Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1922-06-24
Continued from last week.

Continued from last week.)
"They have reference to actions
Of the political body denominated u
State. by whatever Instruments or
In whatever modes that action may
be taken. A State acts by it's legis-
latiye, it's executive, or it's judicial
authorities. 1t can act in no othor
way. The constitutional provision
therefore must mean that no agency
of the State, or OF the officers or
agents by whom its powers are OK
erted, shall deny to any person with
in it's Jurisdiction the equal protec-
ton Of the laws.
whoever, by virtue Of public
position under a State government,
deprives another Of property, life or
liberty, without due process Of law,
Or denies or takes away the equal
protection Of tho laws, violates the
constitutional inhibition; and as he
acts in the name and for tho State
and ia clothed with the States pow
or, hhS act IL that Of tho State. This
must be SO, or the constitutional
prohibition has no meaning. Then
tho State has clothed ono Of its
agents with power to annul or to
evade it.
but the constitutional amend
ment was ordained for purpose.
1t was to secure equal rights to all
PERSONS; and to insure to all persons
the enjoyment Of such rights, power
was given to Congress to enforce its
provisions by appropriate legislation.
Suoh legislation much act upon per-
sons, not upon the abstract thing
denominated a State, but upon the
persons who arc the agents of the
State in the denial of the rights
which were intended to be secured"
If the officers and people Of State
sit quietly by, year after year let
lynchors murder, rob and destroy
and never take any steps to prevent
them; If their governors, as have
tho governors Of Georgia, Mississippi
pi and other States, declare that thoy
have no power to prevent them; If
they never try to exercise any such
power, If the lynchers are known
and never punished but on tho other
hand praised, is not the State, the
body Of citizens who elect tho log
islature. the judges. and all the Of
ficers OF tho State, are not they
privy to and responsible for these
crimes? If not, how can the State
do what the amendment forbids?
We'll did President Wilson in his
appeal to the people against lynching
say ct cannot live where the COM
munity does not countenanco it,"
Suppose State were to pass law
providing that It's officers should sur
render Negroes charged with crimes
to mobs bent on lynching them, and
that no person taking part in lynch
ing colored man should DO pros
ecuted for any offense, would not
such legislation justify action by
Congress? What practical difference
is there between such a law passed
by tho Legislature and the practice
which prevails by common consent?
How little sympathy the commun
ity has with any attempt to protect
tho rights OF these citizens may be
gathered from the minority report
Of the House Judiciary Committee
on the Dyer bill which is signed by
five members and is very brief. IT.
contains no recognition Of tho OWL,
no expression Of regret at the out
RACES which have continued so long,
no suggestion that thare is any hope
Of changing these conditions by tho
action OF the States themselves. 1t
simply denies tho power Of Congress
to pass the law, and with a certain
naivete says that this proposed in
tervention Of the Federal Govern
ment
would tend to destroy that
sense Of local responsibility for
the protection Of person and
o,,txy . 1,@ Il s,,t.,.
OF justice, from which sense Of
local responsibility alone pro-
lection and governmental eff
cheney can be secured among
free peoples
1t is almost humorous to think
that these gentlemen dread the de-
struction Of "senso Of local re-
sponsibility" which has In many
years never punished a lyncher.
Coming next to tho clause which
forbids the State to deny to any
person the equal protection of the
laws. Cannot that denial be made
as well by inaction as by action, by
omission to act as well as by deed,
by gross negligence as well as byI
miSfeasance?
DOoS HOI -ln1S amendment impose
upon the State duty to protect?
Must it not pass the laws which give
protection, and must it not see that
those laws are enforced? Every
civilized community employs police
men to protect it's citizens against
criminals. If in any State or city
the protection OF the police is not
given to ono class Of citizens, if
those who attack, kill or rob them
are never arrested or punished, If
this goes on for years and the COM
munity acQuiesces, though having
the power by changing its officers to
afford that protection, is not the
class SO treated deprived Of tho pro-
lection to which 1t is entitled-"the
equal protection Of the laws?"
The Supreme Court has said that
an actual discrimination against a
Negro, ON account Of his race, by
Officers intrusted with the duty Of
carrying out the law us as potential
in creating a denial Of equality Of
right as discrimination made by
l., M Il