The sun. [volume] (New York [N.Y.]) 1833-1916, 1903-05-05

Prevent Negroes From vOting-The
Court Says Congress Has No Power
to Punish Bribery at state Elections.
WASHINGTON, May l.-The law enacted
to carry out in part the provisions of the
Fifteenth Amendment to the Constitution
by prescribing punishment for those who
by intimidation. bribery, or otherwise pre-
vented negroes from voting was to-day
declared entirely void by the Supreme
Court. A previous decision had declared
it unconstitutional so far as State elections
were concerned, and to-day's judgment
makes the invalidity apply also to Federal
elections.
Henry Bowen and others were arrested
, for bribing negroes to stay away from the
polls in the Congress elections of 1893
Bowen was released on n writ of habeas
corpus. the District Judge holding that as
the statute had been declared unconstitu-
tional so far as it applied to State elections,
it was also void as to Federal elections.
The Supreme Court affirmed this view, six
Justices concurrng in the majority opin-
ion, Justices Harlan and Brown dissenting,
and Justice McKenna taking no part in the
case.
The law was enacted in 1870 and provides
that Every person who prevents, hinders,
controls, or intimidates another from exer-
cising or in exercising the right of suf
frage to whom that right is guaranteed
by the Fifteenth Amendment to the Consti-
tuition of the United States, by means of
bribery or threats, or depriving such per-
son of employment or occupation, or of
ejectng such person from rented house.
lands, or other property. or by threats of
refusing TO renew leases or contracts for
labor. or by threats of violence to himself
or family" shall be punished by fine not
less than $500 and imprisonment of not
more than one year.
The Fifteenth Amendment says the
opinion of the court, which is by Justice
Brewer, relates solely to action by the
United States or by the States, and not to
individual action, rs had been decided
in several cases. The indictment in the
present case charged no wrong done by
the State of Kentucky or by any one act
ing under it's authority. Nor was it charged
that the bribery was on account of race,
color. or previous condition of servitude.
They were not bribed because they were
colored men, but because they were voters.
No discrimination on account of race,
color, or previous condition was. charged
A statute which ptifponed to'punish purely
individual action could not be sustained
as an appropriate exercise of the power
conferred by the Fifteenth Amendment
upon Congress to prevent action by the
State through some one or more of its
official representatives, and an indictment
which charged no discrimination on ar-
count of race, color or previous condition
of servitude was likewise destitute of sup
port by such amendment.
Referring to the contention that Con-
gress had ample power with respect TO the
election of members of Congress, Justice
Brewer says:
Congress has not by this section acted in
the exercise of such power. i is not leCisln-
ti"n IN respect to sert9nS OF tGdcrm 2 GllssrI
and il does not pnrpOrt TO punish bribery
Of amy voter. but simply those named in the
Fifteenth Amendment On it, face it is clearly
be conferred by the Fifteenth Amendment in
respect to all elections and not in pursuance
Of the general control by Congress over par
tcuar elections.
TO change this statute, enacted to punish
bribery OF persons nance IN the fit tet
furnishing bribery of any voter at certain
elections. would be in effect Judicial egisla-
the purpose with which 1t was enacted. and
making it serve another purpose. Doubt;
n n part and bad IN p sS the F@%%
that the legislative body would have enacted
We are fully sensible of the great wrong
do not question the power of Congress to
punish such offence when committed in ra
spect TO the election of Federal officers, At
t enm Tne s ts should csnpry de e" the
offence whh i nbp"d S S Rad 1hat
of the power of the legislative body enacting
H.
Congress has no power to punish bribery at
all elections The limits of its power are
in respect to elections in which the nation
is directly interested or in which some mandate
of the Con Institution Is disobeyed. and the courts
are not at liberty to take criminal statute,
broad and comprehensive in its terms, and
these terms beyond the power of Consress,
and change it to fl some particular trnnsnc-
ton which Congress mirat have legisated