The Charlotte News
Wednesday, April 16, 1958
THREE EDITORIALS
Site Ed. Note: The front page reports that the President this date at his press conference had stated that whenever he was convinced that a tax cut would benefit the country, the Administration would consider it. He gave no indication of any change in his thinking that no tax reduction was presently necessary. When reminded by a reporter that former President Truman had just advocated before Congress for a five-billion dollar tax cut for low and middle income groups, the President said that he would have no comment on the views of anyone else, but said that if he became convinced that a tax cut would benefit the U.S., he would then take it up. He cautioned against rushing into any large public works program in an effort to combat the recession, whereas former President Truman had advocated a large increase in spending for such projects. In rebuttal to Mr. Truman's call for reducing costs of carrying the public debt, the President said that to lower interest costs on the public debt, it might be necessary to sustain a lower interest rate, which would mean higher prices. When correspondent Sarah McLendon, who represented several Texas newspapers, commented that his veto the previous day of a 1.5 billion water projects authorization bill was being criticized by some in Congress, including Representative Jim Wright of Texas, who had said that the President ought to leave aside some of his golf and get out for a first-hand look at conditions in the country, the President had replied, without any show of irritation, that he did not know Mr. Wright but had visited small villages and towns throughout the country, many more than had the Congressman. Regarding the 1.8 billion dollar highway construction bill, when asked whether he intended to sign or veto it, he said that he had until midnight to act on it and that he would do so by that time, initially saying that he had until midnight to send a message to Congress, perhaps tipping his hand that he planned to veto it. Republicans in Congress were speculating that he would sign it. Another reporter had noted that former Secretary of State during the Truman Administration, Dean Acheson, had suggested the previous day that U.S. Presidents ought not attend international summit conferences, and the President remarked that there might be something to that view, later adding that there was much to the view. Mr. Acheson, in a speech in Kansas City, had remarked that Presidents ought maintain a detached attitude and not become involved personally in attendance of such conferences between heads of state. The President said that he had always felt that way about it but was always willing to take a risk and attend such conferences if he believed there was any chance of progress.
The President this date sent to Congress his proposals for strengthening the position of the Secretary of Defense but left for later action the matter of Pentagon money control.
A lawyer for a Philadelphia Teamsters Union local, at a hearing before the Senate Select Committee investigating misconduct of unions and management this date, had been accused by the Committee of "acting highly improperly" in serving also as counsel for men accused of stealing from the union. The Committee had called a score of witnesses this date for a probe into alleged juggling of financial records of the Philadelphia local.
In Bukittinggi, Central Sumatra, an Indonesian Government Naval task force consisting of a destroyer and four corvettes had bombarded the rebel port of Padang for two hours this date, with the long anticipated final assault to crush the rebellion appearing at hand.
In Augsburg, West Germany, Messerschmitt and Heinkel, the manufacturers of Germany's famed World War II airplanes, had assembled and flown West Germany's first postwar jet plane.
In Bonn, West Germany, Finance Minister Franz Etzel had presented a balanced budget to the Bundestag this date, without any provision to pay support costs for allied troops in West Germany.
In Paris, NATO's defense ministers had agreed unanimously this date that Western ground strength in Europe had to be doubled and their forces equipped with arms which could deliver nuclear warheads against a Communist attack.
In Oslo, Norway, Foreign Minister Halvard Lange said this date that any Norwegian attempt to veto atomic weapons for West Germany would mean that Norway had placed itself outside NATO.
In Huron, S.D., the chief judge of the U.S. Court of Appeals, Archibald Gardner, said this date that he would appoint a new judge to hear the integration case in Little Rock, Ark., after U. S. District Court Judge Ronald Davies of North Dakota, who had heard the case the prior September, was now trying cases back in his own district.
