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Judge, and frrst appearance in any Court, was lately before the Supreme Court in an integration case-a tremendous leap even for a Kennedy. If I may interject a personal statement: I come from a football family, and we all admired the stardom in that freld of " Whizzer" White. But he, J no doubt, would readily admit that decking a husky youngster out in football togs does not make a football star, anymore than hanging black cloth on a politician will make a Judge. That the benign Goldberg had a special ability, too, is admitted. If these two apply themselves to their Judicial duties as faithfully as in their preceding specialties, we may wishfully expect that in time they will attain Judicial stature . In the meantime, they share the power of the other SUPERMEN. It is never enough, however, just to say that an old la w is out of date and haul off and break it. Correct Judicial procedure requires that somewhere something professed to be superior must be found to justify the law break ing. W here better t han in the old reliable 14th Amendmen t? So these modern Isaac Waltons baited their hooks w ith the Swedish bait, and went fishing in those bottomless waters. W ha t th ey caugh t is the prize frsh story of all fish sto ri es, su rpassing in th at freld of e xaggeration a ll oth ers; e xcep t onl y th a t one banishing God from p ub lic sc hool roo ms. That part o f the Amendm ent to w hich the right fish sto ry co uld a p ply reads: "N o state shall mak e o r e nforce any law which shall deprive an y p e rson w it hin its jurisdiction of th e equal prote cti on of t he law." Since the sc ho ols wer e equ a l in t he instant case, nobody had been deni e d t he equal protection of the law on that score. The Sw ed e solve d that obstacle. The se parati o n w oul d make the Negroes feel bad; but not the whites. So t he " g e ne ration " of this feeling bad was ad o pte d a s gr a nting the Federal J udiciary a new area of control in passing on laws enacted by the a ut ho rize d la wm aking Powers. . The Integration frsh had bee n land ed . The next, it may be expected, given time fo r ne w b re e d s to hatch-will be the miscegenation shark. This addition of the state of the feelings of I I 1 -15- �groups of people in considering t he application of this Amendment, has opened a vast new field, so vast indeed that the imagination cannot encompass where it will end. Crowds of adult Negroes have lately been persuaded that a large number of th e ir relations with whites, heretofore not suspected, make them fee l bad-not eating at t he same tables, swimm ing in the same pools, sitting on the sa me toilets, an d such-and they are filling the Courts with d emands, and the streets with " demonst rations," t hat they be made to feel better by intimate associatio n in these matters-forced by Jud ica l d e crees, and new law enactments. The inherent admission of implied inferiority to be cured by t hese inti mate social and school ties is ignored . Also ignored in these "demonstrations" is that the right to " assemble and petition fo r a red ress o f g ri e vances " requires that such assemblies be " peaceable." Are they? The unexpected catch of this feel bad fish in the school case met with shouts of joy from t he su rprised New Yorke rs, who from t he first promoted only suits claiming inequality in su ch "ta ngible" things as building, curricul a, teache r q ua lifications, salaries, etc. Now the objective was quic kly chan ged, a nd the New Yorkers, mainly an organ iza ti on called the Association fo r the Advance ment of Colo re d Peop le, th e well- kn o wn NAACP, sent out emissar ies, at first only to th e South, bu t later to a ll parts of the country, to te a ch th e N egro e s how to feel bad about a variety of things b esides no t mixing in schools. This went e xaspera tingl y sl o w in the begi n ning , for the inn o cent N egro e s did not kno w that th e y should f ee l b a d about the se th ings. In fact, they w e re fee lin g pretty good abo ut the advan ce me nt they were making along al l lin es in Am e rica. An example of their progress is noted even in bad old Mississip pi . Govern o r Barnett of that State, quoted in th e Jun e 3 rd iss ue of the U.S. News a nd World Report, said: " W e ha ve N e g ro es w ho own t hei r own businesses, q ui te a number of them wealthy businessmen. There are more than 27000 N egro farmers w ho own title to land valued at appro ximately l 00 million dolla rs. More than - 16- �27% of the privately owned homes in Mississippi are owned by Negroes. We