Evening star., 1901-09-10
TO PUNISH ASSASSIN
Provisions Of Statutes Regarding
Conspiracies.
View OF TEE SOLICITOR GENERAL
Has a Conference With Attorney
General Knox.
EFFORTS OF ECTIVE S

Attorney General Knox returned to Wash
hgton this morning, having telegraphed
last night that the Presidents condition
was such as to warrant him coming away
from Buffalo. Immediately after arriving
at the Department Of Justice Mr.. Knox
sent for Solicitor General Richards and had
a long conference with him, during which
the attempted assassination of President
Mckinley apd what it is possible to do
with the assassin were discussed. While
the general opinion is that Czolgosz can
not be reached under federal statutes it is
believed that If there Isl any way to do it
Mr.. Knox and Mr.. Richards will find that
way
The latter went through the federal stat
utes yesterday and found two sections of
the law which might apply in case it is
found that there has been conspiracy.
These are sections 55OS >ssd-550Q. The law
was passed in 1870, and was intended to ap-
ply to the elective franchise and civil rights
of citizens Mr.. Richards, who is one of
the best lawyers In the country and was
attorney general of Ohio when President
Mckinley was governor, firmly believes
that the law can be made to apply to Czol-
gosz if it can be proved that there was a
conspiracy. The two sections named are
as follows:
To Punish COnspiracy.
Section 55OS-If two or more persons
conspire to injure, oppress, threaten or in
timidate any citizen in the free exercise
or enjoyment of any right or privilege
secured to him by the Constitution or laws
of the United States, or because of his !,av-
ing so exercised the same: or If two or
more persons go In disguise on the high
way, or on the premises OF another. with
intent to prevent or hinder his free exer-
else of enjoyment of any right or privilege
SO secured, they shall be fined not more
than 5000, and imprisoned not more than
ten years; and shall moreover be thereafter
ineligible to any Office or place Of honor,
profit or trust, created by the Constitution
or laws of the United States.
Section 5509-If In the act of violating
any provision in either of the two preced-
ing sections any other felony or misde-
meanor be committed, the offenders shall
be punished for the same with such pun
ishment as is attached to such felony or
misdemeanor by the. laws of the state in
which the offense: Is. Committed"
Discussing the Statutes.
Speaking of section sos, Mr.. Richards
said to Star reportert "In the case of
Logan against the United States, IA U. s.,
page 26s, the Supreme Court of the United
States held that a citizen of the United
marshal has the right to be protected by
the United States against lawless violence.
This is a right secured to him by the Con-
stitution, and conspiracy to murder the
marshal was held punishable under Sec
tion 550S In the recent case of Notes
against the United States, decided In May,
1900, a conspiracy to murder citizen who
gave the government information respect
ing the violation of the. internal revenue
laws. was held punishable under this sec
ton. 1t is noticeable that this conspiracy
was carried out. Thompson was murdered.
and the conviction of Notes for this muir
der under sections 5jO8 and 500 was sus-
tained. Obviously the President, In the
exercise of his Office as President. is en-
joying a right and discharging a duty Sc
cured and imposed by the Constitution. and
conspiracy to murder him because he is
President is punishable under these Sec
tions."
Prison Allowance.
The punishment under the conspiracy
clause is ten years, and this Is about the
same penalty that the New York laws pro-
vide against the criminal Federal prisoners
are sent to whatever prisons the judges and
the Department of Justice designate. Allstate
prisons. and federal prisons also, provide
time allowance for good behavior. This al
lowance in New York is considerable. If
Czolgosz could be convicted under the Sec
tions mentioned and sentenced to ten years
he could be sent to whatever prison the
shortest time allowance was given. so as
to make his sentence as long as possible.
The fine of $1,000 would not lengthen his
sentence
In Buffalo the state authorities are talk
ing of indfcting Czoigosz on five or six sep
arate counts. These counts would include
carrying concealed weapons and threatened
assault against the men who bore him to
the floor and disarmed him. The total i'm
prisonment on all these Counts could be
made almost thirty years.
Trying to Discover COnspirators.
The secret service and the police officials
in nearly every city In the country are in
vestigating closely the matter of a con-
spiracy in the shooting of the President
and 1t is felt that If there was consprir
acy the facts will be unearthed. In case
this is shown the Department Of Justice
may proceed against Czolgosz and his fell
low-conspirators under the sections men,
toned.