In New York, four members of a youth gang were convicted the previous night of murdering a 15-year old polio victim, son of a City fireman. All of the defendants had been spared the electric chair, and three of them had been acquitted. An all-male jury had returned the verdict 24 hours after receiving the case. Two defendants, an 18-year old boy, black, and a 17-year old boy, Puerto Rican, were convicted of second-degree murder, facing the mandatory term of 20 years to life imprisonment, the only two defendants who had been subjected to the death penalty for first-degree murder. The victim's father had fainted in court when he heard the verdicts. The two other convicted defendants, one, 19, black, and the other 17, a native of the Dominican Republic, had been found guilty of second-degree manslaughter, punishable by up to 15 years in prison. All seven of the defendants had been members of the Egyptian Dragons gang. The three acquitted defendants included a 15-year old epileptic, a 17-year old who claimed to have been drafted into the gang, both white, and a 16-year old native of Puerto Rico. It was said to have been the longest first-degree murder trial in the history of New York City, having begun January 10, and costing an estimated $250,000.
In Fort Pierce, Fla., martial law had been lifted this date following a tornado which had left 50 persons injured and property damage estimated at 5 million dollars. Storm clouds had also caused twisters north of the community in St. Augustine and on the Florida west coast, near Fort Myers and at Wimauma, 25 miles south of Tampa. Fort Pierce had been the hardest hit of the communities, the storm having struck in the early afternoon. Freak winds had straddled parts of the main thoroughfare from west to east, destroying 54 homes and damaging scores of others, with no deaths having been reported. A B-47 jet bomber from MacDill Air Force Base in Tampa had blown up and burned while a tornado was scorching Mullet Key on Tampa Bay, and no trace had been found of the four airmen aboard. Ten persons had been injured in St. Augustine, and the sheriff reported that at least seven had been injured at Bereah.
In Portsmouth, N.H., a B-47 jet bomber had crashed and burned the previous night during take-off from Pease Air Force Base, and its crew of four had been killed.
In Boston, a father and his baby son had perished early this date in an apartment house fire, and three others, who had been trapped by the flames, leaped from third-floor windows, suffering injuries.
In Bennettsville, S.C., a break in a dam was expected at any time, as residents of the Shady Rest section of the predominantly black community, slept in their cars and at the homes of friends the previous night to escape a recurrence of the previous month's flooding. Leaks in an urban dam at one or two State Wildlife Commission lakes were threatening the homes of about 600 persons for the second time in a little more than 30 days. Already, about 200 families had been evacuated. A Bennettsville radio station remained on the air throughout the night to warn people of flooding, and the Red Cross was present to provide meals for evacuees. Members of the 201st Medical Battalion of the South Carolina National Guard had been called up to block off the area. Four large cracks had appeared in the dam as a section 20 feet wide began to crumble early the previous day. A relief ditch had been cut several hundred yards from the break to relieve pressure. While some thought that the relief ditch would handle the problem, the superintendent of the lake for the State Wildlife Resources Commission said, "She's gonna blow." Police said that winds whistling across the lake at approximately 2:00 a.m. had kicked up white caps from 6 to 8 inches high. One hundred and twenty-five of the evacuees had spent the previous night at the east side high school, and by morning, water had already reached a foot in depth in one street of Shady Rest. (This story might also relate obliquely through time to that which we have referred below regarding current events here in 2025, and the arrest by an Acting U.S. Attorney in New Jersey of a New Jersey Congresswoman. The reference to the state of the dam by the superintendent of the lake appears apt for the Acting U.S. Attorney. Yet, you might have your own interpretation. That is what America is all about, though we do not have "alternative facts", there always being, philosophically speaking, one objective set of facts, established to one degree or another by admissible evidence, in the instance referenced, very clearly establishing the contrary to which the very inexperienced and unknowledgeable, save in make-up technique, Acting U.S. Attorney has alleged.)
