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1922. CONGRESSIONAL RECORD-HOUSE. _779
Otto W. Petry to be postmaste;: at Elk Lick; Pa., in place of The SPEAKER. Is there objection? Chl'istian S. Lichleiter. Incumbent's commission expi.~ed August Mr. KELLER. Mr. Speaker, I object. 7, 1921. Mr. MONDELL. Mr. Speaker, I mo-ve to dispense -with busi.. George E. Kemp to be postmaster at Philadelphl.1, Pa., in ness in order under the Calendar Wednesday rule. place of J. A. Thornton, removed. The SPEAKER. The question is on the motion of the gentle SOUTH CAROLINA, man from Wyoming to dispense with business in order under the Harry E. Dawson· to be postmaster at l\:Iount Pleasant, S. C., Calendar Wednesday rule. in place of W. T. Reynolds, jr., resigned. The question was taken, and the Speaker announced that in the opinion of the Chair two-thirds had voted in the affirmative. SOUTH DAKOTA. Mr:GARRETT of Tennessee. Mi·. Speaker, on that I demand Geneva l\1. Small to be postmaster at Lane, S Dak. Office a division. became presidential January 1, 1921. The House divided ; and there were-ayes 81, noes 52. TENNESSEE. Mr. l\10NDELL. Mr. Speaker, I make the point of order that Thomas W. Williams to be postmaster at Lucy, Tenn. Office there is no quorum present. became presidential April 1, 1921. The SPEAKER. The gentleman froin Wyoming makes the Daniel C. Ripley to be postmaster at Rogersville, Tenn., in point of order that there is no quorum present. Evidently there plnce of w·. B. Hale, deceased. is not. The Doorkeeper will close the doors, the Sergeant at Arms will notify absentees, and the Clerk will call the roll. The TEXAS. question is on the motion of the gentleman from Wyoming to _ Anderson J. Hixson to be postmaster at Abbott, Tex., ill. place dispense with business in order under the Calendar Wednesday of J. W. King, resigned. rule. WYOMING. The question was taken; and there were-yeas 184, nays 86, Elizabeth W. Kieffer to be postmaster at Fort Russell, Wyo., answered " present " 2, not voting 158, as follows : in place of E. W. Kieffer. Incumbent's commission expires YEA8-184. January 24, 1922. Ackerman Elliott Lampert Rose Andrews, Nebr. Ellis Langley Rossdale Ansorge Evans Larson, Minn. Sanders,-Ind. CONFIRMATION. Anthony Fairchild Lehlbach Scott, Mich. Arentz Fairfield Little Shelton _ Executit:c nomination confirmed by the Smwte January ~. 192~. Bacharach Faust London Shreve Barbour Fenn Luce Siegel REGISTER OF THE LAND OFFICE. Beck Foster Luhring Sinclair William Davis Gregory to be register of the land office at French McCormick Sinnott ~~~am Frothingham McFadden Slemp Wnlla "'alla, Wash. Bird Fuller McKenzie SmHh, Idaho Bixler Gensman McLaughlin, Kebr.Smith, Mich. Blakeney Gernerd MacGr~or Speaks Boies Goodykoontz Madden Sproul HOUSE OF REPRESENTATIVES. · Bowers Graham, Ill. Magee Steenerson Britten Greene, Mass. Maloney _Stephens Brooks, Pa. Griest Mann Strong, Kans. WEDNESDAY, Jan~ta1'Y 4, 1922. Browne, Wis. Hadley Mapes Summers, Wash. Burdick HaFdy, Colo. Merritt Sweet The House met _at 12 o'clock noon. Burroughs Hawley Michener Swing The Chaplain, Rev. James Sbera Montgomery, D. D., offered Butler Herrick Miller Taylor, Tenn. tlie following prayer : Cable Hickey Mills Temple Campbell, Kans. Hicks Millspaugh Thompson Blessed Lord, all that we can give Thee in return for Thy Campbell, Pa. Hill Mondell Tilsqn Chandler, Okla. Himes Montoya Timberlake mercy and _goodness toward us are a grateful heart and a Chindblom Hoch Moore; Ohio Tincher · broken service. Do Thou accept these as our bumble offerings. Clouse Houghton Moores, Ind. Towner The call of the day is with us. Let us answer it with a broad Cole, Iowa Hukriede Morgan Vaile Cole, Ohio Hutchinson Nelson, J. M. Vare understanding, with wide-awake vision, and even with eager Colton Ireland ~ewton, Minn. Voigt ness of soul. Ever give us that sweet sense of Thy presence Cooper, Ohio James Olpp Yolk that abolishes fear and drives away anxious care.- Teach us Cooper, Wis. Johnson, Ky. Paige Volstead Coughlin Johnson, Wash. Perkins Walsh that many of the experiences of life are to ·be accepted rather Crago Jones, Pa. Perlman Walters than analyzed. Help us in all things to rest in the Lord and Crowther Kelley, Mich. Porter Wason wait patiently for Him. Through Jesus Christ, our Lord. Curry Kelly, Pa. Purne1l Watson Dale Kendall Radcliffe Wheeler Amen. Dallinger Ketcham Ramseyer White, K.:ns. Darrow Kiess Ransley White, Me. The Journal of the proceedings of yesterday was read and Davis, Minn. King Reavis VilliamsC'n appro-ved. Dempsey Kinkaid Reece Winslow RESIGNATION OF A MEMBER. Dickinson Kissel Reed, W.Va. ·wood. Ind. - Dowell Kline, Pa. Ricketts Woodruff The SPEAKER laid before the House the following communi Dunbar Knutson Roach Wyant cation, which was read: Dyer Kopp Robsion Yatt>s Kraus Rogers Young WA.SHI~GTON, D. C., December 80, 192L Echols Hon. FREDERICK H. GILLETT, NAYS-8G. StJeal 1\Ir. IRELAND. This same resolution was introduced on the 1\fr. IRELAND. We hope to bring ours up to the standard of last day of the session prior to the recess and withdrawn fft the the Senate. suggestion of the Speaker. Mr. Speaker, I move the pre\ious question on the adoption of 1\Ir. BLANTON. 1\Ir. Speaker, will the gentleman yield? ;the resolution. 1\Ir. IRELAND. After making a preliminary statement. 'Mr. BLANTON. l\lr. Speaker, the gentleman said he would l\Ir. BLANTON. Will the gentleman give me u little time on give me a litt1e time on the resolution. I should like to op ihi resolution to OJ.Jpose it? pose it. l\Ir. ffiELAND. l!f the gentleman desires it, but I would like Mr. IRELAND. Then the gentleman was in a somnolent to get through as early as possible, and I would rather not yield condition and did not realize it. the floor. I thougbt th~ resolution was so thoroughly -discussed Mr. BLA.L~TON. I would like to have a little time. on the last day prior to the recess that discussion to-day would 1\fr. Kl~UTSON. Mr. Speaker, I make the point of order that be unnecessary, and I should not like to take up the time of the the previous question has been moved. House any more than is absolutely required. In substance this Mr. BL~'TON. 1\fr. Speaker, I would like for the gentleman resolution permits us 'to follow the example of the Senate in from Illinois to yield me ii\e minutes if he will. measure-- and is the inevitable course we must pursue in policy Mr. IRELA..1~. All right. I yield five minutes to the gen if we continue or hope to secure -in the future adequate service tleman from Te:x:P s [1\Ir. BLANTON]. in our restaurant. [Applause.] The resolution -pro\ides for 1\Ir. BLANTON. 1\Ir. Speaker, tills resolution means just one the employment of the necessary attendants and waiters in the thing, and that is that the Government of the United States restaurants, not exactly putting th€m on the roll, as the Senate is going to engage permanently in the restaurant business ai: does, but to handle them under such management ns will permit a great loss in order to furnish us l\lembers of Congress with us to compete both in 'Price, quality, and guantity with the food something to eat. The people o-f this Nation are not concerned in the Senate restaurant. It is hoped with tl1e understanding about wllat we eat, or where we eat it, or how we eat it, or and agreement we ha\e with a similar committee in the other what we pay for it, so long as the expense is not placed upon body that a common menu will be de-vi ed with ·prices-- them. That is a matter we ought to arrange out of our own 1\Ir. YOUNG. Will the gentlemnu yield? pocketbooks, and it ought to be in the regula:r course of business 1\Ir. IRELAND. I will. in the competitive commercial restaurants of the country. · 1\Ir. YOUNG. I want to ask the gentleman if this is to be a For one I am against tllis ~·e olution. It means that "'tile new trust? Government of the United States, besides furnishing .us rent 1\Ir. IRELMTD. Hardly; and prices will be materially re free the restaurant rooms, furnishes the light free; it ;furnishes duced, perhaps a common purchasing depa>rtment. At least it aU the fixtures free; it furni. hes the furniture fr.ee; it furnishes is the thought of the committee, a:fter giving thi a great deal free the fine mirrors in the restaurant room ; the silver, glass, of consideration and under trying circumstance , that this is china, linen, and utensils; it furnishes the electric fans in -the the inevitable course we must pursue, and lUl\e so recommendscl summer; it furnlshes eYer:ything in the way of overhead ex to the House. penses free for 433 Congressmen to get the benefit of on meals l\Ir. KING. Will tlle gentleman ·pt'rmit a que tion? they eat. .And I say the time ha rome when there should be 1.\Ir. ffiELAND. Yes. called a halt to tllis kind of business, to this kincl of •resolution. l\Ir. KING. Will there be a common .kitchen? I say that the people of the Nation are .going to hold us •re Mr. IRELAND. ·No. sponsible if we continue pas ing thi..s kind ·Of legislation for ·our nfr. KING. Common ceoks between the two Hon:es? own private benefit. 'JJhe people of. the United States ane :not Mr. 'IRELAND. No. concerned. in no way benefited, tlYY this. It is not .a public l\fr. KING. I suggest to the gentleman to look into the measul'e. It is not a law that in any way benefits the peo.p1e question of the common cooking-- of the United State:·. ~Ve are in the period of reconstraction, 1\Ir. ffiELAND. That has all been done. when the people want to know that they .are getting 1()0 per ·cent l\Ir. KING. With ·the new ·tables. tablecloth . antl all those value for every dollar we appropriate out of the Treastrry. things it is a beautiful place. Now, if they will just cook some 'Under this resolution tllel'e wo11ld be a loss of ·an immense thing down there which the Members would like it would be amount of money annually in order to Iul'Ilish food for 435 a wonderful improvement. • ongre. smen, with no limitation on e-xpenditures or salaries. l\lr. IRELAND. I will say to the gentleman "·e are coming The gentleman in ·charge of the resolution says that it is as near that as possible in that the two chefs are brothers. necessary on account of our iTregular habits, because ometilll€S 1\fr. PADGETT. If the gentleman will yield, we furnish ·we will ·not eat the food that is prepared, and therefore there the restaurant rent free, ;heat free, and light free, .and why is would ·l.le a loss to a commercial restaurlfllt. [ call upon the it, keeping out the question of profits, · the~· do not :pay expenses? membership of this House, in behalf of the people of this 1\Ir. IRELAND. "'Well-- Nation, to •ote down this r€Solution. And when we want food ' l\fr. PADGETT. Other restaurants in this city attempt to in restaurants let us go to commercial restaurants and pay ·what make a profit. Now, leaving off the .profit, .leaving o.ff xent, it is worth. Let us pay wlutt they charge in open competition light, and heat, why is it that this will -not pay expenses? in the markets of Washington and not seek to take advantage of 1\Ir. IRELAND. w·eu, it would seem it should, but the the people of America by passing this ·kind of nesolution. irregular habits, the .in:egularities of the House and large Mr. IRELA~D. ~Ir. Speaker, I yield such time as she may quantities of food have to ·be proT>ided and then the House un desire to the lady from Oklahoma [l\liss RoBERTSON]. expectedly adjourns, and perishable ·stuff is lust, is-- 1\Ii. s ROBERTSO~. Mr. Speaker, ·a good many years ago, 1\lr. PADGETT. Can not they l.:eep it in cold ~ torage, in re when I was a girl and sat up in the gallery yonder watching frigerators? men -on the floor •here, and wonde:red at "the thing that were 1\!r. IRELAND. 'W€ll, it never has been accomplished i:hus said .and clone, there was a man-I think he was from Indiana; far. ·he wns .not from the South-who made himself a great reputa l\Ir. PADGETT. It seems there is bad manngernent, some tion for a certain brand of so-called economy by attacking the how, if it will not pay expeQses. barber £hop .and · baths, and especially the extravagance ef l\lr. IRELAND. Well, it newr has. I belie\e the O'entle towels used .by the House of Representatives. He said tl1at one man could convince him elf of the impossibility of it by his roller towel did his family of eight a whole week. [Laughter.] own investigation. .Possibly in one part of Texas one towel a week for a family Mr. KINCHELOE. w·m the gentleman yield? may be the rule to this good day. [Laughter and applause.] hlr. IRELAND. I will. .In Oklahoma we .have sent the roller towel into limbo with Mr. KINCHELOE. Does the gentleman 1mow whether the various other insanitary things that our young State of Okla proportion of loss in the management of the House restaurant :homa i at least pTogressiYe in discarding, no matter what her is greater than that in the Senate? politics may continue to be. l\Ir. ffiELAND. No; it is not. · But the first thing that impressed me on going into the Honse l\Ir. KINCHELOE. Is it less? restaurant~and there are those who derisively say j;ha:t I was 1\Ir. IRELAND. I ha"e a comparative statement here ior a ''hash-joint" keeper before I came here--was that if I were tile month of No\ember slightly in fa\or of the House in pro running it in the State of ·Oklahoma I would have the officers portion to tile .Patronage enjoyed, save for the single item of the ·Of the law after me immediately, that three-quarters of the employment of waiters nnd cooks, which is absorbed in the crockery would go into the discard, and I would probably go to Senate and not here. prison fot· maintaining such insanitary conaitions. Mr. KINCHELOE. EYerybody who has patronized both of There has been a change downstairs. I do not .feel now that them knows that there is no comparison in the service in the I take my 'life in my hands o:when I eat in the restaurant. I .am Senate and the House restaurants. no longer afraid of ptomaine poison. I do not smell cock- • 782 CONGRESSIONAL R~EOOR.D-HOUSE. JANUARY 4, J'oache: any more, and I do not breathe those indescribable vinced that the scripture is of divine or1gm; I would be con odors of bad plumbing, of bad sewers, and foul refrigerators. vinced by that one statement that it was the message of God. They say t11at what we eat does not concern the people of the It does not say that money is the root of evn, or that mmJey is country. Does it not? Do not your wives quietly look ~ after the root of all evil, but it says that "the love ot money is the your food wllen you are at home? Have I not heard many and root ot all evil." And it is. many a woman, wives of Congressmen and Senators, speak of Now, you may talk about the health of Congressmen. The the terror they have hitherto had of these noonday lunches? Federal Government itself ought not to take care of tbe health How much does the cotmtry pay for our time here? How of Congressmen any more than of the health of their con much does the country lose when a well-trained Congressman, stituents. upon whose leadership important legislation depends, has an 1\fr. :MANN. Mr. Spe~ al{er, will the gentleman yield for a attack of acute indigestion or perhaps worse from improper question? food? Can you estimate the saving of time by the possibility Mr. SISSON. I do. of securing proper and necessary food without interruption of :Mr. :MANN. Did the gentleman favor the appropriation the business of the House? There are a lot of ways in which annnally reported from the Committee on Appropriations anu we . ave time, and no.;vhere in the world-little as the gentle regularly voted for by IJongress providing for the purchase of man from Texas [Mr. BLANTON], who perniciously and per spring water, to be drunk freely by the Members of Congres sistently squanders the time of this body may admit by his and the employees? actions-is time of more value. Will you send us out some i\Ir. SISSON. I did not. where to hunt around for food? Where, surrounded by parks 1\fr. l\IANN. The gentleman has not oppo. ed it, has he? as the Capitol is, ·hould we go? You know how irregular our l\Ir. SISSON. Oh, there are so many wicked things that I hours are. If a eaterer has a good meal ready and nobody would have to oppose if I were to undertake to oppose them all comes to eat it, it has got to be paid for. The House restaurant that if I did so I would not have any time left for nnythiug else. is not run 12 months in the year, three meals in the day, seven I do oppose them as they come up. The fact is I have op days in the week, as is the case with the ordinary restaurant, posed about as many wicked things as has the gentleman from balancing profit and loss with the fluctuations of business. Illinois. He is known as the constitutional objector. I have ~ When I started out with ~ the Business Woman's Club, which frequently thought-- grew into my famous cafeteria, I served one meal a day for Me. )IANN. Has the gentleman xefusell to urink the water? six days in the week, and I lost money right straight along; [Laughter.] but I paid the bil1, be~ause I went into the business of manag Mr. SISSON. I am not yielding now, Mr. Speaker. I have ing that club that I might pay the bills. So I know all about frequently thought, and I say it to ihe gentleman now a· I these matters, about overhead, food cost, service, and so forth, have saicl it privately, that Jn.r MANN is a near great man. If and I am frank to confess that careful study of the situation he ha • 1922. CONGRESSIONAL RECORD-ROBSE. 783 Hoch McCormick Ramseyer· Sweet Mr. PARKER of New Jersey with Mr. Rr(mDAN. · Houghton McFadden Ransley Swing Hutchinson McLaughlin, Nebr.Rea.vis Taylor, Tenn. Mr. KNIGHT with Mr. GALLIVAN. Ireland MacGregor Reece Temple Mr. SNELL with Mr. DoMINicK; James Madden Reed, W. Va. Thompwn Mr. MoRIN with Mr. Pou. Johnson, Wash. Magee Ricketts Jones, Pa. Maloney Robertson ill~~~ltake Mr~ CoDD with Mr. CLARK of Florida. Keller Mann Robsion Tlnchet· Mr. SNYDER with lli. BRAND. · Kelly, Pn. Mapes Rogers Towner l\1:~:. A. P. NELSON with Mr. McDuFFIE. Kendall Michener Rose Treadway Kiess Mills Ro-ssdale Vaile Mr. PATTERSON of Missouri with Mr. STOLL. King Millspaugh Sanders~ Ind. Vare 1\I'r. DUNN with 1\fr. HAWES. Kissel Mandell Scha-U Volk Mr~ ED:HONDS with Mr. SULLIVAN. Kline, Pn. Montoya Scott, Mich. Volstead Knutson Moore, Ohio Shelton Walsh Mr. ATKESON with Mr. KuNz. Kopp Moores, Ind. Shreve Walters Mr. BuRToN with Mr. FuLMER. Kraus Morgan Siegel Wason Mr. McARTHW with 1\fr. HuMPHREYS. Lampert Nelson, J. M. Sinnott Watson Langley Newton, Minn. Smith, Idaho· Wheeler Mr. OGDEN with Mr. TAYLOR of Arkansas. Lar on, Minn. Olpp Smith, Mich. White, Kans. Mr. McPHERSON with Mr. O'BRIEN. Layton Paige Smithwick Wingo :1\fr-. REBER with Mr. CA.IITER. Lazaro Park Ga. Speaks Winslow Lehlbach Perkms1 Sproul Wood, Ind. l\fr. PATTERSON of New .Jersey with 1\Ir. LEE of Georgia. Little Perlman Steen.ersorr Woodruff Mr. FEss, with Mi~. BARKLEY. London Porter Stephens Wyant Mr. Luce Purnell Strong, Kans. Yates l\fr. NEW-TON of Missouri with CoNNALLY of Texns. Luhring Radcliffe Summers, Wash.. Mr. DOWELL with Mr. DRE\VRY. NAYS-75. Ml'. RODENBERG with 1\Ir. RAKER. Almon Douglrton Lanham Rucker . Mr. WILLIAMs with. 1\lr. STEDMAN. AsweU Drane Lankford Sanders, Tex. Mr. BRENNAN with 1\fr. HUDSPETH. Bankhead Driver Larsen, Ga. Sandlin Bell Dunbar Linthicum Sisson Mr. FREE with Mr. .ToNES of Texas. Bland, Vn. Fields Logan Steagall Mr. CoNNOLLY of Pennsylvania with :1\.fr. LEA of California.. Blanton Garner Lowrey Stevenson. Mr. RHODES with l\1r. SEARS. Bowling Garrett, Tenn. Lyon. Sumners, Tex. Box· Garrett, Tex. McSwain Swank Mr. DENISON- with 1\fr. DAVIS of Tennessee. Briggs Gilbert Iliontague Tillman Mr. KAHN with Mr. BLACK. Buchanan Goldsborough Moore, Va. Tyso.n Mr. TAYLOR of New Jersey with lVIr. RAI.NEY of Alabama. Bulwinkle Hammer Oldfield Upshaw Byrnes, S. C. Harrison Oliver Vinson Mr. ROSENBLOOli with l\Ir. BRINSON. Byrnes, Tenn. Herrick Overstreet Ward, N·.. C. Mr. JEFFERIS of Nebraska with Mr. SAB.ATH. Cable Hooker Padgett · Weaver Mr. LEATHERWOOD with Mr. HAYDEN. Can trill Huddleston Parks, Ark. \Yilliamson Collier H ulrriedc Parrish ""ilsorr 1\fr. Gon.M:A.N with Mr. TENEYCK. Collins Jeffers, Ala. Quin Wise Mr. GRAHAM of Pennsylvania with 1\Ir . .JoHNSON of l\fissis· Coop_er, Ohio Johnson, Ky. Rankin Wooc.ls, Vu. sippi. Crisp Kincheloe Rouse Mr. RoACH with Mr. O'CoNNOR. NOT VOTIXG- lTG. Mr. HAYS with 1\fr. MEAD. Anderson Fisl.t Kunz Rayburn Andrews, Mass. Fisher Lawrence Reber Mr. KE.ABNs with Mr. 1\i.ANSFIELD. Appleby Focht Lea, Calif. . Reed, N.Y. l\1r. CHANDLER of New York with l\fr. WRIGHT. Atkeson Fordney Leatherwood Rhodes Mr. FoRDNEY with l\1r. TAYLOR of Colorado. Barkley Free Lee, Ga. Riddick Beedy Freeman Lee, N.Y. Riorda.n The result of the vote was a1mounced as above recorded. Black li1ulmer Lineberger Roach On motion of Mr. IRELAND, a motion to reconsider the vote Bland, Ind. Funk Langworth RodenbNg. whereby the resolution was agreed to was laid on the table. Bond Gahn McArthur Rosenbloom - Brand Gallivan McClintic R:r-an APPROPRIATION BILL FOR THE TREASlffiY DEPARTMENT. Brennan Glynn McDuffie Saba th Brinson Gorman McKenzie Sanders, N.Y. Mr. MADDEN, chaii:IDan of the Committee on Appropriations, Brooks lll. Gould McLaughlin, Mich. Scott, Tenn. Brown,1 Tenn. Graham, Ill. McLaughlin, Pa. Sears ·by direction of that committee, reported the bill (H. R. 9724) Burdic.k Graham, Pa. McPherson Shaw making appropriations for the Treasury Department for the Burke Greene, Vt. Mansfield Sinclair fiscal year ending June 30, 1923, and for other purposes, Burtness Hardy, Tex. 1\lartin Slemp Burton Haugen Mead Snell which was read a first and second time, and, with accompanying Carew Hawes Merritt Snyder papers, referred to the Committee of the Whole House on the Carter Hayden Michaelson Stafford state of the Union. Chalmers Hays l\Iiller ~Hedman Chandler, N. Y. Hogan Moore·, Ill. Stiness Mr. BYRNS of Tennessee reserved all points of order. Christopherson Hudspeth Morin Stoll Clague Hull Mott Strong, Pu.. SENATE BILL REFERRED. Clark, l!'la. Hu~phreys · Mudd Sullivan Clarke, N.Y. Husted Murphy Tague Under clause 2, Rule XXIV, Senate bill of the following title Classon Jacoway Jelson. A. P. Taylor, At1{. was taken from the Speaker's table and referred to its appro Codd Jefferis, Nebr. Kcwton., Mo. Taylor, Colo. priate committee, as indicated below : Colton Johnson, 1\Iiss. Jolan Taylor, N.J. Connally, Tex. Johnson, S.Dak. Korton TenEyck S. 423. An act for the relief of Hans P. Guttormsen; to the Connolly, Pa. Jones, Tex. o·Brien Tho.mas Committee on Claims. Copley Kahn O'Connor Tinkham Cramton Kearns Ogden Underhill PROGRAM ~·on THE SESSION. Curry Kelley, Mich. Osborne Vestal Davis, Tenn. Kennedy Parker, N.J. Voigt l\fr. MONDELL. 