The Ocala banner. (Ocala, Marion County, Fla.) 1883-194?, 1909-11-19
Thomson. Ga. Nov. II. 1908.

Mr.. Frank Harris, Editor Ocala D1u'
Banner. Ocala, Fla:
Dear Sir-I see that you COY on
your editorial page the sneering edi-
torial of the New York World. Do
you not think that we southern men
might stand together. shoulder TO
shoulder, for southern rights, without
copying from such south-hating peri
odicaIs as the New York Woril AID
Golfers Weekly?
Do you not know that Pulitzer, WHO
owns the New York World, is one OF
the bitterest enemies that our people
ever had, and is eternaIly slaLderinS
US about the niger? Do you not
knew that in every case where "A black
brute is lynched for subiecting "a
white girl or woman to a fate that IS
worse than death, that PuliJzer's sym
pathies are always given to the negro
instead of his victim?
What have l done except 20 stand
for the rights Of the state "a guarau-
teed under the constitution?
Would you be kind enough to read
the article in my November magazine.
under the headline Of Our Judicial
Oigarchy?" These federal courts are
violating the eleventh amendment 10
the constitution. Should we forever
submit to their doing so?
Never, until after the civil war did
our lower federal court enjoin a state
from enforcing state law. The judi
ciary act of 1889, which is still the law
Of the land. prescribes how the con
stitutionality OF a state law shall be-
tested. The question must be raised
in the state courts, carried 10 the SUI
preme court Of the state, from whence
il can be carried to the supreme court
of the United States. In this way the
dignity Of the state is maintained and
the uniformity Of decisions made GER
tain.
Where every lower court federal
judge can pass upon the constitution
ality Of state laws or the acts of con
gress. the decisions are bound TO be
and the indignity placed
upon the states is inconsistent with
out constitutional system. These fed
eral courts have no right whatever 10
set aside an act of congress. Il is
purely usurped power which they are
using Several times in the cOnsti- |
convention of 1877 it was pro-
posed that the federal courts be given
power TO pass upon acts of congress. (
and the proposition was voted down
each time that it came up. This was
not known, however, until 1914, when /
congress purchased and published the |
papers. The trainers of the
constitution had been bound by an
oath to secrecy as to the proceedings
of the convention.
Mr.. Jefferson said that these feder |
al courts were going to usurp power
and reyOlutiOnize our system of gov |
eminent. They have done it. II a !
federal judge can take one prisoner
away from a state court, he can take
all prisoners away from a state court.
Their encrOacbments have at last
TO about this: That the
state shall not administer its own af-
fairs without a federal court permit
and that a state court shall not punish
anybody without a federal court per.
init.
Ought We to bow down forever to /
such judge-made laws as this? Is
nothing worth fighting for? Had II
been governor of any of those states
where the federal courts have enioip-
ed the enforcement of state laws II
would have called out the state troops
and defied the federal government.
just as Governor Troup of Georgia did
in 1925. If I were a state Judge Il
would have the sheriff summon every
man capable of bearing arms i'm that
county, and l would fight the federal
judge to the death before he should
take prisoner out of my hands.
May beg you to give this letter the 1
same prominence that you gave to the
sneering editorial of the New York I
World?
Yours respectfully.
THOS. +. WATSON