Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1922-08-12

ate was taken on July 28th when Sen
ator Samuel M. Shortridge of Callroi.
MIA filed a favorable majority repor.
for the Judiciary Committee OH the
bill, according to q statement releas'
cd today by the National Association
for the Advancement of Colored Pe0-
pie through its Secretary, James Wei
don Johnson. The report is an cXhaus
tive one, taking up as it docs the con
stitutional objections in detail an.
answering each objection. The bulk Of
the report is given over to the report
of the House judiciary Committee pre-
pared by Mr.. Dyer, and to briefs on
the constitutionality Of the measure,
prepared and submitted by Moorficl.l
Storey President Of the N. A. A. C. ?.
and by Herbert X. Stockton Of New
York of the firm Of Haight; Smith;
Griffin and Deming and member o,
the Legal Committee of the N. a. a.
6. p.
The Senate Judiciary Committee In
reporting the bill recommended one
change from the form rs passed by
the House. Briefly, this change pro-
Vides that it shall be changed in yh,,
indictment Of persons accused of lynch
ing that the State authorities did not
exercise sufficient diligence in the III
prchension and punishment of the
lynchers. The charge greatly strength
ems tho bill and also removes doubt
as TO its constitutionality.
In rendering its report, the Judici-
airy Committee made the following.
strong declarations
me committee has devoted much
time and earnest thought to the con.
Hidera,ion OF this bill and has reached
the conclusion that as amended TIC
Dill is constitutional and should pass.
Ihat conclusion IS reached bv diff
erent processes of reasoning and nv 70
llahce on different provisions of tho
constitution; but whatever process Of
reasoning is adopted or whatever pro
VISIONS OF the Constitution arc relied
on we hold that the proposed legisla-
ZION Is appropriate legislation" to
cure or prevent the evil Of lynchinm
Wherever in the United States and
subject to the jurisdiction thereof
that evil exists or is committed.
white or black call persons born or
naturalizcd 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 fail
ure neglect; or refusal to act: deprive
any person OF life, liberty, or property
without due process Of law, or deny
TO an! person Within its jurisdiction
the equal protection OF the laws.
a careful and dispassionatc study of
the provisions Of this bill as amended
VIII, tho committee thinks, convince
senators that it is Inappropriate legis-
la'loh' within the competency Of
congress to enact, to safeguard an.
protect 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 sense.
sectional. The evil it is designed to
cure is not confined to any particular
section or State, north or south, east
or west. This monstrous evil, which
Is n disgrace to the Nation, We should
strive to wipe out by a firm and lust
exercise or every legitimate power COZ.
1erred upon and residing in the Fed
cral Government.
The proposed Legislation is not an
invasion or subversion Of the rights of
inc States, nor Is it designed to &c
lleVe the States from the performance
Oh thelr duty to secure to all persons
"llnm their several Jurisdictions
equal protection of the laws, on the
contrary, the proposed legislation is
III ana OF the several states and will pe
lmpartially administered by the people
or the several States.
1t Is sincerely hoped and confident
~ believed that the early passage OF
this bill as amended will have q sa1u-
tary effect and go far toward insur-
ing that equal protection of the laws
State and Federal, to which call per
sons born or naturalrzed In the Unit
cd States and subject to the jurisdic-
ton thereof" are entitled.
American citizenship is indeed a
badge of honor; it should be and this
bill seeks to make it, shield Of pro
lection to every American citizen,
man. woman and child, native and nat
uraliZed, who stands on American soil
hedged round and guarded, as they
are, by the Constitution of the United
States.
In commenting on this action Mr..
Johnson said:
This favorable report by the Judi.
ciary Committee removes the last con
stitutional objection to the Dyer Bill
and at the same time whatever excuse
the Senate may have had for delaying
action on the measure. So long as
THO Judiciary Committee deferred ats
report just SO long could members Of
the Senate plead to friends OF the bin
both white and colored, that any pes
sonal reluctance to press the bill was
based on doubts as to the bills lega!i-
ty. No longer can that excuse be Offer
ed The Dyer Bill has been declared
by the Judiciary Commit
tees Of both the House and the Senats, |
by the encouragement of the United |
States, by eminent lawyers like Moor |
field Storey, Herbert X. Stockton all.
many others while nineteen justices
OF state and supreme courts Of the |
various states, judge of United |
States Circuit Court, two former Unit