John Kilgo of The News reports of a 26-year old man who had four wives and was in jail charged with the murder of the one he said he had loved the most, his third wife. He said that he and his former wife had gone to his trailer on Wednesday night and he did not "think" he had planned to hurt her, but that before he knew it, he had hit her in the head with a flashlight and choked her. He vowed that he loved her with all his heart and still did, that she had never done anything to hurt him, that he had wanted to go back to her, but guessed he had not tried hard enough. He had come to Charlotte from Richmond, Va., three years earlier, having worked at odd jobs in Virginia and in Charlotte, where he was employed at a veterinary hospital. He spoke intelligently and said that he had gone through one year of high school. The deceased had come from Richmond to Charlotte in early March and obtained a job in a local department store. He said he had gone to work after the killing on Wednesday but could not keep his mind on his job and so returned to his trailer, where he stayed for awhile, then went to the residence of the deceased and lay on the bed, thinking of her and that her family would come to Charlotte this date and that she had a sister who was very close to her, believed that her death would "kill her". He had earlier been given a six-month suspended sentence and was placed on probation for three years the previous day for assaulting his present wife.
In a separate report, a preliminary hearing on the charge of beating his third wife to death with a flashlight was set for Friday in County Recorder's Court. Police said that he had admitted killing the woman at his trailer the previous Wednesday night, and that he had been arrested the previous day, just a few moments after being given the suspended sentence on the other case. His present wife had discovered the body of the prior wife the previous afternoon when she had gone to the trailer to obtain her pocketbook which she had left there the previous Friday night. The two had been separated for several weeks. After discovering the body, she called her lawyer, who called the County police. The police then set up a roadblock in the area around the courthouse, learning that the defendant had just left. When he drove up to the trailer in his former wife's car, police arrested him, at which point, according to the officers, he cried out: "I killed her. I killed her. I had to." We wish his counsel luck on his defense, insanity seeming to be the path of least resistance, there being no apparent immediate provocation amounting to "heat of passion" to reduce the murder to voluntary manslaughter.
Also in Charlotte, three children had fallen into a deep, muddy hole off the North 29 bypass in West Mecklenburg shortly after noon this date, with two of them having been pronounced dead on arrival at the hospital. A five-year old girl was rushed immediately to the hospital by a passerby, and she was pronounced all right. The two dead children, both boys, were ages nine and seven. A fourth child, a boy of 4, was found standing on the edge of the water hole, not having gone into the water, but suffering from shock and unable to provide a coherent account of what had happened to his sister and brothers. The children lived with their grandparents about 9 miles west of the city limits. Reporter Julian Scheer of The News had rushed to the scene, describing the pool as being deceptively deep, apparently having formed by construction of the Highway 29 bypass. It was said to be about 15 feet deep in the middle but appeared to be very shallow. It was not immediately known how the children had fallen into the water. A neighbor had seen them playing on the bypass, still unpaved, at around noon, and the two older boys had been on the edge of the pool, but not yet in the water. Another neighbor who was driving a tractor along a nearby road, heard the children's dog bark and saw the four-year old boy pointing toward the water, at which point the man plunged in and pulled the little girl out, but could not find the two boys, and summoned the Life Saving Crewmen from Charlotte and Mount Holly. They had pulled one of the boys from about 6 feet of water and the other was found lying face down in shallow water at the edge of the hole.
In Charlotte, W. T. Alexander, a veteran Republican member of the County Board of Elections, had announced this date that he would be a candidate for the State House, having mailed his resignation to the Board of Elections, to become effective after completion of his duties following the April 26 bond election.
In Los Angeles, according to sheriff's deputies, a 300-pound transient had sought to kill his estranged wife and mother-in-law with arsenic-laced sweets. The 41-year old man had been arrested the previous day, allegedly having mailed the candy to his wife and mother-in-law. He was quoted by officers as saying that he was mad at the "whole bunch of them", that his wife was going to take the kids for good. His wife and his wife's two children had eaten some of the candy and had become violently ill, but officers said that they would recover. He was booked on suspicion of attempted murder.
In Denver, Colo., a 29-year old woman had caught a 19-year old male youth prowling in the rear deck of her automobile outside a tavern where she worked. When officers arrived after being called by a patron, they found her holding the man in a firm grip, saying that she outweighed him by at least 20 pounds and so "it wasn't so much".