have Negro professional people, such as lawyers, doctors, teachers, dentists, social workers, nurses and many others." Does that sound like the grade of inferiority that the Court must cure by "side by side " contact with whites? Is that really poor achievement for the Neg roes in the last fifty years, when both black and white in the South got the chance to move upward economically? Propagandists refer to the "plight" of the American Negro. What in fact is that plight? The Census Bureau has released figures for 1960 showing that the Negro in t he United States has an annual income exceeding that of the whole people of France, Germany, Italy, Russia, Norway, Mexico, Japan-and equal to that of Great Britain, $1150.00. Only Canada, Australia, Switzerland exceeds that level. Nevertheless, the agitators made progress, at first havin g to pay some of the Negroes to feel bad. Th e NAACP with its annual ex penditure of one million dollars, according to its public audit, was t he leader. But at once, Northern politicians, sensing votes to be had, hypocritically sprang into the act. Progressively in th e last year, discovering that f eeling bad about a ll sorts of th i ngs, and shouting "eq uality, " could get their names in a sensationseekin g press, and t heir pictures on TV, Negroes are fillin g t he st reets with hysterical yelling mobs of men, wom en and children, disturbing the p ub lic peace, lying down in public places, throw ing pop bottl es a nd stones; their ministers maki ng political speeches disguised as prayer; in short, having the time of th eir lives in all these forms of em otional excitem ent. Bored by the mo no ton ou s routi ne of preaching the gospe l, w hite min ist ers, not indi ffe rent to th eir names and pictu res being broadc ast, can persuade t hemsel ves th at th e y are martyrs by going to jail for a fe w days. Then there are othe r white minist ers who from higher stations in their cleri ca l organizations, speak wi th pompou s authorit y, who expect the po pu lace to be impressed that th ey had just rece ived a tele- - 17- �phone message from God directing them to sp ring to the front of marching, lawbreaking Negroes, demand ing " rights" -claim ing the constitutional right of " peaceable assembly. " One w onders a t t he colossal conceit of these men, who imagine, o r profess to believe, that God had withheld such instructions from their learned and spiritual prede cessors; awaiting till these chosen ones should appear. One may suspect that among these, too, " the itch for the praise of fools, " is not absent. Teenagers, according to a pattern emerg ing all over the world join in " demonstra ting. " Ma iden ladies and frustrated w ives, lying down in the streets and offices, force police to drag them off bodily; not a little t itillated by indecent e xposure. Many of these come from distant places to do their bit; ignoring the opportunities in t heir own back yards . Dickens etched this type indelibly in Bleak House a hundred years ago, describing Mrs. Jellyby who was " involving the devotion of all my energies, " as she said , in improving t he cond iti o n of those unfortunates a w ay off yonde r-in he r case-Darkest Africa; while he r own ch ild re n were ill clad, unwashed, ill nou rished , one of them tumbling down sta irs, so that a visito r cou ld cou nt the sounds of his bump ing head as it st ruc k e ac h step; and another "crying loudl y, fixe d by the neck between two iron railings," "wh ile Mr. G uppy, with the kindest intentions poss ible en d ea vo red to drag him back by the legs, un d e r a general impressi o n that his head was compress ib le b y t hese means ." To all of this, Mrs. Jellyby was serenely oblivious, while she made diapers for the babies of the Congo, and "discussed the Brotherhood of Humanity, and gave expression to some beautiful sentiments." Not to be left beh ind the ir b ret hre n of the So uth in all th e se " demo nst ra tio ns," the Northern Neg roes are going a t it o n so large a scale as to scare t he tar ou t o f t heir po li t icians; and the se , in th eir constern ati o n t h at t hey have aroused ba rbarou s em o ti o ns which they cannot control , a re c ra w ling o n thei r knees, b e gging for restraint, lest t hese ri o to us e ruptions turn Northern white vote rs ag a inst them, a nd t hey wi ll lose their jobs. Callous to a ll else, they ne ither think nor care what all this wi ll do to t he po or Negro. It takes no majo r prophet to foresee that a check in Negro advance-18- �ment will come; a setback which may last for deca des; and the innocent Negroes will