The New York herald., 1922-07-29

washington, -. u, july ~.
An elaborate report declaring that the
Dyer snti-lyncvhing bill, as amended In
the Senate Judiciary Committee, is con-
stitutional was submitted on behalf of
she committee to-day by Senator Short
ridge (Cal).
THAT conclusion Is reached by differ
ent procec-es of reasoning" says the
report. land by reliance on different
provisions OF the Constitution but
whatever process of reasoning is adopted
or whatever provisions of the Constitu-
tion are relied on. we hold that the
proposed legislation is appropriate leg
islation to cure or prevent the evil of
lynching wherever in the United States
and subject 10 the jurisdiction thereof
that evil exists or is committed.
White or black. all persons born or
naturalized in the United States and
subject to the jurisdiction thereof are
citizens of the United States and no
state may. by affirmative legislative
Judicial or executive action or by failure
neglect or refusal to act. deprive any
person Of life, liberty or property with
out due process of law. or deny to any
person within its jurisdiction the equal
protection of the law.
Not "SectionaI."
! "A careful and dispassionate study of
the provisions of this bill as amended
VIII, the committee thinks. convince
senators that 1t is appropriate legisla-
ton, within the competency of Con-
gress to enact, to safeguard and pro-
tect those rights to life, liberty and
property which are guaranteed by the
Constitution of the United States
The proposed legislation is not and
should not be considered in any way
he = ,s,
is not confined to any particular sec
ton or State. North or South, East or
West. This monstrous evil which is a
disgrace to the nation, we should strive
TO wipe out by firm and just exercise
OF every legitimate power conferred upon
and residing in the Federal legislation.
The proposed legislation is not an
invasion or subverson of the rights of
States. nor is it designed to relieve the
States from the performance of their
duty to secure to all persons within
7 their several jurisdictions equal protec-
tion of the law. On the contrary, the
proposed legislation is in aid of the
several States and will be impartially
administered by the people of the sew
eral States.
American citizenship is indeed a
badge of honor: 1t should be, and this
bill seeks to make 1t, a shield of pro-
lection to every American citizen, man,
woman and child, native and natural
ized. who stands on American soil,
hedged round and guarded. as they are,
by the legislation of the United States"
The report was not signed by mem
bers of the committee. Several of
them. including Senator Borah Udaho),
are strongly of the opinion that the pro-
posed law is unconstitutional. although
they are willing to have the Senate act
on the proposition.
Senator Shortridge, in submitting the
report said he would call UP the bill
at the earliest possible moment, as he
is desirous of having action taken on
It at this session Of Congress.
Lawyers Uphold Bill.
The amendments proposed by the
Senate Judiciary Committee aim to
meet the objections of the bill. as 1t
was passed by the House, to the effect
ir is a serious encroachment upon the
police powers of the States.
The bill. as reported TO the Senate,
provides that any State or municlpai
officer in whose custody is entrusted
the life of any person shall, II con-
victed of negligence in guarding that
person from mob or riotous assem-
blage, be guilty of felony and shall
ceeding five wears, or fine not exceed
ing $1,000, or both.
Furthermore. any country in which
the officers are proved to have beer
negligent In guarding prisoner who
is put to death by mob shall be sub
/ject to fine of $4,000.
Senator Shortridge submitted with his
report briefs by noted lawyers. includ.
ing Moorfield Storey of Boston ano
Herbert X Stockton of New York, ir
which they argued in their judgment
the pending bill Is constitutional.
Mr.. Storey says: "It would seem clear
in any event that Congress should not
refuse to do it's duty because of the
fear that the Supreme Court might not
agree with 1t as to the necessity and
legality of the act which the House OF
Representatives has passed. The dis
tinction between the cases which have
hitherto been presented to the court
and this case is very clear. IL Con-
gress errs, the Supreme Court will have
the power to correct the error. but II
Congress refuses to act 1t Is respon-
sible for the continuance of the in
famous practice which the bill Is
framed to stop"