The Charlotte News

Monday, October 7, 1946

THREE EDITORIALS

Site Ed. Note: The front page reports that hurricane warnings were up in Florida as a hurricane packing 125-mph winds hurtled toward Tampa Bay, threatening citrus crops ready to be harvested. The warnings extended as far north as Cape Hatteras, while warnings were lowered to the storm category for the Florida Keys as winds in that area subsided to 60 mph. Beyond heavy rain, the storm was not expected to affect much the Miami-Palm Beach "gold coast". *A B-29 for the first time approached the center of the storm from above to make observations and gather data.

A report came from London that Jews had established eleven settlements in the northern Negreb area of southern Palestine, and were told by British Colonial authorities that they had the right to do so. They were believed to be armed and British armored forces were said to be moving toward them. The plan, according to a Jewish Agency spokesman, was to establish fourteen new colonies in the Gaza Beer Sheba area on land previously acquired by the Jewish National Fund.

At the Paris Peace Conference, Senator Tom Connally of Texas stated that the Italian treaty was indivisible and considered as a whole document, to be approved or not, and would not be amended with U.S. concurrence. He also asserted, in response to Yugoslav claims the previous week, that the United States had no intention of forming any military base in Trieste and that no troops would be sent to the city except by the Security Council in the normal course of its duties to prevent hostile action.

*The Prime Minister of Greece, Constantin Tsaldaris, demanded that Greece be given Epirus and Saseno because Greek soldiers had died in those provinces. The Slavic bloc strongly opposed such cession.

Harold Ickes criticizes the rejection by a three-judge Federal Court in Atlanta of the challenge to the victory of Eugene Talmadge in the Democratic gubernatorial primary in Georgia based on the county-unit voting system which gave nearly as much political power to sparsely populated counties as populous counties. He finds that they would have been more convincing in the rationale had they relied upon the Supreme Court holding from June 10 in Colegrove v. Green, 328 US 549, even if that case also had been less than convincing.

Colegrove, decided 4 to 3, had sidestepped a similar issue which had arisen in Illinois Congressional districts, giving a voter in one less populated district about nine times the power of a voter in a more populous district. Justice Felix Frankfurter, writing for the majority, deferred to Congress or the State Legislature the resolution of unfairness in apportionment of Congressional districts because the case involved a "political question", historically not considered the province of the Court. The basic Constitutionality and fairness of the 1929 Apportionment Act had previously been upheld by the Court in Wood v. Broom. As the Court could not redistrict the state for the Legislature, the only remedy remaining would be to invalidate the current districting plan, leaving Illinois with at-large Congressional elections, a worse alternative, doing violence to the Constitutional mandate that the House members represent only certain districts of each state, determined and apportioned by each legislature, subject to Congressional regulation. The other Justices in the majority were Stanley Reed and Harold Burton, with Wiley Rutledge supplying a separate opinion concurring in the result, but based on a somewhat different rationale.

According to Justice Hugo Black's dissent, joined by Justices William O. Douglas and Frank Murphy, it was not disputed that the voters of more populous districts in Illinois were being denied equal protection and their full right to vote.

Mr. Ickes finds it outrageous that the Court did not rule affirmatively on the issue, as counseled by the dissent, that every wrong ought have a remedy at law. "Politics", he reminds, was the foundation of the democratic system in the country, including the choosing of members of the Supreme Court, and ought not be considered off limits, regardless of forcing the Court "to raise delicately, and perhaps indecorously, the hem of its judicial robe."

He expresses hope that when the Georgia case came before the full Court, it might have a chance to reverse the holding in Colegrove.

The case was decided prior to the appointment of the new Chief Justice, Fred Vinson. Justice Robert Jackson remained on leave because of his role as lead prosecutor in the Nuremberg trials.

In 1962, the redistricting case of Baker v. Carr, 369 U.S. 186, expressly held that Colegrove found, via the combination of the dissent and the majority concurring opinion of Justice Rutledge, jurisdiction to have been recognized on such a question of reapportionment. It then proceeded to allow the challenge in the Federal courts, based on denial of equal protection under the Fourteenth Amendment, to the Tennessee Legislature's reapportionment plan for the State General Assembly, not considering the matter to be a "political question" outside the Court's province, that such verboten "political questions" arose only with respect to the relationship between the Court and other branches of the Federal Government, not in relation to the several states, and further distinguished Colegrove v. Green by finding that there had been no allegation of redistricting to dilute the vote of a particular minority group as in Baker, impacting a fundamental right under the Constitution.

Baker, in the concurring opinion of Justice Douglas, and in the subsequent 1964 case regarding apportionment of the Alabama Legislature, Reynolds v. Sims, 377 U.S. 533, established the principle of "one person, one vote" as sacrosanct under the Constitution.