see that they have been deceived by heartless self-seekers, and will turn on the leaders, both white and black, wh o have cost them so much. FEELING BAD AS AN EXCUSE FOR BREAKING THE LAW As we have seen, the NINE MEN have as a reason for breaking the old law of separate if equal, that it made Negroes feel bad. How easy it will be to extend that feeling bad defense to persons charged with crime. We have State laws prohibiting and punishing all sorts of acts deemed against public safety; acts from the disturbance of the peace to stabbing, murder and rape . What a laugh it would be for a culprit called before the Courts for breaking one of these laws to plead: "I reject that law. To condemn me as it requires, will make me feel bad." And what a carnival of crime would ensue. That is exactly what has happened from the lawbreaking judgment of 1954 of these politicians sitting on a supposedly Judicial Bench. Not only have mobs gathered in streets, marching and yelling, disturb ing the public peace under the mask of rig ht of assembly, making speeches to God under the blasphemous guise of the sacred rite of prayer; throwing pop bottles and stones at the police; but felonious crimes have multipliedmurders, rapes and stabbings. Most frightening of all, murderers and rapists, tried and condemned to death before State Courts, may now be observed peering fr om beneath the black rob es of Federal Judges, where for years they have basked in security; protected by some techn icality of the law discovered by these SUPERMEN. At this writing there are twenty-six (26) tried and condemned to execution in the Angola Penitentiary of Louisiana; three whites for murder; and twe ntythree Negroes, nine for aggravated rape and fourteen for murder. Four of the Negroes sentenced in 1957; 1 i.n 1958; 1 in 1959; 1 in 1960; 8 in 1961 a nd 2 in 1962. Two of the Negro rapists in Ango la were co ndemned for raping white women in the state capita l a t Baton Rouge. Their exemption from execution has encouraged the nephew of one of them to - 19- �another rape of a white woman in that city, taking place July 6th , 1963. Police kno w that the rape of white women by Negroes has multiplied since 1954; not more than one out of six or seven being brought into the Court, the victims not wanting their shame publicized. Within the last week a Negro has been identified by his victims, and charged with attempted rape of one nun and the beating of another, within their convent walls; in New Orleans. How many in all Southern States? In Washington, where it was ex pected that the concentrated glare on integration would disclose everybody made happy, the contrary is proven by a record of crime since 1954, exceeding that of any city of comparable size in the country. Washington, where a white American soldier may be killed on the streets, scarcely noticed , while on the same day, trumpets blare for a murdered Negro buried in Arlington. Washington, where white women may be assaulted by a Negro in a chu rch in sight of the Capitol, and in their homes, while their men only whimper, lest they lose votes , or their jobs. Did I say men? Based on his personal observa ti ons, no doubt the Negro Congressman Adam Cla yton Powell bragged for the nation to read : "We have the white man on the run. After him, men; sic 'em." Some Congressm en, unnamed, have been quoted as saying " We shoul d take a recess." Take a powder, they mean. It is impossible to believe that even Washing ton would inflict that disgrace on the American people i n the face of approaching Negro thousands. Let them take heart. We are informed that right up front, there will be some of Hollywood's quickdraw heroes to keep order; along with some nice white gentlemen in clerical garb sidling up to the camera boys. What would the Father of his country say, if he could see this city named for him , become a jungle; a monument to the folly of the SUPERMEN? It is unbelievable, that when a young Negro was condemned to execution for raping and murdering an elderly white woman in Washington , and released by the Supreme Court; Mallory vs. U.S. 354 p. 441 in 1957,-one of the Judges is re-ported to have remarked afterward , "After all he was bu t -20- �a lad." The " lad " was reported to have promptly committed another offense in Pennsylvania, and kille d by Police. The technicality on which this convicted murderer and rapist was freed to commit another crime, is simply too i ncredible to put down if it were not verifiable by reading the decision. The question of guilt was of no concern. He was released because, for some reason he was committed to