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Crime of Lynching CRIME OF LYNCHING HEARINGS BEFORE A SUBCOMMITTEE OF THE -COMMITTEE ON THE JUDICIARY UNITED STATES SENATE SEV ENTY-SIXTH , CONGRESS TIRP, SESSION ON H. R. 801 AN ACT TO ASSUatE TO PERSONS WITHIN THE JURISDICTION, OF EVERY STATE DUE PROCESS'OF LAW AND EQUAL PROTECTION OF THE LAWS, AND TO PREVENT,: THE CRIME OF LYNCHING FEBRUARY, 6, 7, MARCH 5, 12, AND 18, 1940 Printed for the use of the Committee on the Judiofary 0 UNITED STATES GOVERNMENT PRINTING OFFICE •216849 WASHINGTON : 1940 COMMITTEE ON THE JUDICIARY HENAY P'." Bill , Arizona, Chairman WILLIAM H. KING, Utah 6pEtRO W, NORRIS, Nebraska M. M. NEELY, West Virginia WARREN R. AUSTIN, Vermont PAT McCARRAN, Nevada JOHN A. DANAHER, Connecticut FREDERICK VAN NUYS, ludiana ALEXANDER WILEY, Wisconsin CARL A. HATCH, New Mexico ROBERT A. TAFT, Ohio EJDWARD R. BURKE, Nebraska KEY I'ITTMAN, Nevada TOM CON?4ALLY, Texas JOREPI4 C. OMAIHONEY, Wyoming JAMES I. HUGHES, Delaware JOHN H. MILLER, Arkansas A. B. CHANDLER, Kentucky., Suecommimin oN H. R. 801 FREDERICK VAN NUYS, Indiana, Ohairmais 1. M. NEHLY, West Virginia ALEXANDER WILEY, Wisconsin. TOM CONNALLY, Texas I CONTENTS Statement of- Page D avis, Jr., Benjam in J ------------------------------------------ IGO Davis, John P ------------------------------------------------ 5 Estell, E. C ------------- ----------------------------------- 41 HardisonGrovey, R. Robert R B ......---------------------------------- ...... ...-- -"-"--- "-"----------------- 157, 1674 Hastie, 1iiam H .------------------------------------------ 84 Marmion, Jr., Charles G --.--.-.--------------------.--------- 22 MoKellor, Senator Kenpieth ------------------------------------ 129 Porter, 0. ..-----------------------------------------33 Raper, Arthur ------ "----------------------------------a Spingarn, Arthur B ------------------------------------------- 75 Tipton, Hon. Nat -------------------------------------------- 144 Toohey Patrick .................... ................. .. 108 W hite, W ait.... ..... ..... ..... ..... ..... ..... ----. --- 81 iii CRIME OF LYNCHING TUEIDAY, PBRUAXY -6, 1940 UNrr) STATES SENATE, SUBCOMMlrPES OF THE COMMnrEr ON TIlE JUDICIARY Washington, . C. The subcommittee met, pursuant to call, in the caucus room No. 318, Senate Office Building, at 2 p.m., Senator Frederick Van kuys (chairman) presiding. Present: Senators Van Nuys (chairman), Neely, Connally, and Wiley. Present also: Hon. R. F. Wagner, a. Senator in Congress from the State of New York. The subcommittee had under consideration H. R. 801 an act to assure to persons within the jurisdiction of every State due process of Jaw and equal protection of the laws, and to prevent the crime of lynching. (Said HJR. 801 is here set out in full, as follows:) CH. R. 80, 76th Cong., 3d sees.] AN ACT To assure to personswithin the Jurisdiction of evoryState due prices, of law and equal protection of tie laws, and to prevent the crime of lynching le it enacted by the Senate and Hatese of Representattves of the United Ststea of Amterica in Congress assembled, That the provisions of this Act are enacted in exercise of the power of Congress to enforce, by appropriate legis- lation, the provisions of the Fourteenth Amendment to the Constitution of the United States and for the purpose of better assuring by the several States under said amendment equal protection and due process of law to allpersons charged with or suspected or convicted of any offense within their Jurisdiction. Swa. 2. Any assemblage of three or more persons which exercises or attempts to exercise by physical violence and without authority of law any power of correction or punishment over any citizen or citizens or other person or per- Sons in the custody of any peace officer or suspected of, charged with, or con- victed of the commission of any offense, with tilepurpose or consequence of preventing the apprehension or trial or punishnient by law of such citizen or eltizens, person or persons, shall constitute a "mob" within the meaning of this Act. Any such violence by a mob which results it the death or maiming of the victim or lictinis thereof shall constitute "lynching" within the meaning of this Act. Sa,0 8. Whenever a lynching occurs, any officer of employee of a State or afit' governmental subdivision thereof who is charged with the duty or pow Kisses the authority to protect such person or persons from lynching, and no- glects or refuses to make all diligent efforts to protect surch person or persons from lynching, or who has cus',.