In Washington, the Supreme Court began its new term, with Chief Justice Vinson presiding for the first time since his appointment the previous June. Justice Jackson returned to the Court after his year-long hiatus. He did not look directly at Justice Black, against whom he made charges in writing to the Senate during the previous spring regarding Justice Black not having recused himself in the Jewell Ridge mining case in 1945, in which his former law partner acted as counsel for the UMW.

Former Secretary of State Cordell Hull, who would live until 1955, appeared now out of danger after his stroke a week earlier.

Former Governor of Pennsylvania Gifford Pinchot, in office from 1923-27 and 1931-35, had died at age 81. He had been a leading conservationist and was the former chief of the Division of Forestry under Presidents McKinley, Theodore Roosevelt, and Taft.

The latest maritime strike appeared nearly settled with the prospect of agreement by nightfall.

In London, Lady Elizabeth White shouted over the testimony of her mother, the dowager Marchioness Townshend who had accused her daughter and her male friend of theft of a refrigerator, a radio, and six chairs from the Townshend Westminster home. Other items were added to the list such that the total value was $1,300. The Marchioness stated that she did not wish to continue the case but the prosecutor determined that she must.

The daughter interrupted several times, saying the charges were "rot" and "a lot of lies". She had fallen in love with her alleged accomplice a year earlier.

In Inwood, N.J., a 21-year old woman fell over dead as she walked up the aisle to wed her childhood sweetheart for whom she had waited throughout the war. She had tripped on her train and was embarrassed, bent to fix it and keeled over dead. The embarrassment plus the excitement generally of the ceremony, according to her doctor, overcame her rheumatic heart. Her groom, an Army Medical Corps veteran, waited impatiently at the back of the church, unaware of what had delayed the ceremony. They had already furnished their new home.

In Hollywood, Frank Sinatra separated from his wife Nancy. A friend expressed the hope that they would work things out.

In Biloxi, Miss., the 56th annual Confederate reunion was scheduled to get underway this date. The average age of the veterans attending was over 99. General W. W. Alexander of Charlotte was in attendance.

American Tobacco Co. and Philip Morris raised wholesale prices of cigarettes by a quarter per thousand, as OPA price ceiling rises went into effect. It was expected that retailers, forced to absorb the price hikes under the new OPA law, would raise the price a penny per pack or 5 to 7 cents per carton.

Buy by the carton, buddy. That's cheaper. Just remember it when you're coughing up bits of lung.

OPA raised price ceilings on Douglas fir doors, sea herring, and ale wives, the latter not dissimilar to crabalocker fishwives.

On the editorial page, "Choose Your Own Word for It" comments on the rationale given by Mayor Herbert Baxter for pay raises to some City department heads, that it was to enable the jobs to compete with the private sector.

While understandable on its face, the piece takes issue with the raises insofar as the treasurer and engineer receiving greater increases than the City Judge, City Solicitor, and the City Accountant.

Moreover, the raises were approved in a meeting at the Mayor's office without formal Council session and would have gone unnoticed but for a News reporter discovering them. The fact that the raises had been kept secret aroused automatic suspicion. Had the increases been made openly, there would have been little, if any, controversy.

"The Legion Keeps on Rolling" tells of the American Legion voting at its meeting in San Francisco along lines which were familiar in the 1930's. They wanted a bonus and immediate cash payment of terminal leave pay, being paid out in bonds. They had sat in stony silence as V.A. administrator General Omar Bradley criticized the Legion for its stance against the new ceiling on on-the-job training payments.

The Legion hierarchy did not represent the rank-and-file members. Eventually, those members would likely demand a hearing and get rid of the kingmakers and their brand of Americanism which had it that every veteran had the right to milk the Treasury.

"The Passing of a Pioneer" tells of the passing of a Charlotte businessman, John Dabbs, prominent in the growth of the community.

A piece from The Christian Science Monitor, titled "On Woman's Opportunities", finds interesting the remarks made by Florence March, wife of actor Fredric March, at Madison Square Garden on the same podium September 12 when Henry Wallace made his ill-fated speech on foreign policy. Ms. March had advocated that women realize that politics begins at home, that the mother should teach her children that responsibility went along with freedom, that they should play and work happily with children of other races and creeds, that cultural differences were to be appreciated and not rebuked.

Drew Pearson comments that Franklin Roosevelt, Jr., had mused recently in comparing his father to President Truman, that FDR had never stuck his neck out the way President Truman had, had never written a letter to Congress demanding that FEPC be made permanent. His father had been all for it and against the poll tax but let others carry the ball on those issues.