1\fr. Speaker, I ask unanimous consent to Deal Ketcham Parker, N.Y. Ward, . Y. address the House for 10 minutes on the matter of the program Denison Kindred Patterson, Mo. Webster Dominick Kinkaid Patterson, N.J. White, l\Ie. of the session. Dowell Kirkpatrick Petersen Williams The SPEAKER. The gentleman from Wyoming asks unani Drewry Kitchin Pou WoodyaTd mous consent to address the House for 10 minutes. Is there Dunn Kleczka· Pringey Wright Edmonds Kline, N.Y. Rainey, .Ala. Wurzbacb objection? · Ellis Knight Rainey, Ill. . Young There was no objection. Fess Kreider RakE>r Ziblman. Mr. l\101\TDELL. :rill:. Speaker, I am only stating a truism So the resolution was agreed. to. when I suggest that no important business, public or private, The following additional pairs were announced : can be successfully carried on, an'd no important project, enter 1\fr. MOORE of Illinois with Mr. lUcCLINTIC. prise, or undertaking can hope for a successful issue, unless l\fr. LoNGWORTH with l\lr. CAREW. there shall be, so far as the character of the undertaking per Mr. BUllKE \Vith l\fr. RAYBUJiN. mits, a reasonably definite plan and purpose of accomplish Mr. APPLEBY with Mr. FISHER. ment. With these facts in mind, it has occurred to me· that it l\fr. OSBORNE With Mr. .TACOWAY. would not be amiss at the convening of the session to call at Mr. KENNEDY with Mr. TAGUE. tention to and outline, so far as we may at this time, the l\fr. McLAUGHLIN of Michigan with l\.Ir. RAINEY of Illinois. pm·pose and expectation of the session upon which we are Mr. NORTON with Mr. DEAL. now entering, following the important preliminary work of the Mr. WunzBACH with Mr. MARTIN. session prior to the Christmas holidays. Ur. FUNK with Mr. HilDY of Texas. For the first time in our history we shall be working in the Mr. LINEBERGER with Mr. KITcmiN. matter of appropriations under a completely functioning Fed- 1\Ir. BLAND of Indiana with Mr. THOMAS. eral budget system. OuL' consolidated. Appropriations Com Mr. LAWRENCE with Mr. KmDRED. 1 mittee has for the fir t time considered estimates submitted 784 CONGRESSIONAL RECORD-HOUSE. JANUARY 4, by the Bureau of the Budget and will present appropriation Johnson, S. Dak. McFadden Peter·seri Stevenson bills grouped a~conling to the activities of Federal departments. Jones, Tex. McLaughlin, Mich. Pringey Stiness Kahn · McLaughlin, Pa. Rainey, Ala. Strong, Pa. I shall leave with the chairman of the Committee on Appro Kearns McPherson Hainey, III. Sullivan priations the duty of presenting to the House in detail the Kelley, Mich. Mansfield Raker Tague Kendall 1\fead Rayburn Taylor, Ark. plans and purposes of the Appropriations Committee under the Kennedy Merritt Reber Taylor, Colo. new system and of ·pointing out the remarkably efficient work Kindred .Michaelson Heed, N. Y. Taylor, N. J. that bas been performed in starting our first appropriation Kirkpatrick Moore, Ill. Rhodes TenEyck Kitchin Morin Riddick Thomas program unde.r the budget. K.leczka Mott Riordan · 'l':inkba m I think that all will agree that the importance vf this appro Kline, N.Y. Mudd Roach Underhill priation program is such as to warrant its regular and sys Knight l\Iurphy Rodenberg Voigt Kreider Nelson, A. P. Rosenbloom Ward, N.Y. tematic consideration as the bills may be presented by the Kunz Newton, l\Io. Ryan Web ter Appropriations Committee, and while "there sb:11l be no neglect Langley Nolan Sabath Williams of the legislative program, the program of appropriations Lawrence Norton l::;anders, N.Y. Wilson Leatherwood O'Brien Scott, Micb Winslow should, in the main, have the right of way at all times. Lee, Ga. O'Connor Scott, 'l'enn: Woodyard There are a number of measures now well along on their Lee, N.Y. Ogden Sears Wright Lineberger Osborne Shaw Wurzbach legislative way which we expect to see completed during the Longworth Park, Ga. Sinnott Vates session. The more important of these is the tariff bill, the Lowrey Parker. N.J. Slemp Zihlman reasonably early enactment of which is highly important and McArthur Parker, N. Y. Snell McClintic Patterson, Mo. Snyder earnestly hoped for. Other measures of importance which we McDuffie Patterson, N.J. Stafford hope to see enacted during the session are the bill providing for The SPEAKER pro tempore (Mr. WALsH). On this vote a commission for the refunding of the foreign debt, the bill 272 Members have answered to their name , a (]uorum. providing for· additional F:ederal judges, and the bill for the Mr. MONDELL. Mr. Speaker, I move to dispen ·e "'ith reclassification of Federal employees. I think it is now gener further proceedings under the call. ally understood that \Ye shall proceed to the early consideratiun The SPEAKER pro tempore. The gentleman moves to -·di - of, and in due time in this session enact, an adjusted compensa tion act for veterans of the World War. [Applause.] It is pense with further proceedings under the call. - l\1r. GARRETT of Tennessee. Mr. Speaker I move that the hjgnly important that '"e shall before the close of the session House do now adjourn. ' outline a program of national participation in highway con struction covering a period of two or perhaps th1·ee years. It The SPEAKER pro tempore. The question is on the motion of the gentleman from Tennessee that the House do now is, in my opinion, important and desirable that the Congress adjourn. shall at this . e~sion enact proper legislation for the apportion ment of Congress under the Fourteenth Decennial Census. The question was taken ; and on a division ( demanl!etl by Other legislation that will be scheduled for considerativn l\fr. GARnm·of Tennessee) there were--ayes 46, noes 133. Pul'Dell Scott, Mich. Swing Volstead The que tion was taken, ancl there were-yeas 179, na:ys 69, · Radcliffe Shelton Taylor, Tenn. Walsh Ramseyer Shreve Temple Walters answered " present " 1, not voting 181, as follows: Ransley Hiegel 'fhompson Wason Yeas-179. Reavis Sinclair 'filson Watson Ackerman Ellis Lampert Sanders, Ind. Reece Sinnott 'l'imberlake Wheeler .Andrews, Nebr. . Evans Larson, Minn. Schall Reed, W.Va. Smith, Mich. Tincher White, Kans. .Ansorge Fail·child Layton Scott, M.icb. Ricketts Speaks Towner White, Me. Anthony Faust Lea, Calif. Shelton Robsion Sproul 'freadway Williamson Arentz Fenn Lehlbacb Shreve Rogers Steenerson Vaile Winslow Bacharach Foster Little Siegel Ro.e Stephens Vare Wood, Ind. Barbour Frothingham London Sinclair Rossdale Stiness Vestal Woodruff Beck Fuller Luce Sinnott :-landers, Ind. Strong, Kans. Voigt Wyant Begg Gcnsman . McCormick Smith, Idaho Schall Summers, Wasb. Volk Young Benham Gernerd McFadden Smith, Mich. ANSWERED "PRESENT "-3. Bil·11 Goodykoontz McKenzie Speaks Bixler uraham, Ill. McLaughlin, NebL·.Sproul Chandler, Okla. Clark, Fla. Rucker Blakeney Ht·<>ene, l\lass. · MacGregor ::iteenerson / Boies Griest Madden Stephens NOT VOTING-172. Bowers Hadley · Magee Stinf'ss .Ander on Evans Kreider Raker Britten Hardy, Colo. Maloney Strong, Kans . .Andrew, Mas . Fairfield Kunz Rayburn Brooks, Pa. Hawley !ann l-:5ummers, " •ash. .Appleby Fess Langley Reber Browne, Wi Herrick l\1apes Sweet .Atkeson Fish Lawrence Reed, N.Y. Burroughs Ue1·sey Miehener Swing Ba1·k!ey Fisher Leatherwood Rhodes Butler Hickey Miller 'l'aylor, Tenn. Beedy Fitzgerald I..ee, Ga. Riddick Cable Hicks Mills Temple Benham Fordney Lee, N. Y. Riordan Campbell, Kans. Hill Millspaugh 'fhompson Black Free Lineberger Roach Campbell, Pa. Himes Mondell Tilson Bland, Ind. Freeman Longworth Robertson Chandler, Okla. Hoch Montoya Timberlake Bond Fulmer Luhring Rodenberg Chindblom Houghton Moore, Ohio Tincher Brand . - Funk l\lc.Arthur Rosenbloom CloU-se Hukriede Moores, Ind. Towner Brennan Gahn . McClintic Ryan Cole, Iowa Husted Morgan Treadway Brinson Gallivan McDuffie Sabath Cole, Ohio Hutchinson l\ludd \'aile Brooks; 111. Glynn McLaughlin, MichSanders, N. Y. Connell Jr·eland Olpp Vare Brown, Tenn. Gorman McLaughlin, Pa. Scott, Tenn. Cooper, Oqio James Paige Vestal Bmdkk Gould McPherson · Sears Cooper, Wis. .Tollnson, Ky. Perkins Voigt Burke Graham, Pa. Mans.field Shaw Coughlin .T ohnson, S. Dak. rerlm:m Volk Burtness Greene, Vt. Mead Slemp Crago Johnson, Wa:>h. Purnell Yo I stead Burton Griffin Merritt Smith, Idaho Ct·owther Jones, Pa. Radcliffe Walsh Cannon Hardy, Tex. Michaelson Snell Cullen Kel1er Ram:sE:'yer Walters Carew Harrison Moore, Ill. Snyder Curry K-tllr, ra. Ransley Wason Carter Haugen Morin Stafford Dale Km LXII--50 786 OONGRESSIONAL REOORD-ROUSE. JANUARY 4, ·Snyder Taylot·, Colo. Wat on Wright ANSWERED " PRESENT "-2. Stafford Ta-ylor, N.J. Webster Wurzbach Clark, Fla. Reece :Stedman TenEyck "White, Kans. Yates Sh·ong, Pa. Thomas Williams Zihlman 1"0!I' VOTING-172. Sullivan Tinkham Wilson Anderson Fields Kreider Rainey, Ill. Tague nderhill Wingo Andrew, Mass. Fish Kunz Raker Taylor, Ark. Ward, N.Y. Woodyard Anthony Fisher Langley Rayburn Appleby Fitzgerald Larsen, Ga. Reavis So the motion was agreed to. Atkeson Fordney Lawrence Reber The Clerk announced the following additional pairs: Barkley Free Leatherwood Reed, N.Y. Until fm·ther notice: Beedy Freeman Lee, Ga. Rhodes Black Fulmer Lee, N. Y. Riddick l\lr. LANGLEY with Mr. CLARK of Florida. Bland, Ind. Funk Lineberger Riordan Mr. PoRTER with 1\f:r. CocKRAN. Bond Gahn Longworth Roach l\lr. MoruN with Mr. Wmao. Brand Gallivan Luhring Rodenberg Brennan Glynn McArthur Rosenbloom ~11'. DALLINGF.R \Vith Mr. -1AHTIN. Brinson Goldsborough McClintic Rucker :Mr. MICHAELSON with 1\fr. HOOKER. Brooks, Ill. Gorman McDuffie Ryan Mr. \VURZBA.CH with Mr. OVERSTREET. Brown, Tenn. G<>uld 1\fCLaughlin, Mich. Sabath Burdick Graham, Pa. McLaughlin, Pa. Sandet·s, N. Y• .l\fr. STRONG of Pennsylvania with 'Mr . .1\fcSwA.IN. Burke Greene, Vt. McPherson Scott, Tenn. l\lr. ANDERSON with Mr. DauGHTON. Burtness Griffin McSwain Seat·s The result of the vote was announced as above recorded. Burton Hardy, Tex. Mansfield Shaw Cannon Harrison Martin Slemp ANTILYNCHING BILL. Carew Haugen Mead Snell Carter Hawes Merritt Snyder Mr. VOL-sTEAD. Mr. Speaker, I move that the House resolve Chalmers Hayden Michaelson · Stafford Chandler, N.Y. Hays Montague Stedman itself into the Committee of the Whole House on the state of Christopherson Hogan Moore, Ill. Steenerson the Union for -the further consideration of the bill (H. R. 13) Clague Hudspeth 1\Iorin Strong, Pa. to assure to persons within the jurisdiction of every State the Clarke, N.Y. Hull l\Iott Sullivan Classon Humphreys Murphy Tague equal protection of the laws and to punish the crime of lynch Codd .Husted Nelson, A. P. Taylor, .Ark. ing, and on that I ask the yeas and nays. Colton Jacowa,y Newton, Mo. Taylor, Colo. The SPEAKER. The gentleman from Minnesota moves that Connolly, Pa. James · Nolan 'l'nylor, N.J. Copley Jefferis..!.. Nebr. Norton TenEyck the House resolve itself into the Committee of the Whole House Cramton Jones, .t"a. O'Brien Thomas on the state of the Union for the further -consideration of the Davis, .Minn. Jones, Tex. O'Counor Tinkham bill H. R. 13, and on that the Chair understands that the gentle- ' Davis, Tenn. Kahn Ogden Underhill Deal Kearns Osborne Ward, N. Y. man demands the yeas and nays. Dempsey Kelley, Mich. Overstreet Weaver Mr. VOLSTEAD. I ask for the yeas and nays. Denison Kennedy Park, Ga. Web ter Dickinson Kindred Parl{er, N.J. Williams The yeas and nay were ordered. Dominick Kirkpatrick Parker, N.Y. Woodyard The , question was taken, und there were-yeas 180, nays 70, Drewry Kitchin Patterson, Mo. Wright an wered " present " 2, not voting 178, as follows : Dunn Kleczka Patterson, N. J. Wurzbach Edmonds Kline, N.Y. Petersen Zihlman "YEAS-180. Fairfield Knight Pringey Ackerman Fairchild Larson, Minn. Schall Fess Kraus Ruinel(, Ala. Andrews, Nebr. Faust Layton Scott, Mich. So the motion of 1\lr. VoLsTEAD was agreed to. Ansorge Fenn Lehlbach Shelton Arentz Focht Little Sht·eve The Clerk announce(} the following additionnl pairs: Bacharach Foster London Siegel Until •further notice": Barbour Frear Luce Sinclair Mr. LANGLEY with 1\Ir. CLARK of Florida. Beck French McCormick Sinnott Begg Frothingham McFadden Smith, "Idaho l\Ir. ANTHONY with Mr. JJ1.IELDS. Benham Fuller McKenzie Smith, Mich. Mr. LUHBING with 1Ur. GOLDSBOROUGH. Bird Gensman McLaughlin, Nebr:Speaks Mr. REAVIs ·with Mr. LARSEN of Georgia. Bixlet· Gernerd MacGregor Sproul Blakeney G<>odykoontz Madden Stephens Mr. DAVIS of Minnesota ·with Mr. 1\Io-:'IT'.lOUE. Boies Graham, Ill. Magee Stiness Mr. FISH with l\1r. WEAYER. Bowers Green, 1owa Maloney Strong, Kans. Mr. ANDERSON With K!r. MARTIN. Britten Greene, Mass. Mann Summers, ·Wash. Brooks, Pa. Griest Mapes Sweet The result of the vote waf> announced as above recortle ~Jr. DYER. Mr. Chairman and gentlemen of the committee, they felt that a great majority of the American public 'vould not my interest in this legislation comes from lynchings that have censure them for lynching under those circumstances; anu that occurred in my own State. :i.\ly special attention to this matter is, I take it, why some of the gentlemen rise in their seats and came five years a go when at the very doors of my home occurred say that this bill should be labeled a bill to legalize ral)e. one of the most disgraceful lynchings and riots known to civili l\1r. Chairman, the crimes and misdemeanors with which men zation. That occurred in the city of East St. Louis, Ill. I intro have been charged or of which they were guilty and for which duced a resolution at that time ash'ing that the House of Repre they have been lynched have been so greatly outnumbered by sentatives investigate that lynching and ascertain the cause and the other class that it is hardly worth while to spend a great see if there was something we might do to make such disgrace deal of time on that. In the five-year period, from 1914 to ful events scarce and impossible for the future. In that lynch 1Q18, 264 Negroes were lynched in the United States. That ing and in that mob riot there were 100 and more people in does not take in the great number who were killed at Ea t St. jured and killed-innocent men and innocent women. Louis, to which I have made reference. Of the 264 cases, rape Some of the most outrageous murders known to humanity was the alleged cause in only 28. . took place at this time. Little children were taken away from Taking the States in this Union where men are prosecuted their mother's arms and thrown into the fire. for this crime and where the courts are left to uecide the ques- This affair grew out of a killing that occurred in East St. tion, I have taken figures from the State of New York. I find Louis. There had been race feeling in that city, and there was that in New York County in 1917 there were 230 per ·ons in an automobile containing police officers driven th1,·ough sections dicted f01: rape, of whom 37 were indicted for rape in the fir~t of East St. Louis that were populated largely by colored people, degree. This shows that in New York County alone in one and while they were doing this they were fired upon-fired year there were nine more persons indicted for rape than there upon by somebody, presumably, although I do not think it was were lynchings of Negroes during the five years where the ever ascertained as a fact, by some Negroes. A man was killed; victims were only accused of rape. another was wounded, and this lynching, thi murder of more It may be well to state here, gentlemen, that lynching mobs than 100 people, innocent as. you and I of any connection with require no proof, but in the courts of justice proof is required. that affair, took place. Some people started out to find the It might be stated further that out of the 37 persons indicted people who had killed this man for the purpose of lynching for rape in the first degree during 1907 in New York County them. not a single one of those cases was that of a colored man. This legislation, if enacted into law, will cover cases of that I have the figures here of many years. I have the places, kind, notwithstanding the statement made by some ·gentleman the dates, and the names of the people who were lynched. Let previous to the holiday recess that this legislation is aimed me can your attention here to the year 1918. Five of those only at the Southern States, where lynchings have been promis lynched in that year were women. Two Negro men were cuous. Mr. Chairman, I may say in this connection that that burned at the stake before . death, and four were burned after thought never entered my mind in what I have done to secure death. Aside from those burned at the stake three were tor this legislation. 1 want to make it so that lynchings of the tured before death. In one case the victim's dead body was kind that happened in East St. Louis, Ill., will not go unpun carried into town on the running board of an automobile and ished to the fullest extent possible. [Applause.] thrown into a public park, where it could be viewed by thous When that committee was appointed to go to East St. Louis, ands of men, women, and children. One Negro victim was cap Ill., and investigate those race riots and those murders, dis tured and handed over to the officers of the law by the NegToes tinguished Members of this House were appointed as members themselves in that year, yet after that had been done he was of the committee. Among them 'vas the gentleman from Ken taken from the officers of the l~w and lynched. tucky [Mr. JoHNSON], and I am glad to say that in all the A mother and her five children were lynched by a Texas filibustering that has been carried on here to prevent, if pos- mob in 1918, the mothe:::- having been shot as she was attempt ible, the consideration of this legislation, you have not had the ing to drag the bodies of her four dead sons from their burning assistance of that distinguished Representative from Kentucky. home. The crime in this case was not rape. It was alleged [Applause.] He knows something about the terrible things conspiracy to avenge the killing of another son by officers who that happen in these lynchings and race riots, and how inno had come to arrest him for evading the draft law. Those ·are cent people are murdered and killed by the mob quest for the some of the facts. supposed guilty ones. I have here another year, .1919, in which there were 83 people I have here the report made by that committee. Among the lynched. Some were shot, some were hanged, some were beaten other signers is the distinguished gentleman from Wisconsin to death, some were cut into pieces, some were drowned, and in [Mr. CooPER]. This report was published a a House docu many cases the means of death is unknown. The charge· for ment and I · have it here. It tells of the horrible things that which these people were killed in that year were murder, a. happened at that time. sault on white women, attempted assault, insulting a 'Yhite Not only that, Mr. Chairman, but lynchings have been going woman, attempt to pull a woman from a horse, shooting a on in this country for these many years without any special white man, assaulting a white man, altercation with white effort apparently being made to pros~cute · or to punish the man, beating and robbing a white man, being found under a bed guilty. It is true that some few of those who participated in in a white man's hou e, not turning out of the road for a ,vhite that East St. Louis lynching were convicted ; some whites and boy in an auto, misleading a mob, insulting a white man, boast some blacks were convicted. and sent to the peni~ntiary. But ful remark in regard to the killing of a sheriff, and the result that is one of the few instances to my knowledge where there of race riots. has ever been any conviction. I have a statement here for another year, 1920, the alleged The charge has been made here, Mr. Chairman, that these offenses being murder, assault on women, attacking white boy, · lynchings are caused by attacks upon 'vomen, that they are the stabbing a white man, assaulting a white man, threatenino- to result of rape. That is as far from the· truth as many of the kill a white man, aiding the escape of a murderer, jumping other extravagant statements that have been made. labor contracts, Negro labor troubles, riots, election-day dis I have taken pains to obtain the best possible information turbances, attempting arrest in connection with a moonshine regarding lynchings in the last 35 years or more, and I have still, and other offenses. here a statement prepared by the president of the 'l~uskegee In I have a case here, among others, which shows that two stitute of Alabama, under date of December 31, 1921. In a word, colored men, one 20 and one 17 :.vears of age, were lynched it says that in this 36-year period, from 1885 to 1921, there a long with two Negro girls, one 20 and one 16. One of these had been 4,096 lynchings. Of this number 810 were. charged Negro men had killed a white man in Mississippi. For that with rape or attempted rape. In other words, of the total offense he and another colored man and these two girls-by the number of 4,096, only 810 were even charged with this horrible way it is alleged that these two girls had been repeateuly as crime or its attempt. I have taken pains to have other state saulted by this white man, and out of this grew the figlJt and ments compiled. I have one here prepared by the National the killing of a white man-all four of these Negroes were Association for the Advancement and Protection of Colored lynched from the same tree, two men and two girls, one !!0 and People stating that during the period from 1889 up until Decem one 16. ber, 1919, there were 3,434 known lynchings in the United Mr. Chairman, this charge that this is aimed at.any section of States. Of that number 570 have been charged with rape or the country or that any particular section of the country is in attempted rape-570 out of 3,434. fayor of this lynching is an absolute untruth. I ha>e taken It is especially emphasized in this connection that there have pains to gather extracts from papers all over the country, and been many lynchings where the victhn was not even accused of have gathered them from Southern States as I have from the rape but in which case the lynchers gave rape as the cause in Northern States. I find that the press and the good people of order to justify their action. They did U1is, of course, because the Southland is as much against this crime as is the pre ·s and CONGRESSIONAL RECORD-HOUSE. JANUARY 4, the good people of tbe Northland. It is only tbe criminal ele-l shall remain inviolate; and that no citizen of the State shall ment, the mob spirit, that is in fa...