The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1908-01-14
RESTRICT PENALTY
TO W|LFuL DENIAL
House Adopts an Amendment
Affecting Southern Suffrage
Laws.
Times Dispatch Bureau,
Munsey Building,

Il
has taken thus fur this session, GER
.tainly so far as the South is concerned,
was taken this afternoon, when the
House, in committee OF the whole.
amended section II Of the penal code
SO as to provide that where any State
official .wilfully" denies any citizen
hia rights Under the Federal Constltu-
ton he shall be deemed guilty of a
niisdemeanor and sentenced to not less
than one years imprisonment.
The amendment Is of great interest
In the south, where election registrars
have frequently been prosecuted for re-
fusing to all low negroes to register
because they could not qualify under
the provisions OF the State Constitu-
ton,
Representative Webb, of North Car
olina, proposed the amendment of the
"wilfully," and 1t was adopted without
dissent. 1t is believed that the ma
Jortty did not appreciate the signif-
fance or the amendment.
Representative Webb said tonight
that IN North Carolina alone In 1901
thirty-odd election officers were In
dicted In the Federal courts for en-
forcing the suffrage clause of the
State Constitution, which disfranchised
dictments could hardly be returned,
and certainly convictions could not be
obtained under the law as amended.
Defense of suites Rights.
This vigorous defense OF States
rights in dealing with violations of
civil rights or with special State cleo
lions where troops are called into SER.
vice served to enliven the debate in
tho House to-day In connection with
the consideration of the bill to codify
the penalties oc the United States. a
! number of Demu1Ents mostly from the
Southern states. Enormously sought by
amendment to reserve to the States
themselves discretion as TO the quail
Hcations of voters or OF persons to
SC rye on juries and to limit the powers
of Federal Judges In certain cases. but
every attempt failed. The Republicans
presented n solid front and the votes
all were on party lines. The bill was
still under consideration. when, ut 500
T NJ, the House adjourned.
| When debate on the bill was resumed
to-day, Mr.. 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
as little option and Just as little abso-
lutte power as possible. He then offered
| an amendment to Section % OF the
bill relating TO conspiracies to intiml-
date government officers by changing
| the fine to not "less" than $4,000 and
1 imprisonment with or without hard
labor of not less" than six years, or
4 both. The original provision calls for
a fine OF not more than $4,000 or not
| more" than six years imprisonment.
/ Mr.. Williams, of Mississippi. opposed
! the amendment, and 1t was lost.
| Relic of Reconstruction.
| Thereupon Mr.. Williams moved to
strike out the whole section, remark
/ ing that it was another relic of re-
construction days, and was put on the
statute books to meet the conditions
of those days. kukluxism had passed,
and he thought the statute should
have passed with 1t. The motion was
lost ia to 100. Mr.. De Almond sought
4 to amend by fixing the fine at not
more than $1,000 instead of $4,000,
and not more than one years =, u impris IN
i ment, instead Of six years. This amenu-
j nlert likewise was lost 1O7 to lis.
;. Opposition to section %, prescribing
i penalties for attempts to dlsqualliy
!. for jury service any citizen on account
, OF race or color, came from Messrs.
!, lIIardy, OF Texas, and Bartlett, OF Geor-
4 gia, the latter of whom moved to
. amend by striking out the clause up
, plying the statute to jurles In state
, courts. Both declared that the sec
II ton as framed was q usurpation OF
States rights Their arguments We're
vigorously combatted by Mr.. Moon. OF
Pennsylvania, who remarked that the
section as it stood represented the
action of Democratic Congress and q
Democratic President who mad declared
| that the law was good. Haunting the
s Democrats with their slogan, equal
i rights for all, special privileges for
j ncne" MT. Hepburn, Of Iowa. inquired
j why they at this time precipitated de-
bate on the subject upon the plea thai
there no longer was necessity for sucE
legislation.
J, He spoke of the popularity and tllt
! ability Of MIR. Williams TO adorn the
\ Senate. and yet he said that gentleman
I. had only triumphed by a small margin
I, over Governor Vardainan, who made
his campaign upon the proposition o.
Z irenealne the constitutional amend
= nents and taking from large elias:
Il of citizens all the rights OF their
Il citizenship Mr.. Hepburn declared
!, that as long as that spirit lived III
= wanted the letter of the law to live
{ AT. Williams said Mr.. Hepburn wa:
" mistaken in his understanding of thu
causes of his reduced majority In thu
: senatorial race. Nobody In MISSISSIPPI
= he said, had any idea that Governor
= yarilaman could repeal the fifteenth
2. amendment to the Constitution, bu
I. Governor vardaman's strong race wa
I. because of his POPULARITY in the State
!. his personality and his good recor'
:. as Governor. MI. Williams asserte'
/, that no one should attempt to make
= appear that Federal LEGISLATION slloul
!. fix the qualifications of Juror In
= state court He had never stood 10
), the idea and he never would. Ate
4, raessrs. Hardy, TEXAS: Houston. Ten
{ nessee and Bartlett. Geor"la. Ia
: spnken In favor OF Mr.. Raru"tts mo
ton. Mr.. Driscoll, of New York, as
sailed the Democrats for att"nntln
TO take away from the negro his right
NJ as n citizen. The motion was lost
to 9s. as was alsh motion Nv Nll
rr,r1v ~ strIke out the whole sartin'
II - ", -. AZ. If Nnrt