Atlanta tri-weekly journal. [volume] (Atlanta, Ga.) 1920-19??, 1922-05-30
ANT|-LYNCH BILL
WORRIES SENATORS
Atlanta Journal News Bureau,
40S Evans Building.

WASHINGTON, May 25.-The
senate judiciary committee resumed
it's wrangling Wednesday over the
Dyer anti-lynching bill, passed by
the house, but regarded as unconsti-
tutional by. practically all of the
members Of the senate committee.
A subcommittee reached the conclu-
sion that the bill would not stand in
the courts, but now such politicrl
pressure has come from Republican
and negro sources that the full SEN
ate committee is mulling around to
see if a substitute bill can be
framed.
It is learned that negroes and ne
gro organizations are on the trail
Of Senator Lodge, of Massachusetts,
the Republican floor leader, demand
ing enactment of anti-lynching leg
islation at this session. Senate Re
publicans on the whole do not want
to press any sort of bill, but this is
campaign year, and the proposition
is ticklish one in states where the
negroes vote heavily. That the rad
ical bill passed by the house has no
chance in the senate, and that the
senate, if it acts at all, will put
through only q makeshift seems a
safe bet today.
Members Of the senate judiciary
committee, it was said today, are
practically unanimous in their be-
lief that the house anti-lynching bill
is unconstitutional. This was the
Ia
Senator Borah, Republican, Of the
subcommittee, is reported to have
told the full committee that the anti
lynchine bill did not have leg to
stand upon and should be quickly
invalidated by the courts.
The task now before the senate
committee is to meet the political
pressure for some sort of legislation
and revise the house bill so that it
will not he patiently unconstitutional
on it's face.
At the adjourned meeting mem
bers will return with various sug-
gestions as substitutes for the house
provisions, but it seemed settled that
the house measure must be discard
ed. It is well recognized that but
for the political pressure on Senator
Lodge and other Republicans who
are up for reelection and in whose
states there are large numbers OF
negro voters, the anti-lynching bill
would be permitted to sleep in the
committee indefinitely. Senator
Lodge, however, is said to be in in
sisting that a bill Of some kind at
least be brought to the floor of the
senate.
The judiciary committee does not
feel it could defend the constltu-
tionality of the house bill, and even
it's Republican members seriously
doubt that any bill could be framed
that would stand the test in the
courts.
The house bill gives federal courts
exclusive jurisdiction to try persons
accused of mob violence; it also pc
nalizes counties in which lynchirgs
occur, and provides for the removal
OF county officers by federal proc
ess. State courts would have no
control whatever over lynching
cases. Such law, senate Repub-
licans seem convinced, would have
no show in the courts.
An alternative suggestion is that
instead of providing for trial in fed
eral courts of persons accused of
lynching, the federal courts shall
arraign and try only the county Of
ficers-sheriffs, deputies and prose
cutting attorneys-Who fail to pre-
vent lynchings in their territory.
There is serious doubt, however.
that this makeshift bill would sat
isfy those demanding anti-lynch leg
islation, or that it would survive in
the courts, and the senate commiA
tee was befuddled over the entire
situation today.