On the editorial page, "The Story of Two Seekers after Peace" indicates that Garry Davis, who had emerged from World War II convinced that war could and should be ended by removing national boundaries, wanting an ultimate solution on a short-order basis, having, along with others, started World Federalist chapters on college campuses across the nation, cheering the speeches of former one-world advocate from Minnesota Harold Stassen and savoring the logical arguments for federalism made by E. B. White in the New Yorker, was one person who was striving for peace. Another was Secretary-General of the U.N., Dag Hammarskjold. The two men had nothing in common except the desire for peace and a willingness to work for it, but what had happened to them in the previous few years offered a commentary, it suggests, on the question.
Mr. Davis had renounced his U.S. citizenship and dubbed himself World Citizen No. 1, going about the world trying to rally opinion to his cause for more than a decade. The end of his crusade had come during the week when he left Italy for the U.S. with only 80 cents and a desire to regain his U.S. citizenship and enter show business. U.S. officials told him he would have to through a naturalization process to convert his "world" citizenship back to U.S. citizenship.
Secretary-General Hammarskjold, meanwhile, was working to erase boundary lines before coming to his post at the U.N., while working as a civil servant in the Swedish Government. Five years earlier, when he became Secretary-General, his formidable task had been to get along with two implacably opposed powers and all of the neutral nations in between, while trying at the same time to serve peace. He had enjoyed a remarkable degree of success and recently had begun his second term in the position, resulting from his unanimous re-election by the member nations of the organization. His office had no more power to preserve the peace at present than it had at the beginning of his tenure, but he had earned in the meantime worldwide prestige, one of the U.N.'s most precious assets, and his hold on the confidence of both power blocs had enabled him to intervene, sometimes helpfully, in many of the world's most threatening crises of the previous three years, including the conflicts in the Middle East, particularly the Suez Crisis of October-November, 1956, as well as the Soviet intervention in Hungary during the same period of time.
As a symbol of the world's desire for peace, he had not always been able to extinguish the flames but had been successful on occasion in keeping the disputants from adding to them. It was more than any other individual in the world at present could do and was of unique value to the world offered by one earnest man.
The previous week, the U.N. Correspondence Association had provided Dr. Hammarskjold a luncheon, and, according to the Christian Science Monitor, the Secretary-General had said: "Patience is the most important virtue a peacemaker can have. It is natural to want quick, decisive results, but in world affairs a slow, steady evolution toward justice and order is often the best that is attainable."
It suggests that perhaps it was a tired platitude, but to Mr. Davis and others of his type who had set out so nobly to find a shortcut to sanity, it must have possessed the ring of truth.
"In Charlotte, Fine Theater for Seekers" indicates that despite the realities of economics, competing media and the problems of running a handicraft in an age of mass production, superior drama was still available in Charlotte for those who would seek it out.
It blossomed with a minimum of theatrical trappings in the main gallery of the Mint Museum of Art, where, under Dorothy Masterson's sensitive direction, a group calling itself the Drama Guild had presented plays of unusual merit for several years, with some having been simple readings, some having been full-blown productions, but all having been artistically creditable.
The Guild would offer The Glass Menagerie by Tennessee Williams, beginning the following Friday, and it encourages those who had a taste for living theater with moral validity to attend. The last performance would be on Sunday afternoon.
The Little Theater was devoting itself largely to "frothy material", its next production to be a melodrama, Gold in the Hills—or The Dead Sister's Secret, while the Guild was championing the cause of fine drama admirably, even tackling such challenging works as Antigone and Medea. It had presented a polished reading of Don Juan in Hell and one of its more recent triumphs had been Joan of Lorraine. It indicates that there was room for both froth and serious drama and that both were equal entertainments, but that the Guild was consistently introducing a rare element, art.
"'The Hornets Will Win the Pennant'" tells of the season opener for the Charlotte Hornets minor league baseball team, that regardless of the ultimate outcome for the season, April in baseball did "something magical for a man's general outlook. Not even the dourest December pessimist can really believe in April that his team will wind up with anything less than a stranglehold on the pennant. It is a part of the mystique that is baseball to believe as firmly in timely bingles and ninth inning rallies as Julius Caesar believed in the power of Jupiter to deliver him from the Arveni."