prison, and not questioned until seven hours had passed . It is not now in the recollection of th e writer whether the Court fixed a time with in whi ch the questioning must begin; say one hour, ten minutes, and twenty-five seconds, or possibly ten seconds longe r. But it is a fact that law enforcement officers the nation over are dismayed lest th is ridiculous and indefensible holding of the Court, results iri freeing many vicious criminals. Who is to blame for setting the example of lawbreaking? On whose shoulders should horrid responsibility settle for these crimes? THE ADV AN CEMENT OF THE NEGRO OBSTRUCTED BY THESE PAID AGITATORS More th an fifty years ago, June 4th, 1910, in the Outlook magazine, Theodore Roosevelt quoted with approval the state ment of Sir Henry R. Johnson: "That no wh ere else in the world, certainly not in Africa, has the Negro been given such a chance of mental and physical development as in the United States. Intellectually he has attained his highest degree of advancement as y et in the United States. Pol itically he is freer there; socially he is happier than in any other part of the world. " The ex-President added: " The boo k is of great interest and permanent value; and should be in the library of every American who cares to devote a little thought to one of the largest of the problems of today. " Quoted from Book Review, printed in the words of Theodore Rooseve lt, Vol. XI I, pp. 221 -2. This progress had continued up to 1954. Fine publ ic schools built solely for Negro children, ta ught by competent teachers of the ir own race who best understand them, have multiplied a ll over the South. This day go into hundreds of communi ties and one will see that the newest and most -21- �modern schools and campuses a re for the Negroes, fact concealed f rom the Northern people. The greatest Negro Un iversity in America, is in Lou isiana-five miles from the State Capitol, beautiful ly located on the Father of Waters. This Negro Uni versity has all the trimmings that the white State Un iversity has; located two miles fr om the State Capitol. (Maybe that is an offense, being th ree miles further from the State Capitol than the wh ite). It has full academic courses, granting d egrees at a regular graduating exercise (upwards of 500 in June 1963); homecomings, fraternities a nd sororities, football and other sports, bands a nd cheerleaders. There is nothing collegiate, socia l, and cultural, on the white campus not also see n on the Negro campus. Negro graduates at other Negro colleges in the state total 401 , not including the p rivately endowed Dillard in New Orleans, a large and well -ma naged Ne gro University w hose attenda nce and g ra d uate level is not at the moment availab le to the write r. a In the school year just closing there were 286,605 Negro students in 164 Negro High Schools, with 8,876 graduates in Louisiana, w ith a total population in 1963, e sti mate d as 3,300,000less than the popu lation of Ch ica g o . It w o uld be interesting to compare these figu res with those in Chicago. In the smaller sta te of Mississ ippi, near the po pulation of Philadelphia, to q uote G o vernor Barnett again, there a re " mo re than 4 00 0 Negro students in State supported colleges; 7,382 Negro school teachers in the Negro public schools with maste rs' degrees and abo ve; an d o f 190 mi llio n d o llars spe nt on public school s since 1953," in th is by no me ans rich State , " 63 % went for N egro pub lic school faciliti es. 1' There is much more in the Governor's inte rvi e w by U.S. N ews and Wor ld Repo rt that wo uld show misi nformed N ortherners that the Ne gro is b etter o ff in Miss issi ppi , than in the g reat Northern cities. But p rese nti ng a fair picture o f the co ndition of the N egro in Mississippi, o r any o the r Southe rn state, to the N orthern people cannot be expected so long as the egalitarian mania persists. The re is some sense in the Negro making a plea for a job. He cannot stay on relief forever; be- 22- �sides most of them have the pride of preferring to wo rk to mooching on the taxpayers; but the cry of lac k of employment is something recently thought up by those who profit by agitation . Heretofore those who presumed to speak for them; those whose real object is to cause racial division and clash; those who were stirring to howling complaints, sit-ins, lie-ins and butt-ins, were eloquent with phrases as meaningless as they are sonorous - " human dignity, " "plight of the Negro, " " social rev olution ." A favorite is "second-class citizenship," used in a sense which disregards good