-o1· of this damnable outrage be depriyed of life, liberty, property, privileges, or immunities against human life and human justice. except by due course of the law of the land; that no power of The Tennessee conference of charity and conection which met suspending the laws in that State shall be exercised except b-y in Memphis, Tenn., passed resolutions calling on the President the legislature. to appeal to the people of the South against lynching, and its The editorial further refers to tbe fact that there is au anti· resolution concluded not only in appealing to tbe President but lynching bill now before the Congress and that it deeply hopes also says that whereas such acts do in fact amount to a crime the National Government at last is to take a hand in wiping against the Nation we do further petition Congress to pass an tbe stain of barbaric lynching from the banners of a free and act so declaring and give the Federal grand jmies and the orderly representative democracy. courts tbe right to indict and try these charges thereunder. In 1921 the statistics of lynching were published to the world, That is from the Tennessee conference of charity and correc- and in a few days, says this paper, they showed how terrific it tlon which met in 1\femphis, Tenn., in 1918, report of which is had been. The paper says that the National Congress has the published in tbe Outlook. power, has the right, to legislate for the genuine. effective op Not only that, but I have other petitions to the President and eration of every mandate of the National Constitution, and it Congress begging that action be taken so that the United States publishes the editorial in advocacy of tbat law. The paper also . courts may have jurisdiction to investigate and try men charged states that Texas has had more lynchings lately than any State with this crime. You gentlemen know, all of you know, that it in the Union. is impossible to find a jury in the county where a lynching takes A distinguished member of the Georgia bar, Mr. Robert C. place that will indict in the first instance or convict in the sec· Austin, of Atlanta, in June, 1916, in making an argument in ond instance· but if it is brought into a Federal court you may favor of the authority of Congress to legislate in the mattel', bring your j~ry from other sections of the State far away from called attention to the fourteenth amendment to the Constitu4 where the crime was committed. tion and gave it as his judgment tbat that amendment gave Con. I have here statements published in papers in those States gress the power to legislate. He said among other things: where lynching has taken place in such great numbers, in which What reason is _there fo~ withho_lding the enactme~t .of _laws wh!ch it is admitted that the Negroes are not (7iven as equal protec- ~ill make the shexiff and hlS deputies amenable to a JU_rtsdiction )Vhteh • • • E> IS composed of persons other than the offenders and the1r sympathlZers? twn of the law as provided In the fourteenth amendment to the No one believes that any lyncher will be punished and experience shows Constitution of the United States. It is upon that that we that no real effort will be made to find who the' lynchers are. It can appeal to the Congress for legislation. no longer •be said that lynching is com;mitted for one c~~e. It is but I have here a statement from the Atlanta Constitution, which a few months ago that two Negroes were lynched for kUling a mule. says: . I have statements to _that effect, not only from the newspapers We mu t be fair to the Negro. There is no use beating about the ill States where lynching ~as been S? prevalent but from t~e bush. We have not shown this fairness in the past" nor are we showing newspapers of every State 1n the Umon, and on top of that It it to-day, ~ither !n justice .befo!e the law or in facilities aflio.rded for is the duty of this Congress to see to it that those who have the educabon or In other directlODl:> been given the right tO be tried by the COUrts and by jUries Shall There is an admission by one of the great papers of the ' be given an opportunity to show their innocence. Even thou·•·h Southland that this amendment to the Constitution is and has the law says that the State must prove the man guilty beyo~d been violated, and continually so. Down in Mississippi a a reasonable doubt, the accused is not even given an oppor lawyer was addressing the Bar Association, and he said: tunity to come into ~ourt and have the facts tried out. Gentle- .The Negr!> accused of c?me during th~ days of ~laverJ: was deaJt men say that tbe feeling is so high and so tense where a rape. w.1th more Justly than he 1s t~~day. It lS n~xt to unpos~1ble to con- has. been committed that it is impossible· but how about the v1ct, even upon the s1:l'Qngest eVIdence, any white man fon V1olence upon . ' the person of the Negro and, conversely, it Is equally true that it is 4,000 cases of lynching that have taken place where no rape has next to impossible to acquit a Negro of any criminal violence where a been involved as against the 800 where rape was charged? \vhite man is concerned. Not only that, but the Negro in this country has shown him- Not only that but here is a statement from the Vicksburg self to be loyal and true. Every time that we have called up_on Herald which says that the Herald looks with no favor upon them to help, they have come bravely forward. I have state. the drafting of the southe-rn Negro, believing that they should ments here from North Carolina papers and from other papers be exempt in toto because they do not equally share in the bene- showing how splendidly the Negro soldiers from that State and fits of government. To say that they do is to take issue on a other States went willingly to war, waiving their exempti-ons, palpable truth. "Taxation without representation," the war and how anxious they were to do something to help this Na· cry of the Revolution against Great Britain, was not half so tion during that ordeal. I have statements here from the War plain a wrong as requiring military service from a class that is Department showing what these Negro soldiers did in France denied suffrage and which lives under such discriminations of individually and in regiments, giving citations, the names of inferiority as the ''Jim Crow" law and inferior school equip- the places where the heroic deeds took place for "Which they ment and service. were cited and given the distinguished medrt.l for bravery and I have here an editorial from the Chattanooga Times con- for being good, true soldiers for this country. Many of these demning lynching and calling upon Congress to enact a law that are taken directly from the War Department records. Take the will punish those who are guilty of it, dated January 28, 1921. great .war that occurred between the States, and I do not be· I haYe here the Dallas 1\forning News, containing the same lieve there is. a single man here from any of the States who thing, and the Independent, of Elizabeth City, N. C., in which will rise and say that the Negroes did not conduct themselves it says, "Write me down as strong for this bill," and says properly · when the white men were at the front. Since the that "I would not pre ente FeiJruar:v 2G: Rayville, La., Jim Lewis, Jim Jones, and Will Powell. Lynclling t·eooJ·d tor 1919-Contiuu('d. two hanged antl one shot to death; accused of stealing hogs. In the fray one white m'ln and one Negro were killed. February 20 : Willacoochee, Ga., Ed. Dansy, shot; he had killed two Name. Date. Plaee. !\lannrr oflynching. ·white officers and wounded three others. March 16: Monroe, La .. George McNeel and John Richards, hanged: alleged attack upon a white woman. Jay Lynch (white)...... May 28 Lamar, Mo ...... Hanf,~~· March 22: Crawfordsville, Ga., Spencer Evans, hanged; convicted ...... do .... Mineral Wells, Mls:t ... / of criminal assault upon a colored woman at the February term of Berry Washington ...... May 30 Milan, Ga ...... Do. court and sentenced to be hanged, but a mob took him from jail and James E. Lewis ...... June 6 Prichard, Ala ...... hot. 1 lynched him. · ... • MaxSmith...... June 7 Abbeville, . C ....•... March 26: Lewiston, N. C., Peter Bazemore; alleged attack upon a Clyde Ellison ...... June 15 Star City, Ark ...... Hanged. white woman. Jin McMillan...... June 18 Woodstock, Ala ...... Shot. April 4: Collinsville, Ill., Robert P. Praeger, hanged (white) ; ac Fra~k Foukal (white)...... June 22 Bar Minette, Ala .•... Do. cused of making disloyal remarks. 1 ohn Hartfield...... J tme 26 Ellisville, !fiss ...... Burned. April 20 : P.oplarville, Miss., Claud Singleton, hanged ; accused of Lije Blake ...... do ... . Tillman, S. C ...... Shot. murdering. a white man. He had been sentenced to life impri-son- Richton, Miss'...... ment. · i::effiileiwait.ers~:::::::::::: ~::: ~ Longview Tex ...... Banfi~~· April 22: Lexington, Tenn., Berry Noyes, hanged; murder of Sheriff Robert Truett (soldier).. . . . July 15 Louise, Miss1 ...... W. E . .McBride. ChiltonJennings ...... July 24 Gilmer, Tex ...... Do. April 22 : l\Ionroe, La., Clyde Williams, hanged ; shooting C. L. Argie M. Robinson...... Aug. 1 Clarke County, Ala .. . Thomas, 1\IisRouri-Pacific station agent at Fawndale. Charles Kelly (soldier)...... Aug. Fayette County, Ga .. . , hot. May 17 : Valdosta, Ga., Will Head, Will Thompson, Hayes Turner, Cochran, Oa ...... Hanged. Mary Turner, Sydney Johnson, Eugene Rice, Chime Riley, Simon 1im ·ai-ani (soidier)·.·.:::::::: !~f: 1! Pope City, Ga ...... Schuman, and three unidentified Negroes, banged ; alleged complicity Walter Eliot...... Aug. 20 Louisburg, N. C...... Shot. in the murder of ilampton Smith. Eli Cooper...... Aug. 28 Ocmulgee, Ga ...... Shot; burned after May 20: Erwin, Tenn., Thomas Devert, shot and burned; alleged : 1922. CO.t GRESSIOj_:rAL RECORD-HOUSE. 791 Altercation with wnitc mlln ______1 Summary by .States. Beating and robbi.n.g white man ______1 Founu under bed in white man's house ______1 6 Not turning out of road for white boy in auto ______1 i:.~~~~~----=------~--~~---_-_:-_~--~~~~-:.~~~-=--=-~~~~~---=-~-=--=-=-=-~~~~~~== 1 J\Ii leading mob ------ 1 3 Insulting white maD------1 ?x-~5~in~~:::::::::~~:::=~~:~~~:~~=--:~~~~~~~::~=~~~!~~==- lo Roastful remarks re killing of sheriff ______1 Georgia ------·------ 8 1 Kansas------1 TalkingResult of of race Chicago riot------rioL ______1 1 3 l~xpres ing himself too freely re lynching of ~egro ______1 1 7 LeaderCirculating among incendiary Xeg-roes--- literature------______1 1 ~ontana~lf:1!!fr~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~::: ______(white) __ Member of !\onpartisan League ______1 1 NorthCarolina __ 2 AbettingTrouble betweenriot ______white and colored______cotton-mill workers______1 ~------ 4 OklahomaOhio (on steamer ______plying between Duluth, 1\Iinn., and Toledo, (1 wbite) Ohio)_ __ 1 3 R Cau~es unknown------:------13outh Carolina------ 1 Tennessee------~------1 Total - ---~------83 10 LTXCHI::';G-1920. 1 w~~~~:~.;-~i====~~~~~~~~~~~~~~~~~~~~~~~~~~=~~~~~~~== 1 The nurnlJer· of lynchings of the year 1920 is 6:3. However, Total ______thi figure does not include the victims of the election-day 65 trouble at Ocoee, Fla. Though the press reported only 6 Negroes Manner of 1ynclling. killed, white residents of the \icinity ay that from 30 to 50 Hanged------ 31 Sbot ------ 15 wer killed. Burned------8 Of the 6:J \ictims mentioned abo\e, were white men and FloggedDrowned to------death ______. 2 1 1 was a woman. Manner tmknown------8 Were it ·not for the Ocoee, Fla., incident on election day, it Total ______65 c·ould be £aid that lynchings bad ilecreased in number. But not only ha\e they not decreased in number, but the brutality of Alleged offenses. Murder------24 the lynchings is still marked. Eight of the victims, besides Assault on white woman (murderous>------~ those burned at Ococ~, Fla., met death by burning. One of Attack on white woman------ Insulting white woman______1 3 these was a white man, at Billing , :Mont., who resisted arrest. .Attempted attack on white woman______1 Another, because he threatened toO kill a \\hite man, was flogged Attack on white bOY------1 to rleRth by a mob of 40 men. 13ta.bbing white man ------~ Lynching 1·ecora tor 1920. ~~i~:~gwf~t~~hiielnan======:======~===~=== 1 Aiding escape of murderers------2 J"umping labor contracL------·------1 ~ame. Date. Place. !Manner of lynching. Negro labor troubles (in riot)------1 Election day disturbance------6 Insanity (in attempt at arrest)------1 Jack Waters...... Jan. 15 "Florala, Ala...... Hanged. Connection with moonshine stilL______1 Cornelius Alexander ...... Mar. 4 Pike City, Ga ...... Offense unknown ______:------~ Wilbur Smith ...... Mar. 11 Lc Grande, Ala ...... Shot. Grant Smlth. ··-··· ··-·-···· Mar. 29 Millersburg, Ky...... Hanged. Total------65 George Robertson ...... Apr. 1 Laurens, S.C...... Do. Albert En1ns ...... Apr. 1() Mulberry, Kans...... Do. In the last general election the people expres ed their wishes Charles Arline...... May 8 Woodville, Tex...... Flogged to death. in this regard .also. They indorsed the action of the Repub M. Scott ...... ·-··· "May () Lakeland, Fla ...... Shot. lican Party at its la t national convention, when in its plat Elias Clayton...... June 15 Duluth, :llinn...... Hanged. form it said: · bJ!~;}~~il~~:::::~:::::: :::~~::::: ::::~~~:: :::::::::::::: ~~: 1\e urge Congress to consider the most effective means to end lync~ Philip Gaithers...... Ttme 21 Rinco, Ga ...... ,. Shot. ing in this country, which continues to be a terrible blot on our Ameri Washington Giles...... June 30 Damon Mound, Tex . . Do. can civilization. Ezra Giles ...... do ...... do...... Do. Jodie Gordon ...... do ...... do...... Hanged. I include other evidence of the same desire of the people that Elijah Anderson ...... do ...... do ...... ··:...... Do. Congress take action upon this subject. They are a-s follow·: James Spencer...... July 5 Ent.erpnse, Miss. . . . • . Do. AliiERICAN FEDERATION OF LABOR, HermanArthur...... July 6 Pans, Tex ...... Burned. Washington, D. C., Jflly 7, 1919. do ...... ~·... Irving Arthur ...... do ...... Do. HOD. LEONIDAS C. DYER, Ed Roach ...... July 7 Roxboro, N.C ...... Hanged. Fred Canafex...... July 7 Centerville, Mo...... Shot. House Office B1tilding, 1Vaslli11gton, D. C. Milton Harris ...... July U Steamer Duluth-To- Drowned. Sm: Permit me to bring to your attention the following resolution ledo. adopted by the thirty-ninth annual convention of the American Fed William Bennett (white).... July 25 FayetteYille, W.Va... Hanged. eration of Labor, expressive of the sentiments of the organized-labor dlls Spinks ..... ·-·········· July 29 Dothan, Ala ...... Shot. movement of A-merica in opposition to mob rule and lynching : J. Jennings...... do ... -...... do ...... ' IX>. "Whereas President Woodrow Wilson issued from the capital city of Lije Daniels...... Aug. 2 Center, Tex...... Hanged. our Nation .on ;ruly 26, 1918, a personal statement addressed to his John Jeffress ...... Aug. 26 Graham, N.C ...... ohot. fellow countrymen, defining mob-spirit action, called upon the Leslie Allen ...... Aug. 27 Yirgiliana, Va...... Do. Nation to ·sbow the world that while it fights for democracy on Tom Owens (white) ...... Aug. 28 Tulsa, Okla._ ... -...... Hanged. foreign fields it is not desh·oying democracy at home ; and Chmde Chandler...... Aug . .29 Oklahoma C1ty...... Do. "Whereas, while tbe President referred not alone to mob action Blutcher Higgins ...... A.ug. 28 Corinth, :lliss...... Do. against those suspected of being enemy aliens or enemy sympa Dan Callicut ...... do ...... do .... ·······-···· Do. thizers~ he denounced most emphatically mob action of all sorts, Alto Windham (white)..... ept. 1.3 Hartford, Ala...... Do. especially lynchings ; and ' WilfEchols ...... do ..... Quitman, lliss ...... Shot. " Whereas in all wars where <>ur country and its inte1·ests were at Oscar Beasley...... Sept. 16 Angleton, Tex ...... Range:!. stake the colored race, with their white brothers, fought, shed Ray Field...... Oct. 4 McClenny, Fla ...... their blood, and died in defense of Old Glory, and over there gav.e Ben Grrens ...... do ...... do ...... their all that others may live in peace and hallPine:ss ev.er after ; and SamDUilCaD...... -...... do ..... -- ... do ...... " Whereas lynching, cowardly and unjust, is also a blow at the beart Milton Smith ...... _..... do ...... do .... _...... _. of ordered law and human justice; and Select Reid...... Oct. 14 Green>ille, Ala...... Shot. " Whereas the colored people, their workers, their bread winners_.. July Perry 1 ...... Nov. 2 Ocoee, Fla ...... Hanged. throughout the Nation look with hope and anxiety in their hearts ...... _. Nov. 6 LeonCounty,Fla .... _ Drowned. to those in the struggle for better conditions, for better homes, BenJacobs .. : ...... Nov.lO Tylertown,Miss ...... and for the good things of life, -as well as protection from mob Dave Hunt ...... Nov. 14 Kent Junction, Tenn .. Hanged. rule and for a surging popular opinion behind them that will not Shot. tolerate a laxity in upholding the laws of o.ur 1and; and Do. •• Whereas the hope of civilization is in democracy ; the hope of democ =-~~.~-~:~~:::::::::: :~E::~: :~~~Es~:~::::::::::: Do. racy is in justice ; the <>nly hope of justice is in the tribunals, Harry Jacobs ...... Nov. 23 Tyler;town, Miss ...... HaDfj~· Curley Mc~elvey...... Nov. 24 De_W1tt, Ga ...... through which justice can be secured; and the only hope .of the J. B. Hams ...... Nov. 29 Prmceton;, Fla ...... Do. functioning of tbese tribunals is in the sentiment which demandS ...... Nov. 30 Thomasville, Ga ...... that they within their departments shall be supreme and that .. _...... De «Resolved, That we, the representatives of the thirty-ninth annual only re ult f1·om congestion of legislative work-not because a rna-· convention of the American Federation of Labor, go on record as in jority or House and Senate could fail to favor any· sober and propet· dorsing the above as our sentiments in opposition to mob rule and effort at reducing mob violence throughout the country. lynchings : And be it further It is certain, of course, that public opinion must be the means by "Resok•ed·, That copies of the same be sent to our Rept·esentatives in which lynching will be finally eradicated. Laws, however stringent, Congress and the United States Senate and Speakers of both Houses, can not be counted upon to curb passions flaming to white heat. It is not and to the press and to the President of our Nation, Ron. Woodrow expect~d thg_t the Dyer measure will accomplish the plainly impossible. Wilson." What It seek to do and should achieve is tl}e quickening of individual I have the honor to remain, and public sense of responsibility under such circumstances as threaten Respectfully, yours, the setting aside of law by mob uprisings. SA!