The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1874-09-24

4
nat more than one thousand dollars, or
shall be imprisoned not more than one
year: Prorided, That the party aggrleyed
shall not recover more than one penalty
and when the Offense is refusal of bu-
rial the penalty may be recovered by the
heirs at law of the person whose body
has been refused burial And prorlded
further. That all persons may elect to sue
for The penalty aforesaid or to proceed
under their rights at common law, and
by State statutes; and having so elected
no proceed in the one mode or other,
their right To proceed in the other juris-
diction shall be barred. But this proviso
shall not apply to criminal proceedings,
either under this act or the criminal law
of any State. E.
SIC. 3. That the District and Circuit
Courts of the United States, exclusive OF
the Courts of the several States, cogni-
zance of all crimes and ofienses against
and violations of the provisions OF this
act; and actions for the penalty givel4 by
the preceding section may be prosecuted
in the Territorial, District or Circuit
Courts of the United States wherever
defendant may be found, with regard to
the other party. And the District At
torneys, Marshals and Deputy Marshals
of the United States, and Commission
ers appointed by the Circuit and Terrific
rial Courts of the United States, with
powers of arresting and imprisoning OF
bailing offenders against the laws OF the
United States, are hereby specially au-
thorized and required to institute pro-
ceedings against every person who shall
violate the provisions of this act; and
cause him to be arrested and imprisoned
or bailed, as the case may be; for trial by
| such Court Ofthe United States or Terri
torial Court AZ by law has cognizance of
the ofIense, except in respect of the
right of action according to the person
aggrieved; and such District Attorneys
shall cause such proceedings to be prose-
cuted to their termination, as in other
cases: Pr0rided, That nothingin this sec
ton shall be construed to deny or defeat
any right or civil action accruing to any
person whether by reason of this act or
otherwise.
SEC. 4. That no citizen possessing all
other qualifications which are or may be
prescribed by law, shall be disqualified
| ior service as grand or petit juror in any
Court of the United States, or in any
State, on account of race, color, or pre-
vious condition Of servitUde; and any
officer or other person charged with any
duty in the selection or summoning Of
Jurors who shall exclude or fail to sum
mon any citizen for the cause aforesaid,
shall. on conviction thereof, be deemed
guilty of misdemeanor, and be fined
not more than one thousand dollars,
SEC. .. That all cases arising under the
provisions of this act in the Courts Of
! the United Sta es shall be renewable by
the Supreme Court of the United States,
without regard to the sumin controversy
under the same provisions and regulu-
tions as are now provided by law for the
review Of other causes in said Court.
Mr.. Thurman moved to strike out the
second section, which was disagreed to
yeas, 10, nays, 80:
Yeas-Messrs. BogB Cooper, Daris,
HagT, Hamilton, Of Maryland, Johnston,
Kelly, McCpab MeTimOR, NOrUOOd, Ran
som, SALISBURY, &OcGtOa-l3.
! Nays-Messrs. AlCorn, Allison, Bout
well, Buckingham, Carpenter, Conklin,
Conoyer, Edmunds, Flanagan, Frelng-
huysen, Hamlin, Harvey, Howe, Ingalls,,
Mitchell, Morrill,, Of Maine, Morrill,, Of
Vermont, 0glesby, ]. j. Patterson, Pease,
Pratt, Ramsey, Robertson. Sargent, Scott,
Spencer, Stewart, Wadleigh, Washburn,
West, Window, Wright-32.
Mr.. Sargent moved to amend the
amendment by adding to the first section
the following
ProIded, That nothing herein con-
tanned shall be construed to prohibit any
State or school district from providing
separate schools for persons of different
sex or color, where such separate schools
are equal in all respects, to others of the
same grade established by such authority
and supported by an equal pro rata ex-
penditurc Of school funds.
Disagreed tO-yeas, q, nays, 26:
Yeas-Messrs. Allison, BOgy, BOreman,
COnover, Cooper, Davis Hager, Hamilton,
of Maryland, Johnston, Kelly, Logan, Ne
Creery MerrimOn, Morrill,, of Maine, Nor
rood, Ransom, Sargent, SatdsJtTy, Scott,
Stewart. Siockton-2l.
Nays-Messrs. Alcorn, Boutwell,, Buck
ingham, Carpenter, Conklin, Edmunds,
Flanagan, Freelinghuysen, Hamlin,
Harvey Howe, ingalls,, Mitchell, Nor
rill, Of Vermont, 0glesby, J. ]. Patter-
son, Pease, Pratt, Ramsey, Robertson,
Spencer, Wadleigh, Washburn, West,
! Window, Wright-2G.
Mr.. Johnston moved to amend the
amendment By striking out Of section
one the words, "and also common
schools and public institutions Of learn
ing or beneyolenco, supported, in whole
or in part, by general taxation
Disagreed to--yeas, ii, nays, 30:
Ycas-1lessrs. Bogg Boreman, C0g0sr,
Darts, HGger, HamHon, of Maryland;
Johnston, KEN. Mtt3ary, Marim0n, Nor
lc0Od, Ransom, Sdul8blug, SiocktoR-l4.
Nays-Messrs. Alcorn, Allison, Bout
well, Buckingham, Chandler, Conklin,
COnoyer, Edmunds, Flanagan, Free
linghuysen, Hamlin, Harvey, Howe,
ingalls,, Mitchell, Morrill,, of Vermont,
Oglesby, J. j. Patterson, Pease, Pratt,
| lhdlilbtgY lNDDNlAcDll3 DCbLlf GDtlttli
Stewart, Wadleigh, Washburn, West,
Window, Wright-30.
Mr. Hamilton, Of Maryland; moved
to strike out the fourth section of the
bill, which refers to the election Of
jurors.
Disagreed to-yeas, Is, nays, 20.
Yeas-Messrs. Boqy, Carpenter, Coopen
Davis, Hdger, Hamilton, of Maryland,
Johnston, Kelly, AcCreery, AerimOn, Nor.
rood, Ransom, Sargent, SauLsbury, Stockton
-l5.
Nays-Messrs. Alcorn, Allison, Bout
well, Buckingham, Conkling, Edmunds
Flanagan, Freelinghuysen, Hamlin
Harvey, Howe, Ingalls,, Mitchell, Morrill,
of Vermont, 0glesby, j. ]. Patterson
Pease, Pratt, Ramsey, Robertson, Scott
Spencer, Stewart, Wadleigh, Washburn