The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1903-01-04
Southern Members Of CongiPss
Condemn President for C|os1
ing Ind'ano|a Office
SUCH A STEP WITHOUT !
LAW OR A PRECEDENT
Has No More Right to Close Up Tha
Office Than He Would to De-
prive People of New York
of Their Mail.

Washington, January S.-(Special) :
President Roosevelt's action In the In
dianola, Miss, postoffice case is regard
ed by southern members of congress to-
day as closely bordering upon the out
rageous. The idea of closing up post
office and denying to the citizens of a
town the use of the United States mails
simply because a few men have scared
the negro postmaster out of the office
hardly seems credabe. If case can be
made against those who have intimidated
and threatened there would be no objec-
tion to legal prosecution, but to make
a whole community suffer on account of
the action of few members of the So
called "lawless element passes the un-
derstanding of the southern members.
Unquestionably the President had no
more right to practically discontinue
the Indianola postoffice than he would
to close up the New York city postoffice.
Had a similar case arisen in the latter
city, the President would have promptly
designated some one to act in the post
masters place and this is what he should
do in the smaller Mississippi town.
Creates Wrong Impression.
The White House statement also tries
to make it appear that the postmaster
has the support of citizens of high stand
ing in the community, but a Mississip-
plan in the city tonight, and one who
ought to be familiar with conditions
there, says that there is practical unani-
nifty among the white citizens for the
appointment of a white postmaster asI
the papers on file at the department will
show.
No information could be obtained from
| the department of justice today as to
what action, If any, is contemplated by
| the attorney general. 1t is stated at the
department that the papers have not yet
reached the department. though they
were referred yesterday. An official of the
department said this afternoon that he
accordingly possessed no information on
the subject. Based on newspaper reports,
however, he believed the department could
| clearly take action under section 551S
| of the revised statutes. IT, therefore,
decision to prosecute the case is reached,
| he believed the course of procedure on
| the part of the attorney general would
! be to refer the matter to District Attor-
| trict with instructions to investigate, and
| If the facts brought out disclosed a viola
tion of the statutes, as is alleged in the
| White House statement, then his duty
| would be to turn the case over to the
grand jury.
Law In the Case.
| The section of the Revised Statutes un-
| der which prosecution would be made is
| as follows: IF two or more persons In
| any state or territory conspire to prevent,
| by force, intimidation or threat any per-
son from accepting or holding any office
| or place of confidence under the United
| States government or from discharging
! any duties thereof; or to induce by like
| means any officer of the United States 10
| leave any state, district or place where
| his duties as an officer are required to be
| performed, or to injure him in his per-
son or property on account of his lawful
| discharge of the duties of his office, or
while engaged in the lawful discharge
thereof, or to injure his property so as
to molest, interrupt, hinder or impede
| him in the discharge of his official duties.
| each of such persons shall be punished
| by fine of not less than five hundred
dollars nor more than five thousand dol
| lars or by Imprisonment. with or without
| hard labor, not less than six months nor
more than six years, or by both such fine
| and Imprisonment"
| 1t Is expected that the attorney general
\ will next week take the matter up IL the
President insists that his action In depriv-
| Ing the residents of the town the use of
| the United States mails is not sufficient
punishment for their unwillingness to
tolerate negro woman as postmaster.