Evening star. [volume] (Washington, D.C.) 1854-1972, 1956-12-18
Validity Of Contempt Proceedings in School
Case Challenged on Legal Grounds

But now something new has
been added which opens wide
the doors for any action that
any particular Judge may wish
to lakeland without regard
to any law" In Tennessee,
it seems, a single judge has
issued a general injunction
addressed to anyone in the
whole world, telling all and
sundry that they cannot do
anything contrary to his de-
cree against the school board.
Where does this ultimately
lead us? BY what right under
law can one man, sitting on a
Federal bench, extend the
parties to a law suit to in
clude the entire populace and
then single out anyone for
arrest and conviction? If q
person criticizes any judg-
ment Of a court and advocates
its reversal or repeal. is the
judge q one-man government
who can do what he pleases
with the rights Of such q citi-
zen? If a single judge has
this power. do we have a gov
eminent of laws or merely a
government Of men, with each
man sitting on any bench
making up crimes as he pleases
or melting out such punish
ment as his whim dictates?
Finally, II a Judge can, with
out benefit Of statute, impose
jail sentence, can he also
sentence a citizen to be
hanged?
When one looks at the whole
Constitution. based upon all
the centuries Of human expert
ence. one Is startled to find
how many provisions Of that
Constitution are being ignored
and torn to shreds by judges
who have apparently confused
themselves with the gods. Let
us consider a few:
The Fourteenth Amendment
contains some clear and plain
words which have not been
mentioned by any court or
newspaper in the recent segre-
cation cases. In fact, 1t will
come as quite a surprise to
most persons to learn that the
Fourteenth Amendment con-
tains q NTH section. This last
section states: The Congress
shall have power to enforce,
by appropriate legislation, the
provisions Of this article"
Nothing is said about the ju-
dietary enforcing the amend
ment; no authority is given to
the executive to enforce the
amendment. The sole power
to enforce the Fourteenth
Amendment is vested In the
representatives Of the people,
the Congress. which Is required
to act "by appropriate legis-
lation." Now, Congress has
passed no legislation to en-
force the Fourteenth Amend
ment In respect to schools.
Thus. 1t would seem clear to
anyone who can read that
there is no constitutional leg
islation providing for its en-
forcement and that neither a
judge nor the President pos
sesses the power to enforce
without congressional legisla-
ton.
Secondly. no United States
court has inherent Jurisdiction
under the Constitution, but
may act only under laws Of
Congress granting such juris-
diction. Article III is express
and clear. The jurisdiction Of
the District courts Is complete
" subject to congressional &C
ton and such courts may even
be abolished by Congress at
any time Congress desires.
The Supreme Court has orig
inal jurisdiction only In cases
affecting ambassadors and In
suits where . State Is the
plaintiff. but in all other cases
is Jurisdiction rests solely on
q grant Of appellate jurisdic-
ton with such exceptions. and
under such regulations a. the
Congress shall make" Thus.
While II reasonably can be ar