There was only optimism tolerated in April, while despair was reserved for August or early September.
It encourages local fans of the Hornets to welcome home the team with a large and noisy turnout, indicating that whether they would win, lose or get rained out, they added a lively metropolitan sheen to the city's springs and summers, finding that the South Atlantic League, of which they were a member, offered a "lusty brand of professional baseball" to the city and its citizens, especially in the year in which the Hornets would win the pennant. "Here's to April, optimism, faith, hope … and the millennium."
A piece from the Kansas City Times, titled "The Rites of Spring Training", indicates that in the Devil's Dictionary, Ambrose Bierce had defined an optimist as: "A proponent of the doctrine that black is white." (Surely there is an added definition by this point which reads: "2. In modern parlance, a Humpty-Dumpty Trumper.")
It finds the definition to fit the rites of spring training when every rookie hit like Babe Ruth or pitched like Walter Johnson. During the final struggle of winter, it was appealing to read of baseball teams limbering up in Florida and Arizona.
"Sure Mickey Mantle can cut his strikeouts from 75 to 50 and drive in 100 runs. In another camp, Willie Mays clouts three out of four consecutive pitches out of the park. Immediately there are predictions that at last he will break the Babe's all-time mark. Maybe he will, but no one ever has. Young sensations are warming the hearts of club owners and managers and warming the pens of sports writers. Everywhere the rookies, 1958 version, look better than ever. And so do the old pros."
It indicates that they were the happy days when every team looked like a pennant contender, if not an outright winner. While, by season's end, the current whiteness might have turned black, for the present, the hopes and optimism of spring training quickened the pulse for another trip to the ballpark.
Drew Pearson indicates that the DAR was "benign, busy, and buxom" in their springtime annual effort in the nation's capital to keep things as they had been when their ancestors crossed the Delaware or made whoopee following the surrender of Lord Cornwallis. The organization had taken potent stands on all types of policies, from the late Senator McCarthy to the banning of Marian Anderson from Constitution Hall at Easter, 1939, leading to her performance on the Mall before the Lincoln Memorial at the behest of Eleanor Roosevelt, and in the current year, battling against fluoridation of water supplies.
The leader of that effort in seeking to protect the teeth of children was Mrs. Ray Laverne Erb, who lived on the plush East Side of New York City. He describes her as a lady of charm, distinction, and the positive view that the AMA, the Public Health Service and the most eminent dentists of the nation were wrong about protecting the teeth of children through fluoridation of the drinking water. She thought of fluoridation just as had some old Army officers, playing pinochle in the Army and Navy Club, had felt about the cavalry, believing that missiles and airplanes should never have replaced the horses. Mrs. Erb, however, was in a better position to carry out her policies than retired Army officers, as she occupied the strategic post of national chairman of the national defense committee of the DAR and also was a member of the resolutions committee.
He indicates that long before the DAR had beat the cherry blossoms in coming to Washington, Mrs. Erb had been busy bombarding other Daughters with literature showing that fluoridation of the drinking water was "socialized medicine", inspired by Communists and deprived the people of their constitutional rights. She had even used the former reverend, former Communist Kenneth Goff as a propagandist for her effort. Mr. Goff was a joiner of extreme causes, having gone from the Communist Party to Gerald L. K. Smith's rabble-rousing "Christian" Party. In between, he had been convicted for passing bad checks. Mrs. Erb, however, placed such veracity in him that she was circulating his affidavit swearing that the Communist Party "discussed quite thoroughly the fluoridation of water supplies and how we were using it in Russia as a tranquilizer in the prison camps. The leaders of our school felt that if it could be induced into the American water supply, it would bring about a spirit of lethargy in the nation; where it would keep the general public docile during a steady encroachment of communism. We also discussed the fact that keeping a store of deadly fluoride near the water reservoir would be advantageous during the time of the revolution, as it would give us opportunity to dump this poison into the water supply and either kill off the populace or threaten them with liquidation, so that they would surrender to obtain fresh water."
