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Punishment for the Crime of Lynching

HEARINGS

SC BOOMMITTEE OF THE
COMMITTEE ON THE JUDICIARY

UNITED STATES SENATE
SEVENTY-THIRD CONGRESS

SHOUND SESSION

S. 1978
A BILL TO ASSURE TO PERSONS WITHIN THE JTRISDIC-
TIOS OF EVERY STATE THE EQUAL PROTECTION
OF THE LAWS AND TO PCXISH THE

CRIME OF LINCHING

PART 1
FEBRUARY 20 AND 21. 1934

Printed for the use of the Committee on the Jadiciary

UNITED STATES
GOVERNMENT PRINTING OFFICE

WASHINGTON : 1934

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FREDERICK VAN NUYS, Indiana, Chairman PATRICK MCCARRAN, Nevada

GEORGE W. NORRIS, Nebraska WILLIAM H. DIETERICH, Illinois

WARREN R. AUSTIN, Vermont

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PUNISHMENT FOR THE CRIME OF LYNCHING

TUESDAY, FEBRUARY 20, 1934

UNITED STATES SENATE,
SUBCOMMITTEE OF THE COMMITTEE ON THE JUDICIARY,

Washington, D.C. The committee met, pursuant to call, at 10:30 a.m., in the caucus room, 318 Senate Office Building, Senator Frederick Van Nuys presiding.

Present: Senators Van Nuys (presiding), McCarran, and Dieterich.

Present also : Hon. Robert F. Wagner, a Senator from the State of New York; Hon. Edward P. Costigan, a Senator from the State of Colorado; Hon. Hamilton F. Kean, a Senator from the State of New Jersey; and Hon. Thomas F. Ford, a Representative from the State of California.

Senator Van Nuys. The committee will be in order. As is perhaps well known, we have met this morning for a public hearing on the bill S. 1978 to assure to persons within the jurisdiction of every State the equal protection of the laws, and to punish the crime of lynching. A copy of the bill will be inserted in the record at this point.

The bill (S. 1978) to assure to persons within the jurisdiction of every State the equal protection of the laws, and to punish the crime of lynching, introduced by Mr. Costigan and Mr. Wagner on January 4, 1934, and referred to the Committee on the Judiciary is as follows:

(S. 1978, 73d Cong., 2d sess.)

A BILL To assure to persons within the jurisdiction of every State the equal protection

of the laws, and to punish the crime of lynching

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the phrase "mob or riotous assemblage", when used in this Act, shall mean an assemblage composed of three or more persons acting in concert, without authority of law, for the pur. pose of depriving any person of his life, or doing him physical injury.

SEC. 2. If any State or governmental subdivision thereof fails, neglects, or refuses to provide and maintain protection to the life or person of any individual within its jurisdiction against a mob or riotous assemblage, whether by way of preventing or punishing the acts thereof, such State shall by reason of such failure, beglect, or refusal be deemed to have denied to such person the equal protection of the laws of the State, and to the end that the protection guaranteed to persons within the jurisdictions of the several States, or to citi. zens of the United States, by the Constitution of the United States, may be secured, the provisions of this Act are enacted.

SEC. 3 (a) Any officer or employee of any State or governmental subdivision who is charged with the duty or who possesses the power or authority as such officer or employee to protect the life or person of any individual injured or

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