created "December Bride." has an idea for a sequel: "December Groom." That's creative television.

Tide table (Mouth of Pascagoula River) Date High Low Aug. 20 11:48 a.m. 9:26 p.m. Aug. 21 12:41 p.m.

9:24 p.m. Aug. 22 1:32 p.m. Aug. 23 2:07 a.m.

7:35 a.m. 2:34 p.m. 7:21 p.m. Aug. 24 2:13 a.m.

10:19 m. Aug. 25 2:38 a.m. 1:12 p.m. Aug.

26 3:14 a.m. 2:37 p.m. Aug. 27 3:56 a.m. 3:27 p.m.

Aug. 28 4:43 a.m. 4:11 p.m. Aug. 29 5:38 a.m.

4:55 p.m. Aug. 30 6:36 a.m. 5:37 p.m. Aug.

31 7:35 a.m. 6:18 p.m. Tides in Bay St Louis may It fju red by adding S3 minutes to tha above high tides and one hour and 21 minute to the low tides. "Nobody has Grade's timing," Benny said, "and when I see those shows todsy I'm constantly mora amaied by it. Remember, she had one of the toughest jobs in tha world, doing nnn-sequitur lines.

They came right out of the blue, and there was nothing in the feed lines that could cue her responses. They just didn't make sense. It was a terrible job to handle them. But she'd Ooh and Ah around and come up with them exactly right." Jack is deep in plans for his 14th Newcomers Club meeting place is changed The Newcomers Club meeting scheduled for 10 a.m. Wednesday with Mrs.

T. Let Praytor will bt held instead in tha home of Mrs. William W. Carter, 702 Crest-view Drive. Mrs.

Charles Defat-ta will bt co-hostess. The meeting place was changed due to tha illness of Mr. Praytor, who is a patient at the Methodist Hospital. Tha club sponsor, Mrs. Traytor, who also is community hospitality hostess, invites all new dents of the city to attend and become affiliated with the club.

A Dutch luncheon will be serv -Hit UshtlT high not 18-Toll 14- Bcforo 15- Army meals 17-Meddlo with 11-Th oni htro tl-lnnal Jl-Otnin of maplri J4-Klry -Trll 29-Pragtnent ll-Clcanlng uttnall ll-BIhoprlf 14-Bymbol for tantalum ll-Fal 1-Iniflnlt artlrl 4(1-Worm tl-Point (colloq.) 44-Prlaon compart mania 4l-Nerv network 41-Hunhy clump Srt-Comfort it-Paddla ll-Trad for monay Ilk cat te-rfaatd ll-Natlv matal ll-Waiar ht ll-Parlo 1m es-nnai 6-Moiara IT-Arld DOWN -Pra border t-Taar4 tk ahaltarot Md Mini I if I in WO MAKES I his uvisja py POINfl IMITATION IT TT 11 It 17 It IIT 75 io IT ST 33" ST 37 39 3s 14 4o J7 J8 60 ST 62 af Tv 6 'A 6 tv-j I I I hx 1 i I Now arrange the circled latter to form the surprise answer, uggestad by tha abort cartoon. Print tki SURPRIS! ANSWER fctrt i A A A I JumbUai YIARN TONIC IGOISM GRATIS ed at noon and members art asked to take a sandwich or other food. Bridge and canasta will bt played in tha morning and after noon. -ti-rtlay XTkmm mmtfjtmm as atf gbas loal favtHtnerlrJ NLSTI.