New-York tribune., 1908-01-14
SOUTH LOSES In HOUSE.
OLD LAWS RETAINED.
Echo of Reconstruction Period in
Debate on Penal Code.
TFrorn The Tribune Bureau.l

IFrom The Tribune Bureaul
Washington, Jan 13.-An echo of the recon-
struction period was waited back over forty
wears 10 the House of Representatives this after
noon. when certain Southern Democratic mem
bers with firm assurances that all sectional feel
ing had died away, asked for the repeal OF those
penal laws which. they asserted. were relics of
the carpetbag days. The laws in question
those of the Penal Code. which is being codifed
and revised. dealing with the selection of jurors
and with the attitude toward oficeholders in
various states
Although the majority assured by several
Democratic speakers that these laws were obso-
lete and unnecessary statements of such con-
Trajectory character almost Immediately followed
that the Republicans, the advice of Repre-
sentative Moon, Of Pennsylvania, chairman c.
the revision committee, and Representative Hep
burn Of Iowa. voted TO retain the laws in the
code.
Representative Hepburn. in reply to a fiery
speech Of Representative Hardy, Of Texas, who
demanded the repeal of the laws on the ground
that the South was able TO solve its own prob
lens summed up the attitude of the majority
with the statement that so long the spirit
Of the laws lives the letter lives" and an
example that the spirit lives he cited the re-
cent campaign of Governor Vardaman OF Miss
issippi for the Senatorship a platform that
asked for the repeal of the Fifteenth Amend
ment
in concluding he paid high tribute to Repre-
sentative Williams. who defeated Governor Var
danan by small majority, and who answered
Representative. Hepburn in a speech in which
he defended his constituents by pointing out the
many good qualities Of Governor Vardaman
and minimizing the Importance of that plank in
his platform dealing with the Fifteenth Amend
ment
GOOD PROGRESS MADE.
The House made good progress in its revision
to-day, having reached the forty-third section
OF the code at adjournment. Consideration OF
this bill was made the unfinished business" in
the Senate. and the first reading OF the bill was
completed before the upper house adjourned
When the debate opened in the House MIR. De
Almond, OF Missouri, expressed the view that
the powers given to federal judges in certain
cases should be curbed- He said he favored
giving them just little option and just
little absolute power possible. He then Of
fered an amendment to Section 30 Of the bill.
relating to eonspiracies 10 intimidate govern
n1ent officers, by changing the fine to not less
than $500 and Imprisonment, with or without
hard labor Of not less" than six years, or both
The original provision calls for a fine Of not
more" than 5000 and not more than six
years Imprisonment.
was lost. Mr. Williams then moved TO strike
out the whole section, renarking that it was
put the statute books TO meet the Ku-Klux
conditions Of reconstruction days. The mo-
ton was lost. ia to I29.
MI De Armond sought TO amend by fixing
the fine at not more than 81. 000 instead of
$1,000. and the Imprisonment not more than
year, instead of six years This amend
raent was lost 107 to lis.
Section 81. on motion of Mr.. Webb, of North
Carolina, was amended SO as 10 limit the pun
ishnent therein prescribed to persons who
''willfuly'' subject inhabitants of any state or
territory TO the deprivation Of any rights guar
anteed under the Constitution laws of the
United States, or 70 peculiar punishments be-
cause such inhabitant is an alien, or because
Of his color race.
Opposition 10 Section %, prescribing penal
ties for attempts disqualify for jury service
any citizen on account OF race OF color, came
from Messrs. Hardy. of Texas. and Bartlett. of
Georgia The latter moved TO amend by strik-
ing out the clause applying the statute TO juries
in state courts. Both declared that the section
as framed was a usurpation OF states rights
The arguments were vigorously combated by
Nj Moon, who remarked that the section as
II stood represented the action Of Democratic
Congress and a Democratic President, who had
declared that the law good
HEPBURN IN TILT WITH WILLIAMS.
Taunting the Democrats with their slogan,
Equal rights for all, special privileges for
none MI Hepburn inquired why they at this
time precipitated debate the subject upon
the plea that there longer necessity for
such legislation He spoke of the popularity
and of the ability of Mr.. Williams adorn the
Senate, and yet, he said, that gentleman had
triumphed by small margin sOver Governor
Tardaman. who made his campaign upon the
proposition Of repeating the constitutional
amendments and taking from a large class Of
citizens all of the rights of their citizenship"
Mr williams said Mr.. Hepburn was mistaken
tn his understanding of the causes Of his re-
duced majority in the Senatorial race Nobody
in Mississippi, he said, had any idea that Gov
ernor Vardaman could repeal the Fifteenth
Amendment TO the Constitution. but Governor
Vardaman's strong race was because of his
uopulariry in the state. his personality and his
good record as Governor. He asserted that no
one should attempt 10 make 1t appear that
federal legislation should TX the qualifications
OF 2 Juror in a state court He had never
stood for The idea and he never would,
After Messrs Hardy Of Texas: Houston, Of
Tennessee. and Bartlett. of Georgia. had spoken
il favor of Mr Bartletts motion Mr. Driscoll,
Of New York assailed the Democrats for at
tempting 10 take away from the negro his
rights as citizen. The vote being taken, the
motion was lost. "a 90. was also motion
by Mr Hardy 10 strike out the whole section.
An amendment of Mr.. Webb of North Caro-
Ina 10 prohibit the presence Of federal troops
st state elections except when they were called