By contrast, the Public Health Service officials stated that to produce a lethal effect, a three-year supply of sodium fluoride would have to be dumped into a reservoir.
It is why, undoubtedly, the ladies of the DAR consumed straight vodka whenever their thirst needed quenching, either that or some herb, supplied by the national chairman of the national defense committee.
Doris Fleeson reports that there were two articles of faith among supporters of Vice-President Nixon showing that he was ready for the Presidency, first, that he had now "matured", earnestly repenting of the type of campaigns he had waged for the House against Representative Jerry Voorhis in 1946, and for the Senate against Representative Helen Gahagan Douglas in 1950, both involving Red-smearing, and, second, that he had incomparably the best training of any Vice-President for the presidency.
It was never admitted by the admirers of Mr. Nixon that the very deft but low-down campaigns which had launched him on the national scene had been anything but possibly rather unsporting, but it was agreed that he had been injured by them among independents and Democrats, some of whom had to be won over by 1960, as the Republicans were a minority party in the country.
Thus, "Operation Maturity" was ongoing, generally falling into two parts, one being to call attention to the Vice-President's present discretion and his successful journeys representing the country, another of which, to South America, was about to begin. There was no disagreement that he had performed well in his travels thus far, extremely important to him because of powerful political minorities at home and because they helped to fill his lack of experience in foreign affairs during his career. The Vice-President had organized each trip with his customary shrewdness and attention to detail. Ms. Fleeson indicates that correspondents who might wish to accompany him to South America were already in possession of a detailed memorandum for the trip, which would begin on April 27. About 35 correspondents had signed up for the tour, in part because of the ongoing attention to the President's health.
In contrast to the Vice-President's African tour, the newsmen had to charter a private plane, whereas on the African trip, there having been a desire to have present as much as possible of the black press, the State Department had been induced to get the Military Air Transport Service, the facilities of which were much less comfortable but also less expensive, and the media had been charged by the Service only $1,000 for their representatives' travel.
The big test of Mr. Nixon as a Government spokesman abroad was still to come, when he would tour Europe, planned for the previous fall but canceled on the ostensible grounds that time was lacking to make arrangements for stops which Mr. Nixon wanted to make, in Poland, Yugoslavia and other Iron Curtain countries linked to important voting minorities in some large states of the U.S. Mr. Nixon was still eager to take that tour and the press attention he would inevitably receive would be both more exhaustive and more critical than elsewhere during his travels.
There were stories that he had told critics of his 1946 and 1950 campaigns that "I was young then, I'm sorry." It had been established that he made such a statement to David Astor of the London Times, who reportedly had been impressed by the Vice-President's "sincerity". California reporters indicated that the Vice-President had been asked while at home recently about published stories with Mr. Astor, and that he had replied that they had been "exaggerated".
Some people would let bygones be bygones and others would contend, as Margaret Halsey, that short of some "unmistakable portent—such as Mr. Nixon's resigning his office and going to Africa as a missionary—common sense requires the working hypothesis that he has not changed and is not going to."
She concludes that the argument that the Vice-President had superior training for the presidency could be handled more practically by reference to the President, who had just made a notable contribution to that argument—apparently making reference to his comment at the conclusion of his press conference on April 2, which would stand in contrast to a statement he would make two years hence on the same subject.
Incidentally, speaking of Watergate and the use of the Justice Department and other agencies of the Government to target political enemies, the prosecution now initiated by the Trump Department of Justice in the District of New Jersey against a sitting Congresswoman for supposed assault on a law enforcement officer, a District wherein his grossly unqualified former civil lawyer in his defamation case, which she badly mangled, muddled and lost, who appears never to have practiced a minute of criminal law, is, nevertheless, presently Acting U.S. Attorney—with the emphasis on acting—, is, itself, plainly unlawful, as anyone who has ever been a criminal defense attorney or prosecutor would surely know double-quick.
