The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1901-12-21
SOME VIEWS AT WASHINGTON

Representative Moody nl providing Tor reuerai
ton over the crime OF YncnnR III easy, "!e'e M
refused by inc 9'a'e Is oelis a'He,eu -, '"e S;bs
Ve'ei'O'e iio'a, , ~ ' l -, - ~. ,t,oro
the time the Di was hISt lhlrouuCeu III t'ie "o'e ~
was possD'N II "ot p'9oa"'y oi NV e tI
iouna TO NC ulooisl''"''o'd'' "' "e % % =.
Is supporting II III very de''Ve manner WouiG ee' - -
o"'1 'Ha' "'' ,iues',oP ~ ; ~ 80 80. r
very horous'y anu WIZ" lesu''s i'No''e ~ '
the Din senator Hoat chairman oi W eiiH'
committee ana Is coIslueicu al auioiy W' I
matters lie must not DC regarded as ,il
1t Is entirely WITHIN the oouuS Oh inc poSsioe ' III" O
VIII be attacked on eohsltutona' Eoulus wig" .1 '0
tees take 1t up ING uH in'oooceu ny WI .oouy Se'i" ~
have reference to the ynchng OF eoioeu czehS aloe @
Senator Hoa takes broader view OF the matter 1t appears
and considers the question of ynehing as whole
10 must be admitted by an respeeerS ana uPIoiueIs "
is commendablc one. 1t the purpose of the writer
hereof discuss the question of constutionaty but
might be amss call attention to some OF the beneficial
results which might follow proper application of law
based the it possible to so make the appi-
caou avoid conflict with State laws
OF course, any attempt to apply such a law would meet
with obstacles All cases would of necessity be tried
IN e judicial jurisdiction in which the crime was committed
me constitution is very clear that point A defendant
may change of venue, but like privilege is denied
the prosecution As result Of this fact although the enact
mcut of aw based ON the Moodytoar idea would bring all
coming under its scope into the Federal courts from
of the State courts the local influences would be
,n evidence and it is extremely doubtful if they could be
overcome 10y the provisions with which Senator Hoar
and Representative Moody seek to circumvent them These
provisions TO the effect that county in which lynch
ng occurs to be subject to forfeiture of not less than
$1,000 nor more than $4,000 which may be recovered by
action therefor the name Of the United States every State
or municipal officer who fails to make reasonable efforts to
prevent Auchng or who fails to prosecute ynchers IS to be
deemed guilty OF an ohenSe against the United states and
w beng convicted OF the charge IS to be punished by nm
exceeding $1,000, by both fine and imprisonment any
officer who allows prisoner to he taken away from him and
yuched to be subject to the same penalty and all persons
who have participated in ynchlngs who have expressed
themselves as tayorne ynchngs are to be disqualified IN all
trials under the proposed act Any person participating IN
yucmng IS to be deemed guilty of murder and liable to
ta and punishment Tor that crime III any Federal court
/ having Jurisdictions
Inc FOCAL lh'uehccs "ouu cause inc uouD'e' EVeh
though were possible to secure change OF venue to some
PH'e remote from lne scene OF me possibly 10 an
o'eer S'alst would Si ne dHct TO get at the facts IN
'e case ON account oil inc convenient memories OF Witnesses
ana o'ne' ike IeaIes nese eAtureS oil course would ne
al" the more prominent IN ai IN court not Tar distant
"",he place where the crime was committed Inc Federal
courts nave attempted 10 hg about convictions IN at least
one yn'"Hs case jurisdiction having been given them by
& ''' "' t''5 On 5'0'eU "'' ''Sio postmaster ana
""' me laws give feaerai courts jurisdiction over crimes
'"'.' against e'I'' o'""'S "'s" j" u'e oi9chafee oil
le" d'' a number OF mdcFm'n" were secured but none
inc men odcled were ever convicted The testimony was
NOT t to convict most OF the witnesses being very un-
certain as TO the facts VA the case This would seem to indi-
Gaze "' inc f'a' courts would nave the same difficulties
To overcome as arc encountered by the state courts On the
other hand there are cases on recodnotahy that of the
famous y"'""E M inc ua"''Oe oar district near Athens
Iexas-n which State courts were able to convict and
"'e inc leaders among those who committed the crime
However the people concerned IN the Athens ynching
" "'' mere are not many instances on record II any in
when convictions have followed trials OF persons accused of
F"ehhs negroes.
-
however all TINS may BE- the tact remains that the funda
' oI' SouSn 10 DC attained by Senator Hoar and Rep
eSentat've Moody is commemorate 1t may be- how
ever at ne 0' being iathered by these gentlemen do
o'ne the proper course OF procedure and that such
Ia" as Is contemplated by them should be placed on the
statute DOCKS the only result would be increased irritation