One reason the Administration had been so persevering on civil rights issues was that two conscientious Southerners, Attorney General Tom Clark of Texas and his chief of the Criminal Division of the Department of Justice, Lamar Caudle of North Carolina, had taken the lead on these issues. Mr. Caudle had driven all night to reach Columbia, Tenn., in February at the time of the race riot there. He had also filed charges within the previous few days against the police chief of Batesburg, S.C., who had allegedly beaten and blinded Sgt. Isaac Woodard aboard an interstate bus the previous February after the latter's discharge from the Army, on the pretext of Sgt. Woodard grabbing the chief's baton when he tried to take him off the bus for supposedly being intoxicated and arguing with the driver. The actions in these cases, states Mr. Pearson, took guts on the part of the Justice Department.

He notes that Governor Ellis Arnall of Georgia and other Southerners argued that the race problem could best be handled by Southerners.

He next reports that enlisted men in the Army who had volunteered for a year and a month on the promise that they would receive one thirty-day furlough in addition to the ordinary one, now found that the Congress had taken it away during the summer. They were not pleased.

Bernard Baruch, as a member of the U.N. Atomic Energy Commission, was arguing not only with Henry Wallace regarding his position on atomic energy, but also with Undersecretary of State Dean Acheson. It started when the State Department issued the Acheson-David Lilienthal report on atomic energy a year earlier. Mr. Baruch had wanted to issue it himself so that it could become official U.S. policy. Mr. Baruch had called in his team of financial experts to try to hash out the differences between the report and their proposal. Mr. Baruch had stated essentially that he would not go along with the recommendations unless he got his way on things. The Acheson position on atomic energy was close to that of Mr. Wallace.

Marquis Childs reports further on the observations of returning visitors to Sweden from Russia. There were tremendous problems in the country associated with reconversion. Returning soldiers to Russia had seen how others lived outside the country and it had cast doubt on the truth of propaganda. The housing shortage was acute with slums existing just a block or two from Red Square. The younger generation, under 30, had grown up with the propaganda and had learned to accept it.

The younger generation, especially women, were hard-working, making substantial contributions in the factories. They had grown up largely outside the family unit, first in nursery schools and later in youth clubs, where the emphasis was on identification with the state. Overcrowding of homes and lack of material conveniences were not taken as seriously as in the West.

The generation also could accept iron discipline. During the Russian occupation of the Danish island of Bornholm, summer visitors could come and go as they pleased, and reported cordial relations with the 70,000 Soviet soldiers and officers who came and went on the island. The non-fraternization rule imposed on the troops had been followed implicitly, and only two cases of violent attacks on women had been reported, with only one pregnancy resulting from a soldier.

The younger generation were not reasoning human beings but accepting instruments of the state and would likely therefore accept the Soviet propaganda against the West.

The true Soviet threat, therefore, says Mr. Childs, lay down the road, after another decade or so, as this generation became older, after a continuing regimen of hatred and suspicion fed to them.

The recent speech by Josef Stalin proclaiming a vision of permanent peace in the world fit within this pattern, enabling blame to be placed on the West should the peace be upset.

Samuel Grafton discusses the academic calm with which Wall Street appeared to be predicting an economic slump, as if it was almost gleefully expecting it. Stocks were down and new financing was down. Warehouses were swelling in certain sectors of the economy, such as department stores, textile companies, and retail furniture, holding back inventory and product until prices would go back up. But they also might get stuck with the inventory just as the slump would begin.

With prices higher, businesses were finding profits lower.

Some analysts believed that a slump might have curative powers for the cycle of inflation. The large trade associations, such as the National Association of Manufacturers, who had predicted that an end to price control would stimulate production and stem thereby inflation now found instead that it had created a recession, and so found solace in the latter to avoid being goats.

"They cling to their theory, and wait for the kick, cheering each other by murmuring: 'Good. Ah, good; very good.' But the Man from Mars is not impressed. He knows that what looks like stoic courage is very often only bewilderment, and an embarrassed inability to think of what to do next."

A letter finds police conduct wanting in enforcement of the city's liquor and public drunkenness laws, cites several examples.

A letter counsels employees of textiles mills not to pay heed to a CIO pamphlet being distributed, that it was Communistic and would do harm in the long run. He says that he had been fighting CIO since 1932.

The editors respond that the letter writer had launched his campaign, therefore, three years before CIO was organized in 1935.

A letter bets "dollars to donuts" that the British had their way in Nuremberg in getting the three acquittals because the Nazis had something on the British. He insists that the other members of the Big Four likely voted to convict. "Betcha... Betcha... Betcha... Betcha...", he says.

*Denotes stories or versions of stories not on front page of The News, but culled from other front pages of the date.

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