For resistance to the unlawful arrest of another, in this case the Mayor of Newark, against whom the charges previously brought without basis against him by the same Acting U.S. Attorney, have now been dropped as baseless, is a justifiable use of force not exceeding the amount of force used to effect the unlawful detention or arrest, consistent with the principles of ordinary self-defense or defense of others. The principle was articulated long ago, in 1900, by the Supreme Court in John Bad Elk v. U.S., holding unanimously: "If the officer had no right to arrest, the other party might resist the illegal attempt to arrest him, using no more force than was absolutely necessary to repel the assault constituting the attempt to arrest." And, as with all self-defense principles, it applies with equal force to defense of others in like circumstances.
That case arose out of the Pine Ridge Indian Reservation in South Dakota and so, if the Attorney General and the Acting U.S. Attorney for New Jersey are unaware of it or the basic principle, which every law student ought learn in either their courses in criminal law and procedure first year in law school or in constitutional law in one of the subsequent years, then surely the Secretary of Homeland Security, though not a lawyer and barely a graduate of college, ought know of it, as she was the former Governor of that state and can therefore educate them—though we realize, as she amply demonstrated just today, that apparently she never had a civics course and is not too hep on the law, as she had no idea what even the basic principle of habeas corpus is, something most high school students understand, when asked by a member of Congress to explain it, stating assertively, and with the sound of great legal scholarship and authority in her commanding voice, that it is "a Constitutional right that the President has to be able to remove people from this country and suspend their right to…" presumably thus being his right to arrest and deport anyone he damn well pleases, had she finished her statement before being interrupted, even though it is not a power or right of any branch of government, but rather a duty of government to explain the legal rationale, when challenged, for arrest or detention of any person, arising under the due process clause and the Fourth Amendment, failing which, the person must be released from detention or custody. The only mention of it in the Constitution, per se, beyond its principle being subsumed implicitly under the Fourth Amendment and due process clauses of the Fifth and Fourteenth Amendments, is in Article I, pertaining, among other things, in section 8 to the powers of Congress, not the President, with section 9 enumerating specific powers disallowed, in clause 1 thereof, stating that habeas corpus shall not be suspended except in the cases of "rebellion or invasion when the public safety may require it." Apparently, the Secretary of Homeland Security had relied on the literal translation, "to have the body", and thus that, as the old salty saw has it, possession being nine-tenths of the law, at least in Jack Cadeville, to have the body is to have the body, throw it on the back of the damn horse, and be gone with it over the border before the Union cavalry can come and catch up with you when it gets to be daylight enough to follow your trail. But we digress...
The point is that the Congresswoman who has been arrested for lawfully interfering, through the use of resistant force only, with an unlawful arrest of the Mayor of Newark, is not subject to indictment or prosecution for same. The Acting U.S. Attorney for New Jersey needs a refresher course in constitutional law—or, perhaps, a course in the first instance, as she may have taken a powder that semester, or so it would appear given her prior public statements during her client's previous trial in New York regarding his "free speech" rights in defiance of court orders.
In addition to John Bad Elk, this Acting U.S. Attorney should consult The Amistad from 1841, in which the same basic principle of resistance to unlawful arrest was enunciated and upheld. But maybe she never even saw the movie, let alone heard of or read that case, or even, apparently, is aware of the principle, resulting from her abiding desire on any given day to get her hair done just so and her manicure and pedicure accomplished for her poseuring photo opportunities, alongside the Secretary of Homeland Security, who barely has a college degree, achieved barely over the course of 22 years of diligent intercourse with the subject matter. The Acting U.S. Attorney, after all, said just last year that she would rather look nice than be smart.
We have seen some Fox-Prop-informed people on the internet asserting such things as, "break down a fence and assault a police officer, go to jail", in reference to this matter, not understanding the basic facts, that no one broke down a fence, that the resistance to the unlawful arrest of the Mayor occurred on public property outside the ICE detention facility where the Mayor and the Congresswoman and others were lawfully present after having been allowed into the facility for an inspection pursuant to the oversight duties of Congress. The attempted arrest of the Mayor then followed outside the fence, not inside it.
