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Piursday, February 18, 196!
Emory at Oxford
Continued From Page 9
rd up the outstanding role Dr.
Cook had played, not only in
his chosen profession; but in
civic affairs and community
life of Marianna, Fla., where
he entered the private practice
of medicine in 1945, upon his
return from service in World
War 11. In 1960, Dr. Cook was
chosen by the American Medi
cal Association as the “General
Practitioner of the Yea r”,
thereby bringing distinction to
himself as a citizen, and to his
alma mater, and Newton Coun
ty-
“Responsibility of Citizens in
Civic Affairs On a National Ba
sis” was the subject of Dr.
Cook’s talk. In his opening re
marks he stated that, “To pro
duce a good citizen, education
must be a continuing thing. It
must embue us with the reali
zation that in addition to o u r
professions, we are citizens of
our communities, our state, and
of our nation; and impress up
on us our individual responsi
bilities as such. In this respect
he continued, he had appointed
himself a watch - dog of Free
dom — as all citizens should.
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He quoted Benjamin Franklin
as saying, when asked what
kind of government the Con
stitution Conventions had giv
en the people, ‘A Republic — If
you can keep it’. In the past
25 years things have taken
place that make one gloomy
about the possibility; and make
one wonder how to prevent
unauthorized changes in our
governmental system.”
“The cold, unvarnished fact
is that the Democratic and Con
situtional Way of life in this
country, which was devised by
educated persons, will be as
sured or lost by the educated
people. We are the trustees, for
the benefit of all the people;
but candor prompts the admis
sion that in recent years we
have resigned our responsibil
ities and failed our trust”, he
said.
“The distinguished formula
tors of our government, who
conceived and drafted the
basic document of the New Re
public were students of politi
cal economy, humanitarianism
and sociology, as well as their
own professions. They had al
so had the unfortunate advan
tage of having lived under a
dictatorship —a vastly strong
central government in which
they had little voice — and
they were greatly concerned j
over the building of a power
ful, cohesive, Unitea States
without the loss of personal
liberties and State Sovereign
ty”. In our day of specialization
in professions, we have lost
that breadth of vision which
characterized Thomas Jeffer
son, Benjamin Franklin, and
others.
“The educated man, as an in
telligent, unselfish leader is
charged with the responsibility
of molding sound public opin
ion. The U. S., as a world lead
er cannot safeguard civilization
without the help of capable
citizens. It is our task to create
and encourage public desire for
a stable and courageous gov
ernment. You, as representa
tives of the most alert segment
of our population, will have
already detected the sour note
in the legal jurisprudence of
the past twenty - five years, in
our supposedly Constitutional
Law. “You may have question
ed, as I have, how the glitter
ing generalities of the U. S.
Supreme Court can be fitted
into the destiny of a free na
tion — the answer is, they can
not.”
“When we say the law of the
land, are we subscribing to the
drivel propounded by Mr. Jus
tice Frankfurter when he said:
‘The law is based not on trans
cendental revelation, but upon
the conscience of society — as
certained as best it may be by
a tribunal, disciplined for the
task, and envisioned by t h e
same safeguards for disinter
estedness and detachment”?
This he continued, means deny
ing the Constitution and the
law; and saying, we are social
philosophers. “Or do we mean
the kind of judge - made law
that deprived the states of Ari
zona and California of the right
to determine who should be
admitted to the bar in those
states? Or that prevented New
York from firing a communist
teacher? Or that kind of judge
made law that permits the Su
preme Court to legislate and to
amend the Constitution at
will.”
“Did you know that the
Constitution of Russia provides
for equal rights for citizens of
all races and for women, for
separation of church and state,
for freedom of speech, freedom
of the press, freedom of as
sembly; that it guarantees the
inviolability of the Russian’s
person; that homes and private
correspondence are protected
by similar guarantees — Do
you realize that the Russian
guarantees parallel the guar
antees in our own Constitu-
THE COVINGTON NEWS
i tion?”
