The Montgomery advertiser., 1901-10-16

In view of the stand of the Democratic rartv for white supremacy in the present camna,rr. the following address issueo ,n 1874 hv the State Democratic Execu- five Committee of which Walter l.. brass { was Chairman will be of cspeciai ih'ercs' at this time;
 We present the following facts for your
 Mr. Charles Sumner. of Massachusetts. at his death, left as legacy !" As party, the following bill: s o,hs,
 Section l. That all citizens ana olMe. persons within the Jurlsniesi1m Jstt1sd to the full and equal enjoyment of the accohno;Ei fiona Advantages, facilities ana pINIs leges of inns, public conveyances on ,a,aI at and water. theatres and other paSnmon pIaS m public amusement, and also Of common common schools and public institutions oL N % nr ing or benevolence, supported n wh oame. part by general taxation, ana or ,rstit.- cs teries so supplied and also the lns'isu- eu- tions known as industrial colleges en- dowed by the United States, suolect S S the conditions and limitations estanisnea by law and applicable alike .o sIaas Ga.1e nf of every race and color, regaroiess oi any previous condition Of servituoe. d
 Sec. 2. That any person who shall Vio- late the foregoing section by aenyins uo any person entitled to its benents' eAceps for reasons by law applicable to citizens c of every race and, color, ana resaiitud of any previous condition Of servltuIe' the full enjoyment Of any acconiia tons, advantages, facilities or priVlieSes in said section enumerated, or netting such denial, shall for every such oHense; forfeit and pay the sum Of nve nunofeu n dollars to the person aggrieVeo .nssous- as to be recovered in action on the case. with full costs, and shall also TOT every such offense be deemed guilty or a ms, derneanor, and upon conviction tnereoi shall be fined not less than one tnou sand dollars, or shall be imprisoned not more than one year; provided, that tne party so aggrieyed shall not recover more than one penalty; and 1T the onense is refusal of burial, the penalty may De re covered by the heirs at law or the per son whose body has been refused burial; and provided, further that all persons may elect to sue for the penaity aiote said, or to proceed under their rights at common law and the State statutes, ana having so elected to proceed Tn the one mode or the other their rights to pro ceed in the other jurisdiction snali pc barred; but this provision shall not ap- ply to criminal proceedings eitnsr snaer this act or the criminal law or the State.
 Sec. 3. That the District and Circuit Courts of the United States shall have, exclusively of the courts of the several States, cognizance of all crimes and or fences against the violations or tnis act and action for penalty given by the pre. ceding section may be prosecuted Tn tne territorial, district or circuit courts or the United States. wherever the oeleh- sdant may be found. without regard 10 tne other party and district astSrnessi S .Ss fin,tsd States and commissioners appointed oy the circuit and territorial courts of the United States. with powers of arresting against the laws of the United States. are hereby specially authorized ana re- quifed to institute proceedings against every person who shall violate the pro visions of this act, and cause him to be arrested and imprisoned or bailed, as the case may be. for trial before such court of the United States or territorial court as by law has cognizance ot tne offense, except in respect of the right or action accruing to the person aggrieveo, and such district attorneys shall cause such proceedings to be prosecuted to their termination as in other cases; pro- yided that nothing contained in this sec ton shall be construed to deny or defeat the civil action accruing to any person by reason of this act or otherwise;
 Sec. f. That no citizen, providing ne meet all the other qualifications which are or may be prescribed by law, snail be disqualified for services for grand or petit jurors in any court of the United States or of State, on account of race, color, or previous condition or servltuoe; and any officer or other person, charged with any duty in the selection or sum m0ning of jurors. who shall exclude or fail to summon any citizen for the cause aforesaid, shall be deemed guilty Of a nisdeEneanor, and fined not more than
 Sec 5. That all cases arising under the provisions of this act in the courts of the United States. shall be reviewable by the Supreme Court of the United States. without regard to the sum In controversy, under the same provisions and regula- tons as are now provided by law for the review of other cases in said court.
 It will be seen that this bill on US race; provides (Seetion D that all citizens and other persons shall be entitled to the full and equal enjoyment Of the accommo- dations. advantages. facilities and privi- schools. supported in whole or in part by public taxation" etc. The plain meaning of this language is that any child, white or black, being entitled to go to all schools. may go to any school
 This was so clear that MT. Sargent of California, who is a Republican, offered. when the bill was before the United States Senate, an amendment. as fol- lows:
 Sargeant's Amendment.
 IN SENATE, Friday May 22 1874.
 Civil Rights.
 Mir. Sargeant-I now move the amend ment of which l gave notice this after noon. It is to add to the first section the following proviso:
 Provided, That nothing herein con- any State or School District from pro- yiding separate schools for persons of different sex or color. where such separ- ate schools are equal in all respects to others of the same grade established by such authority, and supported by an equal pro rata expenditure of school funds
 MT. Edmunds-On that question I ask for the yeas and nays.
 The yeas and nays were ordered. and the Secretary proceeded to call the roll, suit was announced-yeas, 21; nays. 26; as follows
 Yeas--Messrs Allison Bogy, Foreman Conover. Cooper. Davis, Hager Hamil- ton of Maryland, Johnson, Morrill, of Maine. Norwood, Ransom, Sergeant. 6auisbury, Scott, Stewart and Stock ton-21.
 Nays-Messrs Alcorn, Boutwell,. Buck ingham, Carpenter Conkling. Edmunds, Flanagan. Frelinghuysen. Hamlin Har- vey, Howe, 1ngalls, Mitchell, Morrill, of