conduct as the indispensable duty of " citizenship. " A la ter one is produced by Bobby Sox, - " Human rig hts are superior to States ' Rights. " Whatever mea ning Bobby attaches to this bombast, it is certain that for him States ' Rights do not exist. Anoth er is in constan t use , - " discr iminate. " Would the se good w hite men of the clerical cloth, who are op pose d to " d iscrimination " refuse a daughter 's han d to one of the lusty young Negro "demonstrators?" Maybe these particular show offs would not. As k them . IMPENDING DESTRUCTI ON Is th e ad vancement of the Negro made in the United States in the last hundred years, and especia lly in t he Sou t h in t he last fifty years, to be ign ored , obstructed , poss ibly destroyed by the vote hustle rs , finan c ial p rofite ers, and gullible dogooders? When the uns uspe cti ng Negro is being aroused to heights of insurrecti o n p a ssio n, w hite men and women of the So uth, of g ood w ill and compassion -and these are, or were, in t he vast majori tya re reluctantly compelled in se lf d e fense to rem ind a ll con cerned, that in his o w n country of Africa he ma de no advance whatever in the 6000 years that the wh ite man wa s p a infully creating the civilizati on of which now in Ame ric a n t he tr ansplanted Negro has the advanta g e. Is it unkind to s uggest to Ma rti n King , Wil kins, et al , that if their an c esto rs ha d re main e d in Africa; what with disease, tr iba l w a rs, a nd canniba lism, they might not have survived to beco me sires of these descendants now demandi ng so much fro m the white man's civi lization in Ameri ca ? In those 6000 years that the N e gro achi eved -23- �nothing in his own country of a hundred millionin Egypt, next door to him, her engineers constructed the Great Pyramid 5000 years ago, an amazing feat still puzzling to moderns. Separated from Caucasians of the West by the vast length and height of the Himalayas, the Yellow Chinese more than 2000 years ago built the Great Wal l 1400 miles long, to protect them from the Mongolian Hordes-the Empire then more than l 000 years old, with great cities, and art and literature . The Brown Japanese boast of a culture 2000 years old when Christ was born. And when Columbus crossed the sea, he found 3000 miles from Western civilization, the rich culture of the Red man, which Cortez and Pizarro pillaged in the Halls of Montezuma and Golden Palaces of the Incas. In referring to the kindly feeling existing between the races in the South before the Supreme Court caught its integration fish, I beg to interject a personal note. I was born and reared on a cotton plantation in North Louisiana; grew up with Negro playmates; know their good qualities whe n not deceived and misled; and I am saddened whe n I perceive what is in store for them under a leadership so fraudulent as to be criminal. One of my playmates, bedridden in his home in his last yea rs, I never failed to visit when frequentl y visiting his section of the State. We would spend a hap py hour recalling incidents of our boyhood an d early manhood. I can assure our Northern fello w citizens, that there were many thousands of suc h r elationships between Negroes and wh ites of the South. So far as the South is concerned t he r e is mo re seeming than fact in all this Negro hu r ra h. The Negro is by no means the fool t hat t he fr o nt runners of his race are making h i m ou t to b e. I haven 't the least doubt that the majo r ity of them within their own t houghts , w ish t hese disturbe r s would subside. But as is frequen t ly t he ca se w ith the whites, these remain quiet lest t hey be cen sured by the more voca l, o r ev en injured. BREAKING ONE LAW CALLED FOR THE BREAKING OF ANOTHER The poli t ici ans si tti ng o n t he Supreme Benc h in 1954 did not sto p wit h b r eaking the old la w of 1896. Having decid ed what will ma ke the Negro - 24- �fee l bad, they went on to the next step, and determined that they must do someth ing to make him fee l good. But here they were confronted with another Const itutiona l obstacle; t he specific declaration in the very same 14 th Amendment (Sec. 5) that only " Congress shall have t he power, by appropria te leg islation, to enforce the p rovisions of this Article." But w ha t if Con g ress did not ag ree with w hat the SUPERMEN professed to have discovered in this Arti cl e , since it w as not so written; and what if Co ngress di d no t ta ke an y stoc k in what the Swede & Co. said about it m a king the Negroes feel b ad if t he y cou ld not be righ t there by the side of th e whiteman in w hatever he