Constitutionality of a Federal Antilynching Law: Committee on the Judiciary, House of Representatives, Sixty-seventh Congress, First Session [on] H.R. 13U.S. Government Printing Office, 1921 - 62 páginas |
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action agents bill Champaigne County Charlie Neal citizens civil rights colored committee Congress to say constitutional guaranty constitutionality Delaware district court DOMINICK due process duty DYER enacted enforce the law equal protection equal rights ex parte Virginia Federal court Federal Government fourteenth amendment hearings held Illinois inequality of protection judgment judicial tribunals judiciary act jurisdiction jury Justice lynching MICHENER MONTAGUE MOORES interposing municipal murder Negro offense officer penalized penalty persons petitioner police political subdivision power of Congress predicated process of law prohibition proposition protected by Congress question rape reading REAVIS refer refuses respond in damages responsibility Revised Statutes right of removal rights secured section 641 sheriff sort South Carolina Sperryville statement suit or prosecution SUMNERS Suppose Supreme Court thing TILLMAN tion trial unequal United United States Reports violates wearing the uniform West Virginia Yick Yick Wo
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Página 25 - Though the law itself be fair on its face and impartial in appearance, yet, if it is applied and administered by public authority with an evil eye and an unequal hand, so as practically to make unjust and illegal discriminations between persons in similar circumstances, material to their rights, the denial of equal justice is still within the prohibition of the Constitution.
Página 13 - The constitutional provision, therefore, must mean that no agency of the state, or of the officers or agents by whom its powers are exerted, shall deny to any person within its jurisdiction the equal protection of the laws. Whoever, by virtue of public position, under a state government, deprives another of...
Página 8 - Court for any cause whatsoever, against any person who is denied or cannot enforce in the judicial tribunals of the State, or in the part of the State where such suit or prosecution is pending, any right secured to him by any law providing for the equal civil rights of citizens of the United States...
Página 18 - Whoever, by virtue of public position under a State Government, deprives another of property, life or liberty, without due process of law, or denies or takes away the equal protection of the laws, violates the constitutional inhibition ; and as he acts in the name and for the State, and is clothed with the State's power, his act is that of the State.
Página 8 - State court at any time before the trial or final hearing of the cause, stating the facts and verified by oath, be removed for trial into the next district court to be held in the district where it is pending.
Página 25 - State itself, with a mind so unequal and oppressive as to amount to a practical denial by the State of that equal protection of the laws which is secured to the petitioners, as to all other persons, by the broad and benign provisions of the Fourteenth Amendment to the Constitution of the United States.
Página 25 - For the cases present the ordinances in actual operation, and the facts shown establish an administration directed so exclusively against a particular class of persons as to warrant and require the conclusion that whatever may have been the intent of the ordinances as adopted, they are applied by the public authorities charged with...
Página 8 - State where such suit or prosecution is pending, any right secured to him by any law providing for the equal civil rights of citizens of the United States, or of all persons within the jurisdiction...
Página 11 - US 214, where the court said that "rights and immunities created by and dependent upon the Constitution of the United States can be protected by Congress. The form and manner of the protection may be such as Congress, in the legitimate exercise of its discretion, shall provide. These may be varied to meet the necessities of the particular right to be protected.
Página 9 - If such copies are filed by said petitioner in the district court on the first day of its session, the cause shall proceed therein in the same manner as if it had been brought there by original process; and if the said clerk refuses or neglects to furnish such copies, the petitioner may thereupon docket the case in the district court.