\I GO.MPERS. Of the variou8 phases of the proposed law that which penalizes Pres·ident Americar~ Federation of Labor. cowardly officials and the provision that the county in which a lynching occurs shall pay an indemnity to the heirs of the victim seem calcu late~ THE BOARD OF HOME MISSIONS AND CHURCH ExTE~SION to prove most effective in good results. Lynchings succe sfully OF THE METHODIST EPISCOPAL CHURCH, earned out could be prevented in a majority of cases by prompt and firm ac1ion of the officers of the law. Where all efforts at stopping the PlliladeltJhia, Pa., N01:ember 5, 1921. mob fa1J, however, there may well be reparation insured. Knowledge Representative DYER, that the community must pay tor the wrong perpetrated within its House of Rep1·esentatit'es, Washington, D. C. borders will stir many careless minds to sober intere t in putting n. DF.AR SIR: I have been very much interested in reading your action stop to a rising spirit for eizure of law's powers by a passion-inflamed on the antilynching bill. We are all very much encouraged by ~hat populace. you are doing on this important matter. Yon may be inter~ted m a letter which came recently to our board from a representative of our The Dallas Morning r\ews, Thursday, November 3, 1921, says: denomination in a small town in Texas. I am inclosing a copy for you. I shall be very glad to help your committee in any way in the further- STATE RIGHTS A~D STATE DUTY. ance of this bill. · The ultimate form of the Dyer antilynching bill is, of course, not at Very cordially, yours, hand now, so that the objection to it, which, apparently, are largely RALPH A. FELTOX. legalistic, can not be properly weighed at this time. But assuming Educational Director. that constitutional objections can be obviated by the proper drafting of the bill. the purpose of the bill itself c:tn scarcely be considered as anything but highly commendable. Furthermore, reasonable con HUBBARD, TEX., Septembet· 7, 1921. sideration o! the hist-ory of lynchings in this countrl, whether. in the 'l'o the Board of Home Missions of tl1e Methodist Episcopal Chw·cll. North or in the South, indicates the genuine need o Federal interfer DEAR SIR: We have a membership of more than 500 who live in the ence for the enforcement in such cases of order a~ainst disorder, jury 1\Iexia oil field, who own large tracts of land, and are surrounded with trial against vengeful murder, and government agamst anarchy. oil wells and gas wells, and the white people have promised to run ~'he ·entimental cry of State rights, in so far as it is a sentimental us out and treat us like they did those Negroes in ~'Ulsa, Okla. We cry, merits little concession in the matter. States do have rights, want to know, can we get tbe church to handle our property for u~? rights which are guaranteed under the Constitution of the United Can we grant the church the power of an attorney to act for us 1n States, but ..:'tates also have duti1!s which are imposed by the same time of such great danger. These are awful qays for we poor helpless fundamental authority. When those duties are also founded upon the Negroes in the South. The other day a member o! my race wa burned sacred !Jrecepts of elemental ju tice and righteousness, they assume n. in Coledge, Tex., about 10 miles from me-burned by unmasked men. character not to lJe borne €lown b~ sentiment or technicalities. Such a children, and women- and men jabbed stick in his mouth. nose, and duty i the duty Yiolated by any :state whose agents negligently permit eye·. This act was done in the day; so if we are mobbed arid run mob murder. - out we want some one to see after our property. The moral rigllt of the State to enforce its own criminal law i co extensive with its moral duty to enforce them. The legal right is in much the same position. And there is no doubt about it that by A memo1·ial to tlte Co11gress of tlte United States: propet· and vigilant fidelity to the moral and legal duty of the State The l.Joard of managers of the Freedmen's Aid Society of the Meth to enforce its criminal laws equally and justly lynching would be odist Episcopal Church hereby earnestly memorializes the Senate and largely held in check. In almost every case in a community where a the House of Representatives of the United States to pass a Federal lynching takes place there has been gross neglect either of official cau law for the suppression of lynching, we being thoroughly convinced tion ot· of official courage in the enforcement of law. The State duty that this brutality can not be hindered by State legislation, and as has been neglected to the point where the Federal duty is invoked. thoroughly convinced that it can be stopped by Federal legislation a.nd '.rranslated into terms of legislation in accord 'with our form of gov the holding o! each locality in which lynching occurs to a commumty ernment under the Constitution. tWs principle is unassailable. The I'esponsibility for the doings Of its anonymOUS citi~ens.. W~ further nece · ity of its application is increasingly evident. Segregation and believe that to-day is the day of days for such legislatiOn, masmuch intelligent handling of race questions are palliatives not to be dis as the Negro race, which bas been the most ~requent object. of .lynch pensed with. but the strong arm of an inexorable and detached justice ing. bas made a record f(\r bravery and effic1ency and patriOtism on quick!~· and VIgorously brought into action is the only means of eradi the battle field and at home, so as· to make their conduct a righteous cating thi disgrace to American institutions. State rights can be ever demand that the rights belonging to an American citizen shall be ac- so attractive a theme for loyalty or discourse, but it can not be a cloak corded them in full measure. . for barbari&m. If we must choose between State rights and mob vio This memorial was unanimously adopted by the board of manage~s lence as again t Federal action and order, we can not as patriotic citi of the Freedmen's Aid Society at its annual meeting January 14, 1919. zens hesitate for an instant. The law must and will prevail. As long FREDERICK D. LEETE, as State law is competent and effective, then let us have it. But Fi1-st Vice President. when Federal law is the logical and only resort, then we must call on that .. :t:or without law there can be no freedom, no Government, no The Freedmen's Aid Society of the Methodist Episcopal Amenca. Church was organized in 1866. Its purpose is the Christian The Independent, Elizabeth City, N. C., say : education of the Negro. It has a theological seminary at At lanta, Ga., for the training of colored ministers ; a medical col A BILL THAT SHOULD BE LAW. leO'e at Nashville, Tenn., ·where 500 young men and a few young Elsewhere in the Independent tWs week I am publishing the Dyer antilynching bill recently introduced in the Congress of the ni'ted w~men are being trained as physicians, pharmacists, dentists, States. Our own Congressman, H. S. W ABD, says that readers of this and nurses; and in addition it has 18 other institutions for the new··paper "will no doubt regard it as the most astounding news that training of teachers, industrial and other Christian leaders for ever came out o! Washington that this thing has been favorably re ported by the committee of the House." servi12e among the Negro people. The e center of Christian I have read the Dyer bill through and through and, like Mr. WAnD, education are open to the people of all denominations or no I am astounded that such a bill has been favorably reported. I am astounded because it is such a good bill. Mr. WARD, instead of show denomination. ing indignation over this antilynching bill, would play the better part In the 52 vears of its work it has sent ft·om tl:).ese schools by getting squarely behind it. If the Dyer bill is a slap ·at the South, ministers, physicians, teachers, and industrial leaders number it is because the South deserves to be slapped. We might as well be ing over 200,000. This service has cost more tllan $10,000,000. honest about it and confess that the South has failed uttet·ly in dealing with the lynching problem, and it is squarely up to the Federal Govern To-day it has 20 schools, 334 teachers, and 5,702 students. The ment to step in and put an end to infamies which our own officials gen annual budget amounts to over half a million dollars. et·ally haven't the moral fiber and courage to effectually oppose. 'The The Chattanooga ('renn.) Times, January 28, 1921, says: Dyer bill bas teeth in it. It will put an end to lynching. if it. i. • pos sible to put an end to lynching, and mob rule by law. It will put an There will be those who, while objecting to Federal interference in end to lynching, because it will make every county pay a. fixed price purely State affairs, will not be long in concluding that there may be a for every lynching within its borders, and make every officet· of the law Federal issue in the preservation of the civilization of the Republic. who fails to do his duty a. felon subject to not less than five yeat·s '.fhe most ardent State righter will hardly dispute the statement that imprisonment in a Federal prison. It puts the Federal Government at burning human beings at the stake is barbarous, inhuman. savage, and the elbow of every sheriff, ronstable, and policeman iu the land in un-American. The Federal Government may without offense declare dealing with a mob. As it is now, the_sheriff confronted by a mob is that such practices are repugnant to tbe spirit and soul of the Repub persuaded that he is accountable only to the mob. The mob is to lic and that those who indulge in them ure outlaws and enemies of. him the State. The mob put him in office, and the mob will not puni h their country and its institutions. Treason is a national offense, and him if he delivers up the prisoner. The mob will punish him if he 0 rna~· burning human creatures at the stake come to be a crime such doesn't. The sheriff feels himself accountable only to the mob. Write as treason. Lynch law run mad, as carried out by this insensate and me down as strong for the Dyer bill. I wouldn't draw .a ingle one of inhuman mob, is a. direct and flagitious assault upon th~ civiliz~;ttion of its ferocious teeth. t~ American people and a wanton and unpardonable cnme agamst the moral and spiritual sense of the Nation. 'l'he Nation, therefore, may The Greensboro (N.C.) Daily News, Decembet· 10, 1921, says: decide that it may, without violating the rights of any State, take The Congress is preparing to discuss a biJl designed to prevent lynch <'O"'nizance of this pagan savagery and provide a penaltr for it so dras ing bv punishing the lyncher . Plainly, it is another invasion of State's tic"' and se\•ere as to render it exceedingly dangerous for future mobs rights by the Federal Government; lmt the Federal Government is to indulge in it. justified in this 1nstance, because none of the States ha made an honest Tbe Times, -St. Louis, l\1o., October 22, 1921, says: etrort to prevent lynchings by making examples of tho e who indulge in THE DYER A'KTILYNCHING BtLL. thFn. the South lynchings are numerous and frequent. Georgia: South The approval by the House Judiciary Committee of the Dyer antl Carolina. and Mississippi combiued furnish more than one lynching a lynching bill promises early report of the measure. It c.an scarcely be week. We doubt if there is any records to show t~at a lyncher bas douutE>d that the bill will become a law. Its defeat, supposedly, could ever felt the firm band of the law. 1922. CONGRESSIONAL RECORD-HOUSE. 793 Under the circumstances, with lynchings increasing instead of de c re~s the law and in the matter of lynchings many of the Southern States ing, the Federal Government was bound ~o ta~e a hanu and. use diS· have failed hiqeously. It is time for the Government to step in and ciplinary measul"es. Whether the Dyer btU will prove:: effectiye as a put an end to a situation which menaces the white race as much as damper on the lynching spirit remains to be seen, but It certamly can it does the colored. - do· no harm. · Of course the proper thing to do would be allow the States to control The Xew York r.rribune, Friday, December 16, 1921, Sl}YS: their mobs. '. But the States have shown no inclination in that direction. At the present time a crime is committed; a mob fo~ms .and c~ptur~s the A CURE FOR LYKCHI.' G. man who may or may not have committed the cnme. He IS, ~without Feden1l action to stop lynchings may be undertaken under the pro further ceremony, strung up to a tr~e and shot full of ~oles O""f tied to a visions of the fourteenth amendment to the Constitution. In a let stump and burned to death. That 1s the way the law IS crucified. The ter addressed to Chairman VOLSTEAD, of the House Judiciary Committee, solicitor always announces an investigation will. be UJ"!.der~aken .. Per Attorney General Daugherty quotes the following from the Supreme haps it is undertaken, but did you ever see these mvestigations produce Court's opinion iu tile famous Ci vil Rights cases: anything? "Many wrongs may be obnoxious to the prohibitions of the fourteenth The New Yoek Times, Friday, December 16, 1921, says : amendment which are not, in any just sense, incidents or elements of slavery. Such, for example, would be the taking of private property A BILL AGAINST LYNCH! ' G. without due process of law or allowing 11 ersons who have committed The House of Representatives was . to. have . bE!gu_n . consid e rin~ certain crimes (horse stealing. for example) to be seized and hanged b;y yesterday a bill to " assure to persons withm the JUr~sdiction o~ e\ery lhe posse comitatus without regular trial." State the equal protection of the laws, and to pumsh the cnme of The Attorney General was giving his views on the Dyer antilynching lynching." It is drawn on a simple theory. If a State. or a govern bill. Since the fourteenth amendment forbids any State to deny to mental subdivision of it fails oL· refuses to protect the life of per ·ons any pt>rson within its jurisdiction the equal protection of the laws, 1\!r. "against a mob or riotous assemblage," it may be deemed to have Daugherty also holds that it is competent for Congress to pass legisla denied the equal protection of the laws guaranteed by the Federal tion penalizing failure to give such protection. Constitution, and Congress may therefore provide penalties. ?-'hese No State can well complain if Congress takes a band in ending the are as proposed by the bill, to make it a felony for a local offi_c1al to lynching evil. Our for·eigu relations have been troubled many times by refuse to "make all reasonable efforts" to peL·form his duty m pre the lawless banging of other nationals. The Federal Government is venting a lynchin"' · to make it a felony to participate in "any mob or bound u·nder treaties to give equal protection to citizens an_lJ aliens. riotous assemblag'e 'by which a person is put to death"; and to make ret it has no hold on the States through whose negligence aliens are each county in which anyone is lynched liable in the amount of lynched, and puni<;bment for such cdme is not exacted. It is likewise $10 000 to 'be paid to that person's family, or, if he has none, "for the an affront to the Constitution that citizens of the United States are not use' of the United States." This last provision is a~L·eady in force in protected by the States in their personal rights. Since 1889 there have one or more States. It was recommended for Georgia by Gov. Dorsey been 3.432 known lynchings in this country. f'ince January 1, 1921, at the Atlanta conference of last April. · . . there have been 60 known Jync:tings. It is a record of shame for a It· is high time that by this bill or some.other, and ~Y Sta~e leg~slatwn civilized nation. as well a strong effort were made to -stnke at a cryrng eVIl which has The Dyer bill. as amended by the House Judiciary Committee, im been too long a national reproach. Pre~ident R?osevel~ J?lade a pow~r poses penalties for participation in any dotous assemblage "for the ful protest against lynching, and President W1lson VIVIdly set. forth purpose of depriving any per on of his life without authority of law." the harm which the barbaric practice was doing to the reputati~n or It provides penalties for neglect or failure on the part of State officials the United States. .There is 1!0 doubt of the senti~ents o:C Presid~nt to protect pen'lons, prisoners, or others from mob violence. It al!':o IIaL·ding on this subJect. Foreign observers have agam been expr~SSIJ?.g assesse · fines of $10.000 against counties in which lynchings occur. If wonder that a Nation so ready to cry out upon lawless cruelties ID communities are made to pay for tolerating lynchings, lynchings will other lands should be so apparently lethargic about those within its stop. If officials can be imprisoned for not doing their best to dis own borders. Congress is at least trying to find and apply a remedy. courage mob violence, local sentiment will turn against such outbreaks The New York Tribune, Wednesday, December 21, 1921, says: of hysteria. The Dyer bill is drastic. But a drastic remedy is needed for tile loathsome lynching disease. THE LYNCHI~G STIGMA. The House has decided to vote on the Dyer antilynching bill_ iJ?-1- The ,'an Antonio Express of l\1onday, December 12, 1921, says: mediately after the Christmas recess. The roll call on the rule limit ing debate showed an inconsi~erable opposition, most of i~ from Repre 1-'HE RIGHT LINE OF WORRY ATIOGT THE CONSTI1'UTION. sentatives who look on the bill as a challenge to State nghts .• On the constitutional side the power of the "Federal _Government to It is too much to hope that the Republicans of the House Rules Com intervene is pretty clearly established. The opposition will dwell more mittee spent Sunday in solemn contemplation of the Dyer antilynching on the expediency of intervening and thus tilting the balance further bill's ·· menace" to the United States Constitution. They have, so to against local self-rule. Yet on the practical side the argument for SQeak, already burned the Constitution's bridges behind it and left it the measure is strongest. · quite open, quite vulnerable, to attack and destruction by this measure Our system leaves an awkward gap between the Government's power of the gentleman from Missouri ! Indeed, the committee majority in to make treaties and to enforce them. We are thus often put in a effect has refused to look UJM)n the bill through the spectacles of Repre false position before the world. 'l'he Federal authority by treaty prom sentati"l""e Sumners of the fifth 'l'exas district; has refused to 1·egard ises· alien residents the equal protection of our laws. · But when an it as such a menace; and has voted to give it privileged status on the alien is lynched and the State fait;; to bring the lynchers to justice the Honse calenda1·. This, over :Mr. Sumners's spoken protest, as follGws: Federal Government can not step in. All it can do is to apologize for "There is not a lawyer on earth who can defend it {the bill) on con its own powerlessness and to offer money reparation. stitutional grounds. It gives Washington the right to dictate to States For many years a way has been sought to relieve the Government of how thev shrrll exercise police powers. There never was a proposition this embarrassment. It asks of other countries more than it is able to like it, el-en in reconstruction days. It permits the Federal Government give in return. Any pressure which it may be able to put on the States to lav coercive bands on States. and establishes a precedent of sweeping to stop mob violence will help it to regaln its· own self-respect. Con encroachment on State's rights." • gress a part of the Federal power, is bound to take Federal interests So per the committee's vote, this measure which provides sharp into 'consideration in the matter of penalizing communities within a toothed prison penalties and fines for lynchers, and fines for officers who State which tolerates lynchings. negligently fail or wilfully refuse to prevent lynchings and other mob Even apart from the international aspect lynching is a disgrace too violence. will be takt>n up earnestly in a few days-at last. long endured. It is the negation of law and civilized methods of jus A .Federal antilynching law has been talked about for years. There tice. It influences savage passions. It lowers the morale of a com have been. almost as many notable distinct sessions of talk and public munity. Since State authority has failed to suppress this evil, and Fed resolutions about it as there have been lynchings since men began to eral intervention is perfectly legitimate, it is only common sense for keep record. of the latter 36 years ago. National conferences embracing Congress to take a band in making lynching more hazardou · and ex some of the most famous men and women in the Union repeatedly have pensive for those who countenance it or take part in it. memorialized Congress to enact such a statute. These were conferences of both Southern and Northern leaders in education, religion, business, The Saturday evening St. Louis Star of December 24, 1921, and government. Great Southern newspapers have been publishing their· said: approval of the Dyer bill ever since it was introduced first in the Sixty THE ANTILYNCHING BIL.L. fifth Congress_ It is difficult to follow the reasoning of Representative GARRETT of Not one-and the latest-but several Republican national platforms Tennesse in his strictures on the Dyer antilynching bill, which pro have called for congressional action against lynch-murder. President Hardin~~: , by word of mouth on April 12, told Congres · that vides for trials in mob cases before Federal courts and for penalties it "ought to wipe the stain of barbaric lynching from the banners of a on communities where the outrages take place. When you place the free and orderly representative de!Jlocracy." idea in the heads of a few Negroes, says 1\!r. GARRETT, that somehow, On July 26, 1918, President Wilson put forth the most remarkable, some way, they will be less subjected to punishment for crimes against ringing denunciation of and appeal against lynching, tba t history women if the-Government takes a hand you are but inviting an increase records. of such crimes. · In the lynching States, all these arrays of spoken and written ap 1\!r. GARRETT would obviously like to make it appear that all Negroes peals to the spirit of cbrilization and Americamsm, to lawful govern lynched in the South are murdered by mobs for crimes against women. ment and order-and to that constitutionalism which worries the Con That is not t:rue. The records show that Negroes have been swung gressman from the Dallas district-have encountered but eyes closed from trees and shot full of lead or burned at the stake for shooting at against them. minds fast shut against them, ears deaf to them. officers, killing white men in drunken rows, for crimes, in short, .for Pass the Dver bill-and enforce it to the limit, with all the power which a white man gets a few years in the. penitentiary at the most. of the rnitt> d ·states Department of Justice: Just how does it increase crime to have mob trials conducted in the It will need no less an enforcement. Press and _pubJic comment; Federal courts rather than in the circuit courts? We wish to be fair conventional resolutions, however distinguished; congressional debate to Mr. GARRETT but he, unconsciously no doubt, seems to be seeking on the D:rer bill; e>en the fact that the measure is on the statute books- immunity for lynching mobs, for immunity is what a trial in a southern all these· will not suffice. · circuit court means in these cases. How many convictions have !'e Take note: Since the latest introduction of the Dyer bill-April 11, sulted from the hundreds of lynchings in the cotton belt in the past last-38 lvnchings, including two burnings at the stake and four burn few years, even in cases where innocent Negroes were involved? ings of bodies after lynching, have been perpetrated in the United States, Circuit judges are elected every two or four or six yeurs and a mob as follows: Georgia 10, Mississippi 7, South Carolina 5, Louisiana 4, conviction would be political suicide in most sections of the South. A Arkansas and Texas 3 each. Federal judge's job is fot life and the possibility is good that he will Representative SuMNERS neither worries enough about constitu render justice without fear of reprisal. tionality, in this business, nor worries along the right line. Does Mr. GARRETT feel that Negroes will be more impelled to crime Let him worry about these : by a consideration of the fact that a mob that lynches them will be " In all criminal prosecutions t11e accused shall have a speedy public punished while a jury which hangs them will not? That is strange trial by an impartial jury. He shall have the right to demand the reusoning, but it is the most charitable interpretation that can be placed nature and cause of the action against hlm. * * * He shall have the <>n Mr. GARRETT's remarks. The Star believes in keeping the pollee right of being heard by himself or cou.nsel or botb ; shall be confronted powers of a State inviolate except whe1·e the. State bas failed to uphold with the witnesses against him. • • • ., .794 CONGR.ESSIONAL R.ECORD-HOUSE. JANUARY 4,. " • • * cruel or unusual punishment ~shall not) be intlicted. " The right of trial by jury shall remain mviolate. The New York E>ening Post of December 2~. 