was doingleaving th e p resu mption t hat he had no ideas, likings, busine ss, o r ch o ices of h is o w n. There are in fact many Congress men , es peci al ly those from the Sou th , who do no t believe an y such th ing . They have kn o wn and lived beside th e N e groes al l their lives, an d th ey are qu ite positively certain tha t the So ut he rn N egro w o uld prefe r to ha ve his own sc hools and teac hers, a nd run his own affa irs; a nd that all the co m motion whippe d up by N ew Yo rk, e t a l. is just so m uch profitable po p p yc ock. But since t he SU PERME N ha d gotte n away with it before , t hey decided to go it al o ne in this case. The judgmen t th e y issued req ui red th e Dist rict Judges: " To ta ke s uc h pro ceed ing s, a nd enter such o rders and decrees, a s are necessary and proper to admit to p ub lic schools on a ra cia lly no nd isc riminatory ba si s with a ll d e li b e rate spe ed," the parti e s to the case. This has b een expa nd e d so, a s a matte r of cou rse the Federal Judges, and not Cong ress, are "enfor~ing the provisions" of th e 14th Am e ndm e nt. It will be note d that in the accompa nying specific instructions to the District J udges, the SUP ERM EN delegate to these Judges the rig hts a nd d utieswhich they had themse lves us u rped-to bre a k State laws or local ordinances, and enact others to take their places. These are the precise instructio ns given to the Di strict Judges: " Full implementation of these co nstit uti onal -25- �principles (meaning those which they had inserted in the Amendment) may require solution of local school problems .. to that end Courts may consider problems relating to administration, arising from the physical condition of the school plant, the school transportation system, personnel, revision of school districts and attendance areas into compact units to achieve a system of determining admission to the public schools on a nonracial basis, and revision of local laws and regulations which may be necessary in solving the foregoing problems." · Even King Jehosaphat did not assign such whopping jobs to his Judges. Presumably these District Judges know all the multiplied aspects of public school management required of a competent Superintendent of Public Education who has learned them by many years of observation and practice; or they must instantly learn them-in what school not stated. It is a marvel that more of them do not reluctantly assume these added executive duties; but maybe very many are reluctant but are scared of the SUPERMEN - except some who may be eager for earned promotion; such as ou r New Orleans District Judge Skelly Wright, whose quick promotion is expected to entice others to follow his example. That the SUPERMEN quite well understood that they were usurping the exclusive authority of Congress, is perceived in their evasion of the wo rd "enforce" when they instructed the District Judges to "i mplement" their judgment . In their embarrassment, they tried, not too cleve rly, to escape from the specific constitutional limitation , by adopting a word to take its place. They have said repeatedly that their decisions shall be "implemented" (meaning " enforced") by th e directions they gave to the lower Judges. The word implement as a verb is not found in any legal dictionary, the old reliable Bouvier, Ballantine, o r the 1951 edition of Black. The lowe r Judges have u nderstoo d their superiors quite well; and ha ve issued orders and decrees by the doze ns to "enforce" the provisions of the 14th Amendment, the exclusive right of Congress so to do be damned . Th e Courts have also adopted another word to se rve their purposes- - 26- �· desegregate " which was not in any dictionary, academic or legal, until it was inserted in Webster's International Dictionary in 1959. So we find the Court in the business of supplementing the English language to convey its meaning in the assault on the Constitution. It will not be long before the Federal Judiciary will ease into the use of the word " integrate, " as a substitute for " desegregate. " Then it will have gone the whole hog. The thin mask will be completely off. There will be no need for Congress to exercise its specifkally granted and ex clusive power to " enforce" integration of the races in all cases where the lack thereof is alleged to make the Negro feel bad. The obliging Federal Judiciary will do it. STILL MORE LAWBREAKING AND LAWMAKING It soon becomes obvious that in lawbreaking by on a ll powerful governmental body like the SUPERM EN , some very serious and dangerous lawmaking must follo w in its