-y of the person or persons lynched and ne. gl cts or refuses to makenll diligent efforts to protect such person or persons tron lynching, or who is charged with the duty or possesses the authority to apprehend, keep in custody,, or prosecute the members or any member of the lynching mob and neglets or refures to make diligent efforts so to do, shall be guilty of a felony and upon conviction thereof shall be punished by a fine not exceedng t0OOOor by imprisonment pot exceeding five years, or by both such fne and Impnsqnmen, 2 CRIME OF LYNCHING Sic. 4. Whenever a lynching of any person or persons occurs and information on oath is submitted to the Attorney General of the United States that any officer or employee of a State or any governmental subdivision thereof who was charged with the duty or possessed the authority to protect such person or persons from lynching, or who had custody of the person or persons lynched, has neglected or refused to make all diligent efforts to protect such person or persons from lynching. or has neglected or refused to make all diligent, efforts to apprehend, keel) in ctustody, or prosecute the members or any member of the lynchitg'mob, the Attorney General of the United States shall cause Ani investigation to be made to inquire whether there has been any violation of this Act. Sio. U. (1)' Every governmental subdivislon of a, State to which the State shall have delegated functions of policeshall be civilly liable for any lynching which occurs wlthi its territorial Jurisdiction or which follows upon seizure and abduction of the victim or victims by a mob within its territorial juries. diction iA every ease in which any officer (or officers) of that governmental subdivision charged with the duty or possessing the authority of preserving thk peace, or citizens thereof when called upon by any such officer, have neglected or refused to use all diligence and all powers vested in them for the protection of the person or persons lynched. In every such cas6 the culpable govern. mental subdivision shall be liable to each person injured,, or to his or her oet of kin If such injury results in death, for a sum not less than $2,000 and not more than $10,000 as monetary compensation for stachinjury or death: Provided, That the satisfaction of Judgnmnt. against one governmental subdivisioni re- Woiislble for a lynching shall bar -further propeedlgs against any other gov- ernmental subdivision which may also be responsible for that lynching, (2) Liability arising tnder this section may he enforced and the compensation herein provided for may .be recovered In a civil action in the United States district court for, the Juiieal district of which the defendant governmental subdivision is a part. 'Sich action shall be brought and proseutad by the Attorney General of the United States or his duly authorized representative in the name of the United Stetes for the use of the real party in interest, or, if the claimant or claimants shall so elect, by counsel employed by the claimant or claimants, but in any event without prepayment of costs. If the amount of any such judgment is not paid updn demand, payment thereof may be enforced by any process available under the State law for the enforcement of any other money judgment against such a governmental subdivision. Ally officer of such governmental subdivision or any person who disobeys or fails to comply with any lawful. order or decree of the court for the enforcement of the judgment shall be guilty of contempt of that court and punislie~l amord- ingly. The cause of action accruing hereunder to a person Injured by lynching shall not abate with the subsequent death of that person before finalJutdgmnut but shall survive to his or her next of kin. For the purpose of this Act the next of kin of a deceased victim of lynching shall be determined according to the laws of intestate distribution In the State of domicile of the decedent. Any judgment or award under this Act shall be exempt from all claims of creditors, (3) Any judge of the United States district court for the Judicial district wherein any suit is instituted under the provisions of this Act may by order direct that such suit be tried in any division of such district as liemay designate in such order. (4), In any action instituted under this section, a showing either (a) that ,qay peace ofticer or officers of the defendant governmental subdivision after timely notice of danger of mob violence failed to provide protection for the person subsequently lynched, or (b) that apprehension of danger of mob violence was general within the community where the abduction. Qr lynching occurred, or (c).of any other circungstance or crcumstallos from which the trier of fact might reasonably conclude that the governmental subdivision had failed to use all diligence to protect the person or persons abducted or lynelled, shall be prima face evidence of liability. ,JS. 6. If any particular provsion, sentence, or clause, or provislon., sen- tences, or clauses, of this Act, or tle appliatoll .thereof to any particular Person or circumstance, is. held invalid, the .remahider, of this Act,, and the application of such pr0yisi0n to other persons or circumstances, shalt not be affected thereby, Sefiatbr 77ANq Nrys. The committee Vill'cone to 6idr. t'w1Il stt take q inoment to state the purpose of this meeting. CRIME OF LYNCHING 3 On the 10th of January the House of Representatives passed H. R. 801, commonly known as the antilynchitg bill, It came to the Senate tile next day, and was referred to the Committee on the Judiciary.
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