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the citizens of this State for the Court
was without jurisdiction, power or authority to interfere with the sovereign
powers of the State in such spheres of activity.
That the Court in its decisions relating to public education
was without jurisdiction because (1) the jurisdiction of the Court granted
by the Constitution is limited to judicial cases in law and equity, and
said cases were not of a judicial nature and character, nor did they
involve controversies in law or equity, but, on the contrary, the great
subjects of the controversy are of a legislative character, and not a
judicial character, and are determinable only by the people themselves
speaking through their legislative bodies; (2) the essential nature and
effect of the proceedings relating exclusively to public schools operated
by and under the authority of States, and pursuant to State laws and
regulations, said cases were suits against the States, and the Supreme
Court was without power or authority to try said cases, brought by individuals
against States, because the Constitution forbids the Court to entertain
suits by individuals against a State unless the State has consented to
be sued;
That if said Court had had jurisdiction and authority to
try and determine said cases, it was powerless to interfere with the
operation of the public schools of States, because the Constitution of
the United States does not confer upon the General Government andy power
or authority over such schools or over the subject of education, jurisdiction
over these matters being reserved to the States, nor did the States by
the Fourteenth amendment authorize any interference on the part of the
Judicial Department or any other department o the Federal Government
with the operation by the States of such public schools as they might
in their discretion see fit to establish and operate;
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