wake to carry out their enact ments . The Court has ordered integration of the races w herever demanded by NAACP; and masks off, proposes to enforce their commands by expanding the rule of Contempt of Court to punish noncomplian ce. The world o ver when the lawmaking power enacts a statute where a compl ia nce is required or a violati on punished, the same law fixes a penalty for disobedience. The limitation of punishment is clearly stated, generally in such terms as " fined not more than " so many dollars, or "imprisoned not exceeding " a term stated. Again the world ove r, there the lawmaker stops. It is left to another and not self-interested authority to hear and condemn breaches, and assess punishment with the stated limits. There was a time three hundred years ago when the Divine Right Kings claimed the right, (called Prerogatives) to make laws, fix punishment for noncomp liance, try culprits, and clap them in jail; all witho ut the intervention of Parliament. Those Divine Right cl a ims petered out when one was exiled, and a nother had his head chopped off. A revival of that right is now claimed , or at least apparently threatened by Federal Judges. - 27 - �Under the guise of well-known and admitted ri gh t to maintain decorum in their court rooms, to require witnesses to answer proper questions, and enforce a well-known general line of Cou rt orde rs, noncompliance with the ir integration laws, orders, and decrees is now threatened with unlim ited Anes or incarceration in ja i l, without the right, as ol d as Magna Carta of 1215, to a trial by jury of th eir peers . The authority for this taking away the p ro p erty and liberty of American citizens, specifical ly prohibited by Articles of the Constitution (appended), they will call Contempt of Court. In tha t procedure, the lawmaker, the prosecu t or, the Judge, and the executioner will al f be centered in one person,-contrary, it is repealed, to a uni versally admitted principl e, and specificall y prohibi ted by the Constitution. Some imaginati ve journalists have speculated o n the infliction of fines as much as one hun dred thousand dollars, and imprisonment up to ten years. It is remarkable that in mentioning t hese possibilities, these generally well-informed men , di d not express the slightest dismay. That is ho w fa r we have gone in our indifference t o t he warning of the Harvard Professor that, " Neve r in recorded history has the individu a l been i n g r ea ter d a nger from government than no w ." It may take the infliction of such puni shm ent to awaken co.mplacen t Ame ri cans t o t hei r peri l, lest their liberties so valian tl y a nd blood ily fo ught fo r by their ancestors, w i ll fa de a way unde r th e tyrannical rule of uncontrolle d SUPER M EN. " Power corrupts; abso lute po we r corrupts absolutely." When the sage, Benja min Franklin, in his o ld age, was aske d b y a la dy, after the adopt io n o f th e Constitution in 1787, in th e con fecti o n of wh ich he too k an active part, " W hat kind of g o ve rnm ent have we no w, M r. Fran klin?" He repl ied, " A Republic, M a d a m, so lon g a s t he people ho ld fa st to it." Are the peo p le " hol ding fa st to it?" It is co ncea led from them t hat in this coun try the re are determined and influentia l men who, in th e language of Jefferson , " are mining and sapping at t he fo und ation of ou r Con stitutiona l gove rn ment," with the a im t o center all po w er 1n pr essure groups at - 28- �Washington; robbing the States of the guarantees of the right to mal'lage their local affairs; reducing them to the level of provinces. OBEY THE LAWS? LET WASHINGTON SET THE EXAMPLE. -29- �l APPENDIX PERTINENT PROVISIONS OF THE FEDERAL CONSTITUTION Article Ill Section I. The Judicia l power of the United States shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish. The trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be held in the State where the said crime shall have been;

