The Dawson news. (Dawson, Ga.) 1889-current, 1904-10-19
INVOKES CONGRESS
Judge Jones Suggests Higher
Law for Lynchers
IN GRAND JURY CHARGE
The Federal Government Has Power
to Punish Where state Fails.
Charge Creates Something Of =
Suspicion.

Judge Thomas G. Jones, of the
United States court of the northern
district of Alabama, charged the
newly organized jury ct Huntsville
Tuesday in deliverance which has
been received in the nature of a sen.
sation.
His charge occupied the attention
of the jury for nearly two hours and
deals largely with the question of
congressional legislation for the pro-
tectiop of prisoners against state
moba.
Judge Jones instructed the jury to
investigate the recent Naples lynch
ing with the view OF ascertaiaing if
any offenses had been committed
against the laws of the United States
by the mob that Iynched Horace Ma
pies
It is understood that the grand jury,
composed of citizens of north Ala
bama. will take up the matter vigor-
ously.
Among other things Judge Jones
said:
Lately, as the court knows from
common knowledge, as we'll as from
reuorts of its officers, a mob gathered
in stones throw of this room, and
in insolent defiance of the judges and
laws of our state, and with studied
insult and contempt for its civil and
military power which sought to pro-
tect the Huntsville jail, assaulted the
assembled forces of the law at their
post of duty there. 1t broke down
the doors of the jail, set it on fire, re.
sisted efforts to put out the flames.
States in their endeavors to remove
United States prisoners from their
cells to place of safety. This fren-
zied and savage work was done that
Horace Naples, a negro, citizen &
Alabama and the United States, who
was there confined to be safely kept
to answer the laws of the state of Ala
bama upon charge of murder,
should not be so kept and disposed Of
according to law, but instead, should
be delivered to the mob and lawless-
ly put to death.
The question comes unbidden to
your lips, have you any duty to per-
forUl with reference to these offenses?
The answer involves inquiry wheth-
er congress has power to punish SUCH
an Offense, and if so, has it exercised
that power by appropriate legislation?
The great importance Of the princi-
pies involved and the value of right
understanding of them demand that
the court should give at length the
reason o. the law as well by the law
itself, that you may the better un-
derstand how to apply 1t.
If congress has the power now to
punish the offense in any phase of it.
that power must be found in the thir-
Jeenth and fourteenth amendments to
the constitution of the United States.
Is it contained in either or both?
The thirteenth amendment pro-
vides: |. Neither slavery nor invol-
untary servitude, except as punish
ment for crime whereof the party shall
have been duly convicted, shall exist
in the United States, or aAy place
subject to their jurisdiction.
The fourteenth amendment pro-
vides: All persons born or natural
lied in the United States, and subject
to the jurisdiction thereof, are citi'
zens of the United States and of the
state wherein they reside. No state
shall male or enforce any law which
shall abrdge the privileges or i'm
munitieg of citizens of the United
States, nor shall any state deprive any
person Of life, liberty or property
without due process of law; nor deny
to any person within it's jurisdiction
the equal protection OF the laws.
Congress- is empowered ito enforce
each of these articles by appropriate
legislation.