It is best not to rely on Fox-Prop, Propanmax or the blogosphere for one's education regarding the law and matters of justice, or anything else, or you will wind up sorely misinformed and quite as uneducated and stupid as certain actors on the reality tv-show, "Trump Administration, the Sequel". You may even wind up in prison, as those who sadly so relied and stormed the Capitol on January 6, 2021, claiming their right to do so because of a "stolen election" and the urgent need to arrest it and hang the Vice-President for doing his constitutional and statutory duty for which he had taken an oath to uphold, not only as Vice-President but as an attorney, those sad actors having been informed by some of the present acting U.S. Attorneys.
When they read, assuming they did at all, in Hamlet, or, perhaps, the Cliff's Notes version thereof, of the "proud man's contumely", they apparently misread it as the "proud man's costumely", and thus took it from there.
In any event, we all saw what the new, mature Nixon was all about for five and a half years after 1968.
This sort of stuff
Robert C. Ruark, in Palamos, Spain, indicates that he had been reading a piece recently in the Saturday Evening Post about Jack Sanford, a pitcher for the Philadelphia Phillies who had been named Rookie of the Year, in an article titled "Baseball's Oldest Youngster". He says that Mr. Sanford had been awhile in the minors until finally making his Major League debut at the age of 28, winning 19 games and losing eight for a sixth-place team.
The first major magazine to which he had ever sold a piece had been the now-defunct Collier's, about a fat, bald man, Dutch Leonard, for which he had been paid $400 which had to be split with the player, the last time he had ever split a fee with an athlete. Mr. Leonard had rambled around the minor leagues until brought up from Atlanta to the Washington Senators, until, after some injuries and appendicitis, he had been sent back to the minors, where he won 15 games for Atlanta, and Senators owner Clark Griffith had brought him back for the 1938 season. At the time, Washington had nearly an all-Cuban team, "before Cubans became fashionable". He was 29 by his claim, but was in fact quite a bit older, probably at least 35. His first year he had won 12 and lost 15 for a team which could not "have bested a female softball team." He was losing three- and four-hitters because there was a lot of fumbling going on by his teammates and no hitting. But one of his first victories had been over the youthful Bob Feller, 1-0 in 13 innings. The following year, not even his own teammates could beat him. Playing for a sixth-place club, he won 20 games, joining Red Ruffing, Mr. Feller and Buck Newsom, who was having a very good year. He had beaten the Yankees in four straight games before they got to him and he lost only one, because the Senators had managed to score only two runs in 27 innings.
He goes on regarding Mr. Leonard, indicating in conclusion that he had received a raise that year after making $2,500 with Atlanta, coming to the Senators for the same price, by season's end receiving $15,000, including bonuses.
A letter from J. R. Cherry, Jr., comments on an editorial appearing April 9 stating that a bill sponsored by Senator William Jenner of Indiana was "radical and irresponsible" because it would deprive the Supreme Court of jurisdiction in particular areas, as well as an amendment to that bill sponsored by Senator John Butler of Maryland, which would accomplish the same thing. Mr. Cherry thinks the editorial to have been overwrought, that the editors did not understand that the measure basically sought to return to the people and the states jurisdiction in specific fields which had always been theirs under the constitutional system. And he goes on, in his usual jabberwocky out of right field, claiming that the editors were actually reactionaries operating in the name of "civil liberties" by underwriting the Supreme Court's "grab" of authority from a majority of the people and the states, while opposing efforts by the latter to restore that lost authority through Congressional action. He asserts that the people would insist on passage of the bill despite the "shallow protests to the effect that the opinions of nine men are not susceptible to grievous error."
A pome appears from the Atlanta Journal, "In Which Is Suggested How To Avoid Missiles From The Skies:
"If
you think you've lost your luck
My
advice to you is—Duck!"
And
if, after a whoosh of the gray air beside you being sucked,
Your last words might be: "Geronimo, I'm about to be cooked."
Framed Edition
Links-Date — Links-Subj.