(Note: "The Courts derive their powers from the grant of the people made by the Constitution and they are all to be found in the written law, and not elsewhere. " Wheaton vs. Peters, 591, 658; Bucher vs. Cheshire, 125 U.S. 555. " It must therefore find its power to punish the crime in laws of Congress passed in pursuance of the Constitution, defining the offenses and prescribing what courts shall ha ve jurisdiction over them. No act can be a crime against the United States which is not made so or recogni zed as such by federal constitution, law, or treaty.·· U.S. vs. Hudson; 7 Cranch, p . 32; Cool ey Principles of Constitutional Law, p. 138. AMENDMENT V No person shall be held to answer for a capital or otherwise infamous crime, unless on a presentment of a grand jury . .. nor shall any person be deprived of life, liberty, or property without due process of law ... AMENDMENT VI In all crimina l prosecutions, the accused shall enjoy the right to a speedy and public trial by an impartial jury of the State and District wherein the crime shall have been committed_ EQUALITY DEFINED Under the 14th Amendm e nt " equal protection ,. mea ns "that e very man's civi l libe rty is the same with t hat o f others, Th a t Men Are Equa l before the law in rights, p riv il eges and legal capacities. Every person, howeve r low, or degraded , or poor, is entitled to have h is righ ts tested by the same general laws which govern others .·· Cooley, pp. 235-6. AMENDMENT XIV. "Section 1 . ... No State shall make or enforce any law which . .. shall deny to any person within its jurisdiction the equal protection of the laws." (Note: "The guarantee of equa l pr.o tection is not to be un- -30- �( derstood, however, that every person in the land shall possess precisely the same rights and privileges as every other person. Ths amendment contemplates classes of persons, and the protection given by the law is to be deemed equal, if all persons in the same class are treated alike under like circumstances and conditions both as to privileges conferred and liabilities imposed." Cooley, p. 237. Citing authorities. "Section 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article." With reference to enforcement, it may be said that no one will deny that when an authority is granted in the Constitution, it is exclusive, unless othe"rwise stated. The application of the authority granted to the Congress here to enforce the provisions of the article, by appropriate legislation, denies to the Supreme Court the right to "enforce its provisions" by the enactment of any law by it; or to enforce its provisions by the formulation of "orders and decrees" which amount to enforcement. That is to say, that when Congress has enacted appropriate legislation to prohibit states from denying equal protection of the laws in any instance-in the racial cases here, the judiciary can a scertain when such legislation is violated, and apply the remedies se t out by t he Congress. W hat the Court has done in the school case, for instance, is this in effect: It has inserted in the Amendment substantially these words: "The amendment contemplates Federal control of public education in the States. Therefore whe n a State enacts legi slation providi ng se parate schools for the races, tha t leg islation is prohibited as d e nying equal protection to t he Negro race ." Having fo und, in effect, that la nguag e in th e Ame ndment, as o ne of its provisions, the next question should be whethe r Congress has e na cted appro priate legislation to prohibit state la ws violating the provision . If Congress did not know that such legislation by the States is prohibited by the Amendmen t; or if Congress shoald recogni ze this Judicial Amendment, but has not e nacted a ny legislation to e nforce the p roh ibition; does t hat g ive the rig ht to the judiciary to "enforce" it. The Supreme Court has answered that q uestion by ag a in inserti ng in the ame ndment, in effect, these words: "But if Cong ress does not see ftt to e nforce the prohibition by a p propriate legislation, t he Supreme Court ma y do so by its own decision; " , and may "imple ment" the ir decision by such "orders and decrees" as ma y be necessary to take th e place of t he missing act o r a cts of Congress, and "may provide un limited punishment fo r no ncompliance with its decrees." In elud ing t he exclusive rig ht of Co ngress to " e nforce the p rovisions" of the Article, by using the word "i mplementa ti o n," and other expressions, we observe a ll the a rts of a slick politician in writing this decision . The wonde r is tha t the oth e rs who had been on the Bench for some years, co uld be persuaded to fo llow him a long these twisting tra ils. - 31- �Order this pamphlet from R. KIRK MOYER, Treasurer P. 0 . Box 5348, New Orleans 15, La. Mr. Moyer is an Insurance Executive; and Past President of the Louisiana Society of Sons of the American Revolution. 3 Copies for $1.00 Postpaid l 0 Copies for $3.00 Postpaid Prices on larger quantities furnished upon request. This pamphlet is published by HARRY P. GAMBLE, SR. Attorney-at-Law-Retired Without profit to the writer-to inform the people how their liberty and property are being embezzled by Washington. Not copyrighted. �