1921, say : " No citizen of this State hall be deprived of life, liberty, prop-erty, THE A.."\TILY~CHING LA.W. privileges or immunities * * * except by the due course of the law It will b~ for .the upreme Court to decide whether the proposed of the land. Federal anhlynchmg law, of the enactment of which the con~rres ional "No power of suspending laws in thL<; State shall be exercised except lead.ers are c~nfident, is v~lid .under the Constitution. Chairman by the legislature. M~~ELL ~dm1ts ~at o~ th1s pomt there is room for a difference of Mr. SUMNERS is worrying about the Federal Constitution and de o~mion. So there 1s a difference of opinion about many laws that break nouncing a Fede1·a1 antilynching measm·e. '!Ith precedent .under the compulsion of necessity. That is what the The Express is worrying about the 'l'e:x:as constitution-the other is Supreme Court IS for. There are those who felt Just as stron"'lY about in no danger from the Dyer bill-and bas just quoted the outstanding the unconstitutionality of prohibition as they do about the \rnchin..,. mandates o:! its bill of rights. law, but the court has made its decision. "' In the great charters of Texas and the other lynching States, these ET"en if the antilynching law should be declared inV"alid by the mandates track the guaranties of essential rights in the National Supreme Court, its mere enachnent will have gone far to ser>e its Constitution. purpC?se. . • oti!!e will have been served on States which ba>e been There is no " State rights "-no State, nor the mob in any State is derehct m theu duty that the conscience of the Nation will not tol nsted with the right-to drag these National or State constitutional ~rate the pe~·petu~t~on of an abuse and a crime that make us a byword guaranties in the dirt. m th.e public opm1on of. mankin September 30. 1918. During an attack on Binarville he volunteered to becaus-e the legislature sees fit thus to dispose of the penalty. Such go down thr road that leads into the village to rescue a wounded s.tatutes are salutary, as their effect is to render protection to human soldier of hi company. To accomplish his mission he was compelled life and make communities law-abiding. to go under heavv machine-gun and shell fire. In total disregard of personal danger h·e brought th~ wounded man safely to our lines. (West Virginia, Laws 1921, c. 96.) Clifford Crawford, private, Headquarters Company, Three hundred . Fi.ve or more persons "assembled for the unlawful purpose of offering and seventy-second Infantry. For extraordinary heroi&m in action near v1~lence to the person or property of anyone supposed to have been Bussy Farm, France, September 28-29, 1918. He was acting as liaison gmlty of a violation of law, or for the purpose of exercising correc agent between regimental headquarters and the battalion. Having car t~onal powers or regul.ative powers over any person or persons by ried a message through a heavy bombardment to the commander of a violence, and without lawful authority, shall be regarded and desig battalion which was about to make an attack, he joined the first wave ?ate<;I as a .'mob ' or ' riotous as~emblage.' " Every person participat of the attack nnd dashed into the enemy's trenches. Seeing two of the lll!? m a riOtous assemblage which puts another person to death is enemy rush to n du~out, be followed them and brought 10 pri oners guilty of murder. Persons participating in mobs intending to inflict from the dugout, killing 2 who tried to escape. damage to person or property of persons charged with crime are subject George Gross, private, Company D, Three hundred and seventy-. econd to fine of from $100 to $1,000 and imprisonment from 30 days to 12 Infantry. For extraordinary heroism in action near Sechault, France, months,. Members of mobs actually inflicting such damage are liable September 29, 1918. Although he had been badly gassed, he kept his to pemtentiary sentence of from 1 to 10 years. The injured person machine gun in action until he fell beside his gun. . has a right _of action against the city or county fot· damages to the Samuel H. Johns, private, Company L, Three hundred and seventy amoun.t of $o,OOO. Where a person has been killed, his personal repre second Infantry. For extraordinary heroism in action near Bussy Farm, sentative may recover $5,000 from the county, action to be brought in France, September 28 1918. After several other rnnnerA had been a. State court, and if the amount is not paid a tax may be levied against killed or wounded he volunteered to carry a message over fields swept by the county for its collection. The county may recover on the official heavy machine-gun fire and artillery bombardment. .He succeeded in bond of any officer responsible for protection of the injured person, if delivering the messa"'e, but was severely wounded wh1le on. the return gui.l ty of negligence. trip. Clarence R. \an Allen. private, Company L, Three hundred nnd Now, specially as to our authority to legislate as provided l'eventv-Aecond Infantry. For extraordinary heroism in action near in thu bill, the fourteenth amendment to the Constitution Bus,y · Farm, France, · eptember 28, 1918. This soldier, unassi ted, ru bed an enemy machine gun, putting it out of action and capturing imposes this duty upon Congress: That amendment provides three pri ·oners. that no State "shall deny to any person within its jurisdiction Colored soldiers fought with especial uistinction in Fmnce in the equal protection of the laws," and further provides that the Forest of Argonne, at Chateau-Thierry, in Belleau Wood, St. "the Congre. s shall have power to enforce, by appropriate legis l\fihiel district, Champagne sector, Metz, Vosges, and so forth. lation, the pro1isions of this article." It is well settled by deci winning praise from French and American commanders. Col sions of the Supreme Court of the United States that the denial ored troop.· were nearest the Rlline "\\hen the armistice was forbidden is not alone a denial by positive legislation but that ignf' In another case the . a me roHrt said: It is. not agreea.ble to refl.ect that lynching,· as the Chinese minister has pomtedly remmded us, IS pecuharly an American custom. It does .\.n actual diRcrimination again t a Negro, on account of his race, by not, and could not, exist under any other Government in the world officers intru. ted ,..-itb the duty of carrying out the law is as potential having any pretensions to be called civilized. Not in Spain, Russia, or in creating a denial of equality of rights as a discrimination made by even .Torkey, are men and women burned at the stake by mobs, with Jaw. or Without charges of cTime. Tbe American States enjoy a complete Hon. ~1orefielU torey, a distinguislled lawyer of Bo ton, monopoly of this distinction. The \Veight of public sentiment in every: State undoubtedly jg against it. The better element of the people ill 1\Ins . ., writing concerning this bill, says: every State woull.i prevent it. But for one reason or another the States I think that it .-bou}(l be supported under the fifth amendment to the do not· prevent it, and it bas generally been suppo ed that the Fed· Con ·titution of the United States as well as under the fourteenth. eral G~vernment .has no power to interfere. The fifth amendment provides that no person shall be deprived of life, ~ bill some time ago was introduced in each llouse of Oongress liberty, or property \vithout due process of law, and this applies to designed to afford to citizens Federal protection against lynchinf in everyone within the jurisdiction of the United States. It is a shield default ~f protection by the States (57th Cong., 1 t sess., S. 1 17; which the Constitution throws over every person, citizen or not, H. R. 4o72). ~n. substance it .provides, in section 1, that the putting within our jurisdiction, and I can not doubt that Congress has the to d.eath of a Clti~~n of the Umted States by a mob in default of pro power to enforce this provision like every other provision of the Con tect.IOn of such. ~tizen by the State or its officers shall be deemed a .-titution. Nothing can be more fundamental than the rights ·thus pro denial t_o th~ Citizen by the State of the equal protection of the laws tected which are declared by the Declaration,. of Independence to be ~nd a v.wla.tion of the peace of, and offense against, the United States; inalienable, and which in great part our Government was formed to m sectwn . 2, that every person participating in such mob shall be maintain. deemed guilty of mmder and subject to prosecution therefor in the nder the fourteenth amendment and the deci ions there is un Federal courts; in section 3, that the county in which a lynching occnrs questionably a citizenship of the United States. That amendment pro shall be subject to a pecuniary forfeiture, to be recovered by action vides that the persons therein described shall be citizens of the United ~rosecuted by and in the name of the United States; in section 4, that States and of the State in which they reside, but their citizenship of ;->tate peace officers who omit all reasonable efforts to prevent a lynch· the United States is placed first. The United States demands of them mg, and prosecuting officers who omit all reasonable efforts to bring military service, and taxes them directly in both cases without requir the offenders to justice under the laws of the State shall be deemed ing the interposition of the State "'overnment. In so doing it treats g!Jilt;;Y of an ~?ffe:nse against the United States and be'liable to prosecu them as directly responsible to the Federal Government, and the rule tion and pumshment therefor in the Federal courts · and in section 5, is general that the Government owes its protection to Hs citizens and that State. offic~rs having the custody of citizens or' the United States those who owe it allegiance. · charged With crime, who suffer them to be taken from their custody by mo~s for the pu.rpose of lynching, shall be deemed guilty of an offense Assistant Attorney General Goff gave it as his opinion in u agamst the Umted States and be liable to Federal prosecution and lengthy argument before the Committee on the Judiciary, that punishment. Section 6 provides for the exclusion fi'Om juries in such cases. of a~l persons ~hose cJ;Iaracter, conduct, or opinion'S are such as this bill was constitutional in all particulars. He cited many to d1squah!y them, 1D the Judgment of the court, for the impartial deci ions of the courts and ga-ve many good reasons for his trial of the issue. opinion. I have called attention to this in the report which I Inquiry into the constitutional ground for the exercise of such a power by the United States may begin by taking an analogous case. filed with the bill. Among other things, he said : The United. States, by international law and by treaty obligations, l\Iust the Congress of this country sit supinely by when it knows owes to foreign governments a duty of protecting their subjects resident that a State, -either affirmatively or negatively, is denying that right? wit~in the States. So. highly is this duty regarded by the law of If the State omits to give or withholds protection through motives of natwns that breach of 1t may be casus belli. Within 15 years to go indi.trerence or inability, is the guaranty performed and the duty of the back no further, the United States has several times been ca'ueu to Federal ·Government discbarged? In a word, is the fourteenth amend account for the killing of foreign subjects by mobs within tiJe States, ment meaningless because of State negativity? I hope not, and l think although the practice of the State Department has been, for pruden not. The Congress of the United States clearly is charged under the tial reasons, to disclaim any direct responsibility for these outrages. Constitution, as interpreted by the Supreme Court, with the duty of Can it be doubted that the United States. having this duty of pro seeing that the States do not neglect this right. Then, if the Congress tection, and being answerable to the world for its performance, has of the United States decides that the States have, by omission, neglect, power to perform it? There can be but one answer to this question incapacity, or local prejudice, if yon please, failed to insure and secure (see Baldwin v . Franks, 120 . S. 678, 683). Whatever preconceived to every citizen within those States the full protection of the laws notions may have been, whatever 1he1 practice of the Governmen.t may and the right to life, liberty. and property, then does not the obligation be, the powers of the United States are necessarily coextensive with arise to protect these l'ight ? its lawful obligations. Where there is a recognized duty there must be governmental power adequate to its discharge. Any other rule would The Attorney General of the United State· indorses the bill make the Government a name of reproach. and the opinion of Col. Goff. The early theory that the United States has no police powe1·, o I also submit the following opinion by tlle Hon. Albert E. called, or power to protect life or punish crimes of violence within the •tates is already superseded by judicial decision. It is now determined Pill bury, formerly attorney general of the tate of Massa by the highest authority that the United ta.tes has such power, when chusetts: a Federal right or duty is invaded or involved. This principle 'is neither new nor startling, though modern applications of it ha>e at [Reprinted in the Crisis by special permission from the llarvard Law tracted attention.. For example, it is now hP.Jd that the United , tates, Review, vol. 15, No. 9.] by the hand of its marshal, may lawfully kill one who assaults a. Fed nus the United States power to protect the lives of its citizens, or eral judge traveling through a State in the course of his duty, and the lives of resident aliens to whom it owes protectio~~- against mob that the State can not hold the marshal to account for such killing (in >iolence within the States, if the States fail to protect wem 'l re Neagle, 135 U. S., 1) ; and that the United States may puni ·h. as Probably a majority of public men and constitutional lawyers, " un for murder, one who kills a prisoner in the custody of a Federal officet• dc>r prepossession of some abstract theory of the relations between the within a State (Logan 1i. United States, 144 U. S., 263). The principle , 'tate and National Governments" as Mr. Justice Bradley once said is that the persons so assailed aPe within the peace of the nited in the Supreme Court (ex parte Siebold, 100 U. S. 371, 383), will in States ; that the United States owes them the duty of protection ; and cline to answer this question off hand in the negative. that the power of protection follows upon the duty. An off-hand answer is not enough. The progress of mob law in many The equality clause of the fourteenth amendment forbids the , tates of the States invites, if it does not compel, a serious inqUiry into the to deny to any person within their jurisdiction the equal protection of constitutional question of Federal power to put an end to it. This is the laws. '.rhis clause is judicially held to confer immunity from any not a sectional question, nor is it to be 'approached in a narrow or sec discrimination, as a Federal right. The protection which the State tional spirit. The fact that the victims of lynching are usually uf the extends to one person must be extended to all. It -does not forbid colored race does not limit the importance or the object of the inquiry. discrimination merely in the making of laws, but in the equal protec It is not a race question, but one which affects the integrity of the tion which the laws arc designed to afford. Forbidding the State to Go>ernment. Lynch law is actual and concrete anarchy ; the one deny equal protection is equivalent to requiring the State to proviclc it. complete form in which anarchism appears in our midst. Tbe United Equal protection is withheld if a State fails to provide it, and the States ~an not afford to .tolerate it within the national domain if the guaranteed immunity is infringed. The constitutional requirement may power of prevention exists. It is idle to denounce anarchism in the be violated by acts of omission no less than by acts of commission. ab tract, or to punish by special laws the killing of Presidents or other The omission of the proper officers of the State to furnish equal pro officers of Government by anarchists, in a community where there ·is no tection, in any case, is the omission of the State itself, since the tate ystem of laws adequate to protect the life of any and every person can act only by its officers. (Tenn. ·r. Davis. 100 . S., 2;)7, 266; again t mob violence. Strauder v. W. Va., 100 U. S., 303, 30G, 310 ; Va. v. Rives, 100 U. S., Tbe demoralizing eiiect of lynching upon the public moral sense is 313, 318; Ex parte Va., 100 U. S., 339, 345; United 'tates v. Harris, enough to compel attention to the 'Subject, if there were no other reason 106 U. S., G.29, 639 ; Civil Rights Cases, ~09 U. S., 3, 131 23, Ex parte for it. The practice is steadily increasing, by methods of progressive Yarbrough, 110 U. S., 651, 660 et seq.; YICk Wo v. Hopkins, 118 U. S., barbarity. When Hose was burned at the stake in Newman some 10 356, 373; Baldwin v. Franks, 120 U. S., 683 and (Harlan, J.) 700; years ago a cry of indignation went up from press and people in all In re Coy, 127 U. S., 731; Carter v. Texas, 117 U. S., 442, 447.) It parts of the country. Burning alive was comparatively a novelty, even would seem to follow that when a citizen or other person is put to in Judge Lynch's code of punishments. Since that occurrence many death by a lawless mob, in default of. the protection which the State lynchings have been perpetrated by burning, and they have excited is bound to provide for all alike, there is a denial of eqllal protection hardly a word of public comment. Such statistics as have been col by the State, in the sense of the equality clause, which Congress may lcctecl, probably not full nor entirely accurate, indicate that there were prevent or punish by legislation applying to any individuals wbo par more murders by mob violence within the States during the last year ticipMe in or contribute to it, directly or indirectly. than in any year before, and that in but about one-tenth of these cases The citizenship clause of the fourteenth amendment, by expre " decla was there even a charge of the peculiar crime to which lynching is ration, creates and confers citizenship of the United States, as a Fed sometimes considered especially appropriate. eral right, upon all who are born or naturalized within and arc . nuject A.s a legal or political question the character or degree of guilt on to its jurisdiction. Formerly, citizenship of the United States within the part of the VIctim of the mob can not enter into it. If the guiltier the States was understood to follow only from the , tate citizenship. man is lynched to-day, the less guilty man may be to-morrow, ami The fourteenth amendment directly reversed the conditions. Citiz nsbip ·1he innocent man the next day. In fact, a substantial proportion of of the United States is now the primary right and status, proceeding the victims are innocent of any offense. A. mob can not l>e trusted to directly from the Federal Government, while the Stata citizenship is determine this question, and often makes no attempt to determine it. It secondary and derivative from it. This effected a change in the rela is less revolting if the mob kills the perpetrator of a heinous crime tions between the United States and its citizens which has received than if it kills for a trivial offense .or no oifense at all. But one case little direct · judicial consideration. The power to protect the lives of involves as much danger to the political system as the other. No its citizens or subjects is .an inherent power of every Government. It civilized community can suffer Tengeance to be wreaked or penalties to w.as never doubted that the United States has this power, ns a power be visited upon any person by lawless violence. The possible col1Se· necessarily implied, and may exerci e it throughout tbe worhl outside Quences of toleratin~ such a practice do not need even to be suggested. the States. It is now judicially established, as above noted, tba t it may 1922. CONGRESSIONAL RECORD-HOUSE. 