“The only difference then”
said Dr. Cook, “between t h e
slave state of Russia and De
mocracy in America is that,
until the recent past, we have
been governed by LAW. where
as in Russia, the people are
governed by MEN. “Then you
may realize that what is now
happening in this country is
the same thing which has hap
pened in all dictatorships —
MEN take over the law, and
impose their will contrary to
Constitutional guarantees”.
We must remember that the
authors of the Constitution laid
down a system of checks and
balances involving two funda
mental principles: First, that
those powers not granted by the
states to the Federal Govern
ment should be reserved in the
states; and Second, that the
Executive, Legislative, and
Judicial Branches should be,
and remain completely free and
independent one from the other,
Dr. Cook pointed out.
In reference to the Supreme
Court being the Law of t h e
Land, Dr. Cook stated, “I sub
mit to you that decisions of the
Supreme Court in a case, is the
law in that case only; they are
not legislative acts, according
to the Constitution. I further
submit that when the Supreme
Court transgresses the Consti
tution, it should be criticized;
and that its decisions are in
valid — they are usurpations of
authority.”
This is the sort of thing the
eminent jurist, Judge Learned
Hand, had in mind when in a
lecture at Harvard, of all plac
es, he waved the danger flags,
and pointed to what can happen
when the Supreme Court ar
rogates to itself the power to
restrict the rights of Legisla
tive Bodies to legislate,
and assumes for the Court,
the Legislative function. Judge
Hand concluded that the Su
preme Court has proceeded to
impose its own views as to
what was wise or unwise, ir
respective of Constitutional
Powers, or Constitutional Law.’
“Certainly, we who believe
our Supreme Court is arro
gantly taking over the Legis
lation of what they think should
be law, even if it isn’t, aren’t
very lonely in our thinking”,
the speaker said.
Relative to States Rights, Dr.
Cook pointed out that Housing
and Welfare have been taken
over, with further inroads into
our educational system threat
ening us-all without the vali
dity and support of Constitu
tional Authority — rather, in
the face of directly contraven-
ing Constitutional Mandate.
“As apathetic citizens”, he
continued, we are allowing our
system of Government to be
bought with our own money—
violating the constitution; los
ing States Rights — ignoring
the fears and admonitions of
Franklin and Washington, Pa
trick Henry and George Mason
—all of whom foresaw just
such an eventuality and warn
ed against it. We cannot how
ever fight for Constitutional
Government and States Rights
on one issue alone — not seg
regation — not socialized medi
cine — Social Security — nor
any other one issue. We can
not reach out our greedy hands
for governmental handouts and
pork - barrel projects that in
validate our rights — and in
the next breath argue that our
rights have been violated.
A Welfare Stare as a system
of government will work; So
cialism as a system of govern
ment will work — and so will
communism, as the Russians
have proved. But they work
only at the sacrifice of indi
vidual rights, and they are
not the systems of government
that we were taught to believe
our nation was founded upon,
nor what we want.
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Government by Men rather
than Government by Law, (we
have good laws —a good Con
stitution). is changing our Re
public. I plead and urge every
good citizen to take up the
cudgel — when you see a law
proposed that violates or ex
tends the violations of our
Constitution, write your leg
islators — inform your friends
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|23SOJ C^EMORY L. WILLIS, owne
—and fight it at every oppor
tunity. I believe there is still
hope — but the hope rests with >
us, the able and discerning cit
izens of our communities —
with those who do not believe
everything they read —w i t h
those with the ability and the
incentive to learn the true
facts — and with the courage
to broadcast them in spite of
PAGE ELEVEN
the risk of personal unpopu
larity,” concluded Dr. Cook.
Dr. Lester Rumble gave the
benediction at the close of tha
evening’s program, which in
cluded special music by a
Girl’s Sextette of EAO, under
the direction of Mr. Harold
Mann.
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