The Birmingham age-herald., 1904-10-21

and that he delivered the charge for the welfare of the state. They say that he regrets that he is unable, on account of his judicial position. to answer some of the attacks on him made in political speeches.
 Case of Horace Naples.
 It will be remembered that Judge Jones took the position that Horace Naples a negro, was lynched by a mob of white men, and calls attention to the fact that | if he had been white man, 1t Is likely that the law would have been allowed to take its course. If the mob lynched Naples simply because he was a negro, it is arr | gued that the members thereof violated the thirteenth amendment to the United States constitution, and are therefore liable to indictment by federal grand juries. In other words, It Is a novel idea of reaching such crimes through the United States courts, which have heretofore been deemed practically impossible.
 Lawyers who agree with the position taken by Judge Jones give their views in substance as follows:
 Substance of Views.
 l The case of a citizen being taken out of the hands of the state, which is trying to afford him due process of law, when accused of crime, and putting him to death to prevent his having the right, differs in a constitutional sense and con- sequence from any other act of mob vio- lence. The citizen had a right or im- munity under the constitution to have the state afford him that protection, and when men conspire to prevent the citizen from being afforded that right they come within section 550S of the revised statutes for depriving a citizen of the right se- cured to him by the constitution of the United States.
 The kuklux, as many will recall, when they started out were inspired by good | purposes though effected illegally, but they became plaques to the people and bands of murderers Finally in Harvey vs. United States, 106, U. s., the supreme court held the statute about going In disguise on highways etc, to be uncon- stitutional, since 1t was so broad that 1t covered assaults to deprive of rights de- pendent purely on state laws, as well as those derived directly from the constitu- tions. They never so intermingled that the courts could not separate them.
 Supreme Court Reasons.
 One of the reasons given by the supreme court for holding that the statute was not justified by the Thirteenth amend ment was that under it "mob of white: could be indicted for injury to wht' man. or "a mob of negroes for injury t' a negro" etc. That difficulty does no arise In the Huntsville cases, nor was tn question presented in any of the eases whether hanging a man when the stat was trying to protect him. on accusatio of crime, to prevent him having the pro cess of law, fell within section 550S Th supreme court was careful to state tha that was not the case they were deciding Every lawyer who has studied or know anything about the jurisprudence Of tn United States knows that congress ha by no means exhausted its power to pro tect the right of American citizens GnC every Alabamian Is made a citizen of thu United States as to matter -o: which tho constitution of the United states pro yides. Some of the best judges and law yers In the United states have TO doub that the supreme court will hold that th' present legislation section 55JS. covers tn case of taking q man from the authorl ties and putting him 10 death to preven his having a trial, regardless of an. question of race-because it depr!ves hin of the enjoyment of an immunity-th constitution confers upan him es citi zen of the United States. Much interest ing information on this subject can b gotten by reading the supreme court dc cson In ex parte Virginia 100, U. s., 3i5