797 exercise such power within the States, for the vindication of Federal with a circus. They took a white girl into the circus grounds rights or duties. The duty of a Government to J?rotect the lives of its citizens is correlative with the power. The citizen is entitled, us of and ravished her. This Duluth, Minn., mob hung them all to a right, to claim such rrotection. If the United States can not exercise telephone pole in the middle of the city. Three at once in one this power to its ful extent within the States, it can be for no otne1~ place. And yet we are told that only one person was lynched reason than that it is reserved to the States, or to the people. In cre ating citizenship of the United States by the fourteenth amendment, in the entire North during all of the year 1921. The gentleman there is no expre s reservation of this power. The established rule of who has just taken his seat told you of a killing in: East St. constitutional construction now is that the United States has the Louis of 100 people at one time. powers commonly incidental to sovereignty, except the powers expressly denied or re~erved to the States or people, and all implied powers That is the sort of thing ·we are afraid of. We people who properly incidental to the powers gran.ted. The fourteenth amendment believe we understand the situation are convinced that you expressly authorizes Congress to enforce its provisions by appropriate men are fixing to cut the cord that holds in leash the passion legislation. Such legislation can not, indeed, extend to establishin~ a complete code of laws. It must be limited to correction of the particu of race conflict in the South and bring to the South such trage lar mischief resulting from violation or the amendment. Legislation dies as that of East St. Louis, in which almost as many people to protect citizens in their lives against mob violence, in default of such were killed in that one city in one riot as are killed in the en protection by the States, apparently goes no further than to correct the mischief resulting from the default. tire South by mobs in two years. It is now held that there is in legal contemplation a peace of the l\Ir. 1\fONDELL. ·will the gentleman yield? United States existing within and throughout the States. It seems to Mr. SUl\fl~RS of Texas. Yes. be judicially regarded as comprehending at least the existence, exer cise, and undisturbed enjoyment of the rights derived from or under Mr. l\IONDELL. Do I understand it to be the gentleman's the United ::itates. (Ex parte Siebold, 100 U. S., 371, 394; in re position that in order to keep down-- Neagle, supra· Logan v. U. S., supra.) If this can be ta.ken as established, it would seem to follow that citizens of the United States, Mr. SUMNERS of Texas. Just for a question. whatever may be said of other persons, are entitled to live in its peace Mr. MONDELL (continuing). The passions of race preju and to have it preserved for the protection of their lives. If the dice it is necessary to give them an oceasional outlet of burn United States can legislate directly for the preservation of its peace within the States, the pending bill appears to be within its powers. tugs and lynchings? If the power and duty to preserve the peace of the United States within Mr. SUMNERS of Texas. I do not. the States belong solely to the States, which it may not be wholly safe Mr. MONDELL. Then, I do not quite understand the gentle to concede, a.nd which seems to be inconsistent with principles already established, the failure of the States to preserve it is a breach of duty man's statement. .toward the United States. In this view it may be contended that the Mr. SUMNERS of Texas. Sit down and I will make you United Sta-tes has power to deal with such a breach as an offense understand it. It is a hard job, but I can do it. Here is what against itself on the part of all individuals who contribute to it, directly or indirectly. I mean. Listen to me. Look at me and let me talk to you. I The United States has, as all governments have, a political and mean this: I mean that nobody on this earth can protect the legal interest in the lives of its citizens. If it has not full power to black man who is in danger of mob violence except the people protect them in their lives within the States as it has elsewhere, it can be, as alTeady observed, only because that duty rests solely upon in the community at the very time of the danger. I mean that the States. If so, it is a duty owed to the United States as well as to if the Federal Government interposes its power, assumes respon individual citizens. It would seem that open and notorious neglect or sibility now borne entirely by the people, so that the man on the omission of this duty on the part of a State, by suffering lawless mobs to murder citizens for want of legal protection, may be declared an ground will feel it is not his duty to protect, but that the Fed offense against the United States1 and, if so, that the United States eral Government bas stepped in and will take care of the may punish all J;>ersons who .contrioute to it. situation, then you are likely to turn loose the passions of It may be srud that if the United States has power to protect the lives of its citizens within the States it must have power to protect race conflict in that community. their other personal and property rights, and so to supersede State Let me tell you something. Suppose this other thing hap laws by a system of Federal legislation, which is impossible. This pens-and you can do it under this bill-suppose that a black does not follow. There is no doubt that so far as the expres pro visions of the fourteenth amendment extend Federal legislation for its man takes a little white child and drags her off into seclusion enforcement may extend, whatever the consequences. For example, where no voice can hear and no hand can help, and rapes that if a State should omit to enact any legislatiOn for the protection of a certain class of citi.zens against crimes of violence, forbidding and child, and the father of that child and the brothers of the child punishing such crimes only when committed against the other class come up on him and kill him, and the Federal Government or classes, it can hardly be doubted that Congress, under the enforce takes them away in the face of public sentiment and places ment clause, ·may supply the omission by direct legislation, or may perhaps annul the whole system of discriminating laws, leaving the them in the Federal penitentiary, and then bas a tax of $10,000 State to provide others which will confot~m to the requirement of levied against the county for the benefit of the rapist's family, equality. The consequences of the failure of a State to enforce laws a part of which sum might go to buy that family an automobile made for protection against violence are no less disastrous to the unprotected class than the failure of the State to make any such laws. to ride by the borne of the innocent victim, do you think, as a It is difficult to perceive why the power and the duty of Congress to matter of common sense, with suc:Q. a policy you could long interfere, under tbe enforcement clause, are not as clear in the one case prevent a condition in that country like those which developed as In the other. Apart from the fourteenth amendment, it may well be that the in East St. Louis, Omaha, and Chicago? United State owes its citizens protection in their lives while not Mr. MONDELL. What about-- owing them a complete system of laws for the protection of all personal Mr. SUMNERS of Texas. I regret I can not yield further. and property rights, and that its power is coextensive with its duty, but extends no further. Gentlemen, I want to discuss this bill somewhat in order, and Without attempting an exhaustive inquiry into this delicate and I would like not to be interrupted. In order to saye as much difficult subject, it can safely be assumed that preconceived opinions time as possible I had transcribed the quotations which I ex are not conclusive of the question. In view of express constitutional provisions, and in the present state of judicial decision, the existence pected to refer to in the volumes which I have on the table. or nonexistence of this power in the Federal Government can be def:er Mr. Chairman, I am opposed to mob violence, to the ciimes mlned only by submitting a statute to the test of judicial examination. which.provoke mob violence, ·and to the conditions which permit Mr. SUMNERS of Texas. Mr. Chairman-- those crimes to result in mob violence. I am opposed to this The CHA.IRl\fAN. The gentleman from Texas is recognized bill because it would increase mob violence by encouraging the for one hour. [Applause-.] crimes which are the most provocative of mob violence and 1\Ir. SUMNERS of Texas. Mr. Chairman and gentlemen of which more than all things else combined create the condition the committee, I assume that there is no difference of opinion out of which mob violence as a punishment for other offenses among men representing the different sections of the country in arises. I am opposed to this bill because the interposition of reference to the fact that the crime of lynching is a crime Federal power would lessen the sense of local responsibility which nobody can defend, a crime which must be suppressed. and retard the growth of local purpose to suppress mob violence. The question is how best to proceed to do the thing that ought I am opposed to this bill because it is unconstitutional and to be done. Before beginning a discussion of this bill I want appeals for its support to the very spirit which it denounces to challenge the slanders which have been heaped upon the the spirit of disregard for law and for the sacredness of the South by a lot of these hired Negro agitators arid white official oath. This bill can not pass this House unless it is put negroettes that have been going over the country falsely repre through by that same spirit which inspires the mob when, senting my people. I received the other day a statement from the backed by the courage of numbers, excused in conscience by the Tuskegee Institute. The gentleman who has just taken. his seat law's delays and alleged miscarriage of justice, they crush quoted practically all. of his statistics and gave practically all through by the sheer weight of numbers the legal barriers his information from that source. Under the date of December which deny the right to proceed in the manner undertaken and 31, 1921, they sent out broadcast, with release for publication do an unlawful thing. dated January 1, "The lynch record for 1921," from which I You are asked to do a thing contrary to the supreme law quote, "there were 63 persons lynched in 1921. Of those 62 were of the land in order to make certain and quick a punishment in the South and one in the North." I do not know how I alleged to be deserved. Gentlemen, that is the identical appeal happened to clip this out, but the Washington Post of July 16, of the leader of the mob. This bill has incorporated therein 1921, carried a statemen't under these hea-dlines, which I quote : provisions which no lawyer in this House. or elsewhe!'e can de " Three Negroes hanged by mob in Duluth; 5,000 seize prisoners fend and but few, if any, have reputations So poor or so 'vell at police headquarters; troops ordered out. Attack on young established that they will hazard them in the attempt. Yet white girl rouses crowd's fury." These Negroes were connected you will be asked to pass the bill. They whisper in your ears 798 CONGRESSIONAL R.ECORD-HOUSE. J ..1~ U ARY 4, " political expediency ·• and. a. k rou to yield to it. That is the strip the States of e.-ery element of sovereign power, control, same whisper \Yhich come to the ear of the sheriff when the and final responsibility for the personal and property protection mob is battering at the jail door. \Vonderful example they ask of its citizens, and would all but complete the reduction of the you to set to the constabulary of this country. States to a condition of governmental vassalage awaiting only I am opposed to lynching. If I were at home and I heard the full exercise of the congressional po,ver. that an effort was being made to arouse the mob spirit, I would Gentlemen, I do not excuse the sixty-odd lynchings that oc oppose it. curred in the South in a year, but when you consider the If I had been in Omaha when tbey were about to mob the millions of black people \\ho live in that country, and when you mayor because he had "'tood between the mob and its intended consider the fact that we do have white · men there who are victim, I would hav opposed that. To-day the Constitution of not law-abiding, just as we do have black men there who are the United Stat~s stands at the door, g11arding the go.-ernmental not law-abiding, and you measure what occur there by what integrity of the States, the plan and the phi1osophy of our Rys occurred in East St. Louis, Chicago, and Omaha, it shows tem of government, and the gentleman from )lis ouri, rope in that the people in that great section of the country are doing hand, is appealing to you to help him lynch the Constitution. the be t they can. '[Applause.] I realize that it is a bad situ I am opposed to that. If it were not for the tragic possibilities ation down there for the black people. No black man or white which are in'i.-olve<1 and the duty imposed, if I were actuated by man \Tho lives in the South now is responsible for that condition. po1itical considerations, I would merely register a general pro Away back yonder our ancestors, the men from New England, test and hope for favorable action. But, gentlemen, thi. is not many of them, brought their shiploads of slaves from the jungles a mutter with regard to which either . ide can afford to play of Africa and ~old them to my people. It was a tragedy, in so politics. far ns the \\Jute people were concerned. I do not know bow Mr. Chairman, whatever may be the conflict of indi\idual you think about it, but it was not a tragedy in so far as the judgments as to whether this bill is constitutional or uncom~titu black man was concerned. Sometimes I think God Almighty tiona1, whether it embodies a wise or unwLe governmental had a hand in that, because slavery· was the only door that policy, all who ha.-e examined its provi ions and have contem swung open to give the black man a chance to get away from plated its direct effect upon the go\ernmental unit under our savagery of the jungle. There is not a black man in the gallery system and the scope of the Federal powers \vhich it as a prece up there who does not owe to the institution of slavery his con dent would e tabli b, if constitutional, must agree tlJat not since tact with civilization. It was a curse to the white man, but it the formation of the Federal Government bas a more important so happened that under that institution of slavery these poor legislative propo. ·ition addre. sed it elf to the consideration of black 11eople had a chance to come to America, and through the the Congress. institution of slavery· they got a species of coercion that en Gentlemen of the House, the importance of this proposed abled them in a few generations to break away from the habits legislation from the tandpoint of the consideration which it of indolence that had grown upon them by reason of their merits at this time, bowe>er controlling that ought to be, i not centuries and centuries of tropical residence, and eventually it dependent entirely upon the naked question a" to its con titu enabled their children to be sent to school under conditions of tionality. The effect of thi bill, if adopted, e>en if declared civilization. But during its continuance the institution of slav uncon titutional, would be to mark, in so fa1· as the expression ery was sapping the vitality of southern civilization. I have of legislative judgment and will is concerned, and in so far as repeatedly said that while the Civil War was a terrible- price that expression would reflect the public attitude and direct pub to pay, yet it was 'not too big a price to pay if that alone could lic inclination. incomparably the greate. t adYance toward the have erved to relieve the white people from that terrible in obliteration of the States a independent go>ernmental agencies stitution of slavery which was destroying the civilization of the of the people Y\·hich bas yet been registered by any expression South. of legislative or public attitude. The Congres." has not only Now, \Te had the ~egro population left on our hands. They the respon ·ibility for legi lation, but in the yery nature of were brought there. They did not come of their own accord thing~, the responsibility, in a large measure, of leadership of and when they were freed the people of the North., not under~ public opinion with regard to governmental policy. Whether to stan<1ing the situation, just as they do not understand this be condened or not, party policy and political expediency are situation now, under the passions engendered by the war. did per·mitted in all Go\-ermnent controlled by partie to influence that thing which had never been done before since the men of much of the mas of current legislation. But when the matter our b~o?~ fir.st left northern Europe and started out to build up under consideration goe to the fundamentals of government as the ctnhzatwn of the world. It was the first time in all the distinguished from the policy of government, it carries a chal centurie · when one branch of the white family tried to put the lenge to the conscience of the legislator, an appeal to his fidelity, heel of another race upon the neck of men of their own blood. to the larger duty to his country, which will not tolerate regard I do not bold any prejudice against you. I realize this was the for political expediency. - _aftermath of a great war, and what huppep.s in such times mu ·t 'Mr. Chairman, such a measure is now under con ideration. I be judged in the light of the passions which war always en challenge it because it is without constitutional warrant. I chal genders. And these million of black people were turned loo e lenge it becau e it is definitely and directly antagonistic to the as they were-with a responsibility they were not fitted to meet. philosophy of our system of govermnent, and within the limit of I do not say this to their discredit, everything considered, or in its effectiveness, if it sbonld be held constitutional, would be criticism of them-of course they are more inclined to commit uestructive of that sr tem. crimes than white men are. I ~ would be the most unreasonable I challenge it because it is contrary to its own declared pur thing not to expect it. Only a short time ago their ance:stors po e. If enacted and operatiYe it woulcl not add to the protec roamed the jungles of Africa in absolute . avagery. Now we tion of per on or the general ·efficiency of government, or have them here. I do not know what we are going to do about strengthen the relationship between the Federal Government it, gentlemen. You can pass this bill if you want to, but I am and the State . But, on the contrary, thi proposed intervention giving you the judgment of a man who believes he knows. I am of the Federal Government directed against local power, sup going to put the responsibility on your own consciences. l\ly planting and super eding the sovereignty of the States, would people get along the best they can with the situation. We are tend to destroy that ense of local re ponsibility for the protec all sick and tired of this lynching and these outrages and with tion of person and property and the administration of justice, the propaganda of misrepresentation. There are many, many from \\hich sense of local respon ibility alone protection and people in the South who are willing to say to the Federal Gov governmental efficiency can be secured among free peoples. ernment, "If you can do it, for God's sake come and do it." There i no other way under heaven, known among men, by These people say that. We are tired of it. We know it is which it can be done. This bill, as I say, challenges the effi not right. The con ·cience of the country is revolting ~1gainst ciency of the governments of the State. , and here is the differ these conditions, and if we could get a little more help from ence between this blll and the other bills that we have been yon people, exerted with the black people, to encourage them enacting here expanding the Federal power: This bill, challenging to run out the criminal element from ijmong them while we as it does the relative governmental efficiency of the Sta.tes and work on the criminal element of the white people, in. tead of the integl'ity of purpose of their governmental agencies, placing sending these Xegro agitators down there to preach social the Federal Go.-ernment, as it doe", in the attitude of an arbi equality among my people, you would aid more than you are trary dictator assuming coercive powers over the State , their aiding now. [Applause.] We might ju t as well understand officers, and their citizens in matter. of local police control, ourselves, gentlemen. That day never will come-there is no would do incomparable injury to the pirit of mutual respect necessity for anybody mistaking it-that day never will come and trustful cooperation between the Federal Goverpment and when the black man and the white man will stand upon a plane the States essential to the efficiency of government. As a prece of social equality in this country, and that day never will come dent, thjs bill, e. tablishing the principles which it embodies and in any section of the United States when you w·m put a black Ute congres.·iona1 power"' which it assumes to obtain, \\ould •nan in office abo>e the white man. [Applanse.] That ucver 1922. CONGRESSIONAl~ RECORD-HOUSE. 799 will happen. It never can happen on the face of God Almighty's race must be set against the black criminal, and the white earth. It has not happened in 4,000 years and never will. Ob, hoodlum must be suppressed. But, above all, while we are you can elect one here and there in communities where you have working out these problems we must hold in leash the brutal them in control. You can give him a little recognition to keep passion of race conflict which inspires the mobs in the North. the boys lined up, but he is under white control, and you never When a white woman is raped by a black man the call to the will surrender the control of your government in any com man is from his two strongest, most primitive instincts. No munity to the black race. It can not happen. doubt when m-en lived in caves the strongest instinct of the Now, I will be very candid with you gentlemen about the man was to protect his woman. The next strongest instinct situation in the South. The big difficulty is when the crime of is to pl'otect the blood. When the call comes from the woman, rape is committed against a white ~oman. Millions of these crying out from the depths of her outraged chastity, there comes people live there among us. We all live together. We under to the man a call which reaches back to the days when he was stand one another. We have established a basis on which we a savage in the cave, and he goes. When that call comes from can get along pretty well. We have our difficulties, of course. the woman who has been raped by a man of alien blood, woman, It is an unnatural situation. The big thing we dread, the thing who in e>ery age of the world has been the faithful guardian ·we are working against, law-abiding white people and law of the purity of the race-when that call comes it is the call abiding black people, is what happened in East St. Louis. of his woman and the "Call of his blood, and he goes. It is not These isolated cases of mob violence are bad. But if we can an easy situation to deal with. [Applause.] He goes not alone. keep them isolated we can hope to bring them under co.ntrol. His neighbors, whose women live under the same danger, go In the district of the gentleman from l\1assachu etts a few with him. The impulse is to kill, to kill as a wild beast would weeks ago, up there at Barnstable I believe it wa , three West be killed. Indian Negroes took a white girl from her escort and raped her. Gentlemen, do not misunderstand me or misquote me. I A mob was formed, bent on lynching them. It took the governor understand we have to deal with this situation. One must of the State three days to dispel the mob spirit. Just one thing yield to the law. But no attempt at Federal coercion can help. prevented that from being a lynching and that is that they did Let nobody misunderstand what it means to say in the pres not have a great sea of these people about them. That is what ence of the victim, "Let the law take its course," when there prevented it. comes down from the mDuntain tops of civilization and up from It is pretty easy to talk about it, g~ntlemen. Of course, the the deepest caverns of man's nature the mightiest force that number of black men who commit these "Crimes is very small, but eYer beats against the battlement of self-restraint. [Applause.] you do not know where the beast is among them. Somewhere Gentlemen, this bill is a remarkable piece of legislation. I in that black mass of people is the man who would outrage your ee gentlemen before me who are going to say that they hav~ wife or your child, and every man w:ho lives out in the country defended the constitutionality of this bill, but they 'viii be knows it. joking, because it can not be done. Certainly, Mr. Chairman, They say that lynching is an American institution. Well, it to put upon the statute book a measure of this sort which coul:i is, in a degree. Except in a narrow strip of country along the serve no <>t.her purpose than to give encom·agement to the igno eastern seaboard home-made law preceded legislature-made law rant and vicious, and to stimulate crimes which arouse prejudice all the way to the Pacific ·coast. In the western part of my against a minDrity race, which this legislation, if constitutional, State it was the rugged pioneer who established home-made law. could not protect, would be a crime against those people that There never-was much trouble or danger from that source. It can not be excused. Nobody can protect them against the mob is the lawless element who are giving us so much trouble, some except the white people with whom they live. What will the times killing these black people when they do not commit these criminal read in this bill? Take the hearings on this bill and terrible crimes. That very fact, however, more than all else is from one end to the other there is not one word of condemna developing in t11e South the purpose to suppress mob violence. tion. What will they read in this bill as they gather in their The purpose is there, and we will do it if you will give us a dives? Do not misunderstand me. I say that there are relu chance. We do not need q.ny guardianship by the Federal Gov tively only a few such among the great body of black people of ernment. In the western part of my State it was the rugged my country. Where you are ma1."ing the mistake and where old pioneer, who could ride as bard and shoot as straight as the you continue to make the mistake is in creating the impression ·bad man could, who drove the desperado beyond the Rio Grande that you propose to defend them. I know that we have got to and established respect for law and made human life possible stop it, but I am not losing so much sleep over the bunch that and safe in that country. commits the crime as over the ones that have done nothing, And it is a rather interesting thing, too, that as society has but you gentlemen propose in this bill to lose no sleep over the established legislatures and courts men in my part of the innocent ones and try to protect the ones that have committed country ha\e never ,yielded to the courts established by legis the crime. latures or to laws established by legislatures the protection of Let me read you the definition. Let me show you what they their women. There is just one thing they will not litigate. are after. A.re they after the East St. Louis bunch? Let us Nowhere under God Almighty's sky will they yet litigate the see. Section 1 reads : · issue of a foul wrong committed against their women. [Ap That the phrase "mob or riotous assemblage," when used in this act:, shall mean an assemblage composed o! five or more persons acting in plause.] They have not yielded that yet. You see, they had concert for tbe purpose of depriving any person of his life without au that jurisdiction first. They delegated authority to the courts thority of law as a punishment for or to prevent the commission o! after the courts got there, but they were there first. That will some actual or supposed public offense. change as pioneer influences and ideals give way. It is chang 'Vhat will the criminal read in that bill? Will he read in it ·ing now. There is another thing that makes the situation more a condemnation from the great Federal Government? No. <.lifficult in the South. I do not know why, but somewhere. in But what will he read? He will read, and it is a fair con the ::rreat purpose of God Almighty He bas determined to pre clusion, that Uncle Sam says that if I do this thing mid any sene, for a while yet, at least, these lines of racial cleavage that body in this community gets after me and strings me up, Uncle He has drawn among the races of men. Sam will send them to the penitentiary and make the folks pay I do not know why, and you do not, either, but there is nobody a $10,000 fine. up there in Yankeedom or down in my country that can oblit Gentlemen, I should apologize to the House for not having erate those lines of racial distinction. God Almighty drew them proceeded at once to the discussion of the constitutional ques in the councils of :S:is infinite wisdom, and put the instinct of tions involved, but we desire it to be clearly understood in the racial preservation there to protect them. You ask me what beginning that while this bill is challenged because it is with we will do to protect it. We will do whatever is necessary, out constitutional warrant, it is further challenged because in that is all. l\fen who do not live in the presence of the danger its violation it extends beyond the letter of the Constitution and do not hear the call. [Applause.] Nature does not waste her attacks the fundamental principles and philosophy of govern energies. When men respond to that call, they respond to a ment from which our Constitution draws its vitality. Not only law that is higher than the law of self-preservation. It is the that, but it is in disregard of the lesson taught by the actual call to the preservation of the race. When men answer to experience of men in the realm of government. lliat call, you can not reason with them. That law knows no I lay down this proposition : If this bill is sound in the reason. You can not appeal to their sense of justice. It knows governmental policy which it undertakes to embody, then our no :ense of justice. It is a blind, unyielding, uncompromising, whole plan of government, which the judgment of men every all- acrificing purpose of the dominant race to control the situa where accords first place among the masterpieces of the world's tion. When that call comes every man who is not a racial de constructive statesmanship; is fundamentally unsound. I chal- gen('rate has to answer it. [Applause.] It is the call of the lenge anybody to refute that statement. · blood. Men do not count the cost under those circumstances The more you study this bill and contemplate the conse when once the race passion is aroused. We will have to work quences of congressional indorsement upon the Nation's gov at this thing from every angle. The face of society of his own ernmental policy, regardless of the question of constitutionality, J • 800 CONGRESSIONAL RECORD-HOUSE. .JANUARY 4, the more importance will your judgment attach to the matter. that clan. e of thi bill. Kow, you mark H, when they get up Let no man imagine that in the present state of public opinion, here-- the present dil'ection in which it is pressing, we will be able to 1\fr. CHINDBLOM. Will the gentleman yield? tru·n back upon the course along which this bill gives us direc Mr. SUMNERS of Texas. I ·wHI. ' tion, if we add to the pressure of public attitude the weight of Mr. CHINDBLO:M. Of course the gent1eman would limit congressional approval to this sort of measure. There is no that to matters relating to extending tbe denial of the equal use in fooling our. elves about it, either. In the \ery nat'!Jre of protection laws if-- things Congres is not only charged with the respon ibility of Mr. SUl\11\TERS of Texas. Oh, if Congress can do what is legislation but it is charged with the responsibility of·leading tried to be done in the second section of this bill, trying to · public opinion with regard to sound governmental policy. expand the fourteenth amendment of the Con titution by legis It is not propo ed by this bill to negative discriminatory State lative enactment so that they will haYe a basis upon which action; it i not proposed merely to oust the States from final to rest the legislative enactment~- police control and responsibility within their respective borders, 1\ir. CHINDBLOl\1. That is by definition. but that tl1e Federal Government shall lay its hands in coercive 1\fr. SUMNERS of Texas. Yes; by definition. The States power upon_ the governmental machinery of the States them ceded to the Congress a definite power over them. Now, the· . ·el>es, as such, and upon their officers as officers of tbe States, Congress comes in, the reC'ipient of the power, and tries by and upon their citizen as citizens of the State , and in matters definition to spread out its power so as to do what the Con clearly within the realm of police control undertake to compel stitution will not let it. If that is the best that they can do, them by force of the Federal Government to carry out the edict then it is pretty poor. There is not a thing in the fourteenth of the Congress with regard to local police control. I say that amendment about prohibiting mob violence, nothino- about ~ve when you pa ·s this sort of bill you take from the States . uch persons, nothing about physical violence, nothing about prop inllerent elements of sovereignty, of djgnity of final govern erty. The provisions are general. mental re ~·ponsibility as to make it absurd to talk about the 1\lr. CHINDBLOM. Will the gentleman yield? , tate being a sovereign unit of the Government. How can a Mr. SUMNERS of Texas. · Yes. , tate be a sovereign unit of government when you hold ovet· it Mr. CHINDBLOM. Doe the gentleman concede that there the uplifted lash of the Federal Congress, telling its officers and is power in the Congress to pass affirmative legislation for the people what they must do, and, if they fail, sending them to enforcement of the fourteenth amendment? the penitentiary'? What would be left? Put this on the stat l\lr. SUMl~ERS of Texas. Yes. ute books, if you plen e. You are welcome to all of the political 1\Ir. CHINDBLOM:. Or is it mer~ly a negative pa siYe a s. er benefits you will get out of it. You will find that there is tion of right? . omebody el e to whom you have to answer in this country 1\ir. SUMNERS of Texas. No; Congress has the power- be ides this little handful of agitator , who have . cared you to Jllr. CHINDBLOM:. I am speaking now specifically in refer death. If the Federal Go>ernment can punish ~ach of fi>e in ence to the equal protection laws. dividuals ''ho constitute a mob or riotons assemblage, as is 1\lr. SUl\fNEHS of Texas. If the gentleman will excu e rue, provided in this bill, it can inflict punishment if "the offense I will discuss that in a few minutes. were committed by one individual acting alone. If the Federal 1.\Ir. REA VIS. Will the gentleman yield at that point? Oovernment can puni.~ h for murder committed within a State, l\lr. SUMNERS of Texas. Yes. a ~ is propo. ed by this bill, it can punish for all offenses com Mr. REAVIS. The fourteenth amendment was a prohibition mitted. against a person, from murder to imple a. sault. I against a State's denial, while this bill is predicated not upon not that a sound proposition? If the Federal Government can the denial by the State but upon the action of five inclivilluals. puni ~ h for murder, for a physical offense, it can punish for [Applause.] every offense committed against property within a State. That 1\!r. SUMNERS of Texas. Not only is that true, but Congre . i." the power that tlJey are claiming for the Federal Govern in his particular instance is undertaking to enact a municipal ment, the e gentlemen who are supporting this bill. When code to define offenses and provide for their punishment, which they say that the Federal Government ha not that power they the Supreme Court has said Congress can not do. admit that the Federal Government has not the power to enact 1\fr. 1'\fcSW .AIN. Will the gentleman yield? this bill. Mr. SUl\1l~RS of Texas. I prefer not to yield becau:-;e 1 3lr. REAVIS. :.\lr. Chairman, ,:vm the gentleman yield? have in mind to discuss these matters in some order. ::\Il·. SUMNERS of Texas. Yes. If this bill is constitutional Congress can provide the condi ::Hr. B.EAVIS. If the gentleman is familiar with the bearing. tions under wbiclt the governors of the several States will be before the Committee on the JudiciaTy at the time that the required to call out the militia of the State to defend the per. ou bill was before that committee, he will recall that the question or the property of the citizens of the State, and could provide wa. asked Col. Goff, the Assistant Attorney General, whether for the trial and punishment of the governor, through c1iminal if this bill were constitutional and the Federal Government proceedings in the Federal court, and could send the governor had control of individual action, which heretofore had always of a State to the Federal penitentiary for a violation of the been in the forum of the States, it would be po ible for the legislative will and edict of Congress with regard to the protec Federal GoYernment to puni h embezzlemen '~ and larceny and tion of the persons or property of his own people. a sault and battery, and that Col. Goff replied that it would. 1\fr. STEVENSON. Will the gentleman yield? :Mr. SUMNERS of Texas. I" am very much obliged to tl1e Mr. SUMNERS of Texas. I should prefer very much not to gentleman for calling my attention to it. · That is absolutely do so. the fact. If this bill is sound as a legislative premise, that l\1r. STEVENSON. I just wanted to interpo e conclusion is ound. You can not escape it; but his conclusion l\fr. SUMNERS of 'l'exas. I will yield. doe not upport the premise; it destroys it. Yet you are a. ked l\fr. STEVENSON. · In relation to the fact this bill it elf as to pass this bill. I do not want to be offen ive, but I say to written provides for that. you that you can not pa s- this bill unless you pass it under Mr. SUl\fNERS of Texas. I was just going to call the atten the influence of the same spirit which this bill ·denounces, viz, tion of the House to that. I am much obliged to the gentle the mob pirit. You say that the folks down in the South man. are not doing this thing fast enough and quick enough, and This is the important thing about this bill. It does not pro the folk in the South say the officer are not doing this thing pose in terms or principle merely an exten ion of Federal fa. t enough and quick enough, and you both get ropes and they activity tbrougp. Federal machinery acting 'in hannony with, in go after a nigger and you go after the Con titution. [Laughter respectful attitude toward, and in governmental cooperation and applause.] With the States. It is a new sort of thing. This bill proposes If it is lawful for the Federal Government to levy a penalty a direct and humiliating governmental vassalage of the States, against a county as provided in this bill, merely because mob and you can not make anything else out of it. Do you tell me violence may haYe occurred in that county resulting in death, any good will come? Never before in the history -of this Gov or that the person afterwards killed may have been transported ernment, in so far a · I know, bas any group of lawyers in acros the county, it can levy a penalty against each county for Congress or out of it claimed any such power or favored its every offense committed within it by any individual citizen exercise. 'Vhat sort of a governmental mes will we ha e in against the per:son or the property of any other individual citi- this country if we embark upon this sort of a legislative policy ~ 7.en whether the county officer knew a thing about it or not. If we did not have n decision from the Supreme Court, and, Here is what these modern solons. are claiming was written by the way, you are the judges of your constitutional power ; into the Con ~ titution by the fourte~nth amendment: That the the Supreme Court decisions, wllen clear and established, mark fourteenth amendment of the Constitution gave to the Federal out the boundary line of congressional action, bnt it does not Go,·ernment the power to levy a penalty against every county relieve the conscience of the Congressman. You mu t pass upon for eYery off en. e. The~· nn1:o:;t do that or they can not support · :rour constitutional power, and I challenge you to-day under 1922. CONGRESSIONAL R.EOORD-HOUSE. 801 your official oaths. You sit here as the highest court in the feature of the general .system will be left if you enact thi~:; bill, Jand and determine the issues of Y!'mr constitutional J}Owers •. if you establish as a principle of government 1n thi country I challenge the right 6f any man to vote for this bill if he be that the Federal Government shall stand with the uplifted lash lieYe · it to be unconstitutional. If there was not a single de of congressional enactment over every officer of the State? cision from the Supreme Court, there is not a man' sitting What have you left under your system? You are welcome, here-let us bE} honest about it, man to man-who will assert gentlemen, to all the glory that you will get out of putting this that in any time of this country's history there ever was a mo sort of thing on the statute books of the conntry. It will be a ment when one single State would have yielded to the Federal fine thing for your children to read in the days that are to Gowrnmen t such power as they assert in this bill rests in the come that "My daddy on this bill answered ' aye ' on the vote Federal Gowrnment. There is not one single thing in the po when it came .~' But this is not merely the' enactment of a law_ litical history of this country, nothing in its philosophy of gov This is dynamiting the governmental structure. [Applause.] ernment, and not one word in the contemporaneous discussion That is what it is, and if you folks show the people that this of the. fourteenth amendment, to justify such a conclusion. is the thing to do they will bring in some more dynamite. I make thi. statetnent, too, gentlemen: I haT'e as mucll re- · [Applause.] spect for the Supreme Court as anyboey, but if the Supreme No, sir; you can not turn back on this course when you add Court had decided that, your own conscience and common sense to the public inclination this sanction of the Congress, sitting would not permit ~· ou to indorse the decision. You are guardi in solemn judgment under its congressional powers. You are ans of the Constitution and of the integrity of the States. welcome to do it, but I am going to put the responsibility where The Supreme Court is not the keeper of the congressional con it belongs. In the early seventies the carpetbagger was in his science. glory; but still he had some sense left. I do not say you folks You sit to-day under your high priT'ileges as Members of the were alone to blame. We were all to blame for the situation House of RepresentatiT'es of the United States. No man or h·i that existed. But t!ley had some excuse in that day for going bunal can cof!rce you. You face your God and your conscience, crazy. You have not got any now. [Applause.] I read further the States and the Nation, and render your judgment as honest from the slaughterhouse case : men. That is your business. You kno,,·, men, that never was Under the pre. sure of all the excited feeling growing out of the war, there a minute in the history of this country when any uch our statesmen bave still believed that the existence of the States with powers for domestic and local go-vernment, including the regulation of power would haT'e been conferred upon the Federal Government civil rights-the rights of person and of property-was essential to as i claimed here. the perfect working of our complex form of government, though they The first of the great decisions constrniug the fourteenth have thought 11roper to impose additional limitations on the State, and amendment was the decision rendered in the famous Slaughter to confer additional power on that of the Nation. house case, reported in Sixteenth Wallace, and decided in 1872. You \Vill notice he said, "our statesmen." I do not say I quote: "our Congressmen," but there is no reflection meant. I hope • • • When the effect is to fetter and degrade the State govern you will all be statesmen this time. You can be Congressmen ments by subjecting them to the .control of Congress in the exercise of next time. And remember that thi i the Supreme Court that powers heretofore universally conceded to them of the most ordinary is speaking about this thing, not some fellow reading a lot of and fundamental character, when in fact it radically changes the whole theory of the relations of the State and Federal Governments stuff from Tuskegee. [Laughter.] to each other :md of both of these Governments to the people ; the But no po~·er argument-illustrating what could be done under such a power, as I have undertaken to illustrate what could be done under this bill-has a Says the court- fore~ that is irresistible, in the absence of language which expresses to fetter and degrade the State government by subjecting them to the such a purpose too clelnly to admit of doubt. We are convinced that control of Congre.;s in the exercise of powers heretofore universally con no such results were intended by the Congress which proposed these ceded to them of the most ordinary and fundamental character. amendments, nor by the legislatures of the States which ratified them. Among all the powers exercised by the States, none is more Mr. Chairman, there can be no question as to the soundness general-ordinary-or fundamental than the police power. Thls of that conclusion. The people never would have ratified a con bill undertakes to do the identical thing which the Supreme stitutional amendment conferring any such power as this bill Court, in its first pronouncement, said can not be done, and was· seeks to have the Federal Government exercise. Gentlemen, I not intended to be done, by those who proposed and by those submit to your judgment, what sort of a legislative proposition who ratified the fourteenth amendment. could go forth more completely- They thought it was essential to the perfect working of our to fetter and degrade the State governments by subjecting them to the complex form of government, though they have thought proper control of Congress in the ·exercise. of powers heretofore universally to impose additional limitation upon our States, and to confer conceded to them <>f the most ordinary and fundamental character? additional power on that of the Nation. Gentlemen, draw the That is persuasive? No. The court said it had a force that picture in yom mind: of a United States marshal putting shackles was irresistible- on the arms of the governor and pulling him out of the mansion in the absence of language which expresses such a purpose too clearly of the people of the State and dragging him off to a Federal to admit of doubt. We are convinced that no such results were in tended by the Congress which proposed these amendments, nor by the tribunal, to ans,ver for something that he failed to do with legislatures of the States which ratified them. reference to the protection of people who elected him to office ! This judge wrote this opinion within tllree years after 1\lr. You can not do it. You can not get any Supreme Com·t, yon Thad. Stevens put the fourteenth amenchnent through this can not get a district court, to hold this thing constitutional. House. He said he was convinced no such result was intended "But no power," says. the court, "to fetter and degrade the by Congress nor by the legislatures of the States which ratified State governments by subjecting them to the control of Con them. This court sustains what I said a while ago, and he was gres · in the exercise of powers heretofore universally conceded speaking at that time- to them of the most ordinary and: fundamental character." The CHAIRMAN. The gentleman from Texas ha · used one I am quoting from the court, remember. I am quoting from bour. the court, although it is making my argument for me. The 1\:fr. SffilNERS of Texas. I yield myself 30 minutes more. · police power _is the most ordinary power that a State exercises. The CHAIRMAN. The gentleman from Texas is recognized This bill undertake to do the identical thing which the Supreme lor 30 minutes more. Court say can not be done, a thing which was not intended to 1\Ir. SUl\11'\"'ERS of Texas. 1\Ir. Chairman, there can be no be done by tho ·e who proposed and ratified the amendwent. 'uestion as to the soundness of the conclusion. The people Now, llere i ~ the best autb.ority on earth as to what was in 'Would never haT'e ratified a constitutional amendment confer tended. And he wa a man who did not love my people. I am ling such power as this bill seeks to confer upon the Federal not fond of him. It is Mr. Thad. Stevens, of PennsylYania. tlongress. · There i~ no better authority on this earth as to what thev lH're Gentlemen, I shall not be able to follow in tlle order I had trying to do than Thad. Stevens, of Pennsylvania. • intended the discussion of the constitutional que ·tions involved, He was the acknowledged leader in the passage of the resolu lhut I shall be able to cover it sufficiently to show what the tion tllrough the House submitting the fourteenth amendment judgments of the courts are. Here is what this judge said in to the Constitution. In his discussion of the first section of concluding his opinion: that amendment he disclosed the object had in mind, namely, t11e But, however pervading this sentiment and however it may have conference of pO\ver upon the Federal Government t ) negative contributed to the adoption of the amendments we have been consider- · discriminatory legislation on the part of the State against ing, we do not see in those nmendments any purpose to destroy the people of color. A number of States bad enacted such legisla main features of the general system. tion as a pa1·t of the governmental feud growing out of tbe He says, "We do not see in the fourteenth amendment any period of reconstruction. Such legislation was not confined. purpose to destro~· the main features of the general system." however, to the South. I am advised that even the State of What would he have f;aid if he .had read this bill? What Ohio had a " black code." I shall quote from l\Ir. Stevens, LXII--51 802 CO GR.ESSIONAL RE ~oRD-HOUSE. J A.:NU A.R ~ .4, the b authority, as. to tbe cause which prompted the sub duty bOund to protect all its citizen in the enjoyment of. this principle :t if within its power. That tluty was originally . :umed by the States-, ruis ~ ion of and the object ..;ought to be attained by the adoption and it still remains there- . · of the .fir t section of the fourteenth amendment. Mr. Stevens, · The gentleman from l\lis ouri [Mr. DYER] to tlle contrary in hiS diSCU ~ ;~ ion, bad this to say With reference to ,the firSt notwithstanding. section, the one contailling the " equal protection " clause: I am afraid I am tiring the House, but this is a tremendously, * • * the Constitution limits only the action of Congress, and i not a limitation on the State~. This amendment supplies that de important matter. The• next decision to which I desire to fect, and allows Congress to correct the unjust legislation o! the States, direct your attention is the case of the United States v. Harris I"O far that the law which operates upon one man shall operate equally (106 U. S., p. 629), and I call special attention to this case b~. upon all. Whate\er law punishes a white man for a crime shall punish the black man precisely in the same way and to the same degree. cause it was a lynching case. In this particular case a mob took the prisoner away from the deputy sheriff. It is on all Mr. SIN~OTT. Will the gentleman yield there? fours, as we would say if we were discussing thi matter before Mr. SIDL"'ffill of Texas. Yes. a court. Mr. Sil\TKOTT. Will the gentleman put in the RECORD the Harris and 19 others were indicted for taking from the cus· vlace from which he takes that quotation, the page of the Oon tody of a deputy sheriff a number of peeons. It was charged .... re sional Globe, or whate-rer it is? that the prisoners had- Mr. S~'ERS of Texas. Yes; I belie'e I can. If I can not, " been duly arrested * * * were then anu there in the custody o.f a I will furnish it to the gentleman later. deputy sheriff of said county * * • were entitled to due and equal ~Ir. CHINDBLOM. ·wm the gentleman yield? protection of the laws thereof • * * that the said R. G. Harris and 19 others, naming them, with certain other persons * *· • did Mr. SIDIJ.~ERS of Texas. Yes. then and there * * * unlawfully conspil•e together " and take 1\fr. CHINDBLOM. The gentleman said that he would not these prisoners from the custody of the officers, " beating, bruising, '' .find it possible in his ·statement before the House to cite all his wounding, and otherwise iii treating them, • * * contrary to the ~uthoritie . form of the statute,"- Mr. SUM.r·ER of Texa . Yes. And so forth, and charging conspiracy to llinuer the deputy 1\lr. CHINDBLO:U. Will the gentleman put his cit-ations in sheriff from safely keeping tl1e prisoner . Tlle arne sort of in the llEConD as a part of his speech? dictment as would be drawn for an offense committed under this Mr. SU:M..~..'ffiRS of Texa . Yes. bill. This indictment was drawn under section 5~19 of the ~Jr. REA. VIS. Will the gentleman yield? Revised Statutes, of the act of 1871, which is very similar to 1\lr. SUlli'-t'ER of Texas. Yes. the section under which the Cruikshank indictment was had, ~Jr. REA.. VIS. In the quotation from Mr. SteYens did I under and is identical in legislative import with pro,isions in the bill •tanu the gentleman to read his statement to the effect that under consideration. Congre could correc-t State legislation that denied equal pro- It will be observed upon an examination of this indictment te tion of the law? • that in effect it charged the same offense as is defined in the ~Ir. SUM.KERS of Texa . :Xo; he stated that Congress had last clan...~ of section 3 of the bill under consideration, which the power to deny the States the power to legislate in discrimi undertake::; to subject to Federal jurisdiction any citizen of a nation. State guilty of taking a defendant from the cu tody of a St..'l.te Mr. REAVIS. Of course, legislation denying the equal protec or municipal officer and infl.icting The first part of section 3 is as follows: is the only provision of this bill with 1·egard to which such That any Stat e or municipal officer charged with the duty or -who judgment is necessary. The others were destroyed by direct pos. e ·~es the power or authority as mch officer to protect the life of judicial determinations prior to the introduction of the bill. any person tha t may be IJUt to death by a11y mob or riotous assemblage, o1· who has any such person in his charge .as a. priso11er, who fails, This provision is dead also, but the others had been pronoanced neglects, or refu. es to make all reasonable effort to prevent snch per dead, enshrouded by the Supreme Court, given an orderly son from being so put (o death • * • shall be punished- funeral interment, and their names and dates of death carved And so forth. on their respective tombstones. It was a ghoulish· thing to rob There are two decisions by the Supreme Conrt upon which the graveyard and bring in here these poor remains which pro11onents largely rely for support of this provision, Ex parte have been in process of decay, some of them since 1872. Sup Virginia (100 U. S.) and Home Telephone Co. against Los An porters of this bill here and throughout the country talk as geles ( 227 U. S.). Between these decisions lie Barney against though there is no Federal law now to protect the citizen in New York (193 U. S., 437), to which I will later direct your his constitutional rights. There is now a Federal statute in attention. effe~t which is a_s b~oad in its application and in its protections The case of Ex parte Virginia (100 U. S.) decided that a agarnst wrongs mflicted by mobs and other conspirators as are county judge acting in administrative capacity who at the the rights and privileges conferred by the entire Constitution. beginning of the year selected those who were to sen·e on the It is section 5508, which contains this language: juries of the several courts during the following 12 months . I~ two or m?r.e pe~sons conspire to. injure, ~ppress, threaten, or in· • bllil!'late any Citizen Ill the free exerclSe or enJoyment of any ri.,.ht or excluded Negr,oes because of race violated a constitutional Fed privilege secured by him by the Constitution or laws of the United eral statute enforcing the " nondiscrimination on account of St!J.tes • * "' they shall be fined not more than $5,000 and im race " provision and the " equal protection " clause of the Con priS?n.ed not more than 10 years, and shall. moreover, be thereafter inellg~ble .to any office or place of honor, profit, or trust created by the stitution. Constitution or laws of the United States. In Ex parte Virginia, Judge Cales had done a necessary act to put in motion, and had put in motion, d.n so far as supplying You can ~ot ~ake a constitutional law against mobs or any jury material was concerned, the judicial machinery of the othe-r consp1rac1es broader than that, and y{)u can not stretch State of Virginia, in the county of Pittsy1vania, which, under the Constitution to fit the law, as is attempted by section 2 of the impetus giYen by him, was to run !or 12 months. He did this bill. not act against any individual. As an -agent of the State, he No right of the individual arising unuer the Constitution can made the State di pense to litigants during the 12 months' jury be transgressed against by conspirators which is not protected ·panels, selected with such bias against the blacks as to deny by the act Teferred to, and, conversely} no right of the citizen to all of them, as contra ted with their white neighbors, the 'Yhich ~s act does not protect as against conspirators is a equal protection of the law. He put out of balance the scales r1gl1t Wh1ch he holds under the Constitution, and therefore can of justice No question was raised as to the sufficiency of the indictme·nt power than that can support section 3, the provision of this bill or the reguhlrity of procedure thereunder. The sole question under consideration. The Supreme Court bas not established was us to the constitutional power to enact such a law, and the any such power as existing in the Federal Government. It can court helu, as clearly as language can declare, that no such not declare it without being guilty of juclici:,tl brigandage. But, power existed. Congress agreed with the holding of the court gentlemen, I am not discussing this matter before the Supreme and failed to reenact the statute in the subsequent codification. Oourt. The Riggins and the Powell cases were lynching cases. The I am discussing it before the greatest legislative body I)U law under which they were prosecuted is still on the statute earth, the sworn defenders of the Constitution and the keepers books. No question was raised as to the law per se. The pro of their own consciences. It is to their independent judgment cedure had admitted its sufficiency, and the fact that in its which no tribunal on earth can coerce, though the Supreme scope, aside from the question of constitutional limitations, it Court can limit the scope of its exercise, that of appeal. comprehended the offense charge. The sole question was as to There is nothing in the political history of our country, noth whether the crime of lynching is one which under the Constitu ing in its tradition, nothing in its plan of government, nothing tion Congress can legislate to prevent. With the issue squarely in the contemporaneous dis<:ussion of the fourteenth amend before it, the court held it was not. The law stands there now ment to indicate that one single State of this Union would have on the statute books of the Nation to protect the· individual voted ratification of that amendment if there had been the again t every transgression of every sort committed by conspira slightest probability that it was capable of a construction which tors against the constitutional rights and privileges which the would make the officials of a State answerable in criminal prose citizen may have under the fourteenth amendment, and under cution to the Federal Government for the breach of duty owe Society of the- )Iethodist Episcopal Church; to the Committee York, urging the passage of House bill 7943; to the Committee on the TerrHorie ·. on Military Affairs. By ::\lr. BHITTEN: Resolution (H. Res. 257) substituting 3397. By l\Ir. BROWNE of Wisconsin : Petition of the congre . 12,),000.000 in reparation for 134,112 unnecessary troops; to gation of the Perseverance Presbyterian Church, of the city of the Committee on Foreign Affairs. i.\Iilwaukee, Wis., urging the Pl·esident and Congress not to con By l\Ir. VOLK: Re olution (H. Res. 258) to appoint a select sider amending the Volstead Act; also, petition of residents of committee to inquire info the subject of narcotic addiction in Wood County, Wis., urging the passage of Hou e bill 4388; to the United . tate::;, and for other purposes; to the Committee the Committee on the Judiciary. on Rules. 3398. By :\Ir. CULLEN: Petition of the One hun<.ll·ed and .\L-;o, resolution (H. Re ·. 259) directing tlle Secr-etary of the sixth Infantry Post, No. 106, American Legion, opposed to the Treasury to transmit certain facts in his possession concerning proposed change in the American military cemetery at Bony, treatment of narcotic drug- addiction; to the Committee on France; to the Committee on Military Affair.. Inter:::tate mu1 Foreign Commerce. 3399. By 1\lr. KISSEL: Petition of Edmonds & Peck, of New York City, urging the early pa ~age of House bill lOTi; to the Committee on Patents. PHI\-ATb BILLS A..1~D RESOLUTIONS. 3400. By :Mr. OSBORNE : Memorial of State Board of For . try of California, disapproving the transfer of the Fore. t Se1·vice Under c·lause 1 of Rule XXII, private bill~ and re. olutions to another than the Department of Agriculhu·e; to the 'ommit were introduced and s.e>erally referred as follo\VS: tee on Agriculture. H.\· Jlr. BEGG: A bill (H. R. 9729) granting an increaso of 340J. By Mr. SNELL: Resolution passed by the Board f Su pen. ion to lUHrgaret C. ~liller; to the Committee on Pen ions. penisors of St. Lawrence County, N. Y., urging that the Also, a bill (H. R. 9730) granting a pen ion to Andrew Mc Ogden ·burg-Mas ena . cenic route portion of said l.Jighway be Laughlin; to the Committee on Pensions. constrncted either by the Federal Government or at the joint By Mr. BFJ~HAl\1: A bill (H. n. 9731) granting a pension to expense of the State of New York and the Nation: to tbe 'om El